Terms and Conditions -

The parties to the contracts for the provision of electronic services are: Partner Restaurant and the Customer fulfilling the order in the Partner Restaurant of their choice.
Partner Restaurant – MOGOVA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, MARSZAŁKOWSKA 86/68, 00-683 WARSZAWA, PL, NIP: 7011037016. On behalf and for the account of the Partner Restaurant, a Trade Agent in the form of Restaumatic SA, 41-800 Zabrze, ul. Wolności 345, NIP: 648-276-55-71, who is authorized to receive declarations of will, accept benefits and conclude contracts on behalf of and for the account of the Partner Restaurant as part of the IT System for handling catering orders under the name Skubacz.pl and/ or Restaumatic.com.
Customer – a natural person (including a Consumer) who is over 18 years old and has full legal capacity, or a legal person or organizational unit with legal capacity. A customer may be a natural person who is over 13 years old, but under 18 to the extent that he can acquire rights and incur liabilities in accordance with the provisions of generally applicable law, i.e. in minor current matters of everyday life, who places an order via the Restaurant’s website partnership.
User – a natural person with at least limited legal capacity, a legal person or an entity with legal capacity that uses the IT System.
Agent – Restaumatic SA with its registered office in Zabrze (41-800) at ul. Wolności 345, entered into the Register of Entrepreneurs – National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register under KRS number 0001016935, NIP 6482765571, REGON 242895699, share capital and paid-in capital: PLN 149,400.00, which is also the system provider IT company operating under the name Skubacz.pl and/or Restaumatic.com, acting on behalf of and for the benefit of the Partner Restaurant only.
IT System – is software used by the Partner Restaurant through which the Customer can order products and services offered by the Partner Restaurant under the name Skubacz.pl and/or Restaumatic.com. This term includes the website, the Active Menu tab, the QR Waiter service and the Mobile Application through which the Customer can place orders.
Order – is a legal act made via the IT System, during which the Customer expresses the will to purchase the ordered products and services in accordance with their description and price.
Payment – the act of paying the price for the order in the selected manner specified in the Regulations when placing the order.
Personal Data Administrator – MOGOVA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, MARSZAŁKOWSKA 86/68, 00-683 WARSZAWA, PL, NIP: 7011037016.
The Personal Data Processor – Restaumatic SA with its registered office in Zabrze (41-800) at ul. Wolności 345, entered into the Register of Entrepreneurs – National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register under KRS number 0001016935, NIP 6482765571, REGON 242895699, share capital and paid-in capital: PLN 149,400.00, email: contact@restaumatic .com.

II. General provisions

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).
The Regulations are addressed to all Users and Customers who use the IT System.
The Agent, Partner Restaurant, User and Customer undertake to comply with all provisions of the Regulations.
All information contained and displayed through the IT System, relating to goods and services, including their prices, do 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.
It is forbidden to use the IT System by the User and the Customer in a manner contrary to the law, decency or infringing the legitimate interests of the Partner Restaurant and the Agent. In particular, the Customer and the User will not take any actions that could expose the Partner Restaurant or the Agent to any material or image damage.
The User and the Customer may not post illegal content on the website.
At the time of placing the Order, the User becomes a Customer.
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. In the event of providing false data or data not belonging to the Customer, the Partner Restaurant may notify the Agent of this fact, who may immediately remove the Customer’s order and notify the relevant state authorities.
If, as a consequence of the unlawful use of the Customer’s data, transactions are carried out using his data, the Partner Restaurant and the Agent are released from liability if the Customer did not notify the Partner Restaurant of the unlawful use of his data immediately after discovering this fact.
Expressing consent to comply with these Regulations when launching the Service using the IT System is tantamount to full acceptance of the Regulations without the need to draw up a separate agreement.

III Acceptance and implementation of orders

The condition for using the services of the IT System is to read and accept these Regulations.
By placing an order, the Customer undertakes to provide his true and complete data required by the IT System and acknowledges that he places an order with the obligation to pay.
Partnerska Restaurant reserves the right to confirm the order and the correctness of the data by phone or e-mail. In the absence of 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 Partner Restaurant has the right to cancel the order, giving the reason.
If the Customer placed an order using a promotion, price discount and other preferences to which he was not entitled, he undertakes to pay the full price. The Partner Restaurant has the right to verify the Customer’s authorization to purchase goods and services on preferential terms during the execution of the order.

