- The owner and operator of the Restaurant Website using the website https://www.sakura.rest.pl/ (hereinafter referred to as the “Website”) is the company Valido Rest Sp. z o.o. with its registered office in Kraków, address: ul. Wielopole 3, 31-072 Kraków, entered into the Register of Entrepreneurs kept by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the number KRS 0000447530, NIP: 6762461599, REGON: 122764119.
- These Regulations are addressed to all users and sets out the rules for registering and using an individual Account, as well as the rules for concluding an Agreement between the Customer and the Restaurant, the subject of which is the preparation and delivery of meals.
- The Customer has the option of contacting the Restaurant at the following e-mail address: xxx.pl or by phone, 7 days a week, between 16:00 and 22:00 at the number: xxx.
- The administrator of the clients’ personal data is the Valido Rest Sp. z o.o. with its registered office in Kraków, address: ul. Wielopole 3, 31-072 Kraków, entered into the Register of Entrepreneurs kept by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the number KRS 0000447530, NIP: 6762461599, REGON: 122764119.
§ 1 Definitions
Customer – an entity that is a user of the Restaurant’s website, for which services may be provided via the Restaurant’s website in accordance with the Regulations and legal regulations.
Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws of 2014, item 121 as amended).
Konsument – oznacza osobę fizyczną dokonującą z przedsiębiorcą czynności prawnej niezwiązanej bezpośrednio z jej działalnością gospodarczą lub zawodową.
Individual account – a panel assigned individually to the Customer after registration of data in the Restaurant system, marked with an e-mail address and password provided by the Customer in the Restaurant’s ICT system, allowing the Customer to use additional functionalities of the Restaurant website.
Entrepreneur – means a natural person, a legal person or an organizational unit which is not a legal person, to whom the law confers legal capacity, conducting business or professional activity on its own behalf and carrying out legal acts directly related to its business or professional activity.
Regulations – means these regulations.
Restaurant or Seller – Valido Rest Sp. z o.o. with its registered office in Kraków, address: ul. Wielopole 3, 31-072 Kraków, entered into the Register of Entrepreneurs kept by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the number KRS 0000447530, NIP: 6762461599, REGON: 122764119.
Restaurant website – it ought to be understood as the website available at www.sakura.rest.pl/.
Product – means meals and drinks presented each time by the Restaurant as part of the offer available on the website www.sakura.rest.pl/, for sale.
Contact details – the following data, with the help of which the Customer can contact the Restaurant: e-mail address: xxx.pl or by phone, 7 days a week, between 16:00 and 22:00 at the following telephone number: xxx.
Order – User’s declaration of will which is an offer to conclude an Agreement with a Restaurant. After the Restaurant accepts the Order, the Agreement with the Restaurant is concluded.
Agreement with a Restaurant – an agreement between the Customer and the Restaurant, the subject of which is the preparation and delivery of meals and / or drinks. The terms of the contract are specified in particular in these Regulations. The contract is concluded using means of distance communication, after the Order has been accepted by the Restaurant on the principles set out in these Regulations.
§ 2 General provisions and rules of using the Website
- Access to the Regulations can be obtained by any Customer at any time via the “Regulations” link on the Restaurant’s website.
- Information about meals and drinks posted on the restaurant’s website, such as photos, descriptions, prices constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code, in accordance with the terms of the Regulations.
- Photos and descriptions of the products offered are used to present specifically indicated meals and drinks on them.
- The minimum technical requirements, the fulfillment of which is necessary for cooperation with the ICT system used by the Restaurant, including the conclusion of the Agreement with the Restaurant and the provision of other electronic services, are: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail and a valid email address; (3) web browser: Mozilla Firefox version min. 17.0 or Internet Explorer version min. 10.0, Opera version min. 12.0, Google Chrome version min. 23.0., Safari version min. 5.0; (4) the recommended minimum screen resolution is 1024×768.
