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General Terms and Conditions of Service to Consumers

These “General Terms and Conditions of Service to Consumers” apply to the relationship between Sto2 a limited liability Pyszne.pl based in Wrocław, at ul. Powstańców Śląskich 9, 53-332 Wrocław, registered by the District Court for Wrocław – Fabryczna in Wrocław, 6th Commercial Division in the National Court Register (KRS), under number: 0000344195, (NIP) (Tax Identification No.): 6152007726, REGON (National Pyszne.pl Registration Number): 021024978 [hereinafter: Pyszne.pl] with rights to the Platform and Consumers. These do not apply to Businesses (as defined below but including Restaurants and Stores) which are governed by the ‘General Terms and Conditions for Restaurants’.

1. Definitions

Offer: an assortment of products and services offered by individual Businesses that may be ordered by the Consumer through Pyszne.pl (Platforms).

Order: a statement of will submitted by the Consumer to the Business through Pyszne.pl, namely the Platform for the Offer of their choice, resulting in the conclusion of the Agreement.

Consumer: An individual who performs a legal activity with the entrepreneur that is not directly related to his business or professional activity, placing the Business Order through Pyszne.pl, specifically the Platform.

Customer: a natural person who has reached the age of 18 or a legal entity placing an Order through the Platform.

Agreement: the legal relationship between the Consumer and the Business on the basis of the Order submitted regarding its performance and its delivery or personal acceptance.

Platform: websites, applications, tools and other devices of the www.pyszne.pl Service and its affiliates and trading partners on which the Services are made available

Business: an entity engaged in business activities in the field of making available, selling, preparing, packaging, picking and/or serving products and related items, using the services provided by Pyszne.pl upon its acceptance of its registration application, in order to conclude and pay for the Agreements.

Business Information: information relating to the Business, including but not limited to, data of the entity that owns the Business and their contact methods, products and services made available within their Offer ( for example, allergens, nutritional information, and ingredients), prices of individual products and services (including VAT), logo, graphics, delivery area (including zip codes), delivery costs and minimum order amounts, and other information about the Business.

Age Restricted Item: any product with a minimum legal age requirement including but not limited to, for example, an alcoholic product.

Services: The activities offered by Pyszne.pl to the Consumer through the Platform, including but not limited to: publication of the Offer, facilitation/intermediation of the Agreements, including the transfer of Orders to the relevant Business, the ability to add ratings, comments and opinions about individual Businesses and their display, the ability, subject to the provisions below, to pay online - fees for the execution of the Agreements to the Business [service of payment].

Account: a personalised administration panel of the Consumer available after successful registration and login on the website www.pyszne.pl – with a pre-determined login and password, through which the Consumer may use the services provided by Pyszne.pl, including, but not limited to, placing orders for products offered by individual Businesses.

Tip: the voluntary amount paid by the Customer for the courier delivering the Order.

Online Payment Systems: PayU and Payment Card (Payment Operator - PayU Spółka Akcyjna with its registered office in Poznań, ul. Grunwaldzka 182, 60-166 Poznań, registered by the District Court of Poznań - New City and Wilda in Poznań, 8th Commercial Division under KRS No.: 0000274399), PayPal (Payment Operator - PayPal Polska Spółka z limited liability with its registered office in Warsaw, ul. E. Plater 53, 00-133 Warsaw, registered by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of KRS under KRS No. 0000289372), Sofort (Payment Operator - SOFORT GmbH with registered office in 82131 Gauting, Fußbergstraße 1, Germany, Entered in the District Court in Munich: HRB 218675, EU VAT: DE248376956), Android Pay (Payment Operator - Adyen BV with registered office in 1011 EB Amsterdam, Simon Carmiggeltstraat 6-50, Entered in the District Court in Amsterdam: CC Amsterdam 34259528, EU VAT: NL817154243B01).

