restauracja-tamgdziezawsze.pl WEBSITE TERMS & CONDITIONS
- The parties to the contracts for the provision of electronic services are: Partner Restaurant and the Customer who fulfills the order in the Partner Restaurant of his choice.
- Partner Restaurant - RESTAURACJA '' TAM GDZIE ZAWSZE'' MAREK POLASIK, CHMIELNA 72/1, 80-748 GDAŃSK, PL, Tax ID Number (NIP): 5842632602. Trade Agent in the form of Restaumatic Sp. z o.o., 41-800 Zabrze, Wolności 345, Tax ID Number (NIP): 648-276-55-71 acts on behalf and account the Partner Restaurant and is authorized to receive declarations of will, accept benefits and conclude contracts on behalf of and account of the Partner Restaurant as part of the IT System for handling gastronomic orders appearing under the name Skubacz.pl and/or Restaumatic.com.
- Customer - a natural person (including a Consumer) who is 18 years old and has full legal capacity, or a legal person or organizational unit with legal capacity. The Customer may be a natural person who is 13 years old but under 18 years old to the extent that he can acquire rights and incur obligations in accordance with the provisions of generally applicable law, i.e. in minor everyday matters, who places an order via the website of the Partner Restaurant.
- User - a natural person with at least limited legal capacity, a legal person, or an entity with legal capacity that uses the IT System.
- Agent - Restaumatic Sp. z o.o. with headquarters in Zabrze (41-800) at Wolności 345, Tax ID Number (NIP): 648-276-55-71, entered in the Business Registry maintained by the District Court in Gliwice, X Commercial Division of the National Court Register, under the number 0000416054, who is also the provider of the IT System operating under the name Skubacz.pl and/or Restaumatic.com, acting on behalf of and account of the Partner Restaurant only.
- IT System - software used by the Partner Restaurant through which the Customer may order the products and services offered by the Partner Restaurant under the name Skubacz.pl and/or Restaumatic.com. This notion includes the website, Active Menu tab, QR Waiter service, and Mobile Application, through which the Customer may place orders.
- Order - a legal action carried out via the IT System, during which the Customer expresses their will to purchase the ordered products and services in accordance with their description and price.
- Payment - the act of paying the price for the order in the chosen method specified in the Regulations when placing the order.
- Personal Data Administrator - Partner Restaurant RESTAURACJA '' TAM GDZIE ZAWSZE'' MAREK POLASIK, CHMIELNA 72/1, 80-748 GDAŃSK, PL, Tax ID Number (NIP): 5842632602.
- Personal Data Processor - Restaumatic Sp. z o.o. with headquarters in Zabrze (41-800) at Wolności 345, Tax ID Number (NIP): 648-276-55-71, entered in the Business Registry maintained by the District Court in Gliwice, X Commercial Division of the National Court Register, under the number 0000416054, email: contact@restaumatic.
II General provisions
- In terms of services provided electronically, this document is the Regulations referred to in Art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
- The Regulations are addressed to all Users and Customers using the IT System.
- The Agent, Partner Restaurant, User, and Customer undertake to comply with all provisions of the Regulations.
- All information contained and displayed through the IT System, relating to goods and services, including their prices, do not constitute a commercial offer within the meaning of Art. 66 of the Civil Code, but an invitation to conclude a contract specified in art. 71 of the Civil Code.
- It is forbidden to use the IT System by the User or Customer in a manner that is against the law, morality, or violates the legitimate interests of the Partner Restaurant and the Agent. In particular, the Customer and User will not take any actions that could expose the Partner Restaurant or the Agent to any damage to property or image.
- The User and Customer shall not post illegal content on the website.
- The User becomes a Customer at the time of placing the Order.
- The Customer declares that the data provided by him in the order form, in particular, address and e-mail address, are accurate, correct, and complete. In the event of providing false data or data not belonging to the Customer, the Partner Restaurant may notify the Agent about this fact, who may immediately remove the Customer's order and notify the relevant state authorities.
- If, as a result of the unlawful use of the Customer's data, transactions are carried out using his data, the Partner Restaurant and the Agent are released from liability if the Customer has not notified the Partner Restaurant about the unlawful use of his data immediately after discovering this fact.
- Expressing consent to comply with the Regulations during the process of launching the Service using the IT System is tantamount to full acceptance of the terms of the Regulations without the need to draw up an additional agreement.