- It is not allowed:
- using the Restaurant Website to conduct activities that would violate the interest of the restaurant owner, in a manner contrary to the law, decency or violating the personal rights of third parties,
- providing unlawful content on the Restaurant Website,
- using the Restaurant Website in a way that interferes with its operation or undertaking IT activities or any other activities aimed at obtaining possession of information not intended for the Customer, including data of other Customers;
- placing unsolicited commercial information on the Restaurant Website, and
- using the content placed on the Restaurant Website for other purposes than personal use.
§ 3 Rules for placing an Order and concluding a Contract with a Restaurant
- The Seller enables concluding Agreements with the Restaurant via the Internet and provides other services provided for in these Regulations.
- In order to register an Individual Account and to conclude a Contract with a Restaurant via the Restaurant’s website, it is necessary for the Customer to have an active e-mail account.
- Creating an Individual Account is not necessary to place an Order on the Restaurant’s website.
- The Customer may place Orders via the Restaurant’s website 7 days a week, from 16.00 to 22:00.
- In order to place an order, a meal should be selected from the offer available on the Restaurant’s website, in particular in terms of their type and quantity. Each selected meal or drink should be added to the “Basket” using the “Add to Cart” option. After completing the entire order, go to the “Cart” and continue the ordering procedure. When completing the order, the Customer completes his personal data and delivery address in the appropriate fields or completes the order by logging into the Individual Account. The customer in the next steps has the option of choosing the payment method and is informed about the total price for the selected Good and its delivery, as well as about all additional costs that he is required to pay in connection with the order.
- Next, the Customer places the order by selecting the “Buy and pay” option.
- Placing an Order is not dependent on achieving the minimum value of the Order.
- The information provided by the Customer when placing the order should be truthful, current and accurate. The restaurant reserves the right to refuse an order if the data provided are inaccurate enough to prevent the order from being fulfilled, in particular preventing the correct delivery of the Order. Before refusing to complete the Order, the Seller will attempt to contact the Customer to determine the necessary data.
- Until the meal selection is confirmed with the “Buy and pay” button, the Customer has the option of making changes to the order as well as contact details for delivery or invoice. Until the payment is made, the Customer may cease placing the order by not proceeding with the next steps. In this situation, the Customer’s order will not be processed.
- The Customer’s order is the Customer’s offer submitted to the Restaurant to conclude a contract within the meaning of the Civil Code.
- Within a few minutes of placing an order, the Restaurant shall send to the e-mail address provided by the Customer confirmation of placing the order together with information about the estimated time of the Order.
- The provided delivery time should be treated as planned and exceeding it by 25% is not considered a failure to fulfill the order and does not constitute a basis for a complaint.
- The conclusion of the Agreement between the Restaurant and the Customer occurs when the Customer receives information about the acceptance of the order referred to in paragraph 11. This information confirms the terms of the Agreement with the Restaurant concluded on the basis of the Regulations.
- The Restaurant reserves the right to cancel Orders in the event of:
a. technical or organizational failures or restrictions that prevent or significantly impede the performance of the contract
b. the lack of appropriate means or products to perform the order, which the Restaurant could not foresee despite due diligence.
- In the event of circumstances referred to in para. 12 a. And b., The restaurant will contact the customer by phone to inform him of the inability to complete the order. The restaurant will contact the customer via the phone number provided when placing the Order.
- If the Order cannot be completed in part, the Restaurant may contact the Customer in order to obtain his consent to cancel part of the Order or modify the Order. If the Customer does not agree to modify or cancel part of the Order, the offer to conclude the contract submitted by the Customer shall be deemed rejected and the Agreement with the Restaurant will not be concluded.
- The restaurant reserves the right to cancel the Order also in the event of an ICT system error. The customer will be notified of the cancellation of the Order by phone. The restaurant will contact the customer via the phone number provided when placing the Order.