2. Pyszne.pl information

Contact details of Pyszne.pl:

Sto2 - A limited liability Pyszne.pl

Powstańców Śląskich 9

53-332 Wrocław

Poland

Tax ID: 615-200-77-26

E-mail address: info@pyszne.pl

3. Applicability and General Provisions

3.1 These General Terms and Conditions of Service for Consumers (hereinafter: GTC) shall only apply to Services provided by Pyszne.pl for which Pyszne.pl is fully responsible. Pyszne.pl informs that the use of the Platform by the Consumers is a service provided by electronic means, as defined in the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended) [hereinafter: USUE], which is based on these GTCs, also acting as Regulations within the meaning of 8 USUE. These GTCs set out, in particular, the terms for the provision of Services offered on the Platform, the scope of the Services and the terms of use thereof. Pyszne.pl is not responsible for the proper performance of the Agreement, as it is not a party to the Agreement.

3.2. Pyszne.pl makes these GTCs available to the Consumers free of charge through the Platform in an ICT system, as well as in a way that allows it to be downloaded, recreated, recorded and printed.

4. Changes to these General Terms and Conditions

4.1. Pyszne.pl may make some changes to these GTC but, in case of any significant change, Pyszne.pl will inform the Customer in advance of such changes becoming effective, unless the changes are required by applicable law.

4.2. If the Customer does not accept the changes, they should not use the Platform.

4.3. Please be aware that Customer’s continued use of the Platform after the effective date of the proposed changes will constitute their acceptance of the revised GTC.

5. Rules for provision of services electronically

5.1. The commencement of the provision of the Services by Pyszne.pl, occurs when the Consumer starts using the Platform and therefore accepts the terms of these GTCs. Pyszne.pl’s provision of Services to the Consumer is not limited in time.

5.2. Consumers who have reached the age of 18 have the option to register on the Platform – create an Account by entering their first name, last name, email address and password in the registration form available on the website: www.pyszne.pl under the “Registration” tab. Unless otherwise indicated, Consumers (including Customers) need to be at least 18 to use the Services and the Platform. In order to activate your Account, you must click on the activation link immediately sent to the email address you provide. You can also create an Account by selecting the appropriate option when placing an order or by connecting the Platform to Facebook.com. You may opt out of the Services at any time.

5.3. Deletion of the relevant Consumer’s Account occurs as a result of a written request submitted by the relevant Consumer to: Powstańców Śląskich 9, 53-332 Wrocław, by e-mail to privacy-concerns@takeaway.com or the contact form available at pyszne.pl/obsluga-klienta 14 days after its receipt by Pyszne.pl.

5.4. Pyszne.pl is entitled to immediately terminate the relevant Consumer’s Account; in the event of a gross breach by him of the provisions of these GTCs, including, but not limited to: Deliberately making false assessments of each Business providing unlawful content referred to in section 8 and in Article 10 or providing false/false data during the registration process - if it does not stop the activity in question despite the deadline specified by Pyszne.pl in this respect - not shorter than 7 days.

5.5. Pyszne.pl shall not be liable for the inability to provide Services to the Consumer as a result of force majeure.

5.6. Consumers may use the Services, subject to section 8, only on an Internet-connected PC, Mac, or similar Internet-based computer

5.7. Consumers may also use Pyszne.pl’s Services on mobile devices such as smartphones, tablets, mobile PDAs. However, access to one of the devices with access to the Internet, as listed in the previous sentence, and provision of one of the browsers is a prerequisite.

5.8. Notwithstanding the provisions of Article 10 of these GTC, when using the Services, you may not provide unlawful content, including but not limited to:

  • data and information prepared in a manner that poses a risk of compromising the security of the IT system or the stability of the Platform;
  • information that violates any good of Pyszne.pl or any third party;

5.9. When using the Platform, Consumers are required to comply with generally applicable laws and rules of social coexistence.

5.10. Consumers are prohibited from using the Services in a manner contrary to generally applicable laws, good customs or in a manner that violates Pyszne.pl’s legitimate interests. In particular, the Consumer will not take any action that could expose Pyszne.pl to any property damage.

