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Dokumenty prawne

Regulamin

Regulamin sprzedaży dla restauracji korzystających z platformy socialfood.pl

SALES POLICY FOR RESTAURANT

  1. These Regulations define the general conditions, rules and method of sale conducted by the Restaurant via the website socialfood.pl (from now on, referred to as: "Website").

§ 1 Definitions

  1. Delivery - means the actual act of delivering the Goods specified in the Customer's order by the Restaurant.
  2. Supplier - means the Restaurant, each time indicated and selected by the Customer when placing the order.
  3. Restaurant - each time a catering establishment is run by the Entrepreneur, using the functionality and resources of the Website, which was selected by the Customer in the product card, when placing the order, with which, following the Regulations and legal provisions, the Customer concluded a Sales Agreement.
  4. Customer - means an entity with which the Restaurant has concluded a Sales Agreement following the Regulations and legal provisions.
  5. Consumer - means a natural person who performs a legal transaction with the entrepreneur unrelated to his business or professional activity.
  6. Entrepreneur - means a natural person, legal person or organisational unit that is not a legal person. However, the law grants the legal capacity to conduct business or professional activity on its behalf and perform a legal transaction directly related to its business or professional training.
  7. Entrepreneur with Consumer's rights - means a natural person concluding a Sales Agreement directly related to its business activity, when the content of the Sales Agreement shows that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his business activity, made available based on provisions on the Central Register and Information on Economic Activity.
  8. Regulations - means these regulations.
  9. Website - means socialfood.pl.
  10. Goods - means a product presented via the Website, which may be the subject of a Sales Agreement.
  11. Durable medium - means a material or tool enabling the Customer or the Restaurant to store information personally addressed to him in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used and which allows the stored data to be restored unchanged.
  12. Sales contract - means a sales contract concluded remotely, on the terms set out in the Regulations, between the Customer and the Restaurant.

§ 2 Orders

  1. The information contained on the Website does not constitute an offer of the Restaurant within the meaning of the Civil Code but only an invitation to customers to submit proposals to conclude a Sales Agreement.
  2. The customer may place orders via the website seven days a week, 24 hours a day.
  3. A customer placing an order via the Website completes the order by selecting the Goods he is interested in. Then, the Goods are added to the order by selecting the "ADD TO CART" button under the given Goods presented on the Website. After completing the entire order and indicating the Delivery and payment method in the "CART", the Customer places the order by selecting the "Order with payment obligation" button on the Website. Each time before the shipment of the order, the Customer is informed about the total price for the selected Goods and Delivery and about all additional costs that he is obliged to incur in connection with the Sales Agreement.
  4. A customer placing an order by phone uses the telephone number provided by the Restaurant on the Website. During the telephone conversation, the Customer indicates to the Restaurant the name of the Goods from among the Goods on the Website, the quantity of the Goods that he would like to order and specifies the method and address of the Delivery and the form of payment, and also indicates, at his option, his e-mail address or correspondence address for confirmation by the Restaurant. The content of the proposed contract and order confirmation - if a Sales Agreement is concluded between the Customer and the Restaurant. Each time during a telephone call, the Restaurant informs the Customer about the total price of the selected Goods and the total cost of the chosen method of Delivery and about all additional costs that the Customer would be obliged to incur if the Sales Agreement was concluded.
  5. The restaurant confirms to the Customer the content of the proposed Sales Agreement, recorded - at the Customer's choice - on paper or in the form of an e-mail - the confirmation takes place before the conclusion of the Sales Agreement.
  6. The Customer's declaration on the conclusion of the Sales Agreement, submitted by him after receiving the confirmation from the Restaurant, referred to above in § three paras. 6, is fixed on paper or another durable medium.
  7. After the conclusion of the Sales Agreement via telephone, the Restaurant will send, on a Durable Medium, to the e-mail or correspondence address provided by the Customer information containing the confirmation of the Sales Agreement terms. The warranty includes, in particular: the specification of the Good being the subject of the Sales Agreement, its price, delivery cost and information about any other expenses that the Customer is obliged to incur in connection with the Sales Agreement.
  8. By placing an order, the Customer submits an offer to conclude a Sales Agreement for the Goods being the subject of the order.
  9. After placing the order, the Customer receives an e-mail confirmation of its submission.
  10. Then, after confirming the order, the Customer e-mail address information about the acceptance of the order for execution. Information about the approval of the order for implementation is a declaration of acceptance of the offer referred to in § three sec. 11 above. Upon its receipt by the Customer, a Sales Agreement is concluded.
  11. After the conclusion of the Sales Agreement, the Customer receives its terms on a durable medium to the Customer's e-mail address or in writing to the address provided by the Customer when placing the order.