IV Technical requirements

In order to receive the Service, the User and/or the Customer must be equipped with appropriate end devices (telephone, computer, tablet) with an Internet connection.
The use of the System requires the User and/or the Customer to have a device that allows access to the Internet, Chrome, Safari, Edge, Firefox, Opera browsers in the latest possible version.
Detailed information on the privacy policy, in particular the use of cookies, is contained in the Privacy Policy available to all Users and/or Customers on the website: mayara.pl [restaurant website, privacy policy tab].
The technical condition for the proper use of the System and the services provided through it is to have a terminal device with access to the public Internet and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, Safari.

V Additional information regarding orders placed via the Internet

The contract between the Customer and the Partner Restaurant is considered concluded only when the Partner Restaurant confirms to the Customer that the order has been accepted for execution, specifying the time of delivery or collection of the order.
The Partner Restaurant and the Agent have the right to cancel the confirmed order in cases of: a) violation of the rules described in point III of the Regulations; b) failures or technical or organizational limitations that prevent or greatly impede the execution of the order; c) the lack of appropriate means or products to perform the order, which the Partner Restaurant could not have foreseen despite exercising due diligence; d) in the event of reasonable doubts that the data provided by the Customer are untrue, belong to third parties, the Customer does not have legal capacity within the meaning of civil law.
The Partner Restaurant undertakes to immediately, if possible, post publicly available information via the IT System about the existing restrictions or the inability to execute Orders.
The Partner Restaurant confirms the acceptance of the order by displaying the appropriate information to the Customer on the screen of the device on which the Customer placed the order. In addition, the Customer will receive an appropriate message by e-mail, in special cases also by SMS. The performance of one of the above-mentioned activities by the Partner Restaurant is tantamount to effective transfer to the Customer of the confirmation of acceptance of the order for execution.
The given order completion time should be treated as planned and exceeding it by 80% is not considered a failure to complete the order and does not constitute grounds for a complaint.

VI Payment methods

When placing an order, the customer selects one of the available payment methods: cash, card through the payment terminal of the Partner Restaurant or payment via the Internet (hereinafter: online payments).
The Customer’s settlement of the amount due via online payment to the Agent is tantamount to the fulfillment of the Customer’s service to the Partner Restaurant.
In the case of payment via online payment, the Partner Restaurant will accept the order for execution only when the Agent confirms the receipt of funds. A document confirming the crediting of funds to the Customer’s account is not sufficient. In the event that the Partner Restaurant cancels the order paid for via online payment, the Agent will refund the payment at the request of the Partner Restaurant.
The Agent will order the return of the payment no later than within 72 hours, with the proviso that non-working days may extend this period, from the date of receipt by the Agent of information about the cancellation of the order and the instruction to return the funds. The date of the return shall be the date on which the Agent submits an order to return the amount due to the Payment Operator.
If the Customer places an order with a cash payment, the Partner Restaurant is responsible for the refund, and the Agent is not responsible for the refund by the Partner Restaurant.
The Agent, as a partner of the Online Payment System Operator, and the Online Payment System Operator reserve the right to refuse to handle payments made by the Customer, in particular in the event of doubts as to the legality of the transaction for which the payment is made or the legality of the payment itself. For the above reasons, the payment collection may be refused by the Agent and/or the Online Payment System Operator.
The Agent and the Online Payment System Operator shall not be liable for delays in transferring payments or authorization responses, caused by reasons arising after the Customer has submitted a payment order, as well as for failure to complete or delay in transferring due funds or verifying data, in particular due to incorrect or incomplete data that make it impossible to complete the payment transaction, as well as for delays resulting from other events beyond the control of the Agent or the Online Payment System Operator.
The Partner Restaurant will issue relevant documents to the Customer confirming the sale within the period provided for by law.
In case of questions or doubts, the Customer should contact the Partner Restaurant by phone or e-mail.

