General Terms and Conditions for Consumers
The present 'General Terms and Conditions for Consumers' are applicable to the relations between Sto2 spółka z ograniczoną odpowiedzialnością with offices in Wrocław at ul. Rybacka 9, 53-656 Wrocław, registered by the District Court for Wrocław – Fabryczna in Wrocław, 6th Commercial Division of the National Court Register at No.: 0000344195, NIP [Tax Id. No.]: 6152007726, REGON [Statistical Id. No.]: 021024978 [hereinafter referred to as: “the Company”], which has been granted the rights to the Platform, and the Consumers. Restaurants are referred to the 'General Terms and Conditions for Restaurants'.
In case of any discrepancy or between the English and Polish language version of the General Terms and Conditions for Consumers, the Polish version shall prevail.
Offer : the range of products and services offered by each individual Restaurant that can be ordered by the Consumer through the Company (the Platform).
Order : a declaration of will made by the Consumer to the Restaurant through the Company, precisely through the Platform, with respect to the Offer selected by the Consumer, resulting in the conclusion of the Agreement.
Consumer : a natural person concluding a legal transaction with a business operator, not directly connected to its business operation or profession, placing an Order with the Restaurant through the Company, precisely through the Platform.
Agreement : a legal relationship between the Consumer and the Restaurant on the basis of the Order placed, regarding the performance and delivery or personal collection of the Order.
Platform : the websites, apps, tools and other equipment of Pyszne.pl and its affiliated companies and business partners on which the Service is made available.
Restaurant : a company operating a catering business, in particular preparing meals, beverages and related articles, using the services rendered by the Company after its registration application has been accepted, for the conclusion and payment of the Agreements.
Restaurant information : the information about the Restaurant, including, among other things, the Restaurant owner’s details and contact information, general information, product range (meals, side dishes, options and beverages), prices for each individual product (including VAT), company logo, graphics, delivery area (including postal codes), delivery costs and minimum order amounts.
Service : the activities that are offered to the Consumer by the Company through the Platform, including, but not limited to: publication of the Offer, facilitation/intermediation in the conclusion of Agreements and transmission of Orders to the relevant Restaurant, enabling rating, adding comments and reviews about the Restaurants and their displaying, enabling, subject to the following provisions, online payments in favour of the Restaurant for the Agreements performed [payment processing].
Online Payment Systems : PayU and Payment card (payment provider – PayU Spółka Akcyjna with offices in Poznań, ul. Grunwaldzka 182, 60-166 Poznań, registered by the District Court for Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division at KRS [National Court Register] No.: 0000274399), PayPal (payment provider – PayPal Polska Spółka z ograniczona odpowiedzialnością with offices 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 at KRS [National Court Register] No.: 0000289372), Electronic transfer (payment provider – SOFORT GmbH with offices at 82131 Gauting, Fußbergstraße 1, Germany, registered by the District Court in Munich: HRB 218675, VAT UE: DE248376956).
2. Company’s Details
Contact details of the Company operating as ‘Pyszne.pl’:
Sto2 spółką z ograniczoną odpowiedzialnością:
ul. Rybacka 9
NIP [Tax Id. No.]: 615-200-77-26
3. Applicability and General Provisions
- The present General Terms and Conditions for Consumers [hereinafter referred to as “GTCC”] are only applicable to the Service provided by the Company, for which it shall be fully liable. The Company informs that the use of the Platform by the Consumers is a service provided by electronic means within the meaning of the Act of 18th July 2002 on Provision of Services by Electronic Means (Journal of Laws of 2002, No. 144, Item 1204, as amended) [hereinafter referred to as “the Act”], which shall be provided under these GTCC, serving also as the Rules and Regulations within the meaning of Art. 8 of the Act. These GTCC define, in particular, the rules of the provision of the Service offered on the Platform, the scope and the rules of the use thereof. The Company shall not accept, however, any responsibility for the proper performance of the Agreement, as it is not a party thereto.
- The Service falling within the scope of these GTCC is provided by the Company to the Consumers free of charge.
- The Company shall make these GTCC available to the Consumers free of charge through the Platform in a ICT system, in a manner that allows their downloading, reading, recording and printing.
4. The Rules of the Provision of the Service by Electronic Means
- The Service shall be provided by the Company upon the commencement of the use of the Platform by the Consumer, and thus – upon the acceptance of these GTCC. The provision of the Service by the Company to the Consumer shall not be limited in time.
