Terms and conditions

WEBSITE REGULATIONS

And Definitions

1. The parties to contracts for the provision of electronic services are: the Restaurant and the Customer who places the order in the Restaurant of their choice.
2. Restauracja – Schronisko Krupówki Bistro, i.e. COT company, Oskar Pieprzak; NIP: 7352282722; address: ul. Królowej Jadwigi 17, 34-400 Nowy Targ.
3. Customer – a natural person (including the Consumer) who is over 18 years of age and has full legal capacity, or a legal person or organizational unit with legal capacity. The customer may be a natural person who is over 13 years of age but under 18 years of age to the extent that he or she can acquire rights and incur obligations in accordance with the provisions of generally applicable law, i.e. in minor everyday matters, who places an order via the Restaurant’s website. .
4. User – a natural person with at least limited legal capacity, a legal person or an entity with legal capacity, that uses the IT System.
5. IT System – this is software used by the Restaurant through which the Customer can order the products offered by the Restaurant and services. This concept includes the website, Menu tab, Online Orders tab, through which the Customer can place orders.
6. Order – is a legal action performed via the IT System, during which the Customer expresses the will to purchase the ordered products and services in accordance with with their description and price.
7. Payment – an activity consisting in paying the price for the order in the selected method specified in the Regulations when placing the order. span>
8. Personal Data Controller – Schronisko Krupówki Bistro Restaurant, i.e. COT company, Oskar Pieprzak; NIP: 7352282722; address: ul. Królowej Jadwigi 17, 34-400 Nowy Targ.
9. Personal Data Processor – Schronisko Krupówki Bistro Restaurant, i.e. COT, Oskar Pieprzak; NIP: 7352282722; address: ul. Królowej Jadwigi 17, 34-400 Nowy Targ.

II General provisions

1. In the scope of services provided electronically, this document is the Regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
2. The Regulations are addressed to all Users and Customers who use the IT System.
3. The Restaurant, the User and the Customer undertake to comply with all provisions of the Regulations.
4. All information contained and displayed via the IT System, relating to goods and services, including their prices, does not constitute a commercial offer within the meaning of Art. 66 of the Civil Code, but the invitation to conclude a contract specified in Art. 71 of the Civil Code.
5. It is prohibited to use the IT System by the User and the Customer in a manner that is contrary to the law, decency or violating the legitimate interests of the Restaurant. In particular, the Customer and the User will not undertake any activities that could expose the Restaurant to any property or image damage.
6. The User and the Customer may not post illegal content on the website.
7. When placing an Order, the User becomes a Customer.
8. The customer declares that the data provided by him in the order form, in particular the address and e-mail address, are consistent, correct and complete. If false data or data that does not belong to the Customer is provided, the Restaurant may delete the Customer’s order and notify the appropriate state authorities.
9. If, as a consequence of the unlawful use of the Customer’s data, transactions are carried out using his data, the Restaurant is released from liability if the Customer has not notified the Restaurant about the unlawful use his data immediately after detecting this fact.
10. Granting consent to comply with these Regulations when starting the Service using the IT System is tantamount to full acceptance of the terms of the Regulations without the need to prepare a separate agreement.</ span>

III Reception and execution of orders

1. The condition for using the services of the IT System is to read and accept these Regulations.
2. When placing an order, the Customer undertakes to provide true and complete data required by the IT System and acknowledges that he is placing an order with the obligation to pay.</ span>
3. The restaurant reserves the right to confirm the order and the correctness of the data by telephone or e-mail. If there is no contact with the Customer, incomplete data, suspicion that the data is not true, belongs to third parties or the promotion applied is not due to the Customer, the Restaurant has the right to cancel the order giving a reason.
4. If the Customer placed an order using a promotion, price discount or other preferences to which he was not entitled, he undertakes to pay the full price. The restaurant has the right to verify the Customer’s eligibility to purchase goods and services on preferential terms during the order process.

IV Technical requirements

1. In order to receive the Service, the User and/or Customer must be equipped with appropriate terminal devices (telephone, computer, tablet) with an Internet connection.
2. Use of the System requires the User and/or Customer to have a device allowing access to the Internet, a Chrome, Safari, Edge, Firefox, Opera browser in the latest possible version.
3. Detailed information on the privacy policy, in particular the use of cookies, can be found in the Privacy Policy available to all Users and/or Customers on the website < a href=”http://www.schronisko.pl”>www.schronisko.pl in the Privacy Policy tab.
4. The technical condition for the proper use of the System and the services provided through it is to have an end device with access to the public Internet and an Internet Explorer-type web browser, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, Safari.

