Regulations of the Noriko Sushi Reservation Service
§1. GENERAL PROVISIONS
1. These Regulations apply to services provided by the Administrator via the Website and Mobile Applications.
a) Website – the www.NorikoSushi.pl website run by the Administrator;
b) Administrator – Magdalena Jasiuraoperating under the name:
with its registered office at Mińska street 45, lok. 204u, 03-808 Warsaw,
entered into the Central Register and Information on Economic Activity, from 2019-01-21
NIP: 5732623938, REGON: 523057475,
c) Mobile application – NorikoSushi mobile application through which the Administrator provides the services specified in these Regulations;
d) Price List – in our Mobile Application and Website there is no classic Price List as a single document due to the large number of catering services. When using certain functionalities of our Mobile Application and Website, you will be informed about its exact cost before using or ordering a specific service. Therefore, the price list will be any information containing the indication of the Prices of services provided via our Mobile Application and Website.
e) Account – marked with an individual name (email address) and password provided by the User, a set of resources in the Administrator’s ICT system in which the User’s data is collected;
f) Newsletter – a service provided electronically by the Administrator, consisting in enabling interested Customers to automatically receive the most important information related to the Website and the Mobile Application to the e-mail address provided.
g) Fee – payment due by the Administrator or the entity providing services available via the Mobile Application / Website, charged (in advance) from the Customer for using the Website’s functionality or ordering specific services. The amount of Fees is indicated in the Price List and depends on the type of service provided.
h) Regulations – these Regulations; The User may freely read the Regulations after downloading the Mobile Application via the “App Store” or “GooglePlay” online store;
i) Agreement – Agreement for the provision of services provided by the Administrator via the Website and the Mobile Application – concluded between the Administrator and the User, under the conditions set out in the Regulations;
j) User – an adult natural person over 18 years of age, with full legal capacity, a natural person conducting business activity, a legal person or an organizational unit without legal personality who uses the services provided electronically by the Administrator;
k) Appendix No. 1 – a document attached to the Regulations enabling withdrawal from the reservation referred to in § 6 of the Regulations,
l) Appendix No. 2 – a document attached to the Regulations enabling the submission of a complaint referred to in § 5 of the Regulations,
3. The Administrator provides its catering services in the territory of the Republic of Poland, and the Website in the territory of the Republic of Poland and beyond its borders in the scope of services consisting in providing access to the Mobile Application and the Website.
§2. RULES OF USE OF THE WEBSITE/MOBILE APPLICATION
1. The User is obliged to use the Website/Mobile Application in a manner consistent with these Regulations, applicable law, principles of social coexistence and decency.
2. Each action of the User should take place simultaneously with respect for the goods of third parties – especially other Users using the Website/Mobile Application.
3. When using the Website/Mobile Application, it is the User’s responsibility to provide true, factually correct data and to protect them against access by unauthorized persons. The security of the User’s data depends to a large extent on this. It is also forbidden to share your Account with other Users and third parties, as well as to use Accounts belonging to other Users.
4. Each User and a third party having access to the Website/Mobile Application are obliged to refrain from copying, modifying, disseminating, transmitting or using in any other way any content made available on the Application website, except for using it within the permitted use. Any interference or use of the source code of the Mobile Application is also prohibited
5. The password allowing the User to log in to the Website/Mobile Application is private and confidential.
6. Any exchange of passwords between Users is prohibited.
7. Any attempts to introduce harmful data into the IT system (malware, including bots, viruses, spyware, “worms”, etc.) are not allowed.
8. Via the e-mail address: email@example.com, you can report any content and activities that in any way violate the provisions of these Terms and Conditions
9. Use the mobile application support is a mobile device, with Android / iOS installed and software for the Internet. To use the Website, all you need is a mobile device with the Internet function and a Website browser
10. Services from the outside by the administrator can be used by adults who are over 18 years of age. Minors may use all the services provided in the Mobile Application/Website only for a sign and knowledge and under the care of legal and actual guardians.
§3. ELECTRONIC SERVICE AGREEMENT/FEES
1. When providing services via the Website/Mobile Application, the Administrator ensures the appropriate quality so that Users are fully satisfied.
2. In order to set up an Account on the Website/Mobile Application by the user, it is necessary to create a registration form by providing personal data:
a) name and surname,
b) e-mail address,
c) telephone number,
3. The agreement between the user and the administrator for direct services via the Website/Mobile Application is concluded for an indefinite period.
