Terms of service for sushizushi.pl and online.sushizushi.pl

Terms and conditions of the website - provision of services within the sushizushi.pl website

Administrator - SUSHI 2 GO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with registered office at ul. Pola Karolińskie 4, 02-401 Warsaw, entered in the National Court Register - Register of Entrepreneurs by the REGON COURT FOR M.ST.WARSAWY IN WARSAW, XIII ECONOMIC DEPARTMENT OF THE NATIONAL REGISTER, under KRS no. 0000743900, NIP no. 5223044327, REGON no. 362978998, share capital PLN 5000.00.

§ 1

Preliminary provisions

  1. Through the Website, the Seller provides the Buyer with the possibility to conclude a supply contract using the https://www.upmenu.com/pl tool.
  2. The Terms and Conditions set out the terms and conditions for the use of the Website, as well as the rights and obligations of the Seller and the Buyers.
  3. It is not necessary for the Buyer's computer or other device to meet any particular technical conditions in order to use the Website. Sufficient are:
    1. Internet access,
    2. Standard operating system,
    3. Standard web browser,
    4. Having an active e-mail address.
  4. The buyer cannot use the service anonymously or under a pseudonym.
  5. It is prohibited to provide unlawful content when using the Website, in particular by sending such content via the forms available on the Website.
  6. All product prices shown on the Website are gross prices.

§ 2

Services provided by electronic means

  1. Through the Website, the Seller provides electronic services to the Buyer.
  2. The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order on the Website leading to the conclusion of a contract with the Seller. Placing an order is possible without having an account on the Website.
  3. Services are provided against payment.
  4. In order to ensure the security of the Buyer and the transfer of data in connection with the use of the Website, the Seller shall take technical and organisational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
  5. The Seller shall take steps to ensure that the Website is fully functioning properly. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Website.
  6. Any complaints related to the functioning of the Service, the Buyer may submit by e-mail to the e-mail address kontakt@sushizushi.pl. In the complaint, the Buyer should provide his/her name and surname, mailing address, as well as the type and date of the irregularity related to the functioning of the Website. The Seller will consider all complaints within 14 days from the receipt of the complaint and will inform the Customer of its resolution to the e-mail address of the complainant.

§ 3

Placing an order

  1. The order is placed by selecting the relevant restaurant. Then selecting the relevant products and filling in the address form. In the form, it is necessary to enter the data required to process the order. At the stage of placing the order, the payment method for the order is also selected. Placing an order is conditional on accepting the Rules and Regulations, which the Buyer should read beforehand. In case of any doubts concerning the Rules and Regulations, the Buyer may contact the Seller.
  2. Once the Buyer has clicked on the order finalisation button, he/she will be redirected to the payment gateway according to the payment method selected. Once the payment has been successfully made, the Buyer will be redirected back to the Website page with the order confirmation. At this point, the contract is deemed to be concluded between the Buyer and the Seller. Confirmation of the conclusion of the contract will be sent to the Buyer at the e-mail address provided in the order form.
  3. The Buyer must provide truthful personal data on the order form. The Buyer shall be liable for providing false personal data. The Seller reserves the right to withhold the execution of the order in a situation where the Buyer has provided false data or where the data raises justified doubts by the Seller as to its correctness. In such a case, the Buyer will be informed by phone or e-mail about the Seller's doubts. In such a situation, the Buyer has the right to explain any circumstances related to the verification of the veracity of the provided data. If there is no data allowing the Seller to contact the Buyer, the Seller will provide any explanations after the Buyer has made contact.
  4. The Buyer declares that all data provided by him in the order form is true, while the Seller is not obliged to verify its veracity and correctness.

§ 4

Delivery and payment

  1. The available payment methods for an order are described on the pages of the Website and are presented to the Buyer at the stage of placing the order.
  2. Processing of the order will commence once the order has been confirmed to the email address provided. 

§ 5

Intellectual property rights

  1. The Seller hereby instructs the Buyer that the contents of the Website and the electronic products are protected by copyright.
  2. The Seller owns the economic and moral copyrights to the products and content distributed via the Website. 
  3. The unlawful dissemination of content or material referred to in paragraph 1 above may result in civil or criminal liability.

§ 6

Withdrawal from a consumer contract

  1. A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the conclusion of the contract.
  2. The right of withdrawal shall not apply to contracts that have already been performed or the Consumer has been previously informed and has agreed to the immediate performance of the contract while waiving the right of withdrawal. 
  3. The right of withdrawal also does not apply to products prepared to the Consumer's special order and according to personal preferences. 
  4. The moment of commencement of performance is the delivery of the order confirmation e-mail to the Buyer.
  5. In order to withdraw from the contract, the Consumer must inform the Seller of his/her decision to withdraw from the contract by an unequivocal statement - for example a letter sent by post, fax or e-mail.
  6. In order to comply with the withdrawal period, it is sufficient for the Consumer to send information concerning the exercise of the Consumer's right of withdrawal before the expiry of the withdrawal period.

§ 7

Liability for defects

  1. The seller is obliged to provide the buyer with a defect-free product.
  2. If the Buyer discovers a defect in the product, he shall inform the Seller of this fact, specifying at the same time his claim related to the discovered defect or making a statement to this effect.
  3. The Buyer may contact the Seller by post as well as by e-mail.
  4. The Seller shall respond to the complaint submitted by the Purchaser within 14 days of the day on which the complaint is delivered to the Seller by such means of communication as the complaint was submitted by.

§ 8

Personal data and cookies

  1. The administrator of the Buyer's personal data is the Seller.
  2. The Buyer's personal data are processed for the purpose of processing orders, the user account and the possible defence, investigation or establishment of claims relating to contracts concluded through the Website.
  3. Details regarding the processing of personal data and the use of cookies can be found in the privacy policy available at http://online.sushi-host.beep.pl/polityka-prywatnosci/

§ 9

Out-of-court complaint and redress procedures

  1. The seller agrees to submit any disputes arising in connection with the concluded contracts to mediation proceedings. The details will be determined by the conflicting parties.
  2. The Consumer has the possibility to make use of out-of-court complaint and redress procedures. Among other things, the Consumer has the possibility to:
  3. apply to a permanent amicable consumer court for the settlement of a contractual dispute,
  4. Apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Buyer and the Seller,
  5. Seek the assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
  6. For more detailed information on out-of-court complaint and redress procedures, the consumer may consult the following website http://polubowne.uokik.gov.pl.
  7. The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales or service contract.

§ 10

Final provisions

  1. The Seller reserves the right to introduce and cancel offers, promotions and to change prices on the Website without prejudice to the Buyer's acquired rights, including in particular the terms and conditions of contracts concluded prior to the change.
  2. Any disputes related to agreements concluded through the Website shall be examined by a Polish common court with jurisdiction over the Seller's permanent place of business. This provision does not apply to Consumers, in the case of whom the jurisdiction and the jurisdiction of the court are considered on general principles.
  3. The Seller reserves the right to amend the Terms and Conditions. Contracts entered into before the Terms and Conditions were amended shall be governed by the Terms and Conditions in force on the date of entering into the contract.
  4. These Terms and Conditions are effective as of 2.10.2020.
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