5.11. Consumers are prohibited from downloading the content of databases made available on the Platform and from using them in whole or in part as in terms of quality or quantity.

5.12. Pyszne.pl reserves the right to copyright all messages and materials available on the Platform. The Consumer is only permitted to use it for permitted personal use. You may not copy, reproduce, distribute on the Internet or otherwise use material or message on the Platform that goes beyond legal limits.

6. Offer

6.1. Pyszne.pl publishes the Offer on behalf of and for the benefit of the relevant Business on the Platform, in accordance with the Business Data provided by the Businesses.

6.2. Pyszne.pl presents all Business Data clearly indicating to the Consumer its rights and obligations in the event of acceptance of the Offer.

6.3. The Business may use ingredients and food and beverage additives that may cause allergies and intolerances. If the Consumer is allergic to any foodstuffs, we recommend that you contact the Business by phone for up-to-date allergen information before placing an Order.

7. Agreement

7.1. The Agreement is concluded when the Consumer completes the submission of the Order by clicking on the “Order and Pay” button. You will immediately receive confirmation of this at the e-mail address you provided when you placed your Order.

7.2. Where the Consumer has not logged in or created an account previously, the Consumer may have the option to continue with their Order as a guest. By completing the Order as a guest, the Consumer agrees that Pyszne.pl will create a temporary Pyszne.pl guest account which will, unless otherwise stated in these General Terms and Conditions, be accessible only (a) from the device which the Consumer uses to place the Order; and (b) for a period of up to twelve months following the date of the Order. The Consumer’s access to their temporary guest account will expire on the ‘’Expiry Date’’ which shall be the earlier of (i) the date falling six months after the date on which the Consumer last accessed the temporary guest account; (ii) the date falling twelve months after the date on which the temporary guest account was created; or (iii) the date on which the Consumer logs out of their temporary guest account, or clears the cache on the device which the Consumer used when the temporary guest account was created.

7.3. The Agreement may be performed correctly by the Business only if the Consumer provides correct and complete contact details when placing the Order. Consumer is obliged to immediately report any inaccuracies in the data, in particular regarding payments that have been provided or replaced to Pyszne.pl or Business.

7.4. In order to obtain information on the performance status of the Agreement, the Consumer may contact the Business directly using the contact details provided in the Platform and confirm the Order referred to in section 1. Once the Consumer has placed an Order, the Consumer shall be accessible by telephone or email to both the Business and Pyszne.pl, in accordance with the contact details indicated when placing the Order.

7.5. If the Consumer decides to perform the Agreement by providing them with the ordered products, they should be present at the delivery address indicated when placing the Order for its pick-up. If the Customer is not present at the delivery address at the time of delivery of the Order and the Order is delivered by Pyszne.pl (and not by the Business itself), Pyszne.pl will make reasonable efforts to contact the Customer to determine where the Order should be left. If Pyszne.pl is unable to contact Customer, Pyszne.pl may leave the Order in a reasonable place outside, close to the delivery address. Pyszne.pl shall not be liable for the Order (including the quality or security of the contents of the Order when found by the Customer) after delivery of the Order. Please note that if you are delivering the Order yourself and not using the delivery services provided by Pyszne.pl, you will decide whether to leave the Order outside of the delivery address if you are not present.

7.6. Pyszne.pl may charge the Customer a delivery and/or a service charge. The delivery fee and service charge applying to the Order may vary depending on a number of factors, including location, the Business selected, and the value of the menu items in the Order, but these costs will always be shown on the Platform before a customer places an Order. A receipt for the delivery fee and service charge can be requested with Pyszne.pl.

7.7. If the Consumer elects to perform the Agreement by self-collecting the ordered products, the Consumer shall report to the Business’s order collection point at the indicated time for this purpose. The time referred to in the previous sentence shall be indicated to the Consumer by electronic means (email confirming the submission of the Order) or on the Platform.

