These Regulations define the general conditions, rules and method of providing services by electronic means by the company Wszamaj.to Sp. z o.o. with its registered office at ul. Księcia Witolda 49/15, 50-202 Wrocław, registered by the District Court for Wrocław – Fabryczna in Wrocław, VI Commercial Division of the National Court Register, under the number: 0001102643, NIP: 8982307080, REGON: 528467781, hereinafter referred to as the "Service Operator", via the website www.wszamaj.to (hereinafter referred to as: "Online Service").
Regulations - these regulations of the Online Service.
Online Service - the website available at www.wszamaj.to, through which the Service Operator provides services by electronic means.
User - any natural person using the Online Service to browse restaurant offers and place online orders.
Restaurant - an entity conducting gastronomic activity, which has concluded an agreement with the Service Operator and placed its profile in the Online Service.
Restaurant Profile - a page in the Online Service containing information about the Restaurant, its menu, opening hours and other important details.
Order - an order for gastronomic products placed by the User via the Online Service.
Agreement - an agreement between the Service Operator and the Restaurant regarding the placement of the Restaurant profile in the Online Service and the provision of services by electronic means.
Force Majeure – an external, sudden, unpredictable and impossible to prevent event, independent of the parties, in particular: natural disasters, fires, floods, power and telecommunications grid failures, strikes, actions of public authorities, epidemics, pandemics, riots, wars, and other random events that prevent or significantly hinder the implementation of the Agreement.
Online payment systems - payment methods available in the Online Service, including:
PayU - an online payment system enabling the implementation of payments for orders, operated by PayU S.A. with its registered office in Poznań, ul. Grunwaldzka 182, 60-166 Poznań, registered by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division under KRS number: 0000274399.
Scope of the regulations - These Regulations define the rules for using the Online Service, including conditions for providing services by electronic means by the Service Operator and the rights and obligations of Users and Restaurants.
Acceptance of the Regulations - Use of the Online Service is equivalent to acceptance of these Regulations. Users and Restaurants are obliged to comply with the provisions of the Regulations.
Purpose of the Service - The Online Service aims to enable Users to browse Restaurant offers, place online orders and facilitate Restaurants to publish their offers and fulfill orders.
Service Operator - The Service Operator is Wszamaj.to Sp. z o.o. with its registered office at ul. Księcia Witolda 49/15, 50-202 Wrocław, NIP: 8982307080, REGON: 528467781.
Service Availability - The Service Operator makes every effort to ensure that the Service is available 24 hours a day, but is not responsible for interruptions in the functioning of the Service resulting from reasons beyond the Service Operator's control, including force majeure, technical failures or actions of third parties.
Data Security - The Service Operator ensures the security of data processed in the Service in accordance with applicable legal regulations regarding personal data protection.
3.1.1. In order to use the full functionality of the Online Service, Users and Restaurants must register in the Service.
3.1.2. Registration is done by filling out the registration form available on the Service page and accepting these Regulations.
3.1.3. The User and Restaurant are obliged to provide true and up-to-date data during registration.
3.1.4. The account will become active after clicking the activation link sent to the e-mail address provided during registration.
3.1.5. The User can place an order without having an account, however, using some functionalities of the Service may require creating an account.
3.1.6. After successful registration, the User and Restaurant receive access to their account, with which they can log into the Service.
3.1.7. The User and Restaurant are obliged to maintain the confidentiality of their password and not to share it with third parties.
3.2.1. Users are obliged to use the Service in a manner consistent with these Regulations and applicable law.
3.2.2. Users are obliged to provide true and up-to-date information when placing orders.
3.2.3. Restaurants are obliged to provide up-to-date information about their offer, including menu, opening hours and other important details.
3.2.4. Restaurants are obliged to fulfill orders in accordance with the information provided in the Service and applicable law.
3.2.5. Users and Restaurants are obliged not to take actions that may interfere with the operation of the Service or otherwise harm the Service Operator.
3.3.1. It is prohibited to use the Service in a manner that is contrary to these Regulations, applicable law or principles of social coexistence.
3.3.2. It is prohibited to take actions aimed at bypassing the Service's security measures or obtaining unauthorized access to the Service's resources.
3.3.3. It is prohibited to place unlawful content in the Service, including offensive, vulgar, inciting hatred, violating the rights of third parties or other illegal content.
3.3.4. It is prohibited to take actions that could disrupt the operation of the Service, including sending spam, viruses or other harmful computer codes.
3.3.5. In case of violation of the above prohibitions, the Service Operator has the right to take appropriate action, including blocking access to the User or Restaurant account and terminating the agreement with immediate effect.
4.1.1. The Online Service enables Users to browse restaurant profiles, which contain information about the gastronomic offer, menu, opening hours, address and other important details.
