§ 1 Definitions
1) "Da Grasso Application (Application)" - the Application for the Android operating system and the Application for the iOS operating system.
2) “Android Application" - computer software for the Android operating system that can be downloaded by the User via the Google Play platform, installed in the memory of the User’s End Device, through which the Service is provided.
3) “iOS Application" - computer software for the iOS operating system that can be downloaded by the User via the App Store platform, installed in the memory of the User’s End Device, through which the Service is provided.
4) “Civil Code” - the Act of 23 April 1964 - Civil Code (Journal of Laws of 2017, item 933, as amended).
5) “Code of Civil Procedure” - the Act of 17 November 1964 - Code of Civil Procedure (Journal of Laws of 2017, item 67, as amended).
6) “Consumer" - a User who is a natural person entering into a legal transaction with the Operator / Restaurant Keeper which is not related directly to the person’s business or occupation.
7) "Operator" - owner of the Website and the Application, i.e. the company under the name of "DA GRASSO" sp. z o.o. with its registered office in Warsaw at Al. Jana Pawła II 18 unit 120, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Department, under National Court Register number (KRS) 0000270637, tax identification number (NIP) 723-206-64-45, business statistical number (REGON) 100289641.
8) “Meals” - meals, drinks and other foods offered by each Restaurant.
10) “Restaurant” - a food service outlet owned by the Restaurant Keeper.
12) “Website" - a website available at URL https://www.dagrasso.pl (including all subpages) through which Services are provided.
13) “Sales Contract" - a contract for the sale of Meals, within the meaning of the Civil Code, concluded between the Restaurant Keeper and the User with the use of the Website or the Application.
14) “End Device” - a portable device such as smartphone, tablet or palmtop running under the Android or iOS operating system, through which the User uses the Website or the Application.
16) “Act on Consumer Rights" - the Act of 30 May 2014 on consumer rights (consolidated text of 9 March 2017, Journal of Laws of 2017, item 683), as amended).
17) “Act on the Provision of Services by Electronic Means” - the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 9 June 2017, Journal of Laws of 2017, item 1219, as amended).
18) “User" - a natural person of at least 13 years of age, with the proviso that where such person is under 18 years of age a consent of the person’s statutory representative is required, or a corporate or unincorporated body vested with legal capacity by specific provisions, placing an Order.
19) “Order" - the User’s declaration of intent leading directly to the conclusion of a Sales Contract for Meals, defining in particular the type and number of Meals. An Order is placed by the User with the Restaurant Keeper through the Website or the Application.
§ 2 General Provisions
1. The Website operating at www.dagrasso.pl and the Application available on the Google Play and App Store platforms are run by the Operator.
a. the terms and conditions for the placement of Orders by Users;
b. the rules for concluding Sales Contracts for Meals.
5. The Operator is not a party to Sales Contracts for Meals offered by a Restaurant, made by the User through the Website and the Application. The parties to such Sales Contracts are the User and the Restaurant Keeper running the Restaurant selected by the User.
6. The Operator shall only provide the User with tools in the form of the Website and the Application with which to conclude Sales Contracts for Meals with the Restaurant Keeper. Moreover, the Operator is not an intermediary in transmitting any declarations of intent from the User and the Restaurant Keeper.
7. With the use of the Website and the Application, the Operator agrees to provide Services to the extent and on the terms set forth herein.
§ 3 The User’s Obligations
1. The User is obliged in particular to:
a. use the Website and the Application in such a manner as not to disrupt their operation, in particular by using specific software or devices or by taking any action to interfere with the software of the Website and the Application;
b. refrain from actions such as: distribution or posting on the Website and the Application of unsolicited commercial information (spam); adding to the Order content any information in breach of the law, good practice, or advertising content, or to perform any IT or any other operations with a view to taking possession of information not intended for the User;
d. use the Website and the Application in a manner that poses no nuisance to other Users or the Operator / Restaurant Keepers, with due respect for their personal goods (including the right of privacy) and all their rights;
e. use any content posted on the Website and within the Application only for their personal use; the use of the content, including any photographs and descriptions of Meals for other purposes shall be allowed only under an explicit written consent granted by an authorized body;
a. has given, when placing an Order, personal data which are untrue, inaccurate or outdated, misleading, or infringing third-party rights;
b. has infringed third-party personal interests, in particular personal interests of other Users of the Website or the Application;
1. The following are necessary for the correct use of all functionalities of the Website:
a. Internet access;
b. the use of standard software consisting of an operating system and a web browser, which web browser should support cookies;
c. having one’s own email address;
d. having a telephone number.
2. If the above requirements are not fulfilled, the use of the Website can be hindered or impossible.
11. The following are necessary for the correct use of all functionalities of the Android Application:
a. Internet access;
b. the use of software consisting of Android 4.1 or newer version of the operating system on the mobile device concerned;
c. downloading the Android Application from the Google Play platform and its installation;
d. having one’s own email address;
e. having a telephone number.
