Všeobecné obchodné podmienky
Terms and Conditions of Sole Proprietor Ing. Ivan Považanec – PLIP, operator of the online food delivery portal at www.clickfood.sk
for purchase agreements concluded via online transactions conducted at www.clickfood.sk
1. Basic provisions
1.1. These Terms & Conditions (T&C) stipulate the rights and obligations of the sole proprietor, Ing. Ivan Považanec – PLIP, Company ID: 11807245, with place of business at Banšelova 3, 821 04 Bratislava, registered in the Trade License Register at Bratislava District Office, Department of Trade Licensing under no. 104-21976 (“seller” or “operator”) as the operator of the Internet portal and customers on the basis of the purchase agreements between the seller and the customer or purchaser online concerning the purchase of goods via the Internet portal located at the website www.clickfood.sk.
1.2. The Clickfood portal is a website that enables visitors to find and order food online from restaurants using the operator’s delivery service.
1.3. A customer is a natural person or legal entity using the services of the Clickfood portal to make a binding order using the Clickfood portal (“customer”). Third parties that the customer defines as the person for whom the goods are ordered, i.e. who will take receipt of the food, may also be considered a customer under these T&C under specific circumstances (“authorised person”). Providing the name of such authorised person in a binding order is considered their authorisation to accept the purchased food.
1.4. A customer completes an order or customer registration by confirming their agreement with these T&C while confirming that they have reviewed these T&C, conditions for ordering goods and agree with them in the form valid and in force at the moment the order is completed.
1.5. The customer is aware that the act of purchasing the goods offered by the seller does not give the customer any right to use the registered trademarks, trade names, corporate logos or patents of the seller and that these are fully protected under valid Slovak law. Demonstrable violation of these rights is punishable under valid Slovak law.
2. Customer registration, orders, conclusion of the purchase agreement
Customer registration
2.1. Registration at Clickfood gives the customer the ability to make simpler orders when reordering foods. Registration is understood as sending personal data for the purposes identified in the provisions of “Security and protection of information and personal data” and consent provided to the operator to process personal data. The customer is obliged to disclose accurate personal and contact details needed to complete food purchases. The operator is not liable for damages to the customer, authorised person or third parties caused by the disclosure of inaccurate, incomplete or misleading personal or contact details.
Orders
2.2. The customer may order food published in the individual menus and offers published on the Clickfood portal. An order is created when the customer enters the requested details and adds the ordered food to an order on the Clickfood portal and then clicks on “Pay”. By clicking on "Pay” and "I agree with T&C" , the customer also agrees to these T&C (the seller’s terms and conditions) and the customer’s agreement to the processing of their personal data. The condition for order validity is the completion of all data and details contained on the form located at the Clickfood portal.
2.3. The customer has the option to check the details of the order and modify them before the order is sent.
2.4. By clicking “Pay”, the customer declares and confirms that it is fully capable of legal actions and has sufficient means of payment to pay the purchase price for the ordered food.
Order acceptance
2.5. Once an order is sent, i.e. confirmed by clicking “Pay” with the information that the order requires payment of the purchase price for the food, the customer is sent confirmation of order receipt to their email without any undue delay after the order is processed.
2.6. Confirmation of order receipt includes an order number, name and specification of the ordered food, food purchase price details and delivery charges, method of payment, details of the expected delivery time, delivery address and the seller’s details.
Purchase agreement
2.7. The publication of food by the seller on the Clickfood portal functions as a draft purchase agreement. Upon completion of an order (clicking on “Finish”) by the customer and subsequent confirmation of the order, a purchase agreement is concluded with the seller that involves the seller's commitment to complete and deliver the food as defined in the order and the customer’s commitment to accept and pay the purchase price for the food in a full and timely manner after confirmation of the order and receipt of the food.
2.8. No purchase agreement exists if it is demonstrated that the customer makes a clear and demonstrable mistake in concluding such agreement or that it attempted to exploit a clear technical or information-related defect, or employed any device, procedures, communication and other means during the conclusion of such agreement to the detriment of the operator or exploited and misused an error in the provided data and information. To clarify, the customer is obliged to first review and certify the accuracy of the information provided and disclosed before completing an order. If it is demonstrated that the customer took deliberate action to harm the interests of the operator, the customer commits to compensate the operator by paying a contractual fine in the amount of the actual damages incurred at the time of the violation and involving the food sold by the operator.