7.8. If an Order contains alcoholic beverages, the Consumer is required to acknowledge and comply with any restrictions that may apply before being able to complete their Order.

(a) Alcoholic beverages are issued for collection at the physical point of sale located at the Restaurant or Store’s address as indicated on the Platform on their profile page (‘’Point of Sale’’). The Consumer agrees to take responsibility for the collection of the purchased alcoholic beverages at the Restaurant or Store’s Point of Sale, and acknowledges that the Consumer may collect the alcoholic beverages in person or through another person authorised by the Consumer, in particular in the case of purchase with delivery.

(b) Where the Consumer decides not to collect the Order at the Point of Sale in person, the Consumer is presented with the possibility to authorise the courier to collect the Order at the Point of Sale on their behalf and to deliver the Order to the address as indicated by the Consumer. Via this authorisation, the Consumer grants the courier a power of attorney authorising the courier to (i) collect the alcoholic beverage on behalf of the Consumer at the Point of Sale and (ii) to deliver the alcoholic beverage to the address indicated by the Consumer in the Order. For the avoidance of doubt, the Agreement between the Consumer and the Restaurant or Store will be deemed fulfilled for the alcoholic beverage at the Point of Sale. The alcoholic beverages are regarded to be collected by the Consumer when the Restaurant or Store hands over the alcoholic beverages to the courier.

(c) Any collection or delivery of alcoholic beverages is subject to the conditions for delivery or collection of Orders that contain alcoholic beverages as described in 7.9.

7.9. Upon ordering as well as at the time of delivery of the Order, you may, pursuant to applicable laws and regulations, be required to verify your age via a (valid) identity document if the Order includes alcoholic or other age-restricted products.

(a) If you’re unable to provide proof that you meet the minimum age requirements or there is reason to believe that the products you ordered have been purchased on behalf of a person that does not meet the minimum age requirements, you may be refused collection or delivery of your Order, including such alcohol or other age restricted products.

(b) You may also be refused collection or delivery of alcohol or other age restricted products if you are, or appear to be, drunk, intoxicated or otherwise under the influence.

(c) Where you are refused collection or delivery of alcohol or other age restricted products, the delivery fee as charged to you when placing your Order will not be refunded.

7.10. Once an Order has been placed, Customer may, in its sole discretion, choose to provide a courier tip via the available online payment methods.

7.11. The tip is intended for couriers and cannot be considered a payment for Pyszne.pl services. Pyszne.pl will therefore only act as a steward and seller of tip amounts.

7.12. Pyszne.pl will provide a Tip to couriers if they are directly engaged by Pyszne.pl. If the courier is not engaged by Pyszne.pl but directly by the Business, Pyszne.pl will pass the Business Tip and obligate the Business to pay the tip to the courier. Pyszne.pl may not guarantee or be responsible for providing the tip to the courier by the Business.

7.13. Once Customer has received confirmation that a Tip has been provided, the Tip may not be refunded or refunded.

8. Waiver

8.1. As a Consumer, you may have certain legal or statutory rights when you order products via the Platform. Without prejudice to these rights (which, if applicable, will not be affected), the Consumer may not withdraw from the Agreement where the goods contained in the Offer are perishable (Article 38 item 4 of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014 item 827), have been individual tailored to the Consumer, are not suitable for return due to hygiene or health reasons, or have been inseparably mixed with other goods following delivery. You may withdraw from the Agreement before it is actually performed without giving any reason by calling the Business.

8.2. Pyszne.pl indicates to the Consumer that the Business is entitled to withdraw from the Agreement in the event of:

  • the existence of force majeure preventing the performance of the Agreement;
  • obsolescence of the Offer Platform where the Consumer has not agreed to an alternative to the Order submitted by the Business;
  • incorrect or unreachable telephone number or delivery address provided by the Consumer.

8.3. In the event of withdrawal from the Agreement by either party, it shall be treated as not concluded. Pyszne.pl will refund the payment made by the Consumer using the same payment method used by the Consumer.

