Statute

Terms of Service for the website www.kuchniaotwarta.com
for Consumers. These Terms apply to the relationship between Kuchnia Otwarta with its registered office in Lublin at ul. Sobótki 53, 20-828 Lublin, NIP (Tax ID) 712-334-09-90, REGON 367338430, which holds the rights to the Service, and Consumers. These provisions do not apply to entities operating Restaurants, whose rights and obligations are governed by the General Terms and Conditions of the website www.kuchniaotwarta.com

I. General Provisions and Definitions The terms used in this document mean:

  • Terms: these terms of service
  • www.kuchniaotwarta.com – the website of the Kuchnia Otwarta restaurant
  • Offer: a proposal to conclude a contract for the sale of products and services under the conditions specified by the Restaurants, in particular containing the price, description, and ingredients of the offered Goods, using and by means of the functionalities available on the www.kuchniaotwarta.com website
  • Order: a statement of intent made by the Consumer to the Restaurant regarding the Offer of their choice, resulting in the conclusion of a Contract.
  • User – Consumer: A natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity, placing an Order at the Restaurant via the www.kuchniaotwarta.com website, who is 18 years of age or older and has full legal capacity.
  • Contract: a legal relationship established between the Consumer and the Restaurant based on the Order placed via the service, regarding its execution and delivery or personal collection.
  • Restaurant: an entity conducting business activity in the field of gastronomy, in particular preparing dishes, drinks, and similar products, using services provided by the Kuchnia Otwarta restaurant, placing the assortment of products offered by them on the service along with gross prices, delivery area, delivery costs, and minimum order amounts.
  • Services: a set of services offered to the Consumer by Kuchnia Otwarta via the service, including in particular: publication of the Offer, acting as an intermediary in concluding Contracts between the Consumer and the Restaurant by making the platform available to the Restaurant and the Consumer, enabling the Consumer to add ratings, comments, and opinions about individual Restaurants and to display them.
  • Account: a personalized administrative panel for the Consumer available after registration and logging in to the website www.kuchniaotwarta.com – after providing a previously established login and password, by means of which the Consumer can use the services provided by the Company, including in particular placing orders for products offered by individual Restaurants.

II. General Provisions

  1. Regarding services provided by electronic means, these Terms constitute the regulations referred to in Art. 8 of the Act of July 18, 2002, on the provision of services by electronic means (i.e., Journal of Laws of 2013, item 1422 with later amendments). The Terms are addressed to Users of the website www.danienazawolanie being Consumers. The Terms are available to Customers free of charge on the website www.danienazawolanie.pl. The User is obliged to comply with all provisions of the Terms. The order is placed based on the current version of these Terms, i.e., the one in force at the time of placing the order and accepted by the User. To use the services available on the service, it is necessary to have a computer system that allows the use of Internet resources, an email account, and a web browser that allows displaying websites. It is recommended to use one of the following browsers, with the "cookies" option enabled (cookie support):
    1. Internet Explorer 11 or higher version;
    2. Mozilla 55 or higher version,
    3. Google Chrome 6.1 or higher version,
    4. Safari 5.1 or higher version,
    5. Opera 47 or higher version.
  2. Kuchnia Otwarta does not charge the User any fees for using the www.kuchniaotwarta.com service.
  3. Kuchnia Otwarta is not responsible for the behavior of Users within the service or for the improper performance or non-performance by them of contracts concluded as part of the Transaction, as well as for the consequences of actions taken by Users and third parties that constitute a violation of the Terms. Kuchnia Otwarta is in particular not responsible for the quality of Products sold as part of the Offer, the ability of Sellers to sell, the solvency of Buyers, and the truthfulness and reliability of information provided by Users and Restaurants.
  4. Kuchnia Otwarta is a party to the contracts for the sale of Goods concluded between the User and the Restaurant and guarantees that the Restaurant is authorized to enter into and perform the contract.

IV. Rules for the Provision of Services by Electronic Means:

  1. The provision of Services by the Company begins after the User accepts the provisions of these Terms and after the User begins using the Platform.
  2. Users may place orders without the need for prior registration and having an Account. In this case, after selecting Products (adding to the cart), it is necessary to provide the appropriate data required in the form, necessary to finalize the contract with the Restaurant concluded in this way. Upon placing an order, the entity referred to in the preceding sentences enters into a contract for services under the conditions specified in the Terms.
  3. The Company is not responsible for the inability to provide Services to the User due to force majeure.
  4. The User is obliged to:
    1. use the services offered by the Company in a way that does not cause interference with the functioning of the Service, in particular through the use of software or devices;
    2. not undertake actions aimed at obtaining classified information in the possession of the Company;
    3. use the services offered by the Company in accordance with the provisions of law in force on the territory of the Republic of Poland, the provisions of the Terms, and with generally accepted customs in this regard;
    4. use the services offered by the Company in a way that is not burdensome for other Customers and the Restaurant, respecting their personal rights (including the right to privacy) and other rights to which they are entitled;
    5. use all content posted on the Service only for personal use.
  5. Users using the Platform are obliged to act in accordance with applicable laws and rules of social conduct. It is forbidden for Users to act in a manner contrary to applicable laws, good customs, or in a manner that infringes on the legitimate interests of the Company.
  6. All Users acknowledge that the materials available on the service are protected by copyright.