Promotions
2.9. If there is a current promotion involving the sales of food or other goods on the Clickfood portal, such promotion is subject to the T&C and the binding conditions for the specific promotion. If a customer orders food or goods in violation of the conditions for the specific promotion, the seller is authorised to reject the buyer's order. The customer will be informed via email if their order is not accepted and funds will be refunded to the customer if payment is received within 30 days at the latest to the specified amount, unless the seller decides otherwise.
Archiving
2.10. The seller archives concluded agreements for a minimum of five years from their conclusion, up to the maximum term allowed under applicable laws for the purpose of their successful execution and are not made accessible to uninvolved third parties. Information about agreements, orders and personal data may only be published and disclosed by the operator on the basis of the law, in particular if required by prosecution authorities or other state and public authorities or if required under an international treaty to which Slovakia is bound and that was declared and adopted in the manner defined in the law.
3. Binding offers and cancelling orders
3.1. The seller is bound to the range of food offered on the portal, including the prices of all goods, from confirmation of the customer’s order to delivery or the expiry of the delivery term. The customer has the right to cancel any order that is not confirmed by the seller by sending a confirmation email within a minimum period of at least 15 minutes from the sending of the order. The customer is not charged a cancellation fee in this case.
3.2. The customer is bound to a confirmed order and is obliged to pay the purchase price of the ordered goods. Orders cannot be cancelled after order confirmation is received.
3.3. The seller has the right to cancel an order if the goods are sold out or unavailable, even after making
every effort that can reasonably be expected of it and it is unable to deliver the goods to the customer in the term defined herein or at the price presented in the e-shop, unless a different agreement is reached with a customer.
3.4. The seller has the right to cancel an order if it cannot contact the customer over the phone within 30 minutes of confirmation of the customer’s electronic order. The customer will be informed via email or over the phone if an order is cancelled.
3.5. If the customer has already paid the purchase price for the goods included in a cancelled order in part or in full, this amount will be refunded within 30 calendar days from the delivery of the order cancellation notice in the form of a non-cash transfer to the customer’s account. If the conditions are met to return the goods, the customer will be refunded the full amount paid for such goods.
4. Delivery conditions
Method and place of delivery
4.1. The seller's commitment to deliver goods is met upon delivery of the goods to the customer or the authorised person contained in the order or a confirmed order. The seller sends the customer information about the expected time of delivery of the ordered goods to their email address. The seller delivers the ordered goods via courier. If the ordered goods cannot be delivered in the agreed term, the customer is contacted by the operator to agree on how to proceed.
4.2. The customer commits to provide appropriate cooperation during delivery of the ordered goods to the customer, in particular: by answering the phone call from the courier when delivering the ordered goods, making the place of delivery accessible for the courier when delivering the ordered goods and furnishing proof of identification for the purposes of verifying their identity.
4.3. The seller is not liable for damages caused by the delayed delivery of the ordered goods to the customer for reasons attributable to the carrier or the fact an incorrect address is provided in the order.
Delivery term
4.4. The expected delivery term is provided by the seller in the order confirmation. The delivery term is
relative and includes the period needed for preparation, removal from stock and handover to the courier as well as actual delivery. Its length usually varies from 30 to 120 minutes depending on traffic and other potential factors that impact delivery of the order. The customer is informed of an extended delivery term via email to their email address.
Receipt
4.5. The customer is obliged to accept the goods at the place of delivery specified in the order as the delivery address. The customer must inspect the goods upon receipt of the delivered goods. The seller’s commitment to deliver is complete even if the customer does not or refuses to accept the goods at the agreed time and place specified in the order. If the customer does not accept the goods in a full and timely manner, the goods will be returned back to the seller and the seller has the right to withdraw from the purchase agreement; in such case, the customer accepts a refund of the purchase price less the costs associated with delivery and return.
4.6. If the seller delivers goods that differ from those specified in a confirmed order and the customer refuses to accept such goods, the purchase agreement is terminated and the seller commits to refund the purchase price, if already paid, back to the customer. If the seller delivers goods that differ from those specified in a confirmed order or fails to deliver a portion of the ordered goods, the customer may agree with the seller on substitute goods; in such case, the seller commits to refund the difference in the purchase price for the delivered goods and the purchase price for the ordered goods if the purchase price of the delivered goods is less than the purchase price of the ordered goods; in the opposite case, the seller commits to refrain from charging the difference in the purchase price.
