pysznezpudelka.com.pl WEBSITE TERMS & CONDITIONS
I General provisions
- These Terms and Conditions shall enter into force on 1 June 2025 and shall govern the mutual rights and obligations of the Partner Entity, the Customer, the User and the Processor. In particular, the Terms and Conditions define the manner of using the online store operated by the Partner Entity, including the rules for placing and fulfilling orders for products and services offered by the Partner Entity.
- The Terms and Conditions have been created in particular on the basis of the Consumer Rights Act, the Act on the provision of electronic services, as well as on the basis of 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 and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as ‘GDPR’), while taking into account the applicable provisions on the protection of personal data.
- You can contact the Partner Entity at the following email address: kindzia15145@wp.pl and phone number: 666362811 during the Partner Entity's business hours specified on the website. The online store is operated and administered by the Partner Entity (also with regard to personal data).
- These Terms and Conditions are made available free of charge before placing an order in the online store operated by the Partner Entity in a form that allows them to be stored and reproduced in the normal course of business.
- The online store operated by the Partner Entity is intended for adults with full legal capacity.
- Sales via the Online Store are conducted within the territory of Poland.
- The information contained and displayed by the IT System does not constitute an offer within the meaning of the Civil Code. By placing an order via the IT System, the Buyer/User makes an offer to purchase a specific product on the terms specified in the product description.
- It is prohibited for the User and the Customer to use the IT System in a manner that is contrary to the law, good manners or violates the legitimate interests of the Partner Entity or the Processor. In particular, the Customer and the User shall not take any actions that could expose the Partner Entity and the Processor to any financial or reputational damage.
- The User and the Customer may not place any unlawful content in the IT System.
- Upon placing an Order, the User becomes a Customer.
- The Customer declares that the data provided by them in the order form, in particular their address and email address, are accurate, correct and complete. In the event of providing false data or data that does not belong to the Customer, the Partner Entity may notify the Processor of this fact, who may immediately delete the Customer's order and, regardless of the actions of the Partner Entity, is entitled to notify the relevant state authorities.
- The Partner Entity and the Processor shall not be liable for the accuracy and legality of the actions and data used and made available by Users and Customers. In particular, the Partner Entity and the Processor shall not be liable for the accuracy or illegality of the data provided by Users and Customers, or for the consequences of such use, provided that the Partner Entity and the Processor were not aware of the illegal nature of the use of the Customer's data. Neither the Partner Entity nor the Processor shall verify or examine the authenticity of the data used and made available by Users and Customers.
- The Partner Entity, User, Customer and Processor undertake to comply with all provisions of the Terms and Conditions. Consent to comply with these Terms and Conditions is tantamount to full acceptance of the Terms and Conditions without the need to draw up a separate agreement.
- The Partner Entity conducts retail sales electronically via the Internet. Orders are accepted via the website, as well as by telephone and email. Placing an order by telephone or email constitutes acceptance of these Terms and Conditions.
- Use of the Online Store is possible provided that the Buyer/User's IT system meets the technical requirements specified in these Terms and Conditions.
- The Partner Entity declares that it is unable to guarantee that opinions about goods or services published on the Online Store website originate exclusively from consumers who have actually purchased the goods or used the services.
- The Partner Entity declares that it does not use an algorithm that adjusts prices based on automated decision-making.
II Definitions
- The parties to the agreements for the provision of electronic services are: the Partner Entity and the customer placing the order.
- Partner Entity - Kinga Płonka, Dawid Płonka Pyszne z pudełka s.c, ul. Legionów 28, 32-600 Oświęcim, PL, Tax ID Number (NIP): 5492452809, BDO: 000308284, being an entrepreneur. The Processing Entity acts on behalf of and for the account of the Partner Entity in the form of Restaumatic S.A. with its registered office in Zabrze (41-800) at ul. Wolności 345, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Gliwice, X Commercial Division of the National Court Register under KRS number 0001016935, NIP 6482765571, REGON 242895699, which is authorised to receive declarations of will, accepting services and concluding contracts on behalf of and for the account of the Partner Entity within the framework of the IT system for handling catering orders operating under the name Skubacz.pl and/or Restaumatic.com.