V Additional information regarding orders placed online

1. The contract between the Customer and the Restaurant is considered concluded only when the Restaurant confirms to the Customer that it has accepted the order.</ li>
2. The Restaurant has the right to cancel a confirmed order in cases of: a) violation of the rules described in point III of the Regulations; b) technical or organizational failures or limitations that prevent or significantly hamper the execution of the order; c) the lack of appropriate means or products to perform the order, which the Restaurant could not predict despite exercising due diligence; d) if there are justified doubts that the data provided by the Customer is false and belongs to third parties, the Customer does not have legal capacity within the meaning of civil law.
3. The Restaurant undertakes to immediately, if possible, post publicly available information via the IT System regarding any restrictions or inability to process Orders.</span >
4. The Restaurant confirms acceptance of the order by displaying appropriate information to the Customer on the screen of the device on which the Customer placed the order. Additionally, the Customer will receive an appropriate message by e-mail, and in special cases also by SMS. The performance of one of the above-mentioned activities by the Restaurant is tantamount to effectively providing the Customer with confirmation of acceptance of the order for processing.
5. The specified order processing time should be treated as planned and exceeding it by up to 80% is not treated as a failure to complete the order and does not constitute grounds for a complaint.
6. The Restaurant reserves the right to allow Customers to add alcoholic drinks to their cart.
7. The sale of alcohol via the IT System is only possible to persons over 18 years of age. The Restaurant reserves the right to check the Customer’s identity card to verify whether the person collecting the order is of legal age.
8. If it is found that the person receiving the alcohol is underage, the Restaurant has the right to refuse to serve the alcohol and cancel the order.
9. The sale of alcohol by the Restaurant takes place at the address of the Restaurant. A restaurant that allows you to order alcohol online declares that it has a license to sell alcohol.
10. The customer ordering alcohol via the IT System is obliged to collect the alcohol in person at the Restaurant. The customer has the option of appointing a representative to collect alcohol on his behalf.
11. The Customer’s representative to collect alcohol must be an adult, and granting a power of attorney is a mandatory condition for the execution of the order. The representative is obliged to present an ID card under penalty of refusal to issue the order.
12. The Customer’s representative may be the Courier, who is obliged to check the Customer’s ID to verify whether he is an adult.</ li>
13. The Restaurant is not liable for the Courier’s actions or omissions in connection with the granted power of attorney and the delivery of alcohol.
14. The Restaurant is not responsible for alcohol abuse by the Customer or his representative or for damage resulting from its consumption. By placing an order, the customer declares that he is aware of the harmful effects of excessive alcohol consumption and that he consumes it at his own risk.

VI Payment methods

1. When placing an order, the Customer selects one of the available payment methods: cash, card via the Restaurant’s payment terminal or payment via the Internet (hereinafter: online payments).
2. Settlement of the amount due by the Customer via online payment to the Restaurant is tantamount to fulfillment of the service by the Customer.
3. If payment is made via online payment, the Restaurant will accept the order only if the payment operator confirms receipt of funds. A document confirming that funds have been credited to the Customer’s account is not sufficient. If the Restaurant cancels the order paid for online, the Restaurant will refund the payment.
4. The Restaurant will request the refund of the payment no later than within 72 hours, provided that public holidays may extend this period, from receiving information about order cancellation and refund instructions. The date of refund is the date when the Restaurant submits the instruction to refund the amount due to the Payment Operator.
5. If the Customer places an order with cash payment, the Restaurant is responsible for the refund.
6. The Restaurant and the Online Payment System Operator reserve the right to refuse to process payments made by the Customer, in particular in the event of doubts as to the legality of the transaction, with in respect of which the payment is made or the legality of the payment itself. For the above reasons, the Restaurant and/or the Online Payment System Operator may refuse to collect the payment.
7. The Restaurant and the Online Payment System Operator are not responsible for delays in transferring payments or authorization responses caused by reasons arising after the Customer submits the payment instruction, and also for non-execution and delay in the transfer of due funds or data verification, in particular caused by the Customer providing incorrect or incomplete data that makes it impossible to complete the payment transaction, as well as for delays resulting from other events beyond the control of the Restaurant or the Online Payment System Operator.</span >
8. The Restaurant will issue appropriate documents to the Customer confirming the sale within the statutory deadline.
9. In case of questions or doubts, the Customer should contact the Restaurant by phone or e-mail.
10. The Online Payment Operator is VIVA PAYMENT SERVICES SINGLE MEMBER S.A. Tax Identification Number 997671771.

