REGULATIONS FOR THE PROVISION OF SERVICES ELECTRONICALLY
Regulations for using the website rowerowabialystok.pl and placing orders through them
§ 1 Definitions of terms used in the regulations
1. The operator of the online ordering system located on the website htpps://rowerowabialystok is Tastysoft Sp. z o. o. based in Łódź, ul. Sienkiewicza 85/87 KRS: 0000411725, NIP: 7252058310, REGON: 101374260.
2. The Seller within the meaning of these regulations is Rowerowa Sp. z o. o., ul. M. Curie-Skłodowskiej 6 / lok. 1U, 15-097 Białystok/ NIP: 5423488431
KRS number: 0001120436
3. "Website" - the website available at the URL address https://rowerowabialystok.pl (including all subpages), through which the Consumer can purchase goods from the Seller.
4. "Civil Code" - the Act of April 23, 1964, Civil Code (consolidated text: Journal of Laws of 2017, item 933, as amended).
5. "Code of Civil Procedure" - Act of November 17, 1964, Code of Civil Procedure (consolidated text: Journal of Laws of 2017, item 67, as amended)
6. "Consumer" - Consumer (natural person) conducting a legal transaction with the Seller, without direct connection with the Consumer's business or professional activity
7. "Dishes" - dishes, snacks, drinks and other catering items included in the Seller's offer that meet the criterion of being a Good within the meaning of the Act on the provision of electronic services.
8. "Seller" - a natural person, a legal person or an organizational unit without legal personality, with legal capacity granted by law, providing delivery services of Dishes to Consumers on the basis of an individual contract with the Operator in accordance with the conditions specified in the Regulations.
9. "Sales contract" - a contract for the sale of Dishes (within the meaning of the Civil Code), concluded between the Consumer and the Seller via the Website
10. "Service" ("Services") - a service provided by the Operator in accordance with the principles of the Regulations and based on the operation of the Website. The service provides the possibility of using a number of activities within the Website, in particular placing Orders.
11. "Consumer Rights Act" - the Act of May 30, 2014 on consumer rights (i.e. of March 9, 2017 (Journal of Laws of 2017, item 683), as amended).
12. "Act on the provision of services by electronic means" - the Act of July 18, 2002 on the provision of services by electronic means (i.e. of June 9, 2017, Journal of Laws of 2017, item 1219, as amended ).
13. "Consumer" - a natural person who is at least 13 years of age, and in the case of being a minor (under 18 years of age), the consent of his or her legal guardian (statutory representative) is required, as well as a legal person and an entity an organizational entity that is not a legal person, which has been granted legal capacity by specific provisions, and which places an Order.
14. "Order" - the Consumer's declaration of will, which leads directly to the conclusion of the Sales Agreement for Dishes, which specifies in particular the number and type of Dishes. The Consumer places the order with the Seller via the Website
§ 2 General provisions
1. The Regulations specify the rules for the provision of Services by the Website to Consumers, which include in particular:
a. enabling Consumers to place Orders for Dishes included in the Seller's offer via the Website
b. concluding Sales Agreements with the Seller in this respect
2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
3. The Regulations specify in particular:
a. terms and conditions for placing orders by consumers;
b. rules for concluding Sales Agreements for Dishes.
4. The Operator is not a party to the Sales Agreements for the Dishes included in the Seller's offer, which Agreements are concluded by the Consumer using the Website. The Consumer and the Seller are the only parties to such Sales Agreements.
§ 3 Consumer obligations
1. The consumer undertakes in particular to:
a. use the Website in a way that does not affect its proper functioning, in particular by using specific software or devices and undertaking any harmful operations aimed at the operation/existence of the Website's software;
b. refrain from activities such as: sending or posting unsolicited commercial information (spam) on the Website; the Consumer adding any content to the content of the Order that is inconsistent with applicable law, decency or advertising information, as well as undertaking IT activities or any other activities aimed at obtaining information not dedicated to the Consumer;
c. use the Website in a manner consistent with the provisions of the law of the Republic of Poland, and unanimously with the provisions of the Regulations;
d. use the Website in a way that is not inconvenient for other Consumers and the Operator/Sellers, and does not violate their personal rights (including the right to privacy) and other their permanent rights;
e. use all content available on the Website only for personal use; using the content (including photos and descriptions of dishes) in a scope other than the above is acceptable only with the express written consent of the authorized entity.
f. immediately notify the Operator of any violation of his rights as a result of the Consumer's use of the Website, as well as of any violation of the principles of these Regulations.
§ 4 Rules of using the website
1. For proper, uninterrupted use of all functions of the Website, the following are necessary:
a. access to the Internet;
b. standard software in the form of an operating system and a web browser (which supports cookies);
c. own e-mail address;
d. telephone number.