- Customer - a natural person (including a Consumer) who is at least 18 years of age and has full legal capacity, or a legal person or organisational unit with legal capacity. A Customer may be a natural person who is at least 13 years of age but under 18 years of age, to the extent that they are capable of acquiring rights and incurring obligations in accordance with generally applicable law, i.e. in minor everyday matters, who places an order via the Partner Entity's website.
- *Consumer * - a natural person performing a legal action not directly related to their business or professional activity within the meaning of the Civil Code.
- Entrepreneur – non-consumer Customer.
- User - a natural person with at least limited legal capacity, a legal person or an entity with legal capacity that uses the IT System.
- Processor - Restaumatic S.A. with its registered office in Zabrze (41-800) at ul. Wolności 345, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Gliwice, X Commercial Division of the National Court Register under KRS number 0001016935, NIP 6482765571, REGON 242895699, which is also the provider of the IT System operating under the name Skubacz.pl and/or Restaumatic.com, acting on behalf of and for the sole benefit of the Partner Entity.
- ** IT System** - This is software used by the Partner Entity through which the Customer can order products and services offered by the Partner Entity 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 - Order - is a legal action performed via the IT System, during which the Customer expresses their intention to purchase the ordered products and services in accordance with their description and price.
- Personal Data Administrator - Partner Entity: Kinga Płonka, Dawid Płonka Pyszne z pudełka s.c, ul. Legionów 28, 32-600 Oświęcim, PL, Tax ID Number (NIP): 5492452809, BDO: 000308284.
- Personal Data Processor - Restaumatic S.A. with its registered office in Zabrze (41-800) at ul. Wolności 345, entered in 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, Tax Identification Number (NIP) 6482765571, Statistical Identification Number (REGON) 242895699, share capital and paid-up capital: PLN 149,400.00, email: contact@restaumatic.com.
III Order acceptance and fulfilment
- In order to use the IT System, you must read and accept these Terms and Conditions.
- By placing an order, the Customer undertakes to provide their true and complete details as required by the IT System and acknowledges that they are placing an Order with an obligation to pay.
- The Customer may place Orders on the days and at the times specified by the Partner Entity, via the IT System. 4.The Partner Entity reserves the right to confirm the order and the correctness of the data by telephone or e-mail. In the event of failure to contact the Customer, incomplete data, suspicion that the data is not true, belongs to third parties or the promotion does not apply to the Customer, the Partner Entity has the right to cancel the Order, stating the reason for such action.
- If the Customer has placed an Order using a promotion, price discount or other preferences to which they were not entitled, they are obliged to pay the full price. The Partner Entity has the right to verify the Customer's eligibility to purchase goods and services on preferential terms during the execution of the Order.
- The Partner Entity and the Processor have the right to suspend, for a definite or indefinite period of time, the possibility of placing new orders by the Buyer if their actions violate the provisions of the Terms and Conditions, negatively affect the good name of the store or otherwise harm it.
- The Seller does not exclude temporary suspension of the service of access to the website for reasons beyond the Seller's control, and further reserves the right to temporarily suspend the provision of the above-mentioned service in the event of the need to carry out repairs or maintenance of the operating systems and in connection with the need for their modernisation or expansion.
IV Technical requirements
1.In order to receive the Service, the User and/or Customer must be equipped with appropriate end devices (telephone, computer, tablet) with an Internet connection. 2. 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:pysznezpudelka.com.pl[strona podmiotu, zakładka polityka prywatności]. 3. The technical requirement for the proper use of the System and the services provided through it is to have an end device with Internet access and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari in the latest version.
V Additional information regarding orders placed online
- The agreement between the Customer and the Partner Entity shall be deemed concluded only when the Partner Entity confirms to the Customer that the Order has been accepted for execution, specifying the time of delivery or collection of the Order.
