Terms of service

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TERMS & CONDITIONS OF restauracja-tamgdziezawsze.pl ONLINE SHOP

I Definitions

  1. Terms & Conditions stands for this document, which describes the principles of providing electronic services by the Vendor.
  2. Vendor stands for RESTAURACJA '' TAM GDZIE ZAWSZE'' MAREK POLASIK, CHMIELNA 72/1, 80-748 GDAŃSK, PL, NIP: 5842632602
  3. Customer stands for a natural person (also a consumer) aged 18 or more and possessing a full legal capacity, or a legal person or entity with legal capacity. The procurer can be a natural person between 13 and 18 years of age, to the extent in which she or he can acquire rights and assume obligations in accordance with the common law, i.e. in minor current everyday matters.
  4. Website stands for the software used by the Vendor, available under the internet domain restauracja-tamgdziezawsze.pl, through which the Customer can order food offered by the Vendor.
  5. Order for the purpose of this document, stands for a legal transaction made using the website placed on the restauracja-tamgdziezawsze.pl domain, during which the Customer expresses the will to have the ordered food delivered in accordance with its description and price.
  6. Payment stands for an action of payment of the price of the Order, in a way described in Terms & Conditions.
  7. Administrator of Personal Data stands for the company Restaumatic Sp. z o.o., 41-800 Zabrze, ul. Wolności 345, NIP: 648-276-55-71, which at the same time is the provider of the Website.
  8. Personal Data Processing Responsible for the purpose of Terms & Conditions stands for the Vendor.

II General provisions

  1. In terms of the services provided electronically, this document is the Terms & Conditions mentioned in Article 11 of the Act on Rendering Electronic Services from the 18th of July 2002 (Dziennik Ustaw [Journal of Laws] No. 144, item 1204, as amended). Terms & Conditions are aimed at all Customers purchasing through the Website. The Customer and the Vendor agree to comply with all the provisions of the Terms & Conditions.
  2. All the information contained on the website under the restauracja-tamgdziezawsze.pl address, concerning goods and services together with their prices, do not constitute a commercial offer within the understanding of Article 66 of The Civil Code, but an invitation to conclude an agreement referred to in Article 71 of The Civil Code.
  3. It is prohibited for the Customer to use the Website in a manner contrary to law, morality or in a way which prejudices the legitimate interests of the Vendor. In particular, the Customer will not undertake any activities that might expose the Vendor for loss in the terms of finances or image.
  4. The registration is not a preliminary condition for using the Website by the Customers. The agreement can also be concluded by unregistered Customers.
  5. Customer declares that the information provided by her or him - in particular the address and the e-mail address - are consistent, correct and complete. In the case of providing false data or data not belonging to the Customer, the Vendor may immediately delete the account of the Customer and inform the appropriate authorities.
  6. The Customer in no case has the right to donate her or his access data to third parties, especially not the password. If a third party obtains access to the account of the Customer or the Customer suspects other abuse of the account, she or he must immediately notify the Vendor.
  7. If the transactions are carried out using the access data of the Customer, the Customer has to pay for its costs if she or he did not notify the Vendor at the time of the loss of their access data or other abuse.

III Receiving or execution of orders

  1. The condition to using the Website is being acquainted with these Terms & Conditions, and their acceptance.
  2. The Customer by placing an order agrees to provide her or his true and complete data required by the Electronic System and acknowledges that she or he is placing the Order with the obligation to pay for it.
  3. The Vendor reserves the right to confirm the placement of the Order or the correctness of data via phone or e-mail. If the Customer cannot be reached, the data is incomplete, there is suspicion that it is not true, that it belongs to a third party or that the used promotion should not be given to the Customer, the Vendor has the right to cancel upon issuing an explanation.
  4. If the Customer placed an Order with the use of promotions, discounts and other preferences, to which he had no right, she or he agrees to pay the full price. The Vendor has the right to verify the powers of the Customer to purchase goods and services on preferential terms during the fulfilling of the order.