§ 3 Payments

  1. The prices on the Website placed next to a given Product are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
  2. The customer may choose the following forms of payment for the ordered Goods:
    1. payment card and bank transfer via the external payment system Przely24.pl, operated by PayPro SA based in Poznań (in this case, the order will be processed after sending the order confirmation to the Customer and after receiving the funds). to a bank account);
    2. cash on delivery, payment of the Restaurant when making the Delivery (in this case, the order will be processed after sending the order confirmation to the Customer).
  3. The customer should make the payment for the order in the amount resulting from the concluded Sales Agreement within 1 hour if he chooses the form of prepayment.
  4. In the event of the Customer's failure to pay the payment within the time limit referred to in § four paras. 3 of the Regulations, the Customer will be set an additional deadline for making the payment and inform the Customer about it on a Durable Medium. The information about the other payment deadline also includes information that the Restaurant will withdraw from the Sales Agreement after the expiry of this deadline. In the event of the ineffective expiry of the second payment deadline, the Restaurant will send the Customer on a durable medium a declaration of withdrawal from the contract according to art—491 of the Civil Code.

§ 4 Delivery

  1. The Restaurant carries out the Delivery on the territory of the Republic of Poland.
  2. The restaurant is obliged to deliver the goods subject to the Sales Agreement without defects.
  3. The website contains information about the time and method of order fulfilment.
  4. The date of delivery and execution of the order indicated on the Website is counted in hours following § four para. 2 of the Regulations.
  5. The ordered goods are delivered to the Customer via the Supplier to the address indicated in the order form.
  6. The customer is obliged to inspect the delivered parcel in time and the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Supplier's employee draw up the appropriate protocol.
  7. Following the will of the customer, the restaurant attaches to the shipment being the subject of the Delivery a receipt or a VAT invoice covering the delivered Goods.
  8. To receive a VAT invoice, the customer should declare that he is purchasing the Goods as an Entrepreneur (taxpayer) at the time of purchase. The above declaration is made by marking the appropriate field in the order form before sending the order to the Restaurant.

§ 5 Warranty

  1. The Restaurant provides the Delivery of Goods free from physical and legal defects. However, the restaurant is liable to the customer if the product has a physical or legal defect (warranty), subject to § six sec. Six below.
  2. If the Product has a defect, the Customer may:
    1. submit a declaration of a price reduction or withdrawal from the Contract of Sale unless the Restaurant immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes
      The restriction does not apply if the Product has already been replaced or repaired by the Restaurant or the Restaurant did not satisfy the obligation to return the Product with a Product free from defects or remove defects. The Customer may, instead of the removal of the defect proposed by the Restaurant, demand the replacement of the Product with a product free from defects or, instead of the replacement of the Product, request the removal of the deficiency unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Customer or would require high costs compared to the method proposed by the Restaurant. When assessing the excess charges, the value of the Goods free from defects, the type and significance of the defect found is taken into account, and the inconvenience to which the Customer would otherwise be exposed. The Customer may not withdraw from the Sales Agreement if the defect is irrelevant.
    2. Demand replacement of the defective Product with a Product free from defects or removal of the fault. The restaurant is obliged to replace the defective Product with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer.
      The Restaurant may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or require high costs compared to the second possible method of compliance with the Sales Agreement. The Restaurant bears the cost of repair or replacement.
  3. The customer who exercises the rights under warranty is obliged to deliver the defective item to the restaurant's address. However, in the case of a Customer who is a Consumer and an Entrepreneur with Consumer rights, the cost of delivery is covered by the Restaurant.
  4. The restaurant excludes its liability under warranty towards Clients who are Entrepreneurs.
  5. Any complaints related to the Goods or the implementation of the Sales Agreement, the Customer may send in writing to the Restaurant's address.
  6. Within 14 days from the date of the request containing the complaint, the restaurant will respond to the criticism of the Good or the complaint related to the implementation of the Sales Agreement submitted by the Customer.
  7. The restaurant does not use the out-of-court resolution of disputes referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.