III Acceptance and orders execution
- It is required to read and accept the Regulations in order to use the services of the IT System.
- When placing an order, the Customer commits to provide their true and complete data required by the IT System and acknowledges that they place an order with an obligation to pay.
- The Partner Restaurant reserves the right to confirm the order and the correctness of the data by phone or e-mail. In the absence of contact with the Customer, incomplete data, a suspicion that the data is not true, belongs to third parties or the promotion is not due to the Customer, the Partner Restaurant has the right to cancel the order without giving the reason.
- If the Customer placed an order using a promotion, price discount, or other preferences to which he was not entitled, he commits to pay the full price. The Partner Restaurant has the right to verify the Customer's entitlement to purchase goods and services on preferential terms during the execution of the order.
IV Technical requirements
- In order to receive the Service, the User and/or the Customer must be equipped with appropriate end devices (telephone, computer, tablet) with an Internet connection.
- Using the System requires the User and/or the Client to have a device allowing access to the Internet, Chrome, Safari, Edge, Firefox, Opera browsers in the most recent version possible.
- The technical requirements for the proper use of the System and the services provided through it are the possession of a terminal device with access to the public Internet and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, Safari.
V Additional information on online orders
- The contract between the Customer and the Partner Restaurant is considered concluded only when the Partner Restaurant confirms to the Customer that they have accepted the order for execution, stating the time of delivery or collection of the order.
- The Partner Restaurant and the Agent have the right to cancel a confirmed order in the following cases: a) violation of the principles described in point III of the Regulations; b) breakdown or technical or organizational limitations that prevent or severely impede the execution of the order; c) lack of adequate resources or products to execute the order, which the Partner Restaurant could not predict despite exercising due diligence; d) in the event of reasonable doubts that the data provided by the Customer is false, belongs to third parties, the Customer does not have the legal capacity within the meaning of civil law.
- The Partner Restaurant undertakes to immediately, if possible, post publicly available information via the IT System about the existing limitations or impossibility of executing Orders.
- The Partner Restaurant confirms the acceptance of the order for execution by displaying the relevant information to the Customer on the screen of the device on which the Customer placed the order. In addition, the Customer will receive a message by e-mail, in special cases also via text message. The performance of one of the above-mentioned activities by the Partner Restaurant is synonymous with effective delivery of the order confirmation for execution to the Customer.
- The given time of order execution should be treated as planned, and exceeding it by 80% is not considered a failure to fulfill the order and does not constitute grounds for a complaint.
VI Payment methods
- When placing an order, the Customer selects one of the available payment methods: cash, by card through the payment terminal of the Partner Restaurant, or via the Internet (hereinafter: online payments).
- Settlement of the payment by the Customer to the Agent via online payment is synonymous with the fulfillment of the obligation by the Customer.
- If the payment is made online, the Partner Restaurant will accept the order for execution provided the Agent confirms the receipt of funds. The confirmation document that the funds have been credited to the Customer's account is not sufficient. If the Partner Restaurant cancels the order paid via the online payment, the Agent will refund the payment on behalf of the Partner Restaurant.
- The order for the reimbursement of the payment by the Agent will take place no longer than within 72 hours, with the proviso that non-working days may extend this period, from the date of receipt by the Agent of the information about the cancellation of the order and the order to return funds. The date of return is the date on which the Agent submits an order to return the amount due to the Payment Operator.
- If the Customer places an order with a cash payment, the Partner Restaurant is responsible for the refund, and the Agent is not responsible for the refund done by the Partner Restaurant.
- The Agent, as a partner of the Online Payment System Operator, and the Online Payment System Operator reserve the right to refuse to handle payments made by the Customer, in particular, in case of doubts as to the legality of the transaction for which the payment is made or the legality of the payment itself. The payment may be refused by the Agent and/or the Online Payment System Operator for the above reasons.
- The Agent and the Online Payment System Operator are not responsible for delays in the transmission of payments or authorization responses, caused by reasons arising after the Customer submits a payment order, as well as for failure to complete or delay in transferring due funds or data verification, in particular caused by providing incorrect or incomplete data by the Customer which prevent the execution of the payment transaction, as well as for delays resulting from other events beyond the control of the Agent or the Online Payment System Operator.
- The Partner Restaurant will issue relevant documents to the Customer confirming the sale within the period provided for by law.
- In case of questions or doubts, the Customer should contact the Partner Restaurant by phone or e-mail.