8.4. In the event of a false Purchase Order being placed by the Consumer or the failure of the Consumer to perform the Agreement (in particular by its failure to pay for it or absence at the delivery place or at the collection point to pick up the ordered products), Pyszne.pl is entitled to refuse any future Purchase Orders from such Consumer.

8.5. Pyszne.pl is entitled to immediately reject Orders placed by Consumers if there is a reasonable doubt as to its accuracy or authenticity. In the event of a reasonable suspicion of a crime, Pyszne.pl is required to notify the relevant law enforcement authorities.

9. Payment

9.1. At the time of concluding the Agreement in accordance with the provisions of Article 7.1 of these General terms of service for Consumers, the Consumer shall be obliged to pay the Business the price resulting from the Order. The price stated in the Order is the total price that the Ordering Party will pay, including the applicable tax and delivery cost, and any other fees and charges we charge from the Consumer. The Consumer may fulfil the first obligation set out in subparagraph as a result of using the Online Payment Systems offered through the Online Payment Platform or by transferring the amount due to the courier at the time of delivery or paying at the Business upon receipt. The availability of the payment methods listed in the previous sentence is subject to the individual arrangements made between Pyszne.pl and the applicable Business and may be limited. The Consumer is informed about the available payment methods on the Platform when placing an Order at a given Business and must make a selection of one of them before placing the Order, i.e. before clicking the “Order and Pay” button.

9.2. Subject to the provisions of Article 8 of these General Terms of Service for Consumers (partial), online payments shall only be reimbursable if part of the Order cannot be delivered and the Consumer accepts the performance of part of this Order. The refund is always made to the payment account. Depending on your payment method, the refund processing will take up to 10 business days.

9.3. The online payment is refunded within 10 business days of Pyszne.pl becoming aware of the withdrawal from the Agreement. In the event of rejection of the Order referred to in Article 8 section 5 of these GTCs, the online payment is refunded within 10 business days of such rejection.

9.4. The Business has authorised Pyszne.pl to accept online payments made by Consumers on its behalf.

10. User-generated content

10.1. Any material other than personally identifiable information, which is transmitted or posted or uploaded by a the user (including Customers) on this Platform (including, by way of example and not limited to, any feedback in the form of ratings, comments and/or reviews on the Platform (together, "Reviews")) is considered non-confidential (hereinafter the "User Content").

10.2. By posting, uploading or transmitting any User Content, you, the Customer, represent and warrant that you own or otherwise control all of the rights in and to the User Content and that you are solely responsible for such content. You agree that Pyszne.pl and anyone Pyszne.pl designates will be free to copy, disclose, distribute, incorporate and otherwise use any User Content and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

10.3. The Customer is prohibited from posting, uploading, or transmitting to or from the Platform, any User Content (including Reviews) that:

(a) is in violation of any applicable local, national or international law;

(b) is unlawful or deceptive;

(c) amounts to unauthorised advertising;

(d) contains viruses or any other harmful programs; or

(e) is in breach of Pyszne.pl’s policies, including but not limited to the Review moderation policy available in the Help Centre, here.

10.4. The Customer is responsible for ensuring that their User Content complies with Pyszne.pl’s policies and these General Terms and Conditions. Pyszne.pl uses a combination of human review and algorithmic decision making to check the compliance of User Content with those terms and Pyszne.pl reserves the right to moderate (which may include removing) any content that Pyszne.pl deems to be in violation of its policies, these General Terms and Conditions or applicable law. The list of prohibitions in Article 10.3 above is not exhaustive and Pyszne.pl may moderate User Content which is otherwise objectionable or may expose Pyszne.pl or any other third party to prejudice or liability of any kind or for any other reason.

10.5. Reporting and Take Down: You, the Customer, are encouraged to report any content that you believe violates Pyszne.pl’s policies or these General Terms and Conditions. Pyszne.pl will review all reported content and take appropriate action, which may include removing the content or suspending the user who posted, transmitted or uploaded the content.