4.7. The customer's obligation to accept and pay the purchase price for the ordered goods is terminated if the seller fails to fulfil its contractual obligation to deliver the goods at the agreed place and time defined in the confirmed order, or within 120 minutes from the time agreed in the confirmed order at the latest.
4.8. The customer assumes ownerships of the ordered goods upon receipt at the place of delivery. The customer also assumes all risks of random spoilage or deterioration upon receipt of the goods.
Claims
4.9. Claims may be filed over the phone during the seller’s business hours, during receipt from the courier or in person with the seller during business hours, during delivery of the goods or on the following day at the latest. Subsequent claims for incomplete or swapped goods will not be accepted.
5. Prices and payment conditions
5.1. Current and valid prices only are displayed on the Clickfood portal. The prices for goods are final and inclusive of VAT and all other taxes and fees on the part of the seller. Promotional prices apply while supplies last with respect to the identified quantity of promotional products or until expiry of the specified period. The original price refers to the price of the goods for which the seller offers these goods on the Clickfood portal regardless of any overall potential bonuses, sales support marketing campaigns or other promotions involving discounts.
5.2. The total purchase price for ordered goods, including delivery fees and any other fees, is displayed to the customer at the time an order is completed and specified in the order confirmation.
5.3. The customer is aware that the purchase price does not include costs for their Internet connection and costs associated with the transfer of funds using an Internetbanking application or when the customer uses a payment card.
5.4. The seller charges the customer the purchase price of the ordered goods based on an invoice issued on the basis of the concluded purchase agreement or cash register receipt from a certified cash register. The seller sends the customer information about the purchase agreement and payment conditions to the customer’s email immediately after accepting the customer’s order. The customer commits to pay the purchase price, whereby the purchase price is paid once the amount of the billing invoice is credited to the seller’s bank account.
5.5. The customer pays the purchase price identified in the confirmed order:
a) In cash, using a payment card or with meal vouchers upon receipt of the delivered food.
b) In cash, using a payment card or with meal vouchers upon personal pick-up from the seller’s place of business.
c) Using a payment card before completion of the order on the portal using the virtual POS terminal.
6. Decisive body of law and resolution of disputes
6.1. Orders, confirmed orders, these T&C and matters arising on the basis thereof are subject to Slovak law with consideration given to generally accepted business practices in the given business sector.
6.2. The rights and obligations of the parties that are not explicitly stipulated in an order or these T&C are subject to applicable provisions of the Commercial Code and related legal regulations.
7. Personal data records
7.1. The seller functions as an operator for orders made over the phone with respect to the processing of the customer's personal data and is subject to the provisions of Section 10 (3) (b) of Act No. 122/2013 Coll. on the Protection of Personal Data and amendment of certain acts. The seller functions as an operator for orders made using the Clickfood portal with respect to the processing of the customer's personal data and is subject to the provisions of Section 11 (4) of Act No. 122/2013 Coll. on the Protection of Personal Data and amendment of certain acts.
7.2. The scope of this personal data is stipulated by details that must be specified on an order under the law (in the scope of: name and surname, address, phone number, email address, bank details and IBAN number) needed to perform the purchase agreement.
7.3. The operator will process such data in the form in which they are provided by the customer. The operator reserves the right to process the customer’s data for the purposes of taking the actions needed to protect its rights and its right to protect its interests and to maintain financial and accounting records. The handling of personal data is also subject to the General Principles of Personal Data Handling, which the customer is obliged to review before sending an order, and is available at www.clickfood.sk.
7.4. If the purchaser wants to subscribe to receive more information from the operator about other goods, promotions and news, the customer can select the box for "Opt - in to recieve optional newsletter promotions" when sending an order; this also provides the operator with approval to process its personal data in the scope of its email address and phone number for marketing purposes. This approval is awarded for an open-ended term and may be recalled at any time by sending notice to the operator’s email address, by post or over the phone.
8. Final provisions
8.1. These Terms & Conditions are valid and in force as of 1 May 2016. The seller reserves the right to amend the Terms & Conditions without prior notice. The obligation to provide written notice of amendments to terms and conditions is met upon publication on the website www.clickfood.sk.
8.2. Upon acceptance of these Terms & Conditions, the customer is aware and takes responsibility for all damages caused by false or misleading information.
Bratislava, dated 1 May 2016