VII Right to withdraw from the contract by the Customer

1. Before the Restaurant provides the service, the Customer may withdraw from the contract without giving any reason, and this right may be exercised until the Restaurant will not proceed with the order.
2. In order to exercise the right to withdraw from the contract, the Customer undertakes to inform the Restaurant immediately after placing the order, but no later than when its execution begins. by the Restaurant and by way of an unambiguous declaration by telephone contact with the Restaurant. After this time, the order cannot be canceled or changed unless the Restaurant consents. Informing the Restaurant about your intention to withdraw from the contract via e-mail is not sufficient for effective withdrawal from the contract.
3. If the Customer paid via online payment, the funds will be refunded by the Restaurant immediately upon receipt of the refund order from the Restaurant, but no later than within 14 business days.

VIII Intellectual property and licenses

1. The appearance of the IT System, content and source code are protected by Polish and international copyright law.
2. Downloading and copying content from the IT System is permitted only for private use in order to better understand the information.</ li>
3. None of the parts of the IT System, including these Regulations, may be distributed and/or reproduced without the owner’s knowledge.</ li>

IX Complaints

1. Complaints regarding the Order, the presented Offer, Delivery should be directed directly to the Restaurant to which the complaint relates.
2. A complaint regarding the Restaurant’s services will be considered by the Restaurant immediately, but no later than within 14 business days from the date of receipt of the complaint.</ li>
3. The complaint should include the Customer’s identifying data, telephone number, e-mail address, date of order placement, order fulfillment date, indicated order fulfillment address, Customer login. and a detailed description of the objections submitted.
4. Complaints regarding the services provided by the Restaurant should be sent via email to info@schronisko.pl.
5. If the data or information provided in the complaint is incomplete or for the purpose of full clarification, the Restaurant will ask for it to be supplemented before considering the complaint. The time for considering the complaint is extended until the data is completed by the Customer submitting the complaint.

XI Personal data protection

1. Detailed information on the principles of personal data processing is available in the Privacy Policy tab.

XII Description of threats

According to Art. 6 point 1 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), the Restaurant informs about specific risks related to the use by Users and Customers from services provided electronically by the Restaurant as part of the use of Electronic Services. The information concerns threats that Restaurants identify as potential threats that should be taken into account despite systems protecting the infrastructure against unauthorized influence of third parties: 1. possibility of receiving spam, i.e. unsolicited advertising (commercial) information transmitted electronically, 2. possibility of malware operation (malware, Internet worms) in a network environment distributed through code replication, 3. possibility of breaking security in order to obtain personal and confidential information for the purpose of identity theft, by sending false electronic messages resembling authentic messages, 4. possibility of unauthorized eavesdropping by using a program computer whose task is to intercept and possibly analyze data flowing on the network (spyware), 5. installing software used to use the Services from sources other than those authorized by the Service Provider, which, despite the actions taken to minimize the possibility of sharing modified by third parties software version, may contain malware.

XIII Final Provisions

1. In matters not regulated by the Regulations, the provisions of generally applicable law shall apply.
2. The Restaurant reserves the right to change these Regulations without notifying Customers. The change to the Regulations comes into force within 2 days from the date of publication. Lack of acceptance of the new wording of the Regulations is tantamount to the inability to use the Website.
3. The Regulations do not exclude or limit any rights of the Customer who is a consumer, which he is entitled to under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and mandatory legal provisions granting rights to consumers, these provisions shall prevail.
4. As part of the use of the Services, the User and the Customer are prohibited from providing illegal content, including: a) information and data prepared in a way that creates risk of breach of IT security or stability of the System; b) information violating intellectual property rights, including copyrights and trademark rights of the Restaurant or third parties; c) other information and data violating mandatory provisions of law.