- The Partner Entity and the Processor shall have the right to cancel a confirmed Order in the following cases: a) violations of the rules described in these Terms and Conditions; b) failures, technical or organisational limitations that prevent or significantly hinder the performance of the Order; c) the occurrence of a lack of appropriate goods, resources or products for the performance of the Order, which the Partner Entity could not have foreseen despite exercising due diligence; d) in the event of reasonable doubts that the data provided by the Customer is false, belongs to third parties, the Customer does not have legal capacity within the meaning of civil law or for other reasons attributable to the Customer, preventing the execution of the Order.
- The Partner Entity undertakes to immediately, as far as possible, publish via the IT System publicly available information about any restrictions or inability to perform Orders.
- The Partner Entity shall confirm acceptance of the Order for execution by displaying the relevant information on the screen of the device on which the Customer placed the Order. In addition, the Customer shall receive an appropriate message by e-mail or SMS. The performance by the Partner Entity of one of the above-mentioned actions shall be tantamount to the effective delivery to the Customer of the confirmation of acceptance of the Order for execution.
- The Order completion time provided should be treated as planned, and exceeding it by up to 80% shall not be considered a failure to fulfil the Order and shall not constitute grounds for a complaint.
- The Partner Entity reserves the right to block the possibility of adding alcoholic beverages (within the meaning of the Act of 26 October 1982 on upbringing in sobriety and counteracting alcoholism), energy drinks (within the meaning of the Act of 11 September 2015 on public health) and tobacco products (within the meaning of the Act of 28 September 2013 on the legal status and restrictions on the implementation of certain acts of public administration, on the protection of the public health and safety and on the protection of the on upbringing in sobriety and counteracting alcoholism), energy drinks (within the meaning of the Act of 11 September 2015 on public health) and tobacco products (within the meaning of the Act of 9 November 1995 on the protection of health against the consequences of tobacco and tobacco product use), as well as other goods whose distance selling may be restricted or prohibited under applicable law. If you attempt to add such products to your basket, the IT System may prevent you from adding them or block the possibility of placing an Order containing these products.
- The sale of goods specified in point 6 above via the IT System is only possible for persons who are at least 18 years of age. By placing an Order containing the goods referred to in point 6 above, the Customer declares that they are an adult.
- The Partner Entity reserves the right to verify the age of the Customer and/or the person receiving the Order containing the goods referred to in point 1. For this purpose, the supplier or an employee of the Partner Entity may request the presentation of a valid identity document with a photograph confirming the identity of the Customer and/or the person receiving the Order in order to verify that the above-mentioned person is of legal age.
- If it is found that the person receiving the goods referred to in point 6 is a minor or is unable to prove their age, the Partner Entity has the right to refuse to release the above-mentioned goods and cancel the Order in the part covering the goods referred to in point 6.
- The sale of alcohol by the Partner Entity takes place at the address of the Partner Entity, which, by enabling online ordering of alcohol, declares that it has a licence to sell alcohol.
- A Customer ordering alcohol via the IT System is obliged to collect the alcohol in person. The Customer may appoint a representative to collect the alcohol on their behalf.
- The Customer's representative authorised to collect alcohol must be an adult, and the granting of power of attorney is a mandatory condition for the execution of the Order. The representative is required to present proof of identity, otherwise the Order will be refused.
- The Partner Entity's representative may be a Courier who is obliged and authorised to check the Customer's identity document in order to verify that they are an adult.
- The Partner Entity and the Agent shall not be liable for any actions or omissions of the Courier in connection with the power of attorney granted and the delivery of alcohol.
- The Partner Entity and the Agent shall not be liable for any misuse of the goods referred to in point 6 by the Customer or their representative, nor for any damage resulting from their consumption. By placing an Order, the Customer declares that they are aware of the harmful effects of excessive alcohol consumption and that they consume it at their own risk.