- If the Restaurant rejects, cancels or confirms the Order within 10 minutes, the Agreement with the Restaurant is not concluded and the offer submitted to the Restaurant by the Customer ceases to be binding. If an electronic payment is made, the Customer will receive a refund of this payment on the terms set out in the Regulations.
§ 4 Creating an Individual Account
- In order to create an Individual Account, the Customer is obliged to register his data free of charge in the Restaurant database. Data registration is carried out by entering the e-mail address in the “Register” field on the Website or by checking the “Create an account?” Box when completing the order form.
- After providing the e-mail address in the appropriate field on the Website or after selecting the appropriate box when completing the order form, the Customer shall immediately receive, by e-mail to the e-mail address provided, confirmation of the registration of the Individual Account on the Restaurant’s website. At this time, the contract for the electronic provision of the Individual Account service is concluded, and the Customer gains the option of accessing the Individual Account and making changes to his data provided at the time of registration.
§ 5 Delivery
- Meals are delivered by a restaurant employee to the address indicated in the order by the customer in Krakow, 7 days a week, from 16.00 to 22.00.
- The customer should be present at the delivery address indicated when submitting the Order in order to collect it.
§ 6 Prices and Payments
- The prices on the website given in Polish zlotys are gross prices, including VAT.
- The price of the goods should be added the cost of delivery, the amount of which depends on the chosen form of delivery and payment.
- The purchase price of the goods given on the Restaurant’s website is final and is binding from the moment the Customer receives the electronic message confirming acceptance of the Customer’s order of selected meals, indicated in § 3 para. 10. This price will not change, regardless of price changes introduced to the Restaurant website or promotional campaigns launched.
- The customer pays the price for the ordered meals together with the delivery costs, according to their choice:
- by bank transfer or payment card via electronic payment carried out in the payment system:
- the Tpay system, operated by Krajowy Integrator Płatności S.A. with its registered office in ul. Św. Marcin 73/6 61-808 Poznań, NIP: 7773061579, REGON: 300878437, KRS:0000412357, before delivery;
- cash to a restaurant employee at the place of delivery.
- by bank transfer or payment card via electronic payment carried out in the payment system:
- If the Customer chooses the payment method specified in para. 4b. Of this paragraph, the Restaurant shall start processing the order after receiving the confirmation of payment from the PayU or Tpay system, but not earlier than after sending to the Customer an electronic message confirming the acceptance of the order of selected meals submitted by the Customer, indicated in § 3 para. 10.
- The Restaurant reserves the right to change the prices of meals included in the offer available on the Restaurant’s website, introduce new meals to the offer available on the Restaurant’s website, carry out and cancel promotional campaigns on the Restaurant’s website, or amend them in accordance with the Civil Code and other acts, however, such changes do not infringe the rights of persons who concluded the Agreement with the Restaurant before making the above mentioned changes or rights of persons authorized to use the promotion in accordance with its rules and during its duration.
§ 7 Complaints
- If the subject of the order has a physical or legal defect, the Restaurant shall be liable to the Customer pursuant to art. 556 et seq. Of the Civil Code (warranty).
- Complaints may be submitted by phone: xxx or by sending an e-mail to the following address: xxx.pl. The title of the email should include the word “Complaint”.
- The complaint should contain customer identification data, telephone, e-mail address, date of placing the order, date of the order, indicated address of the order and a detailed description of the reservations.
- If the data or information provided in the complaint is incomplete or for the purpose of full explanation, the Restaurant will request their supplementation before considering the complaint. Complaint processing time is extended until the data submitting by the Customer submitting the complaint.
- The customer will receive information on how to handle the complaint within 14 days from the date of the request by the customer.
- Information on how to resolve the complaint will be forwarded to the Customer to the e-mail address used to file the complaint or to the e-mail address provided during the telephone conversation during which the complaint was submitted.
- The Seller does not undertake under these Regulations to use the out-of-court settlement of disputes referred to in the Act of 23 September 2016 on the out-of-court resolution of consumer disputes.