- The Consumers may register with the Platform; provided, however, that such registration shall not be a prerequisite for the use of the Service offered by the Company; in particular, for the intermediation in the conclusion of Agreements.
- The Consumer may unsubscribe from the Service provided at any time.
- The Company shall not be held liable for the inability to provide the Service to the Consumer due to a force majeure event.
- The use of the Service by the Consumers, subject to Sec. 5, shall be only possible via a PC, Mac or other computer with an Internet connection, equipped with an Internet browser.
- The Consumers’ use of the Service provided by the Company shall be also possible via mobile devices, such as: smartphone, tablet, mobile palmtop. The prerequisite for use, however, shall be the access of one of the devices specified in the previous sentence to the Internet and it being equipped with an Internet browser.
- As part of the use of the Service, the Consumer shall be forbidden to provide illegal content, in particular:
- data and information prepared in a manner presenting a risk for the security of the ICT system or for the Platform stability;
- information violating any interests of the Company or of third parties;
- other data and information violating the generally applicable provisions of law, including, but not limited to pornographic, racist, nationalist, fascist and violence-promoting content.
- When using the Platform, the Consumers shall be obliged to follow the generally applicable provisions of law and the rules of social conduct.
- The use of the Service by the Consumers in a manner contradictory to the generally applicable provisions of law and good practices or violating reasonable interests of the Company shall be forbidden. In particular, the Consumer shall refrain from any activities which may expose the Company to the risk of any financial injury.
- Downloading the content of databases available on the Platform by the Consumers and the secondary use thereof, in whole or in a significant part, with respect to the quality or quantity, shall be forbidden.
- The Company stipulates that all information and materials available on the Platform are protected by copyright. The Consumer may only use them as part of permitted personal use. Copying, multiplying, distributing on the Internet and other forms of use of the materials and information provided on the Platform beyond the scope permitted by law shall be forbidden.
- The Company publishes the Offer on behalf of the Restaurant on the Platform, in accordance with the Restaurant Information supplied by the Restaurant. To the extent permitted by the Polish law, the Company shall not accept any liability for the contents of the Offer and the Restaurant Information made available on the Platform in line with the Restaurant’s directions.
- Takeaway presents all Restaurant Information in such a way that it is clear to the Consumer what his rights and obligations are after having accepted the Offer.
- To the extent permitted by the Polish law, the Company excludes its liability for the Platform accessibility in a given place and time.
- he Agreement is effective as from the moment the Consumer places the Order by clicking the 'Buy now' button.. The Consumer shall promptly receive confirmation to the e-mail address stated during the process of placing an Order.
- The Agreement can only be properly performed by the Restaurant if the Consumer provides correct and complete contact information when placing the Order. The Consumer is obliged to immediately report any inaccuracies in the data, especially as regards the payment, that was supplied or mentioned to the Company or the Restaurant.
- With respect to information on the status of the Agreement, the Consumer may contact the Restaurant, using contact details stated on the Platform and in the Order confirmation referred to in Item 1. After placing the Order by the Consumer, the latter shall be at the telephone number or e-mail address stated when placing the Order, both for the Restaurant and the Company,
- If the Consumer opts for the performance of the Agreement by the delivery of the products ordered, it shall be present at the delivery address stated when placing the Order to accept the delivery.
- If the Consumer decides to perform the Agreement by collecting the Order in person, the Consumer shall be present at the selected time at the collection location of the Restaurant. The time referred to in the previous sentence shall be communicated to the Consumer by e-mail (e-mail confirmation of the Order) or on the Platform.
7. Withdrawal from the Agreement
- Considering the perishable nature of the products offered by each individual Restaurant, the Consumer shall not be entitled to withdraw from the Agreement after the start of its actual performance (Art. 38 Item 4 of the Consumers’ Rights Act of 30th May 2014 (Journal of Laws of 2014, Item 827)). Withdrawal from the Agreement before the start of its actual performance is possible without giving any reason by contacting the Restaurant via telephone.
- The Company specifies to the Consumer that the Restaurant is entitled to withdraw from the Agreement:
a) in case of force majeure preventing the performance of the Agreement,
b) if the Offer presented on the Platform is no longer available and the Consumer has not agreed to an alternative to the Order proposed by the Restaurant,
c) or if the Consumer has provided an incorrect or unreachable telephone number or delivery address.
- In the event of withdrawal from the Agreement by any of the parties, it shall be deemed not concluded. The Company shall reimburse the amount paid by the Consumer using the payment method used by the Consumer.