VI Payment methods
- When placing an Order, the Customer selects one of the available payment methods: cash, card via the payment terminal of the Partner Entity/supplier or payment via the Internet (hereinafter: online payments). The prices of goods do not include delivery costs.
- Order costs are added to the Order price and depend on the selected delivery method and delivery address. Information about delivery costs is displayed in the Shopping Cart before placing the Order.
- The Partner Entity reserves the right to change the prices of the products offered, provided that such price changes do not apply to Orders already placed and confirmed for execution.
- The settlement of the amount due by the Customer via online payment to the Processor is tantamount to the performance of the service by the Customer to the Partner Entity.
- In the case of payment via online payment, the Partner Entity shall accept the Order for execution only when the Processor confirms receipt of the funds. A document confirming that the funds have been credited to the Customer's account is not sufficient. If the Partner Entity cancels an Order paid for via online payment, the Processor shall refund the payment at the request of the Partner Entity.
- The payment refund Order by the Processor shall be made no later than within 72 hours, with the proviso that public holidays may extend this period, from the date of receipt by the Processor of information about the cancellation of the Order and the instruction to refund the funds. The date of the refund shall be the date on which the Processor submits the instruction to refund the amount due to the Payment Operator.
- If the Customer places an Order with cash payment, the Partner Entity shall be responsible for the refund and the Processor shall not be liable for the refund by the Partner Entity.
- The Processor, as a partner of the Online Payment System Operator, 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 for which the payment is made or the legality of the payment itself. For the above reasons, the payment may be refused by the Processor or the Online Payment System Operator.
- The Processor and the Online Payment System Operator shall not be liable for delays in the transfer of payments or authorisation responses caused by reasons arising after the Customer has submitted the payment order, as well as for failure to execute or delay in transferring the funds due or verification of data, in particular caused by the Customer providing incorrect or incomplete data that prevents the payment transaction from being executed, as well as for delays resulting from other events beyond the control of the Processor or the Online Payment System Operator.
- The Partner Entity shall issue appropriate documents to the Customer confirming the sale within the statutory time limit.
- In case of questions or doubts, the Customer should contact the Partner Entity by phone or email.
VII Delivery
- The Partner Entity shall not be liable for any delay in delivery resulting from reasons attributable to the supplier or the Customer, including, but not limited to, providing an incorrect delivery address or the Customer's absence at the address indicated in the Order.
- In the event of failure to collect the Order by the Customer (in the case of courier delivery or personal collection within the specified time) for reasons attributable to the Customer, the Partner Entity reserves the right to charge the Customer for the costs of delivery and storage of the Order.
- The risk of accidental loss or damage to the goods passes to the Consumer upon acceptance of the Order by the Consumer (or a third party designated by them, other than the courier). If the Customer is an Entrepreneur, the risk passes to them upon delivery of the Order to the supplier.
VIII Right of withdrawal by the Customer - applies to Consumers
- A Consumer who has concluded a distance or off-premises contract has the right to withdraw from the sales contract within 14 days of taking possession of the goods, without giving any reason. Exceptions to the right of withdrawal referred to in point 1 above are provided for in Article 38 of the Consumer Rights Act.
- The right to withdraw from the sales contract is not available to the Consumer in particular in relation to contracts whose subject matter is a product that is subject to rapid deterioration or has a short shelf life, and a product manufactured according to the Customer's individual needs, in accordance with the specifications provided by the Customer.
- In order to exercise the right to withdraw from the contract, the Consumer is obliged to notify the Partner Entity by means of an unequivocal statement (e.g. in writing, by e-mail). The Consumer is entitled to use the model withdrawal form attached as Appendix 2 to these Terms and Conditions. The statement of withdrawal from the Sales Agreement should be sent before the expiry of the withdrawal period to the address or email address of the Entity specified in point I of the Terms and Conditions. The above statement may be combined with the physical return of the goods.
