Terms of service

Who we are and what these terms cover

The service is provided by Fygi AS, organisation number 932 169 630, Gladengveien 3B, 0661 Oslo, Norway ("Fygi", "we" or "us"). You can reach us at support@fygi.no.

By opening a store in the service and starting to scan, you agree to these terms. If you do not agree, do not use the service; you can shop at the store's ordinary checkout instead, where the store has one.

The store you shop in may have its own terms for purchases, membership programmes and the use of self-checkout in its premises. Those apply alongside these terms. On a question about the goods or your purchase, the store's terms come first.

If you use Fygi through a partner app such as Swish, that app's own terms apply to the app and to the payment.

Fygi and the store

Fygi provides the technical service that lets you scan and pay. The store is the seller. The purchase contract for the goods and services you buy is between you and the store, and the store receives your payment, directly or through a payment provider acting for it.

This means that prices, the goods, availability, age limits, returns and complaints about what you bought are matters between you and the store, under the Norwegian Consumer Purchases Act (forbrukerkjøpsloven) and the store's own terms. Our standard terms of sale at fygi.no/tc-app describe this in more detail and apply when the store has not published terms of its own.

Questions about the service itself, such as the app, your account, receipts or a technical problem, go to Fygi.

Who may use the service

The service is for consumers shopping for themselves. You must be able to enter into a binding agreement under the law of your country. Under Norwegian law this normally means that you are 18 or older, or that you are a minor paying with money you are entitled to spend yourself.

Goods with an age limit, such as alcohol, tobacco and some medicines, can only be bought by shoppers who meet the limit. The service marks such goods, and the store's staff confirm your age before the purchase is completed and may ask to see ID.

You may only use the service in stores where it is offered, and only for shopping there.

Your account and login

You can use the service without an account in most stores. An account lets you keep your purchase history and receipts and, in some stores, open the door or shop as a member. You sign in with your phone number and a one-time code sent by text message.

Keep your login codes to yourself and do not share them with anyone. You are responsible for purchases made through your account if you have shared a code or otherwise failed to take reasonable care of your phone or account. If you lose your phone or suspect misuse, contact us so we can close the account.

You can delete your account and the data connected to it at any time, in the service or by contacting us. Receipts and transaction records that the store or we must keep under the law, for example bookkeeping rules, are kept for as long as the law requires.

How to shop with the service

The service only works if everyone uses it honestly. When you shop with it, you must:

• Scan every item you take, and register items without a barcode, such as weighed goods, in the way the store explains.
• Pay before you leave the store or collect your order, and keep the digital receipt as proof of purchase until you have left.
• Follow instructions from the store's staff, for example to show your receipt, to scan a code at the exit or to pay at the counter.
• Show your purchase to staff if the service selects you for a spot check. Checks are carried out by the store. If you do not want to take part, staff may ask you to complete the purchase at a staffed checkout, and the store may refuse you further use of self-checkout. A spot check does not give staff any right to search you or your belongings.
• Not use the service for goods you are not entitled to buy, and not scan goods for someone who may not buy them.

An item that is not scanned and paid for before you leave has not been bought. If you discover that you have missed an item, scan it and pay, or tell the staff. Taking goods deliberately without paying is theft, which the store may report to the police.

Payment and receipts

You pay with one of the payment methods the store offers, such as Vipps, MobilePay, Swish, payment cards, Apple Pay or Google Pay, or in cash or at a payment terminal with help from staff. Each payment method has its own terms with the provider, and the provider may ask you to confirm the payment in its own app.

The purchase is complete when the payment is confirmed in the service. If a payment fails or is cancelled, no purchase has been made, and you can try again or, where the store has one, go to the ordinary checkout.

You receive a digital receipt in the service and can have it sent to your email address. The receipt shows the store's name and organisation number and is your proof of purchase towards the store. Refunds, returns and exchanges are handled by the store, under its policy and the law, and are paid back to the payment method you used.

Prices, discounts and errors

Prices, campaigns and discounts come from the store's systems and are shown in the service as you scan. All prices include VAT. Deposits (pant) and bag charges are shown as separate lines.

Discount codes and member prices apply on the conditions the store sets. If a price in the service is obviously wrong, for example because of a technical error, and you should have realised it, the store is not bound by that price.