VII Right to withdraw from the contract by the Customer

Prior to the performance of the service by the Partner Restaurant, the Customer may withdraw from the contract without giving any reason, and this right may be exercised until the Partner Restaurant does not proceed with the order.
In order to exercise the right to withdraw from the contract, the Customer undertakes to inform the Partner Restaurant about it immediately after placing the order, but no later than until the Partner Restaurant begins its implementation and by an unequivocal statement by telephone contact with the Partner Restaurant. After this time, the order cannot be canceled or changed, unless the Partner Restaurant agrees. Informing the Partner Restaurant about the desire to withdraw from the contract by e-mail is not sufficient to effectively withdraw from the contract.
If the Customer made the payment via online payment, the funds will be returned by the Agent immediately from the moment of receipt of the return order from the Partner Restaurant, but no later than within 14 business days.

VIII Intellectual Property and Licenses

The appearance of the IT System, content and source code are protected by Polish and international copyright law.
Downloading content from the IT System and copying it is allowed only for private use, in order to better familiarize yourself with the information.
None of the parts of the IT System, including these Regulations, may be distributed and/or reproduced without the knowledge of the owner.

IX Complaints

Complaints regarding the Order, presented Offer, Delivery should be addressed directly to the Partner Restaurant to which the complaint relates. The Agent does not consider complaints regarding the services provided by the Restaurant.
The complaint regarding the Restaurant’s services will be considered by the Restaurant immediately, but not later than within 14 working days from the date of receipt of the notification.
The complaint regarding the Agent’s services shall be considered by the Agent immediately, but not later than within 14 working days from the date of receipt of the notification.
The complaint should contain the Customer’s identification data, telephone number, e-mail address, date of placing the order, date of order completion, indicated address for order processing, Customer’s login and a detailed description of the reservations made.
Complaints regarding the services provided by the Agent should be sent via email to contact@restaumatic.com or in writing to the address of Restaumatic.com, i.e. Restaumatic SA, ul. Wolności 345, 41-800 Zabrze.
Complaints regarding the services provided by the Restaurant should be sent via email to the address ** info@mogova.pl **.
If the data or information provided in the complaint is incomplete or for the purpose of full explanation, the Restaurant and/or the Agent will request their supplementation before considering the complaint. The time of considering the complaint is extended until the Customer submitting the complaint completes the data.
The agent recognizes the complaint within 14 days from the date of its receipt in the correct form. The agent may refuse to consider complaints submitted after 90 days from the discovery of the reasons for the complaint.
The response to the complaint submitted to the Agent is sent only to the postal address or e-mail address indicated in the complaint itself.

X Adding opinions/comments

The Partner Restaurant gives the Customer the opportunity to evaluate the performance of the contract and delivery, in particular through the possibility of giving opinions about the Restaurant.
Opinions are publicly visible along with the Customer’s name.
The name is taken from the order placed by the Customer.
By adding an opinion, the Customer declares that he is aware of the fact that opinions are not anonymous.
The opinion may be removed by the Customer at any time. This requires sending an e-mail to the e-mail address of the Partner Restaurant.

XI. Personal data protection

Detailed information on the principles of personal data processing is available in the Personal Data Protection/Privacy tab.

XII Description of threats

Pursuant to Art. 6 point 1 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), the Agent informs about the specific risks associated with the use by Users and Customers from services provided electronically by the Agent as part of using Electronic Services. The information concerns threats that the Agent identifies as potential threats, which should be taken into account despite the systems protecting the infrastructure against unauthorized third party influence: 1. the possibility of receiving spam, i.e. unsolicited advertising (commercial) information sent electronically, 2. the possibility of malware (malware, Internet worms) in a network environment distributed by code replication, 3.

XIII Final Provisions

In matters not covered by the Regulations, the provisions of generally applicable law shall apply.
The Agent reserves the right to change these Regulations without notifying the Clients. The amendment 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.
The Regulations do not exclude or limit any rights of the Customer who is a consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting consumers rights, priority shall be given to these provisions.
As part of using the Services, it is forbidden for the User and the Customer to provide unlawful content, including: a) information and data prepared in a way that poses a risk of violating the IT security or stability of the System; b) information infringing intellectual property rights, including copyrights and rights to trademarks of the Agent and the Partner Restaurant or third parties; c) other information and data violating the mandatory provisions of law.

As of 2023-06-12