- In the event of effective withdrawal from the Sales Agreement, the Partner Entity shall return to the Consumer all payments received from him, including the costs of delivery of the product (except for additional costs related to the method of delivery chosen by the Consumer other than the cheapest standard method of delivery offered by the Partner Entity), immediately, and in any case no later than 14 days from the date of receipt of the Consumer's statement of withdrawal from the Sales Agreement. The goods should be sent back to the address of the Partner Entity indicated in point I of these Terms and Conditions.
- The refund will be made using the same method of payment as used by the Consumer, unless the Consumer expressly agrees to a different method of refund which does not involve any costs for them. The Partner Entity may withhold the refund until the goods are returned or proof of return is provided, whichever occurs first.
- The Consumer shall bear the costs of returning the products and shall be liable for any diminished value of the product resulting from the use of the product in a manner other than that necessary to establish the nature, characteristics and functioning of the product.
IX Intellectual property and licences
- The appearance of the IT System, its content and source code are protected by Polish and international copyright laws.
- Downloading content from the IT System and copying it is permitted solely for private use, for the purpose of familiarising oneself with the information.
- No part of the IT System, including these Terms and Conditions, may be distributed and/or reproduced without the owner's knowledge.
- It is prohibited to copy, distribute, modify or otherwise use the content of the IT System and the online store without the prior written consent of the Partner Entity or the Processor.
X Non-compliance of goods with the contract - complaints
- The Partner Entity shall deliver the goods in accordance with the contract. If the goods are not in conformity with the contract, the Partner Entity shall be liable to the Consumer for bringing them into conformity with the contract in accordance with the provisions of Chapter 5a of the Consumer Rights Act. Complaints concerning, in particular, the Order, the presented Offer, or Delivery should be directed directly to the Partner Entity. The Processor does not consider complaints concerning services provided by the Partner Entity.
- The Partner Entity shall consider the complaint immediately, but no later than within 14 days from the date of receipt of the complaint.
- The complaint should include the Customer's identification details, telephone number, email address, date of Order placement, date of Order fulfilment, specified delivery address, Customer login and a detailed description of the objections raised.
- Complaints regarding services provided by a Partner Entity should be sent via email to kindzia15145@wp.pl or in writing to the address of the Partner Entity indicated in point I.
- If the data or information provided in the complaint is incomplete or for the purposes of full clarification, the Partner Entity and/or the Processor shall request that it be supplemented before the complaint is considered. The time for considering the complaint shall be extended until the data is supplemented by the Customer submitting the complaint.
- Complaints regarding services provided by the Processor should be sent via email to contact@restaumatic.com or in writing to the registered office of Restaumatic.com, i.e. Restaumatic S.A., ul. Wolności 345, 41-800 Zabrze.
- The Consumer is entitled to use extrajudicial means of complaint handling and redress. Detailed information on the above options, including information on the applicable procedures, is available at the offices and on the websites of district (municipal) Consumer ombudsmen, Provincial Inspectorates of Trade Inspection and at the website of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php
XI Adding opinions/comments
- The Partner Entity allows the Customer to evaluate the performance of the contract and delivery, in particular by giving opinions.
- 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 they are aware that opinions are not anonymous.
- The opinion may be deleted by the Customer at any time. This requires sending an e-mail to the e-mail address of the Partner Entity.
XII Protection of personal data
- The Partner Entity is the administrator of the personal data of Customers/Users.
- Detailed information on the processing of Customers' personal data can be found in the Privacy Policy available in the tab on the store's website.
XIII Description of hazards
Pursuant to Article 6(1) of the Act of 18 July 2002 on the provision of electronic services, the Partner Entity and the Processor shall inform Users and Customers of specific risks associated with the use of electronic services provided by the Partner Entity and the Processor as part of the use of electronic services. The information concerns risks that the Partner Entity and the Processor identify as potential risks that should be taken into account despite the systems securing the infrastructure against unauthorised interference by third parties: 1. the possibility of receiving spam, i.e. unsolicited advertising (commercial) information transmitted by electronic means, 2. the possibility of malicious software (malware, Internet worms) operating in the network environment and spreading through code replication, 3. the possibility of security breaches in order to obtain personal and confidential information for the purpose of identity theft by sending false electronic messages resembling authentic messages, 4. the possibility of unauthorised eavesdropping using a computer program designed to intercept and possibly analyse data flowing through the network (spyware), 5. installing software used to access the Services from sources other than those authorised by the Service Provider, which, despite measures taken to minimise the possibility of third parties making modified versions of the software available, may contain malicious software.