IV Further information concerning the orders placed via the Internet

  1. The agreement between the Customer and the Vendor is deemed concluded only when the Vendor confirms with the Customer that the Order has been forwarded for execution, enclosing the time of delivery or the receiving of the Order.
  2. The Vendor has the right to cancel the Order in the following cases:
  3. described in section III of Terms & Conditions.
  4. failures or technical or organizational constraints preventing the Vendor to fulfill the Order.
  5. the lack of adequate resources or products to execute the Order, which the Vendor could not foresee in spite of due diligence.
  6. the Vendor agrees to immediately place information about any restrictions or lack of ability to implement procurement on the restauracja-tamgdziezawsze.pl website.
  7. the Vendor confirms the placement of the Order by showing an appropriate notification to the Customer on the screen of a device used for ordering by the Customer. Moreover, the Customer receives an appropriate text and e-mail message. Implementing any of the aforementioned actions by the Vendor is equivalent to the Vendor's successful transfer of the confirmation of forwarding the Order for execution.
  8. the specified duration of the execution of the Order should be treated as approximate. Exceeding it by up to 80% is not considered as a defect in the Order and does not constitute grounds for complaint.

V Payment methods

  1. The Customer chooses one of the available methods of payment upon placing the Order.
  2. If payment is made via the Internet (with a card or a quick transfer), the Vendor will confirm forwarding the Order for execution with the Customer only when the Vendor will receive the financial means or when its obtainment becomes guaranteed. The document confirming that the means have been reduced from the account of the Customer is not sufficient.
  3. If the Vendor cancels the Order (made with a card or a quick transfer), the Vendor agrees to return the received means to the Customer in a period no longer than 14 days.
  4. At the request of the Customer, the Vendor shall issue a VAT invoice within the period prescribed by law.
  5. In case of any questions or doubts, the Customer should contact the Vendor via phone or e-mail, which are available on the restauracja-tamgdziezawsze.pl website.

VI The right of withdrawal by the Customer

  1. The Customer can withdraw from the agreement without providing a reason before the fulfillment of the Order by the Vendor. However, this authorization can be used until the moment when the Vendor begins to execute the Order.
  2. In order to use the right of withdrawal, the Customer covenants to inform the Vendor by means of an unambiguous statement contacting the Vendor via phone no longer than 5 minutes after the Vendor confirms forwarding the Order to execution. After this time the Order cannot be cancelled or changed, unless the Vendor consents.
  3. If the Customer has paid via the Internet, funds will be returned within 14 days.

VII Complaints

  1. In the case of irregularities in the supplied Order, the Customer shall inform the Vendor without delay of this fact via telephone or e-mail.
  2. The Customer's complaint will be dealt with within 14 days after receiving information about it. The Customer will be notified of the processing of the complaint by electronic means.

VIII Protection of personal data

  1. By placing the Order, the Customer agrees to the processing of her or his given personal data for the implementation and operation of the Order by the Vendor, who is also the Personal Data Processing Responsible within the meaning of the Personal Data Protection Act from the 29th of August 1997.
  2. Administrator of Personal Data stands for the company Restaumatic Sp. z o.o., 41-800 Zabrze, ul. Wolności 345, NIP: 648-276-55-71, which at the same time is the provider of the Website.
  3. Personal Data Processing Responsible processes the given data on the basis and within the agreement with the Administrator of Personal Data.
  4. The Customer, according to the Personal Data Protection Act, has the right to view, edit and delete his or her personal data. The Administrator of Personal Data grants anyone the right to control the processing of data in accordance with Article 32 of the Personal Data Protection Act.
  5. Administrator of Personal Data or the Personal Data Processing Responsible can send commercial information to the Customer only if she or he agreed to it in the Order form placed via the Internet.
  6. Providing personal data is voluntary. However, the lack of consent to the processing of personal data disallows the execution of the Customer's Order.

XI Final provisions

  1. For the correct execution of services, it is necessary for the Customer to have access to the Internet and a working e-mail address.
  2. In matters not regulated herein, the regulations of the common law apply.
  3. The Vendor reserves the right to change these Terms & Conditions. Amendments to the Terms & Conditions enter into force within 2 days from the date of publication. Lack of acceptance of new wording of the Terms & Conditions is equivalent to the disallowing from using the Website.
  4. Terms & Conditions do not turn off and do not limit any rights the Customer who is a consumer, entitled to them under the mandatory provisions of the law. In case of conflict between the provisions of the Terms & Conditions and the mandatory provisions of the law, granting consumer rights, priority is given to those provisions.


As of 2021-11-21

License notes