V. Offer

  1. All data regarding the Offer of Products/Goods of the Restaurant are placed in the Service by the Restaurant itself.
  2. In the event that the User accepts the Restaurant's Product/Goods Offer, a legal relationship is created directly between the User and the Restaurant.

VI. Contract

  1. The Contract is concluded between the Parties – the User and the Restaurant – at the moment the User completes the Order placement and clicks the "Order and pay" button. The User will immediately receive confirmation of its conclusion at the email address provided during the Order placement.
  2. Providing true, correct, and complete contact data by the User during the order placement is a condition for the execution of the order by the Restaurant.
  3. After the User places an Order, they are obliged to be available by phone or email for the Restaurant, in accordance with the contact details indicated when placing the Order.
  4. The User, in order to obtain information about the status of the Contract execution, may contact the Restaurant directly using the contact details provided in the Service and in the Order confirmation referred to in sec. 1.
  5. The User is further obliged to:
    1. be present at the address indicated when placing the Order – in case of choosing the "purchase with delivery" option;
    2. report to the Restaurant for order pickup at the time indicated in the Order confirmation – in case of choosing personal pickup of ordered products.

VII. Withdrawal from the Contract

  1. The User acknowledges that due to the fact that the Products ordered by them have a short shelf life, they are not entitled to withdraw from the Contract after its actual execution has begun (Art. 38, item 4 of the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827). Withdrawal from the concluded Contract before the start of its actual execution is possible without giving any reason by contacting the Restaurant by phone.
  2. The Restaurant is entitled to withdraw from the Contract in the event of:
    1. the occurrence of force majeure preventing the performance of the Contract,
    2. the update of the Offer posted on the Platform in a situation where the User did not agree to the alternative regarding the Order proposed by the Restaurant;
    3. the User providing an incorrect or unreachable phone number or delivery address.
  3. In the event of withdrawal from the Contract by either party, it is treated as not concluded, subject to the provision of point 4 below.
  4. In the event of the User placing a false Order or failing to perform the Contract (in particular by not paying for it or being absent at the place of delivery or at the collection point to receive the ordered products), the Company is entitled to refuse to accept future Orders from such a User and to block their account on the service.

VIII. Payment

  1. At the moment of concluding the Contract in accordance with the provisions of Art. 6.1 of these Terms, the User is obligated to pay the Restaurant the price resulting from the Order. The price stated in the Order constitutes the total price that the Ordering Party will be obliged to pay, along with the due tax and delivery cost. Charging the Ordering Party with additional costs will occur only after obtaining their express consent.
  2. Payment for the placed order can be made upon collection of the order at the Restaurant or to the person delivering the order. The User is informed of the available payment methods on the service during the placement of the Order at a given Restaurant and makes their choice before placing the Order, i.e., before clicking the "Order and pay" button.
  3. The Company does not interfere in any settlements between the Restaurant and the User.

IX. Complaints.

  1. Given that the Company is not a party to the contracts concluded between the User and the Restaurant, all complaints regarding the Offer, the Order, or the performance of the Contract should be submitted directly to the Restaurant using its contact details listed in the Platform.
  2. If the User's complaint concerns the operation of the service, the complaint should be submitted to Kuchnia Otwarta at the address biuro@kuchniaotwarta.pl
  3. The User's complaint submitted in accordance with point 2 will be processed within 14 days from the date of its receipt by Kuchnia Otwarta.

X. Privacy and Confidentiality.

Kuchnia Otwarta collects and processes the personal data provided by Users in accordance with applicable law and in accordance with the privacy policy contained on the service. The User's personal data is disclosed to the Restaurant only in cases provided for in the Terms for purposes related to the execution of the Order and in other cases, with the prior consent of the data subject.

XI. Amendments to the Terms

Kuchnia Otwarta is entitled to amend the Terms, and this amendment becomes effective within the time limit indicated by Kuchnia Otwarta. The notice period for the amendment cannot be shorter than 7 days from the moment the amended Terms are made available on the service. Upon the first login to the service after the changes come into effect, the User will be notified of such changes and the possibility of accepting them. Version valid from 14.04.2020.

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