§ 8 Right to withdraw from the Agreement with the Restaurant
- Due to the perishable nature of the products offered by the Restaurant, the Customer is not entitled to withdraw from the Agreement with the Restaurant, among others with regard to fresh food products, in particular meals prepared by the Restaurant (Article 38 point 4 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).
- The restaurant is entitled to withdraw from the Agreement in the event of:
- force majeure preventing the performance of the Agreement,
- outdated offer placed on the Restaurant’s website, in a situation where the Customer has not agreed to an alternative to the Order placed by the Restaurant,
- the Customer submitting an incorrect or unreachable phone number or delivery address.
- In the event of withdrawal from the Agreement by the Restaurant, it shall be treated as not concluded. The restaurant will refund the payment made by the customer using the same payment method that the customer used.
- The restaurant is entitled to immediately reject orders placed by customers if there is a reasonable doubt as to their correctness or authenticity. If the Restaurant rejects an Order already paid for, the Restaurant will refund the amount paid to the account from which the payment was made. In the case of a justified suspicion of committing a crime, the Restaurant is obliged to notify the relevant law enforcement authorities about this fact.
§ 9 Other services provided electronically
- The Restaurant, in addition to enabling the conclusion via the Website, of Agreements with the Restaurant regarding the preparation and delivery of meals, in accordance with these Regulations, also provides, free of charge, the Individual Account Service electronically.
- The Individual Account service is available after registering data in the Restaurant’s system on the terms described in paragraph 4 of the Regulations and consists in providing the Customer with an individual panel in the Restaurant’s ICT system, allowing the Customer to use additional functionalities of the Restaurant’s website, such as modifying Customer data, maintaining sessions The Customer after logging in to the Individual Account, storing and sharing the order history with the Customer, tracking the status of orders.
§ 10 Protection of personal data
- The Customer’s personal data is processed by the Restaurant as a personal data administrator.
- The Seller applies appropriate technical and organizational measures to ensure the protection of personal data.
§ 11 Final provisions
- The Regulations have been in force since 25/03/2019.
- Agreements concluded by the Restaurant are concluded in Polish.
- The restaurant is liable for non-performance or improper performance of the contract. In the case of contracts concluded with Customers who are Entrepreneurs, the Restaurant shall be liable only in the event of intentional damage and within the limits of actual losses suffered by the Customer who is an Entrepreneur.
- The Parties shall endeavor to amicably resolve any disputes arising under the contract concluded on the basis of these Regulations.
- The Customer who is a Consumer is entitled to use the following out-of-court methods of pursuing claims and considering complaints:
- the possibility of submitting a request for conducting proceedings on the out-of-court resolution of consumer disputes pursuant to the Act of 23 September 2016 on the out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823), i.e. to the Provincial Inspector of Trade Inspection in Katowice;
- requesting that the case be heard by the Permanent Consumer Arbitration Court operating at the appropriate Provincial Inspectorate of Trade Inspection, and
- ask the Municipal Consumer Ombudsman for help in the protection of consumers’ interests and rights. Free organizations to provide consumers with protection of their rights and interests are also provided by social organizations, such as the Association of Polish Consumers;
- the dispute resolution can also be served by the ODR internet platform, which is available at: http://ec.europa.eu/consumers/odr/.
- Lack of acceptance of the Regulations prevents the purchase of Goods offered by the Restaurant. The restaurant will allow the customer to read the Regulations when placing an order. All orders accepted by the Restaurant for implementation before the date of entry into force of the new Regulations are implemented on the basis of the Regulations, which were in force on the day the order was placed by the Customer. Customers with an individual account will be notified of changes to the Regulations via e-mail correspondence. The customer who does not accept the changes introduced in the Regulations has the right to withdraw from the contract for the provision of electronic services.
- The law applicable to the settlement of any disputes arising under these Regulations is Polish law. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code and other relevant provisions of generally applicable law.