2. If the above requirements are not met, using the Website may be difficult or even impossible.
§ 5 Placing Orders
1. The subject of Orders may be Dishes presented via the Website.
2. Suggestions of available dishes, which on the Website are not an offer within the meaning of the Civil Code, but are only an invitation to submit an offer by the Consumer.
3. The Seller determines the area within which the Order can be completed. If the Consumer chooses an address outside the area specified by the Seller for the place of delivery of the Order, the Website will inform that such execution of the Order is impossible.
4. Prices in the Seller's menu are given in PLN and include value added tax (VAT) calculated in accordance with current regulations.
5. The order is placed by completing the order form, which is available on the Website.
6. In the Order form, please provide the personal data necessary to place an Order: name, surname, delivery address, telephone number and e-mail address.
7. The consumer should select the ordered Dishes (their quantity and type), payment method and type of delivery.
8. Placing an Order on the Website is the result of sending the Order. The Order is sent when the Consumer accepts all its elements by pressing the "Order and pay" button. When placing an Order - before pressing the "Order and pay" button - the Consumer may change the entered data, including the selection of his/her dish. For this purpose, you should follow the messages displayed to the Consumer as well as the information provided by the Website.
9. The order is an offer within the meaning of the Civil Code and is sent via the Website's IT system (together with the Consumer's personal data necessary to complete the Order) to the Seller
10. When the Consumer receives information from the Seller about the acceptance of the Order (as a message displayed on the Website and an e-mail to the e-mail address provided by the Consumer), a Sales Agreement for Denmark is concluded between the Consumer and the Seller (upon receipt of the above-mentioned e-mail).
11. In the case of sales made as part of announced promotions, the Operator/Seller reserves the right to limit the quantity, time or other restrictions on the sale of Dishes. The limitation referred to above is always specified in the promotion conditions.
§ 6 Payments
1. Payments for ordered Dishes may be made by Consumers in the form of:
a. Cash, directly into the supplier's hands upon receipt of the order.
b. Online payment via payment systems available on the Website, provided that the Seller selected by the Consumer accepts this form of payment.
2. An online payment is deemed to have been made when the IT system of the Confirmation Service receives acceptance of the transaction by the payment service provider acting as an intermediary in a given payment transfer operation.
§ 7 Right to withdraw from the contract and warranty
1. Before the Seller provides the service, the consumer may withdraw from the contract without giving any reason.
2. In order to exercise the right to withdraw from the contract, the Ordering Party undertakes to inform the Seller by way of a clear statement by telephone contact with the Seller.
3. The Seller will refund the payment using the same payment method used by the Consumer.
4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
5. Pursuant to Art. 38 of the Act on Consumer Rights, after the Seller has completed the service, the Ordering Party loses the right to withdraw from the contract.
6. The right to withdraw from the Sales Agreement does not apply when the subject of the service is a non-prefabricated item, manufactured in accordance with the Consumer's individual instructions or intended to meet his specific needs, and when the subject of the service deteriorates quickly or has a short shelf life. Therefore, in accordance with the above, the right to withdraw from the Agreement is not available guje for dishes such as salad, pizza, kebab, etc.; however, it is entitled in the case of other articles included in the Seller's offer, which can be returned to the Seller in unchanged form thanks to their durable nature.
7. The Seller, who is a party to the Sales Agreement, is fully responsible towards the Consumer for Denmark's compliance with the agreement (to the extent specified in the Civil Code).
§ 8 Complaints
1. The Seller is liable under the warranty for physical and legal defects of the Goods (i.e. Denmark) to the extent specified in Art. 556 et seq. of the Act of April 23, 1964 - Civil Code (Journal of Laws of 2014, item 121);
2. A physical defect of the Goods (i.e. the Dishes) consists in the non-compliance of the sold item with the contract, so if the Goods (i.e. the Dishes) do not have the properties that they should have due to the purpose of the contract, resulting from the circumstances or purpose, they do not have the properties referred to in The Seller assured the Ordering Party that it is not suitable for the purpose about which the Ordering Party informed the Seller when concluding the contract and the Seller did not raise any objections to its intended use, the Goods were delivered to the Ordering Party in an incomplete condition.
3. If the order is found to be inconsistent with the received goods, please inform the Seller by phone immediately after receiving the Order.
4. Outside a given business day, please send complaints electronically to: rowerowabialystok@gmail.com
5. The Seller will consider the complaint within 14 days from the date of its receipt.
6. In the event of effective withdrawal from the contract, the Seller undertakes to refund the payment within 14 days from the date of receipt of the withdrawal from the contract, provided that the payment will not be refunded until the Goods (Denmark) are returned or the Consumer provides proof of sending them back.
7. The Seller is liable under the warranty for physical defects of the Goods (Denmark) that existed at the time the danger passed to the Ordering Party or resulted from a cause inherent in the item sold at the same time.