4.1.2. Users can search for restaurants according to various criteria, such as location, type of cuisine, ratings from other Users, etc.
4.1.3. Information about allergens posted in the Service comes from Restaurants. The Service Operator does not guarantee their completeness or timeliness and is not responsible for the effects resulting from their irregularities.
4.2.1. Users can place orders for gastronomic products offered by restaurants via the Online Service.
4.2.2. Orders can be placed by registered Users and by Users without an account.
4.2.3. The order process includes selecting products from the restaurant menu, adding them to the cart, providing contact details and choosing a payment method.
4.2.4. The User receives an order confirmation to the e-mail address provided during the order placement.
4.3.1. The Online Service enables making payments for orders via online payment systems, such as PayU and payment cards.
4.3.2. The online payment operator, PayU S.A. with its registered office in Poznań, ul. Grunwaldzka 182, 60-166 Poznań, registered by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division under KRS number: 0000274399, handles all payment transactions carried out in the Online Service.
4.4.1. The Service Operator provides technical support for Users and Restaurants regarding the functioning of the Online Service.
4.4.2. Any reports regarding technical problems can be directed to the Service Operator via the contact form available on the Service page.
4.5.1. The Online Service enables restaurants to publish information about current promotions and discounts available to Users.
4.5.2. Users can use discount codes shared by restaurants during order placement.
5.1.1. The User selects products from the menu of restaurants available in the Online Service and adds them to the cart.
5.1.2. After completing the product selection, the User goes to the cart, where they can verify the selected products and their quantities.
5.1.3. The User provides contact details and chooses a preferred payment method.
5.1.4. The User can place an order without having an account in the Online Service, however, registration and logging in may be required to use some functionalities.
5.1.5. After placing an order, the User receives an order confirmation to the e-mail address provided during the order placement.
5.1.6. The User has the possibility to track the status of the order via the Online Service.
5.1.7. In case of choosing the payment on delivery option (COD), the User is obliged to:
a) to settle the payment in accordance with the amount indicated in the Order
b) to answer phone calls from the Restaurant in order to confirm or improve the implementation of the Order,
c) to be present at the indicated delivery address at the determined delivery time.
Failure to fulfill the above obligations may result in refusal to implement subsequent orders or other consequences provided for in the Regulations.
5.1.8. In the case of orders paid in advance, if the User provides incorrect address or contact details, preventing the delivery of the Order, or is not present at the indicated address at the determined delivery time, and delivery proves impossible due to the User's fault, the amount paid for the Order is not refundable.
5.2.1. The Restaurant is obliged to fulfill orders in accordance with the information provided in the Online Service, including according to the product description, its price and implementation time.
5.2.2. The Restaurant has the obligation to regularly update its menu and product availability in the Online Service.
5.2.3. The Restaurant is obliged to inform Users about any delays or problems with the implementation of the order.
5.2.4. The Restaurant is responsible for the quality and compliance of products delivered to Users.
5.2.5. In case of cancellation of the Order by the User, the Restaurant will return the funds paid only in situations provided for in these Regulations and in accordance with applicable law.
5.3.1. Users can make payments for orders via online payment systems available in the Online Service, such as PayU.
5.3.2. The Service Operator reserves the right to charge each User who placed an Order a service fee. The amount of the service fee is determined by the Service Operator and brought to the User's attention before placing the Order.
5.4.1. Through the Service, it is possible to place Orders covering products subject to age restriction, in particular alcoholic beverages and tobacco products, in accordance with applicable law.
5.4.2. Placing an Order covering products subject to age restriction is equivalent to a declaration by the User that they have completed 18 years of age and have full legal capacity.
5.4.3. The Restaurant or the entity implementing the delivery has the right, and in cases provided for by law – the obligation, to verify the User's age by requesting the presentation of a valid identity document at the time of receiving the Order.
5.4.4. In case of refusal to show the identity document, lack of possibility to confirm the User's adulthood or finding that the User does not meet the age requirements, the Restaurant or delivery man are entitled to refuse to issue the Order.
5.4.5. In the situation referred to in point 5.4.4, the Order is considered not implemented due to the User's fault, and the amount paid is not refundable. The User bears the full costs of the Order and delivery.
6.1.1. The User has the right to submit a complaint in case of improper implementation of the order, non-compliance of the order with the description or other problems related to services provided by the Online Service.
6.1.2. Complaints regarding orders should be directed directly to the Restaurant that implemented the order. Contact to the Restaurant is located on the Restaurant profile in the Online Service.
6.1.3. The complaint should contain the User's data, order number, description of the problem and the User's demands.
6.2.1. The Restaurant is obliged to consider the complaint submitted by the User within 14 days from the date of its receipt.