- If the Consumer places a false Order or otherwise fails to perform the Agreement (for example by not paying or by not being present on the delivery or collection location in order to receive the ordered products) the Company shall be entitled to refuse any future Orders from the Consumer concerned.
- The Company is entitled to immediately cancel Orders placed by Consumers if there is reasonable doubt about the correctness or authenticity of the Order. If the Company cancels an Order that has already been paid for, the Company shall transfer that amount into the same account as from where the payment was made. In the event of a justified suspicion of an offence, the Company shall be entitled to report this to the law enforcement authorities.
- At the moment the Agreement is concluded in accordance with the provisions of article .6.1 of the present General Terms and Conditions for Consumers, an obligation to pay the Order price shall arise for the Consumer to fulfil towards the Restaurant. The price stated in the Order shall be the total price to be paid by the Consumer, including the applicable tax and delivery cost. The Consumer may be charged with additional costs only upon its explicit consent. The Consumer may fulfil the payment obligation referred to in the first sentence by using Online Payment Systems offered on the Platform or by payment to the Restaurant at the door or on the collection location. The availability of the payment methods referred to in the previous sentence depends on individual arrangements made between the Company and the given Restaurant and may be limited. The Consumer shall be advised on the payment methods available on the Platform during placing the Order with a given Restaurant and shall select one before placing the Order, i.e. before hitting the “Buy now” button.
- Subject to the provisions of Art. 7 Sec. 3 of these General Terms and Conditions for Consumers, the (partial) reimbursement of an online payment shall only be possible if a part of the Order cannot be delivered and a part of the same Order has been accepted by the Consumer. The reimbursement shall always be realised into the same account as the one from which the payment has been made.
- The reimbursement of an online payment will be realised within 5 work days from the moment when the Company has been informed about a withdrawal from the Agreement. In case of a cancellation of an Order, as in Art. 7 Sec. 5 of these General Terms and Conditions, the reimbursement of an online payment is realised within 5 work days from the cancellation.
- The Restaurant has authorised the Company to accept the Consumer’s online payment on behalf of the Restaurant.
9. The Rules of Posting on the Platform by the Consumers
- The Company shall allow the Consumers to rate the performance of Agreements by the Restaurants, in particular by adding star ratings and/or posting comments.
- In the event of withdrawal from the Agreement, the ratings added by the Consumers shall not be displayed.
- The Company shall be allowed, but not obliged, to disclose the ratings referred to above to all users of the Platform. The ratings shall be disclosed within 7 days. The Company may remove the ratings added.
- The Consumer adds ratings at its own responsibility.
10. Complaints Settlement
- Complaints from the Consumers about the Offer, the Order or the performance of the Agreement are to be filed directly with the Restaurant, using its contact data indicated on the Platform. In case of a complaint referred to in the previous sentence, the Company can only play a mediating role.
- If the Consumer has a complaint about the Service, the complaint is to be communicated to the Company’s Customer Service by means of:
a) the contact form available on https://pyszne.pl/czat,
b) electronic mail to the address: email@example.com, or
c) traditional post to the address: Rybacka 9, 53-656 Wrocław,
- Once the complaint referred to in Item 2 has been received by the Company, it shall be examined as soon as possible, but not later than within two weeks of its receipt. The Company shall confirm the receipt of the complaint submitted by the Consumer to the e-mail address stated by the latter in the submission.
11. Applicable Law and Competent Courts
- To the performance of the Service by the Company for the Consumers the generally applicable provisions of the Polish law shall apply, especially the provisions of the Civil Code and the Consumers’ Rights Act of 30th May 2014 (Journal of Laws of 2014, Item 827).
- Any disputes between the Company and the Consumer relating to the performance of the Service by the Company shall be submitted to the competent Court in accordance with the provisions of the Polish law.
12. Consensual Dispute Resolution
The European Commission manages an online dispute resolution platform. This platform can be found on http://ec.europa.eu/odr. The Company stipulates that using other dispute resolution methods requires the Company’s consent.
When placing an Order, the Consumer may agree to receive, in a form of newsletter, information on restaurants, special offers and discount vouchers . The Consumer can unsubscribe from this newsletter through: https://pyszne.pl/#!settings/user, after logging in to its account, or by contacting the Customer Service at firstname.lastname@example.org
14. Inspection and Correction of Stored Personal Data
The Company shall store personal data relating to the Consumer. The storage and processing of personal data, including the right to correct/amend/remove it, is regulated in detail by the Privacy Statement.