8. If the Goods (Dish) have a defect, the Ordering Party may submit a declaration of withdrawal from the contract, unless the Seller immediately replaces the defective Goods with a defect-free one or removes the defect. This limitation does not apply if the Goods have already been exchanged by the Seller
9. In the event of irregularities, interruptions in the functioning or faults of the Website. The consumer has the right to file a complaint.
10. Complaints should be submitted to the e-mail address kontakt@upmenu.com or sent by post to the Operator's address provided in the Regulations. Please include the word "Complaint" in the subject of the e-mail.
11. The complaint should include a description of the events that are the basis for the complaint, the Order number (if it is the subject of the complaint) and the Consumer's data: name, surname, residential address, e-mail address and telephone number.
12. The Operator will consider the complaint within 14 days from the date of its receipt.
13. If it is necessary to supplement the information provided in the complaint, the Operator asks the person submitting it to complete it before considering it. As a result of the Consumer providing additional explanations, the complaint handling period is extended.
14. Information about the result of resolving the complaint is sent to the Consumer to the provided e-mail address, and in the case of submitting a complaint by traditional mail to the Consumer's residential address, unless he also provided his e-mail address.
15. We invite you to send notifications, comments or questions regarding the functioning of the Website or Application by e-mail to: kontakt@upmenu.com
§ 9 Final provisions
1. If some provisions of these Regulations are deemed legally invalid or ineffective, the validity or effectiveness of the remaining provisions of the Regulations shall not change. In place of the invalid provision, the rule closest to the objectives of the invalid (existing) provision and the entire Regulations will be applied.
2. Changes to these Regulations may occur for important reasons, imposed mainly by technical and legal reasons and changes in the principles of providing Services.
3. Information about changes to the Regulations must be placed by the Operator directly on the Website. Delivery of the text of the Regulations means making its content available on the Website.4. Any changes to these Regulations shall enter into force on the date specified by the Operator, which may not be shorter than 14 days from the date of publication of its content on the Website.
4. The language for concluding the sales contract is Polish.
5. The Operator is not responsible for the consequences of using the Website by the Consumer in a manner inconsistent with applicable law, the principles of the Regulations or customs adopted in this respect.
6. Resolution of potential disputes arising between us between the Operator and the Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
7. Resolution of potential disputes arising between the Operator and a Consumer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Operator.
8. In the case of events not regulated by the Regulations, the provisions of Polish law shall apply, including the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services.
9. Consumers are provided with free access to these Regulations at any time via a link placed on the Website, in a form that allows it to be downloaded, saved on disk and printed.
10. The Regulations will be implemented on August 1, 2024.
GDPR REGULATIONS ON-LINE ORDERS AND/OR RESERVATIONS
We would like to inform you that the Administrator of your personal data is Rowerowa Sp. z o. o. street M. Curie-Skłodowskiej 6 / lok. 1U, 15-097 Białystok
NIP: 5423488431/ KRS number: 0001120436; e-mail address: rowerowabialystok@gmail.com
1. Your data will be processed for the purpose of fulfilling your order for the Administrator's products and services, and if you give your consent, your data will be processed for the purposes of direct marketing of products and services offered by the Administrator.
2. Your data may be made available to recipients providing technical and organizational services to the Administrator in order to properly deliver the Administrator's products and services.
3. Your data will be stored for the duration of the order (i.e. catering service or table reservation) and for the time resulting from applicable tax and accounting regulations and after the completion of the provision of services to the extent and for the time necessary to settle the contract and possibly for the time existing, not time-barred claims after the termination of the contractual relationship. If you consent to receiving marketing communications from the Administrator, your data will be stored until you withdraw your previously expressed consent.
4. You have the right to access your personal data, rectify it, delete it or limit processing, and the right to transfer data to another administrator.
5. Providing personal data is necessary for the purpose of processing and delivering the placed order. Failure to provide personal data will result in the inability to process and deliver the order or table reservation.
6. You have the right to lodge a complaint with the Supervisory Authority that supervises the legality and correctness of the processing of personal data.
7. Your data will not be transferred outside the EU or to any international organizations.
8. Your data will not be subject to profiling or automatic decision-making.
GDPR REGULATIONS – CONTACT FORM
We would like to inform you that the Administrator of your personal data is Rowerowa Sp. z o. o. street M. Curie-Skłodowskiej 6 / lok. 1U, 15-097 Białystok
NIP: 5423488431/ KRS number: 0001120436; e-mail address rowerowabialystok@gmail,com
1. Your data will be processed in response to your inquiry addressed to the Data Administrator.
2. Your data will be made available to employees and persons authorized by the Administrator only for the purpose of fulfilling your contact request.
3. Your data will be stored until the communication initiated by completing this form is completed.
4. You have the right to access your personal data, rectify it, delete it or limit processing, and the right to transfer data to another administrator.
5. You have the right to lodge a complaint with the Supervisory Authority that supervises the legality and correctness of the processing of personal data.
6. Your data will not be transferred outside the EU or to any international organizations.
7. Your data will not be subject to profiling or automatic decision-making.
