{"service":{"name":"Krakowskie Smaki","url":"https://krakowskiesmaki.pl/en/regulamin","lang":"ENG","sector":"Food","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Free","date":""},"document":{"title":"","text":"Terms and conditions of using portal KrakowskieSmaki.pl\nI General conditions\n1.1. The owner and administrator of the portal is KrakowskieSmaki.pl:\n\nFHU MITON\n\nul. Wąwozowa 34 B\n\n31- 752 Kraków\n\nNIP: 663-147-24-50\nII The execution of the order\n2.1 The aim of portal KrakowskieSmaki.pl is to receive customer orders for dishes offered by restaurants\nwhich cooperate with the portal KrakowskieSmaki.pl. Their offer is posted on the given portal and the orders\nfrom the customers are sent to the cooperating restaurants. Afterwards, the restaurants prepare the dishes and\nthen they are delivered to the customers by KrakowskieSmaki.pl.\n\nThe purpose of KrakowskieSmaki.pl is to provide a simple and convenient service to you, showing you the\noffer of the partner restaurants and menu of their choice and allowing you to order meals from them.\nKrakowskieSmaki.pl markets meals on behalf of the partner restaurants, concludes orders on their behalf and\ndelivers the meals to you. The customers of KrakowskieSmaki.pl must be natural persons who are aged 18 or\nover, have full legal capacity, may in their own name, acquire rights and incur obligation.\n\nIn the event of a ficticious or false order, in particular through the use of false data or unauthorized use of\nanother person's credentials, the owner of the portal KrakowskieSmaki.pl has the right to submit\na notification to the appropriate law enforcement agencies.\n\n2.2 Customers can place orders at their choice:\n\na) by telephone at the number indicated on the portal KrakowskieSmaki.pl,\n\nb) electronically, via the order form given on the portal KrakowskieSmaki.pl\n\nc) electronically, via the customer panel, to which customers gain access after creating a user account on the\nportal KrakowskieSmaki.pl\n\n2.3 To place an order, the customer selects the ordered product, indicates the delivery address, name, phone\nnumber, e-mail and the acceptance of the contract value.\n\n2.4 The partner restaurant is solely responsible for the content of the information published by the partner\nrestaurant on the portal KrakowskieSmaki.pl, in particular, for the description of the partner restaurant, the\nrestaurant's menu, the dishes offered, the information about the conformity of the dishes with customers'\nspecial diets.\n\n2.5 Orders can be submitted every day from noon until 10 p.m., however, individual restaurants may work on\nother days and hours on what the owner of KrakowskieSmaki.pl has no effect.\n\nOrders placed outside of working hours of a particular restaurant cannot be exercised. In this case, the\ncustomer will be informed about it by an appropriate message.\n\n2.6 The customer can place an order on portal KrakowskieSmaki.pl as indicated in section 2.2 of Terms and\nconditions.\n\nIn case of an order placed as indicated in section 2.2 b),c), the customer will receive a summary of the order,\nwhich will be sent to the email given while placing an order.\n\nIn case of an order placed by the customer as indicated in point. 2.2 a), the customer will be informed by\ntelephone of the adoption of this order and at the same time about the fact that the customer has placed an\norder, the order (e.g. dishes and drinks) and the customer's personal details.\n\nWhen placing an order,the customer confirms that he/she is familiar with these terms and conditions and\naccepts them.\n\n\n2.7 After the confirmation of the order, the partner restaurant prepares the ordered dishes which are then\ncollected and delivered to the customer by the driver of the portal KrakowskieSmaki.pl to the address\nindicated by the customer. KrakowskieSmaki.pl makes every effort to make sure that the deadline for\ndelivery was in accordance with the deadline specified in the confirmation of the order.\n2.8 When ordering dishes from more than one partner restaurant causes adding to the account of the amount\nof 5 zł for each extension of the contract for the order of an additional partner restaurant.\n2.9 The minimum amount of the order and the cost of delivery depends on the location of the place to which\nto deliver the order. The areas (zones), where the orders are delivered will be indicated on the portal\nKrakowskieSmaki.pl along with the designation of delivery costs and minimum order amount which would\nbe required to obtain the submission of an order to a particular zone.\n2.10 The owner of the portal KrakowskieSmaki.pl declares that due to the possible occurrence of various\nexternal factors, such as traffic congestion, blackouts, etc., The actual delivery time may be different than the\ntime specified in the order confirmation or in the delivery conditions posted on portal KrakowskieSmaki.pl\nWe will do our best to ensure that the order is delivered by the time specified in the email and webpage. The\ntiming of the order is determined by taking into account the number of orders and the circumstances being\nfaced by the partner restaurants at that time.\n2.11 In case of any delays of the order, the customer will be notified by telephone immediately after the\nportal KrakowskieSmaki.pl receives the information about the delay of the term of the order.\nPortal KrakowskieSmaki.pl reserves the right to publish on the portal KrakowskieSmaki.pl general\ninformation about the possibility of an extension of time for any order during the periods in which there is\na great number of orders on the portal KrakowskieSmaki.pl or partner restaurants.\n2.12 At the time of delivery the driver will give the customer the order and the receipt with the cost of the\norder with an added cost of transportation (transportation cost is included in the terms of delivery).