Membership and marketing

Some stores let you shop as a member to get member prices and benefits. To do this, the service must confirm that you are a member. In the Fygi app and web app this is done with your phone number; in a partner app such as Swish it is done with the identifier that app asks you to share. We only look you up in the store's membership register when you have chosen to shop as a member.

Joining a store's loyalty programme is an agreement with the store, on its terms. Offers by text message or email are only sent if you have ticked the box for them, and you can withdraw that consent at any time, in the service, through the link in the message or by contacting us.

Things you must not do

You must not:

• Try to bypass payment, change prices, or register fewer or cheaper items than you take.
• Use the service with someone else's phone number, account or payment method without their consent.
• Interfere with the service or the store's systems, for example by probing the service with scripts, decompiling the app (except where the law allows it) or using automated tools to place or alter orders.
• Use the service in a way that is unlawful or that breaks the store's own rules.

Misuse, suspension and blocking

If we have reasonable grounds to believe that your account is being misused, for example through attempts to bypass payment or interfere with the service, we may suspend your account while we look into it. A store may decide that you may no longer use self-checkout in its premises. Such a decision applies only in that store.

We will tell you that you have been blocked and why, unless the law or an ongoing investigation prevents it, and you can contest the decision by contacting us. Blocking does not affect purchases you have already completed.

Changes to the service

We develop the service continuously, and stores choose which functions to offer. We may change, add or remove functions when we have a valid reason, such as improving security, meeting legal requirements or adapting to new technology. Changes are free of charge.

If a change substantially reduces how you can use the service, we will tell you in advance by email or text message, and you may end the agreement and delete your account free of charge within 30 days of the notice or of the change, whichever is later. This follows the Norwegian Act on the supply of digital services to consumers (digitalytelsesloven), which also gives you rights if the service does not work as it should.

The service may be unavailable during maintenance or because of faults with us, the store, your device or your network. The store's ordinary checkout is the alternative where the store has one.

Our responsibility

We are responsible for the service working as described in these terms and in the information we give you about it. If it does not, you have the rights that follow from the digitalytelsesloven and other mandatory consumer law, including the right to have the fault corrected.

We are not responsible for the goods and services you buy, for prices and availability, for how a store runs self-checkout in its premises, or for faults or outages at payment providers and partner apps. Nor are we responsible for losses caused by your own device, network or payment account, or for misuse of your account that we could not reasonably have prevented.

Nothing in these terms limits a responsibility that cannot be limited under the law that protects you as a consumer, and nothing limits our responsibility for damage caused by gross negligence or intent.

Intellectual property

The service, including the apps, the design, the software and the Fygi name and logo, belongs to Fygi or our licensors. You get a personal, non-transferable right to use the service for shopping as long as you follow these terms; nothing else is transferred to you. Your receipts and the data about your own purchases are yours to keep and use.

Personal data

How we process personal data in the service is described in our privacy policy at fygi.no/privacy-policy-app. For data about your purchases and your membership, the store is the controller and we process the data on its behalf, so the store's privacy notice applies. For your Fygi account, we are the controller.

Ending your use of the service

You can stop using the service at any time, and delete your account as described above. We may stop offering the service, or offering it in a particular store, with reasonable notice. Purchases you have already made are not affected, and you can still get your receipts for as long as the law requires us or the store to keep them.

Changes to these terms

We may change these terms when the service, the law or our practices change. The current version is always available at fygi.no/tos-app, with the date of the last change at the top. If a change is significant and you have an account, we will tell you in the service or by email at least 30 days before it takes effect. If you do not accept the new terms, you can stop using the service.

Governing law and disputes

These terms are governed by Norwegian law. If you live in another country, you keep the protection of the mandatory consumer law of that country.

If you have a complaint about the service, contact us first at support@fygi.no, and we will try to find a solution. If we cannot agree, you can take the matter to the Norwegian Consumer Authority (Forbrukertilsynet) for mediation and then to the Consumer Disputes Committee (Forbrukerklageutvalget). Consumers in Sweden can contact the National Board for Consumer Disputes (Allmänna reklamationsnämnden), and consumers in Germany a consumer advice centre (Verbraucherzentrale) or the competent conciliation body. You can also bring the matter before the ordinary courts.