XIV Final provisions
- In matters not covered by these Terms and Conditions, the provisions of generally applicable law shall apply.
- The Partner Entity or the Processor reserve the right to amend these Terms and Conditions. All agreements concluded before the date of entry into force of the new Terms and Conditions shall be performed on the basis of the Terms and Conditions in force on the date of conclusion of the agreement. Amendments to the Terms and Conditions shall enter into force within 7 days of their publication on the website. If the Customer/User does not accept the new content of the Terms and Conditions, they shall notify the Partner Entity thereof.
- When using the Services, it is prohibited for the User and the Customer to provide content of an unlawful nature, including: a) information and data prepared in a manner that creates a risk of breach of IT security or stability of the System; b) information that infringes intellectual property rights, including copyrights and trademark rights of the Partner Entity and the Processor or third parties; c) other information and data that violates mandatory provisions of law.
- The Partner Entity shall be liable for non-performance or improper performance of the agreement, but in the case of agreements concluded with Customers/Users who are Entrepreneurs, the Partner Entity shall be liable only in the event of intentional damage and within the limits of the actual losses incurred by the Customer/User who is an Entrepreneur.
- The Terms and Conditions do not exclude, limit or intend to exclude or limit any rights of the Customer who is a Consumer, which are granted to them under mandatory provisions of law. In the event of a conflict between the provisions of the Terms and Conditions and mandatory provisions of law granting rights to the Consumer, those provisions shall prevail.
Attachments: 1. Information on the right to withdraw from the contract; 2. Contract withdrawal form.
APPENDIX No. 1 to the Terms and Conditions
Buyers who are Consumers and sole traders making a purchase unrelated to their business activity may withdraw from the contract within 14 days of receiving the shipment without giving any reason. If you do so, we will refund all payments received from you.
To cancel your purchase, inform the Partner Entity of your decision by completing the Withdrawal Form. You can use the model withdrawal form attached to the Terms and Conditions. Send the shipment to the address of the Partner Entity.
ATTENTION!
The right to withdraw from the contract does not apply to contracts: for the provision of services, if the service has been fully performed with your express consent; where the price of the goods depends on fluctuations in the financial market over which we have no control and which may occur before the deadline for withdrawal from the contract; where the subject of the service is a non-prefabricated item, manufactured according to your specifications or serving to satisfy your individual needs; where the subject of the service is an item that deteriorates quickly or has a short shelf life; where the subject of the service is an item delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery; where the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items; where the subject of the service are alcoholic beverages, the price of which was agreed upon at the time of conclusion of the sales contract, and which can only be delivered after 30 days and whose value depends on market fluctuations over which we have no control; where the subject of the service are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; for the delivery of digital content which is not recorded on a tangible medium, if the performance began with your express consent before the expiry of the withdrawal period.
APPENDIX No. 2 to the Terms and Conditions
CONTRACT WITHDRAWAL FORM AND RETURN OF GOODS
Name and Surname
Address
E-mail address, phone number
On behalf of myself, I declare that: Pursuant to the Act of 30 May 2014 on consumer rights, I hereby withdraw from the sales agreement concluded with the Partner Entity on __________________ and return the goods listed below. I am familiar with the terms and conditions for returning goods in this manner, as specified in the Terms and Conditions and in the above-mentioned Act.
Date of receipt of goods: ____________________________________________ Sales document number (receipt or VAT invoice): _____________________________ Returned goods:
I declare that the returned goods are in their original condition and have not been used.
Date and legible signature of the Customer
The goods (together with the form) should be returned to the address of the Partner Entity.
State as of 2025-09-09