4. Online payments are handled on-line via the Website/Mobile Service Application via the t-pay payment platform, available at https://secure.tpay.com/#page=panel-main-page.
5. The User who is an entrepreneur concludes an Agreement with the Administrator authorizing him to issue a VAT invoice without the recipient’s signature.
6. With the date of payment for the date of crediting the Administrator’s bank account.
7. The use of a single service of the Mobile Application/Website may require the Users to pay a Fee to the Administrator before each occasional use of this service.
8. Before each use of the website, carefully read the Regulations and accept its terms.
9. The provision of services by the Administrator to the user is based on an agreement to which the regulation issued by the regulations and the provisions of Polish law apply. Its procedure is specified in the Regulations.
10. We will consider the case in a moment if you use the Website for your day, in which the user confirms and pays (clicks) the button used to pay on the Website. In the case of using catering services, the day is defined as the day on which the user confirms the reservation by providing it.
11. Costs of providing data required for downloading, installing, launching and using the Website The User will bear the own costs of devices in the contract with operators of telecommunications services or other Internet services.
12. The contract between the user and the administrator for direct services via the website contains for an indefinite period.
13. A User who violates the provisions of these Regulations may be requested by the Administrator to cease violations. The summons will be sent via e-mail to the User’s e-mail address provided during registration on the Website or to the telephone number provided during registration in the Mobile Application. If the call turns out to be ineffective and the User continues to violate the provisions of these Regulations, the Administrator reserves the right to delete his Account, which is equivalent to the immediate termination of the Agreement.
14. Setting up a new Account by a User whose Account has been deleted requires prior express consent of the Administrator.
15. At any time, the User may resign from the services provided by the Administrator.
16. Cessation of using the Mobile Application requires its removal from the mobile device.
17. In the event of detecting errors in the operation of the Website/Mobile Application, the User who is a consumer has the right to demand their removal within an appropriate period of time, depending on the nature and complexity of the error.
§4. FUNCTIONALITIES OF THE WEBSITE / MOBILE APPLICATION
1. Services that the Administrator provides as part of the Website/Mobile Application:
a) Enabling the ordering and booking of catering services provided by the Administrator,
b) Ordering services and paying for catering services online,
c) Enabling the use of other functions available on the Website/Mobile Application,
d) Newsletter service.
2. Not all of the above-mentioned services provided via the Website or Application are free for Users using the Website/Mobile Application. Information on which of the services are available only after making a Fee can be found in the description of a given service/functionality
1. If the User considers that the Administrator does not provide services in accordance with the obligations assumed, he may file a complaint. In such a situation, the User is asked to inform the Administrator about the shortcomings so as to enable the Administrator to respond to them.
2. Complaints should be sent to the following address: NorikoSushi Marcin Jasiura, with its registered office at at Mińska street 45, lok. 204u, 03-808 Warsaw or by e-mail via e-mail sent to the following address: firstname.lastname@example.org.
3. The content of the notification should include: name and surname, e-mail address, description of the objections raised, as well as your demands. In order to facilitate the complaint procedure, the Administrator provides Appendix No. 2 to the Regulations on the Website and in the Mobile Application.
4. If the data or information provided in the complaint need to be supplemented, the Administrator, before considering the complaint, will ask the User to supplement it in the indicated scope.
5. The Administrator will respond to such a complaint within 30 days. The response to the complaint is sent only to the e-mail address, unless the User wishes to receive a reply by post, providing the correspondence address in the complaint.
6. No response from the Administrator within 30 days results in recognizing the complaint as justified.
§6. WITHDRAWAL FROM THE AGREEMENT
1. Services consisting in enabling the use of the Mobile Application/Website provided to Users, including Users who are consumers within the meaning of Art. 22(1) of the Act of 23 April 1964 – Civil Code, are digital services not recorded on a tangible medium, therefore, before using these services, the User is asked to consent to the immediate start of providing the service electronically (due to the nature of the services) , which is equivalent to the loss of the right to withdraw from the Agreement.
2. A user who is a consumer within the meaning of art. 22(1) of the Act of 23 April 1964 – Civil Code, in the case of catering services, the reservation and order of which is available in the Mobile Application and the Website, there is no right to withdraw from a distance contract, without giving a reason, within 14 days from the date of conclusion of the Agreement, pursuant to art. 38 points 12 of the Consumer Rights Act.