VII Customer right to withdraw from the contract
- Before fulfilling the order by the Partner Restaurant, the Customer may withdraw from the arrangement without giving any reason, and this right may be exercised until the Partner Restaurant does not proceed with the order.
- In order to exercise the right to withdraw from the contract, the Customer undertakes to inform the Partner Restaurant about it immediately after placing the order, but no later than until its implementation by the Partner Restaurant and through the unequivocal statement by telephone contact with the Partner Restaurant. After this time, the order cannot be canceled or changed, unless the Partner Restaurant agrees. Informing the Partner Restaurant about the intention to withdraw from the contract by e-mail is not sufficient to effectively withdraw from the contract.
- If the Customer has made the online payment, the funds will be refunded by the Agent immediately from the moment of receiving the refund order from the Partner Restaurant, but no later than within 14 working days.
VIII Intellectual property and licenses
- The layout of the IT System, content, and source code are protected by Polish and international copyright law.
- Downloading content from the IT System and copying it is allowed only for private use, in order to better familiarize with information.
- No part of the IT System, including these Regulations, may be distributed and/or reproduced without the knowledge of the owner.
- Complaints regarding the Order, presented Offer, and Deliveries should be directed directly to the Partner Restaurant to which the complaint relates. The Agent does not consider complaints regarding the services provided by the Restaurant.
- The complaint regarding the services of the Restaurant will be considered by the Restaurant immediately, but no later than within 14 working days from the date of receipt of the notification.
- The complaint regarding the Agent's services will be considered immediately by the Agent, but no later than within 14 working days from the date of receipt of the notification.
- The complaint should contain the Customer's data, telephone number, e-mail address, the date of placing the order, the date of execution of the order, the indicated address of delivery, the customer's login, and a detailed description of the complaint.
- Complaints regarding the services provided by the Agent should be sent via e-mail to the email@example.com address or in writing to the address of Restaumatic.com, ie Restaumatic Sp. z o.o., ul. Wolności 345, 41-800 Zabrze.
- Complaints regarding the services provided by the Restaurant should be sent via e-mail to the address ** firstname.lastname@example.org**.
- If the data or information provided in the complaint is incomplete or needs to be further explained, the Restaurant and/or Agent will request their supplementation before considering the complaint. The time for considering the complaint is extended until the data is completed by the Customer submitting the complaint.
- The Agent considers the complaint within 14 days from the date of its receipt in the correct form. The agent may refuse to consider complaints submitted after 90 days from the disclosure of the reasons for the complaint.
- Decision on the complaint submitted to the Agent is sent only to the postal address or e-mail address indicated in the complaint itself.
X Personal data protection
- Details information on the rules for the processing of personal data is available in the Personal Data Protection/Privacy tab.
XI Risk description
According to Art. 6 point 1 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), the Agent informs on special risks related to the use by Users and Customers of the services provided electronically by the Agent as part of the use of Electronic Services. The information concerns risks that the Agent identifies as potential threats that should be taken into account despite the security systems protecting infrastructure against the unauthorized influence of third parties: 1. the possibility of receiving spam, i.e. unsolicited advertising (commercial) information sent electronically, 2. the possibility of malware (malware software, worms) operating in a network environment distributed through code replication, 3. the possibility of a security breach in order to obtain personal and confidential information in order to steal identity, by sending fake electronic messages resembling genuine messages, 4. the possibility of unauthorized wiretapping consisting in the use of a computer program whose task is to intercept and possible analyze data flowing on the network (spyware), 5. installation of software to use the Services from sources other than those authorized by the Service Provider, which, despite measures taken to minimize the possibility of sharing software versions modified by third parties, may contain malware.
XII Final provisions
- In matters not covered by the Regulations, the provisions of generally applicable law shall apply.
- The Agent reserves the right to amend the Regulations without notifying the Customers. The amendment to the Regulations comes into force within 2 days from the date of publication. Lack of acceptance of the new version of the Regulations is tantamount to the inability to use the Website.
- The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law, granting rights to consumers, these provisions shall prevail.
- As part of the use of the Services, the User and the Customer are not allowed to provide illegal content, including: a) information and data concocted in a way that creates a risk of a breach of IT security or the stability of the System; b) information infringing intellectual property rights, including copyrights and trademark rights to the Agent and the Partner Restaurant or third parties; c) other information and data that violate mandatory provisions of law.
State as of 2022-08-17