2. If the above requirements are not fulfilled, the use of the Android Application can be hindered or impossible.
1. The following are necessary for the correct use of all functionalities of the iOS Application:
a. Internet access;
b. the use of software consisting of iOS 9.0 or newer version of the operating system on the mobile device concerned;
c. downloading the Da Grasso Application from the App Store platform and its installation;
d. having one’s own email address;
e. having a telephone number.
2. If the above requirements are not fulfilled, the use of the iOS Application can be hindered or impossible.
§ 7. Order Placement
1. Orders can be placed for Meals presented by each Restaurant through the Website.
2. Information on the Meals available, presented by each Restaurant through the Website does not constitute an offer within the meaning of the Civil Code, and it is only an invitation for Users to submit their proposals.
3. An invitation for proposals presented on the Website by each Restaurant shall contain the Restaurant’s address details and menu with its up-to-date pricelist.
4. Each Restaurant shall define the area within which an Order can be fulfilled. If the User indicates an address outside the area defined by the Restaurant as the place of delivery, he/she will be informed that the Order cannot be fulfilled, and will be asked to contact by telephone the nearest Restaurant that is able to deliver Orders to the required address, after individual conditions of the Order have been agreed.
5. The prices provided in Restaurant pricelists are stated in Polish zlotys and they include the value-added tax (VAT) charged in compliance with the currently applicable provisions.
6. An Order should be placed by completing the order form available on the Website page, stating the personal data necessary for Order placement.
7. The following should be stated in the Order form: full name, delivery address, telephone number, and email address.
8. The User should select the Restaurant with which he/she will conclude a Meal Sales Contract, the Meal ordered (their type and number), form of payment and type of delivery. If a discount voucher is used, the User should use the “Got Voucher” option and enter the discount code in a designated field in the Website.
9. Order placement through the Website page shall take place as a result of Order transmission. Order transmission shall follow the acceptance and confirmation by the User of all its material elements and pressing the “Order & Pay” button. In the course of Order placement - until the “Order & Pay” button is pressed - the User shall have the option to modify the data entered, including those relating the Meal selection. For this purpose, messages displayed to the User and information available on the Website should be followed.
10. An Order is an offer within the meaning of the Civil Code and it shall be transmitted through the Website’s IT system together with the User’s personal data necessary for the fulfilment of the Order to the Restaurant Keeper selected by the User.
11. After the User’s receipt of information from the Restaurant Keeper in the form of a message displayed on the Website page and an email message sent to the email address stated by the User, the Meal Sales Contract shall be concluded (upon receipt of the above-mentioned email message) between the User and the Restaurant Keeper selected by the User. The Restaurant Keeper shall fulfil the Order as soon as possible after the online payment is deemed to have been made in accordance with § 8 (2) below.
12. In the case of fortuitous events that prevent the Restaurant Keeper from accepting or obstructing the Order or the restaurant's implementation of the meal sale agreement, the Restaurant Keeper will contact you immediately in order to:
a) determining the manner of implementing the Sales Agreement for a Meal or
b) submitting to the User a statement on the withdrawal from the meal sale agreement concluded with it or
c) acceptance from the User of a declaration of withdrawal from the meal sales agreement with the restaurateur.
13. Material provisions of the Meal Sales Contract shall be recorded, secured, made available and confirmed to the User by sending a specification of the Order and other required information to the User’s designated email address. Optionally, a VAT invoice can also be delivered to the User.
14. Orders shall be fulfilled at the prices applicable at the time of Order placement. Orders placed under promotion schemes shall be fulfilled taking into account discounts arising from the conditions of the promotion concerned, calculated on the regular prices of Meals applicable at the time of Order placement.
15. For sales made under promotion schemes announced, the Operator / Restaurant Keeper reserve the right to impose quantity, time or other limitations on the sale of Meals. The limitations referred to above shall be specified in the promotion conditions.
§ 8 Payments
1. Users can pay for Meals ordered through the Website:
a. in cash, directly to the delivery person at the time of receipt of the item ordered,
b. in cash, directly to the delivery person at the time of receipt of the item ordered,
c. by online payment through payment systems available on the Website provided that the Restaurant selected by the User accepts such a form of payment.
2. An online payment shall be deemed made upon receipt by the Website’s IT system of transaction acceptance from the provider of payment services acting as an intermediary in the payment transfer operation concerned.
3. The maximum value of a single Order than can be fulfilled through the Website must not exceed PLN 350 including VAT. The channel is also limited as regards the number of items – it cannot exceed 20 pieces in a single Order. For Orders exceeding these terms, the User is requested to contact the selected Restaurant by telephone.