3. The right to withdraw from the Agreement under the Act on Consumer Rights is not due to the User in the following cases:
a. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract;
b. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawing from the contract;
c. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
d. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
e. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
f. in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
g. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
h. in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or supplies items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or items;
in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
j. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
k. concluded by way of a public auction;
l. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
4. Notwithstanding the foregoing, the Administrator enables withdrawal from the contract for the provision of catering services, in which case it is necessary to submit a written statement by the User by e-mail or post, no later than 72 hours before the date on which the selected catering services were to be provided . The template of the declaration of withdrawal is included in Appendix No. 1 to the Regulations.
5. The Administrator (if he is the one who performs the service) guarantees the return of the price of the Catering Service (except for fees and commissions of payment platforms), not later than within 14 days of receiving the correct statement of withdrawal from the Agreement.
6. The refund is made using the same method of payment as used by the User, unless the User expressly agreed to a different method of return, which does not involve additional costs for him.
7. The provisions of this paragraph do not apply to Users who are not consumers within the meaning of art. 22(1) of the Act of April 23, 1964 – Civil Code, i.e. persons performing legal transactions directly related to their business or professional activity on their own behalf – in their case the right to withdraw from the Agreement is absolutely excluded.
§7. COPYRIGHT PROTECTION
1. The Administrator grants the User a non-exclusive, territorially unlimited license to use the Mobile Application – for the duration of the Agreement. The User may not grant sub-licences, and the License itself may not be transferred to another entity without the express consent of the Administrator.
2. All photos and other materials (including texts, graphics, logos) posted on the Website/Mobile Application belong to the Administrator or have been used with the consent of third parties who have copyrights to them.
3. It is forbidden to copy photos and other graphic materials and to reprint texts posted on the Website/Mobile Application, including their sharing on the Internet without the written consent of the Administrator or another third party holding copyrights to them.
4. It is also forbidden for external entities to download photos, graphics, texts and other materials from the Website / Mobile Application and to use them for marketing and commercial purposes.
5. The use of the above-mentioned materials without the written consent of the Administrator or another third party who is entitled to copyright is against the law and may be the basis for instituting civil and criminal proceedings against the person committing such action.
§8. PERSONAL DATA PROTECTION
1. Providing personal data is voluntary, but necessary to conclude an Agreement for the provision of electronic services with the Administrator and to book services available in the Administrator’s clinic electronically.
2. Personal data is processed only for the purpose of providing the services referred to in these Regulations.
4. The User’s personal data will not be disclosed to other persons or institutions for marketing purposes without his express consent. The User always has access to their data in order to verify, modify or delete them from the Administrator’s database.
§9. FINAL PROVISIONS
1. The Administrator reserves the right to introduce restrictions on the use of the Website or the Mobile Application caused by their technical service, maintenance work or work on improving their functionality. At the same time, the Administrator undertakes to make every effort to ensure that these breaks take place at night and last as short as possible.
2. The Administrator reserves the right to change the Regulations and extend or limit the scope of services offered. The Administrator will inform about any changes by sending information about the introduced changes to the User’s e-mail address or directly via the Website/Application. The changes will enter into force not earlier than 7 days from the date of informing the User about these changes.
3. The changes introduced in the Regulations are not intended to infringe the rights acquired by the Users before the changes were introduced.
4. The provisions of these Regulations are not intended to exclude or limit any rights of the User who is a consumer within the meaning of the Act of 23 April 1964 – Civil Code, vested in him under the mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions.
5. Any disputes between the Administrator and Users will be resolved amicably or in the presence of an independent and impartial mediator. The User may ask the Permanent Consumer Arbitration Court to resolve the dispute or submit an application to the competent Voivodship Inspectorate of the Trade Inspection.
6. Detailed information, contact details and a list of consumer courts of arbitration can be found on the website of the Office of Competition and Consumer Protection. The user may submit his complaint, e.g. via the EU ODR (online dispute resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.
7. If it is not possible to resolve the dispute amicably, the court competent to consider the dispute with the User who is a consumer within the meaning of art. 22(1) of the Act of April 23, 1964 – Civil Code (i.e. Journal of Laws of 2019, item 1145, 1495.) is the competent court under Polish law.
8. In the event of a dispute with a User who is not a consumer – the deciding court will be the court competent for the registered office of the Administrator.
9. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the provisions of the Act of April 23, 1964 – Civil Code and other relevant provisions.
10. The Regulations have been in force since October 29, 2021.