6.2.2. The Restaurant will inform the User about how the complaint was considered via e-mail or by phone.
6.2.3. In case the complaint is found to be justified, the Restaurant is obliged to take appropriate actions aimed at satisfying the User's claims, such as returning the payment, replacing the product or other agreed solution.
6.3.1. In case of problems related to the operation of the Online Service, the User can submit complaints directly to the Service Operator.
6.3.2. The Service Operator is obliged to consider the complaint within 14 days from the date of its receipt.
6.3.3. The Service Operator will inform the User about the method of considering the complaint via e-mail or by phone.
6.4.1. In case of problems related to payments made via the Online Service, the User can submit complaints to the Service Operator or directly to the online payment operator, such as PayU.
6.4.2. The Service Operator and the payment operator are obliged to consider the complaint within 14 days from the date of its receipt.
6.5.1. Responsibility for considering complaints regarding the implementation of orders rests with the Restaurant.
6.5.2. Responsibility for considering complaints regarding the operation of the Online Service and payments rests with the Service Operator.
6.5.3. The Service Operator can mediate in the transfer of funds as part of a recognized complaint, however, it is not the party responsible for the validity of claims regarding Orders implemented by Restaurants.
7.1. When ordering Products via the Service, the User may be entitled to certain rights, including statutory rights. Without prejudice to these rights (which, if applicable, will not be changed by the following provisions), the User cannot withdraw from the Agreement in a situation where the goods included in the Offer are perishable (Art. 38 point 4 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827)), have been individually prepared according to the User's specifications, cannot be returned due to health protection or for hygienic reasons, or when the goods after delivery have been inseparably linked with other things.
7.2. Withdrawal from the concluded Agreement before its actual implementation begins is possible without giving any reason by direct contact with the Restaurant
7.3. The Service Operator indicates to the User that the Restaurant is entitled to withdraw from the Agreement, in the case of:
a. the occurrence of force majeure preventing the implementation of the Agreement,
b. obsolescence of the Offer posted in the Service in a situation where the User has not agreed to an alternative regarding the Order proposed by the Restaurant,
c. providing by the User an incorrect or unattainable phone number or delivery address.
7.4. In case of withdrawal from the Agreement by either party, it is treated as not concluded. The Restaurant will refund the payment paid by the User using the same method of payment used by the User. The refund can be made technically by the Service Operator acting on behalf and on commission of the Restaurant.
7.5. In case of placing a false Order by the User or non-performance of the Agreement by them (in particular by not paying for it or absence at the delivery place or at the pick-up point in order to pick up the ordered products), the Service Operator is entitled to refuse to accept any future Orders from such User.
7.6. The Service Operator is entitled to immediately reject Orders placed by Users if there is a justified doubt as to their correctness or authenticity. In case of justified suspicion of committing a crime, the Service Operator is obliged to notify the appropriate law enforcement authorities about this fact.
7.7. The Service Operator can temporarily or permanently block the possibility of placing Orders by the User in case of abuse, multiple failure to pick up Orders, providing false data or activities contrary to the Regulations.
8.1.1. The User has the right to use the services of the Online Service in accordance with the provisions of these Regulations.
8.1.2. The User is obliged to provide true and up-to-date data during registration and order placement.
8.1.3. The User has the right to submit complaints and withdraw from the agreement under the conditions specified in the Regulations.
8.1.4. The User is obliged to use the Service in a manner consistent with applicable law and principles of social coexistence.
8.2.1. The Restaurant has the right to post its offer in the Online Service and to receive orders from Users.
8.2.2. The Restaurant is obliged to regularly update its offer, including menu, prices and product availability.
8.2.3. The Restaurant has the obligation to fulfill orders in accordance with the information provided in the Service and with applicable law.
8.2.4. The Restaurant is responsible for the quality and compliance of products delivered to Users.
8.2.5. The Restaurant has the right to submit complaints regarding the operation of the Online Service and to withdraw from the agreement under the conditions specified in the Regulations.
8.3.1. The Administrator has the right to manage the Online Service and to introduce changes in its functioning and offer.
8.3.2. The Administrator is obliged to ensure the continuity of the Service's operation and to consider complaints submitted by Users and Restaurants.
8.3.3. The Administrator has the right to delete the User or Restaurant account in case of violation of the provisions of the Regulations.
8.3.4. The Administrator is not responsible for the non-performance or improper performance of obligations by the Restaurants, except for the situation where the non-performance or improper performance of obligations results from the action or omission of the Administrator.
8.3.5. The Administrator is not responsible for content published by Restaurants, including product descriptions, prices, photos, allergen information and offer availability, except for cases where such responsibility results directly from mandatory legal regulations.