10.6. More information on Pyszne.pl’s policies and measures around content moderation is available in the Help Centre, here. This article also explains how to report content on the Platform or appeal a moderation decision (which can include Pyszne.pl’s decision not to take action), how Pyszne.pl manages these requests and handles user’s misuse of related processes.

10.7. Use of User Content: User Content contained on the Platform are for informational purposes only and do not constitute a recommendation by Pyszne.pl. Reviews and other User Content reflect the views of customers who have ordered through the Platform or other third parties and any statements, advice or opinions provided by such parties are theirs alone. Accordingly, to the maximum extent permitted by law, Pyszne.pl assumes no responsibility or liability to any person in connection with any Reviews or other User Content, including, without limitation, in relation to errors, defamation, obscenity, omissions or falsehoods that may be found in such contents.

10.8. Cooperation with Law Enforcement: Pyszne.pl will cooperate with law enforcement officials in their investigations of illegal content. This may include providing information about Customers or other users who have posted, uploaded or otherwise transmitted illegal content or content in violation of Pyszne.pl’s General Terms and Conditions.

10.9. Your liability for User Content: Pyszne.pl is not responsible for the content that is uploaded by users (including Customers). Pyszne.pl does not endorse or approve any user-generated content. You, the Customer, agree to indemnify Pyszne.pl for any loss, damage or claim (and all related costs) incurred by Pyszne.pl or asserted against it by a Business or other party third party and which arise out of, or in connection with, any User Content provided by you in violation of any representations, warranties, undertakings or restrictions set forth in this Article 10.

11. Recommender systems

11.1. On the Platform, Pyszne.pl uses recommendation systems to display information that helps Customers to discover relevant partners and offers. Further information on the recommendation systems that Pyszne.pl uses, and how these systems operate can be found in the Help Centre, here.

12. Complaint handling

12.1. Consumer complaints regarding Offer, Order or performance of the Agreement should be submitted directly to the Business using its contact details listed on the Platform. In the event of a complaint referred to in the previous sentence, Pyszne.pl may only play the role of a mediator.

12.2. In the event of a Consumer complaint relating to the Services, the complaint shall be forwarded to Pyszne.pl’s Customer Service Department via:

  • the contact form available at pyszne.pl/obsluga-klienta ,
  • email info@pyszne.pl or
  • Postal mail to: Powstańców Śląskich 9, 53-332 Wrocław,

12.3. Upon receipt by Pyszne.pl of a complaint referred to in section 2, it will be promptly investigated, but no later than two weeks from the date of receipt. Pyszne.pl will confirm receipt of the complaint submitted by the Consumer to the e-mail address provided by the Consumer at the time of submission.

13. Governing law and jurisdiction

13.1. To perform the Services provided by Pyszne.pl to Consumers, generally applicable Polish law, in particular the provisions of the Civil Code and the Act of 30 May 2014 on Consumer rights (Journal of Laws of 2014, item 827).

13.2. Any dispute between Pyszne.pl and Consumer relating to Pyszne.pl’s performance of the Services shall be resolved by the Court having jurisdiction under the laws of Poland.

14. Amicable dispute resolution

The European Commission operates an online dispute resolution platform. This platform is available at: http://ec.europa.eu/odr . Pyszne.pl reserves that the use of other alternative dispute resolution mechanisms requires Pyszne.pl’s approval.

15. Newsletter

By placing an Order, the Consumer may opt-in to receive information in the form of a newsletter about Businesses, special offers and discount coupons. You may withdraw your consent at any time at: pyszne.pl/newsletter, upon prior login to your Account or by contacting Customer Service at info@pyszne.pl.

16. Reviewing and correcting stored personal data

Pyszne.pl processes and stores your personal data. The storage and processing of personal data, including the possibility of its correction/change/removal, is set out in detail in the Privacy Policy.

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