\nIII Eligibility of KrakowskieSmaki.pl and partner restaurant\n3.1 The administrator of KrakowskieSmaki.pl reserves the right to block the possibility of placing orders for\na particular user - this is particularly true of the user who had not received the order made by himself/herself.\n\n3.2 KrakowskieSmaki.pl and partner restaurants reserve the right to refuse an order placed on the basis of\nincorrectly or improperly completed forms or made in violation of this regulation.\n\n3.3 KrakowskieSmaki.pl and partner restaurants reserve the right to refuse the order because of their own\nimportant reasons. The information about a possible refusal will take place by telephone or will be displayed\nin the message KrakowskieSmaki.pl.\n\n3.4 The customers are required to confirm orders placed by telephone - only orders confirmed by the\ncustomer during a telephone conversation initiated by the consultant of KrakowskieSmaki.pl will be\naccepted. Orders placed electronically will not be confirmed unless the time of their execution will be\nconsiderably longer.\n\n3.5 KrakowskieSmaki.pl and partner restaurants reserve the right to verify the customer's data.\n\n3.6 Partner restaurant shall be solely and fully responsible for all activities related to the preparation of the\norder such the method of preparing dishes, the quality of prepared dishes and their ingredients, type and\nquality of packaging used to pack the meals delivered to the customer, etc.\n\n3.7 KrakowskieSmaki.pl and partner restaurant have the right to refuse an order if any of the suppliers of\nsemi-finished products are withdrawn from circulation on the basis of the provisions of the Act of 25 August\n2006 on food safety and nutrition (Dz. U. 2006. No. 171, item. 1225, as amended.).\n\nIV Complaints\n4.1 The customer has the right to lodge a complaint only upon the receipt of the order from the driver.\nV Changes of terms and conditions\n5.1 KrakowskieSmaki.pl may at any time make changes to the terms and conditions and run the new version\nof services.\n\nThe information on the changes of the terms and conditions and the date of their introduction will be posted\non the portal KrakowskieSmaki.pl no later than 7 days before the date of their introduction. The information\nreferred to in the preceding sentence will be placed in the news section of the portal KrakowskieSmaki.pl.\n\n5.2 By accessing our portal or by using our services, the customer indicates that he/she accepts these terms\nand conditions and that he/she agrees to abide by them. If the customer does not agree to these regulations,\nhe/she does not have access to our Site or use our Service.\nVI Personal Details\n6.1 The customer who places the order through KrakowskieSmaki.pl agrees to send their personal details to\nthe e-mail address belonging to KrakowskieSmaki.pl\n\n6.2 KrakowskieSmaki.pl does not store or share any of its customers' data with third parties.\n\n6.3 The basis for the processing of personal details is the consent of the customers, as well as the statutory\nauthorization to process the data necessary for the execution and settlement of services provided by\nKrakowskieSmaki.pl.\n\n6.4 Providing any personal details is voluntary.\n\n6.5 The data provided by the customer during placing the order are used for accounting purposes, contacting\nthe customer within the framework of orders and other activities related to the performance of the customer's\norders. This also includes sharing the data with partner restaurants. These data can be used to verify whether\na person meets the authority required by the rules and regulations of legal terms.\n\n6.6 Contact details can be used to send marketing information to the customer. The user may at any time opt\nout of receiving such information.\n\n6.7 KrakowskieSmaki.pl uses customer's personal details to send relevant information during promotions and\ncompetitions. The customer at any time has the right to opt out of receiving this piece of information.\n\n6.8 Customer's details can be made available to entities such as the judicial authorities or fiscal\nadministration.\n\n6.9 If the customer fails to pay charges or his/her current behavior violated the regulations or applicable law,\nand the personal details are required to explain the circumstances and determine the liability of the customer,\nKrakowskieSmaki.pl reserves the right to retain the personal details until the clarification of mutual claims.\nVII Final Resolutions\n7.1 The Polish courts will have jurisdiction over any claim arising from, or related to, a visit to\nKrakowskieSmaki.pl or use of our services. These terms of use and any dispute or claim arising out of or in\nconnection with them or their subject matter or formation (including non-contractual disputes or claims) shall\nbe governed by and construed in accordance with the Polish law.\n\n7.2 If any of the resolutions hereof shall be deemed a final ruling of the court to be invalid, the remaining\n\nprovisions shall remain in force.\n7.3 Anyone can read these regulations, which are available on the website www.KrakowskieSmaki.pl.\n7.4 In matters not regulated herein, the provisions of current law apply, especially in the particular provisions\nof the Act of 18 July 2002 on electronic services (Dz. U. 2002. No. 144, item. 1204, as amended.) Act of 30\nMay 2014. Consumer Rights (Dz.U.2014 pos. 827 dated 2014.06.24, as amended).\nDefinitions:\n1. Portal KrakowskieSmaki.pl – a system for ordering food at partner restaurants via the Internet or\ntelephone.\n2. Partner restaurant – a natural or legal person engaged in business activities in the form of a catering\nservices and implementing customer orders submitted through the system KrakowskieSmaki.pl\n3. Product – food and ingredients that can be ordered through the web portal KrakowskieSmaki.pl in\npartner restaurants.\n4. Customer – anyone who makes a purchase via portal KrakowskieSmaki.pl\n5. Rules and Regulations – a set of regulations for making orders through KrakowskieSmaki.pl\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}