8.4.1. The User is responsible for providing incorrect contact data or delivery address, which may result in the impossibility of implementing the order.
8.4.2. The Restaurant is responsible for the quality and compliance of products delivered to Users and for the timely implementation of orders.
8.4.3. The Administrator is responsible for the proper functioning of the Online Service and for considering complaints related to the operation of the Service.
8.4.4. In case of non-performance or improper performance of obligations by either party, the liability of the party is limited to the amount of the actual damage suffered by the other party, excluding lost profits, subject to liability, whose exclusion or limitation is unacceptable under mandatory legal regulations.
9.1. Placing an Order by the User is equivalent to the obligation to make payment for the Order in the amount specified in the Service, including the price of products and any delivery costs.
9.2. Before placing an Order, the User is each time informed about the total amount to be paid, including all additional fees, in accordance with applicable legal regulations.
9.3. Payments in the Service are made via external electronic payment operators, in particular PayU, as well as by other methods shared by Restaurants, such as payment in cash or by card on delivery, provided that a given Restaurant allows such form of payment.
9.4. The Service Operator acts as an intermediary in receiving and technically processing payments made by Users to Restaurants (collection).
9.5. The seller of products offered via the Service is the Restaurant implementing the Order. The Service Operator is not a party to the sales agreement concluded between the User and the Restaurant.
9.6. In case of the necessity to make a refund, the responsibility for the validity, scope and decision on making a refund rests with the Restaurant that implemented the Order.
9.7. The refund of funds can be made technically by the Service Operator, acting on behalf and on commission of the Restaurant, via the same payment system that the User used when placing the Order, unless legal regulations provide otherwise.
9.8. The Service Operator is not responsible for the refusal of a refund by the Restaurant, as long as this refusal is in accordance with applicable legal regulations and the provisions of these Regulations.
9.9. In case of a recognized complaint, it is possible to refund all or part of the paid amount, depending on the scope of the recognized complaint.
9.10. The refund of funds, if due, occurs immediately, no later than within 14 days from the date of the decision to recognize the complaint or cancel the Order, unless legal regulations provide otherwise.
9.11. The Restaurant, publishing its offer in the Service, authorizes the Service Operator to receive online payments from Users and to make – in its name – technical refunds of money resulting from the implementation of Orders.
10.1.1. The Service Operator processes personal data of Users and Restaurants in accordance with applicable legal regulations, in particular with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (GDPR).
10.1.2. Personal data of Users and Restaurants are processed in order to implement agreements concluded via the Service, including order fulfillment, complaint handling, as well as for marketing purposes if the User or Restaurant has agreed to it.
10.1.3. Providing personal data is voluntary, however, necessary to use the full functionality of the Service, including order placement and concluding agreements.
10.1.4. Provided personal data may be shared by the Service Operator with entities authorized to obtain the above information, as well as companies cooperating with the Service Operator, in order to implement the agreement. The provided data will be processed in accordance with the content of the General Data Protection Regulation (GDPR).
10.2.1. Detailed information regarding the processing of personal data by the Service Operator, including the rights of the persons concerned, are contained in the Privacy Policy available on the Service's website.
10.2.2. The User and Restaurant have the right to access their personal data, rectify them, delete them, limit processing, transfer data and object to the processing of personal data.
10.2.3. The User and Restaurant have the right to lodge a complaint with the supervisory authority if they find that the processing of personal data violates legal regulations.
10.2.4. The Service Operator applies appropriate technical and organizational measures ensuring the security of the processed personal data, in particular security against unauthorized access, loss of data, their destruction or unauthorized modification.
11.1.1. The Service Operator reserves the right to introduce changes to these Regulations.
11.1.2. Any change to the Regulations will be communicated to Users and Restaurants via the Service or e-mail at least 14 days before the changes take effect.
11.1.3. Changes to the Regulations take effect within the period indicated by the Service Operator, not less than 14 days from the date of their publication. Use of the Service after the introduction of changes is equivalent to acceptance of the new wording of the Regulations.
11.2.1. In matters not regulated by these Regulations, the provisions of Polish law apply.
11.2.2. Any disputes arising from the implementation of the agreement will be resolved by the competent common courts in accordance with the provisions of Polish law.
11.3.1. Users and Restaurants can contact the Service Operator via the contact form available on the Service page, by sending an e-mail to kontakt@wszamaj.to
11.4.1. The Regulations constitute an integral part of the legal relations between the User, Restaurant and Service Operator.
11.4.2. If any of the provisions of these Regulations proves invalid or ineffective, the remaining provisions remain in force, and the invalid or ineffective provision will be replaced by a provision as close as possible to the purpose and economic effects of the invalid or ineffective provision.
11.4.3. These Regulations take effect on 25.05.2024