§ 6 Withdrawal from the Sales Agreement

  1. A Customer who is a Consumer and an Entrepreneur with Consumer rights who concluded a Sales Agreement might withdraw from it within 14 days without any reason.
  2. The period for withdrawal from the Sales Agreement starts when the consumer takes possession of the Goods.
  3. The Consumer and Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Restaurant. This statement may be submitted, for example, in writing to the restaurant's address via e-mail. In addition, the information may be submitted on the form, the specimen posted by the Restaurant, as Annex 1 to the Regulations.
  4. In the event of withdrawal from the Sales Agreement, it is considered void.
  5. The restaurant is obliged to immediately, no later than within 14 days from the date of receipt of the statement of the Consumer and the Entrepreneur with the Consumer's rights to withdraw from the Contract of Sale, return all payments made by him, including the cost of delivery of the Goods to the Consumer and Entrepreneurs with Consumer's rights. Furthermore, the restaurant may withhold the reimbursement of payments received from the Consumer and Entrepreneur with Consumer's rights until the Goods are returned or until the Consumer and Entrepreneurs with Consumer's rights provide proof of returning the Goods, depending on which event occurs first.
  6. Suppose the Consumer and the Entrepreneur, with the Consumer's rights exercising the right of withdrawal, chose a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Restaurant. In that case, the Restaurant is not obliged to reimburse the Consumer and the Entrepreneur with the Consumer's rights for the additional costs.
  7. The Consumer and the Entrepreneur with Consumer rights are obliged to return the Goods to the Restaurant immediately, but not later than within 14 days from the date he withdrew from the Sales Agreement. Therefore, it is enough to return the Goods to the restaurant's address before the deadline to meet the deadline.
  8. In the event of withdrawal, the Customer who is a Consumer and an Entrepreneur with Consumer rights shall only bear the direct costs of returning the Goods.
  9. If, due to its nature, the Goods cannot usually be returned by post, the Restaurant informs the Consumer and the Entrepreneur with the Consumer's rights about the costs of returning the goods on the Website.
  10. The Consumer and the Entrepreneur with the Consumer's rights are responsible for the decrease in the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
  11. The restaurant reimburses the payment using the same payment method as used by the Consumer and Entrepreneur with Consumer rights unless the Consumer and Entrepreneur with Consumer rights expressly agreed to a different form of return, which does not involve any costs for him.
  12. The right to withdraw from the Sales Agreement is not granted to the Customer who is a Consumer and Entrepreneurs with Consumer rights concerning contracts in which the Goods are perishable or have a short shelf-life.
  13. The right to withdraw from the Sales Agreement is not granted to the Customer who is a Consumer and an Entrepreneur with Consumer rights concerning contracts in which the Goods are delivered in a sealed package, which after opening the box cannot be returned due to health protection or hygiene reasons if the packaging has been open after delivery.

§ 7 Final provisions

  1. The Restaurant is liable for non-performance or improper performance of the contract. Still, in the case of contracts concluded with Customers who are Entrepreneurs, the Restaurant is responsible only in the event of deliberate damage and within the limits of actual losses incurred by the Customer is an Entrepreneur.
  2. The content of these Regulations may be recorded by printing, saving on a carrier, or downloading from the Website.
  3. In the event of a dispute arising under the concluded Sales Agreement, the parties will endeavour to resolve the matter amicably. Accordingly, the law applicable to settle any disputes arising from these Regulations is Polish law.
  4. The restaurant informs the Customer, a Consumer, about the possibility of using extrajudicial means of dealing with complaints and redress. The access rules to these procedures are available at the offices or on the websites of entities authorised for out-of-court dispute resolution. They may be, in particular, consumer ombudspersons or Provincial Inspectorates of the Trade Inspection, the list of which is available on the Office of Competition and Consumer Protection website.
  5. The restaurant informs that at the address http://ec.europa.eu/consumers/odr/ there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform).
    The restaurant reserves the right to amend these Regulations. All orders accepted by the Restaurant for execution before the new Regulations enter into force are implemented based on the Regulations in detail on the date of placing the order by the Customer. The amendment to the Regulations comes into force within seven days from the date of publication on the Website. The restaurant will inform the customer seven days before the entry into force of the new Regulations about the change in the Regulations using an e-mail message containing a link to the text of the amended Regulations. Suppose the Customer does not accept the new content of the Regulations. In that case, he is obliged to notify the Restaurant about this fact, which results in the termination of the contract following the provisions of the Regulations.
  6. Agreements with the Restaurant are concluded in Polish.
  7. The Regulations shall enter into force on March 11, 2021.

Appendix No. 1

Agreement withdrawal form.


TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)

Addressee: [name of the entrepreneur]

address for return: [street, city, postal code]

contact e-mail: [if available]

fax: [if available]

I, as a result of this, inform you about my withdrawal from the contract of sale of the following items:

- Date of conclusion of the contract (*) / collection ( *)

- Name and surname of the consumer

- Address of the consumer

- Signature of the consumer (only if the form is sent in paper version)

- Date:

(*) Delete as appropriate.

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Grzybowska 80/82, 00-844 Warszawa, Polska

KRS: 0000841477 · NIP: 5252823123 · REGON: 386067597

[email protected]

Miasta

Restauracje

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