§ 9 The Right to Withdraw from the Contract and Warranty
1. A User who is a Consumer may, subject to subsection 8 below, withdraw from a distance Sales Contract concluded through the Website without stating a cause, by giving a relevant notice in writing within fourteen (14) days.
3. The right to withdraw from the Sales Contract shall expire 14 days after the date on which possession of the Meal was taken by the Consumer or by a third party designated by the Consumer, other than a carrier. The time limit for withdrawal from the Sales Contract shall be deemed met if the notice referred to in subsection 2 above is sent within the time limit.
4. In case of withdrawal from the Sales Contract, the Restaurant Keeper shall refund all payments received, including any cost of Meal delivery. If the Consumer has chosen a different method of Meal delivery than the cheapest one offered by the Restaurant Keeper, the Restaurant Keeper shall not be obliged to reimburse the Consumer for any such additional costs. The Restaurant Keeper shall make a refund without delay and in any event not later than 14 days from the receipt of the Consumer’s notice of withdrawal from the Contract, provided, however, that the Restaurant Keeper may withhold the refund until the earlier of the receipt of the returned Meal or the provision by the Consumer of proof of its dispatch. The payment refund shall be made with the use of the same mode of payment as that used by the Consumer unless the Consumer has clearly accepted a different arrangement.
5. In the event of withdrawal from the Sales Contract, the Sales Contract shall be deemed null and void.
6. The meal should be returned to the address stated on the Website by the specific Restaurant Keeper with whom the Consumer has concluded a Sales Contract. The return should take place as soon as possible, but no later than 14 days from the date on which the Consumer withdrew from the Sales Contract.
7. The cost of packaging the Meal so as to ensure its safety and the cost direct return of the Meal shall be borne by the Consumer.
8. The right to withdraw from the Sales Contract shall not apply to any Sales Contacts for non-prefabricated goods produced according to the Consumer’s specifications or which cater to the Consumer’s individual needs, or to any Sales Contracts for perishable goods or goods with a short shelf life. Therefore, the right to withdraw from the Sales Contract does not apply to such meals as pizza, salads, kebabs, etc. but it applies to other articles offered by particular Restaurants which, due to their nature, may be returned to the Restaurant Keeper in an unchanged condition.
9. The Restaurant Keeper who is a party to the Sales Contract is liable, as seller, to the Consumer for conformity of the Meal with the contract to the extent provided for in the Civil Code.
§ 10 Complaints
1. The User may file a complaint regarding any irregularities, defects or interruptions in the operation of the Website.
2. All complaints must be addressed to: firstname.lastname@example.org or sent by post directly to the Operator’s address stated herein. The e-mail title should read: “Complaint”.
3. A complaint should contain a description of the incident based on which the complaint is filed, the Order number if it is the object of the complaint, and the User’s details: full name, home address, email address, and telephone number.
4. The Operator shall consider the complaint within 14 days from its receipt and inform the User without delay by email of how it has been resolved.
5. If the data or information provided in the complaint needs to be supplemented, before the complaint is considered, the Operator shall ask the complainant to provide such missing data or information. The time taken by the User to provide additional explanations shall extend the complaint handling period.
6. Information on how the complaint has been resolved shall be communicated to the User to the designated email address or, in the case of complaints sent by traditional post – to the home address of the User unless he/she has also provided an email address.
7. The Consumer is entitled to have his/her complaints considered and claims pursued:
a. by way of mediation performed by regional trade inspectors,
b. before permanent consumer arbitration courts attached to regional trade inspectorates.
8. The mediation measures specified in subsection 7 (a) shall be available after an application is filed by the Consumer with the competent regional trade inspector.
9. The permanent consumer courts of arbitration referred to in subsection 7 (b) above shall be available upon the Consumer’s submission of a request for the consideration of a dispute by the competent permanent consumer court of arbitration.
10. A platform of the online system for the resolution of disputes between Consumers and enterprises at the UE level (referred to as “ODR platform”) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multi-lingual web page which offers comprehensive helpdesk services to Consumers and enterprises seeking to achieve an out-of-court resolution of a dispute concerning contractual obligations under an Internet sales contract.
11. Any other notices, comments or questions concerning the operation of the Website or the Application can be communicated by email to the address: email@example.com and by telephone via a helpline available on 509 910 000 (helpline available between 11:00 and 23:00).
§ 11 Final Provisions
5. A Sales Contract shall be executed in Polish.
7. Any disputes as may arise between the Operator and a Consumer shall be submitted for resolution to competent courts in compliance with the applicable provisions of the Code of Civil Procedure.
8. Any disputes as may arise between the Operator and a User other than a Consumer shall be submitted for resolution to the competent court having jurisdiction over the Operator’s registered office.
EXHIBIT NO. 1 TO THE RULES AND REGULATIONS NOTICE OF WITHDRAWAL