Terms and Conditions of the azia.pl website and AziaRestaurants mobile app
§ 1. Definitions
1. Terms used in this Terms and Conditions have the following respective meaning:
1.1. Account – a User’s account constituting a set of resources and rights in the Service Provider’s IT system available for the User, created after the User’s registration; a User may register and gain access to the Account via the Web Site as a part of the Services provided on the basis of the present Terms and Conditions or another access channel made available by the Service Provider subject to the rules specified in separate regulations;
1.2. Azia Restaurants Program – a loyalty program called “Azia Restaurants”, organized by the Service Provider on the basis of separate regulations;
1.3. Terms and Conditions – these terms and conditions on providing services by electronic means;
1.4. Restaurants of Azia Restaurants – restaurants belonging to the Azia Concept network run by the Service Provider on the territory of the Republic of Poland;
1.5. Website – a website available at www.azia.pl
1.6. Application – an application for mobile devices called “AziaRestaurants”, available for free download at online stores AppStore and Google Play;
1.7. Order – an order of foodstuffs, beverages or other goods selected from the menu of Azia Restaurants, intended for current consumption in the household, placed by the User through the Website or Application, delivered to the User’s home, residence or workplace within regular deliveries run by Azia Restaurants and delivery services Uber Eats, Pizza Portal, Royal Menu and Daily, or collected at Azia Restaurants.
1.8. User – a natural person using the Services in accordance with Terms and Conditions;
1.9. Order – an order of foodstuffs, beverages or other goods selected from the menu of Azia Restaurants, intended for current consumption in the household, placed by the User through the Website or Application, delivered to the User’s home, residence or workplace within regular deliveries run by Azia Restaurants and delivery services Uber Eats, Pizza Portal, Royal Menu and Daily, or collected at Azia Restaurants.
§ 2. General provisions
1. These Terms and Conditions determine conditions and rules for providing services by electronic means trough the Website and the Application.
2. The service provider that provides Services within the Website and the Application is the Service Provider.
3. These Terms and Conditions are regulations, as described in the Article 8 of the Act of 18 July, 2002 on Providing Services by Electronic Means.
§ 3. Services provided by electronic means
1. The services provided by the Service Provider through the Website and the Application (hereinafter referred to as „Services”) include:
1.1. informing Users about the offer of Azia Restaurants;
1.2. enabling Users to search for the nearest Azia Restaurant using a virtual Azia Restaurants map;
1.3. enabling Users to place Orders;
1.4. enabling Users to register an Account;
1.5. enabling Users to access the Account;
1.6. providing Users, being the members of the Azia Restaurants Program, the access to the information addressed to them and functionalities of the Website related to the Program;
1.7. possibility of tracking orders in progress;
1.8. enabling to file complaints;
1.9. additionally, for Application users:
a) possibility of receiving “push” notifications or text messages regarding the order status;
b) possibility of receiving “push notifications” from the Service Provider regarding special offers and promotions.
2. The services shall be intended for all Internet users, with the reservation that the Services referred to in § 3 par. 1.3-1.9 shall be intended for natural persons with full legal capacity to perform legal acts. Persons with limited capacity to perform legal acts (including persons between 13 and 18 years of age, not placed under plenary guardianship) can use the Services referred to in § 3 par. 1.3-1.9 with the consent of the statutory representative (e.g. a parent). With regard to the Application, the Services referred to in § 3 par.1.3-1.9 shall be intended for natural persons with full legal capacity to perform legal acts, who have downloaded and installed the Application on their mobile device.
3. The Services referred to in § 3 par.1 shall be provided free of charge. Placing an Order using the Service shall entail a payment obligation in accordance with the information displayed on the Website and the Application.
4. While using the Services the User is prohibited to provide content that is unlawful, including:
4.1. information and data processed in a way posing a risk of infringement of IT security or stability of the Website and the Application;
4.2. information infringing intellectual property rights, including copyrights and rights to trademarks belonging to the Service Provider or the third parties;
4.3. other information and data infringing mandatory provisions of law.
§ 4. Placing orders
1. Orders are carried out in the supply area of AZIA Restaurants. Information on the possibility to execute a supply at the address provided by a User and the particular AZIA Restaurant carrying out the supply is available on the Website in the beginning of the Order placing procedure. The possibility of carrying out a particular Order by a specific AZIA Restaurants restaurant is checked automatically. If it is impossible to carry out an Order for the provided address, the User is informed about that fact in an adequate notice.
2. Payment for an Order may be, at the User’s choice, made on delivery – in cash, VISA or Master Card payment card, or on-line via the Dotpay Sp. z o.o. payment system.
3. Orders may be placed both by the Users having an Account and the Users not having an Account.
4. For the Users who do not have an Account and want to place an Order, the procedure is as follows:
4.1. select the Order type on the Website or the Application;
4.2. fill in the following fields in the Order form: city, street and street number, mobile phone number;
4.3. select the ordered products offered by the Azia Restaurants by ticking them in the Website offer, select quantity, amount or size of a particular product and, if possible, make modifications for a particular product;
4.4. select the payment method;
4.5. accept the Order clicking “Zamawiam i zapłacę” – “Order and pay”.
5. For the Users who have an Account and want to place an Order (subject to § 5 par. 8 of Terms and Conditions), the procedure is as follows:
5.1. log in to the Website or the Application with the use of their login and password;
5.2. select the Order type on the Website or the Application;
5.3. choose from the list of the saved addresses the address at which the Order is to be delivered or enter a new delivery address;
5.4. select the ordered products offered by the Azia Restaurants by ticking them in the Website or the Application offer, select quantity, amount or size of a particular product and, if possible, make modifications for a particular product.
5.5. select the payment method;
5.6. accept the Order clicking “Zamawiam i zapłacę” – “Order and pay”.
6. When all the steps specified in § 4 par. 4 and 5 above are properly completed, the Order is accepted for processing.
7. The Service Provider reserves a right to confirm the placed order via telephone calling the number provided by the User in the course of placing the Order or creating the Account.
8. Orders may be placed by the Users acting on behalf of other subjects, including legal entities or organizational units without legal personality.
9. A User may receive a VAT invoice for the placed Order. To receive an invoice, select the “Faktura VAT” – “VAT invoice” when placing the Order. The Users having an Account will be able to save 3 sets of data necessary to issue an invoice, and it is possible to search for the identification data with the buyer’s NIP (tax ID) number. The Users who do not have an Account will need to provide the data entered on the VAT Invoice each time.
10. The costs of delivery are covered by the Service Provider
§ 5. Registration and access to the Azia Restaurants Account
1. Azia Restaurant Account is registered online by filling in a registration form available on the Website in the “Utwórz konto” – “Open an Account” tab. Account registration via the Application is made by filling in a registration form available in the Application after it has been installed and launched (the “Dołącz do nas“ – “Join us“ screen).
2. The registration form contains clearly marked fields, which must be filled in.
3. In the registration form, a User provides his personal data necessary to contact the User and to create and maintain the Account.
4. After a User fills in and sends the registration form, the Service Provider sends, at the electronic mail address specified by the User, confirmation of the registration and creation of the Account. The Account is activated when the User clicks a special activation link included in the e-mail sent by the Service Provider.
5. A User gains access to the Account after providing the login and the password chosen during the registration process. The login and the password are confidential. The Service Provider hereby informs that providing access to the login and the password to the third parties may pose a risk for the User’s privacy or other legally protected interests.
6. The Account enables:
6.1. online monitoring of the Order status;
6.2. placing complaints regarding the Order and the Services via the form available after logging in to the Account;
6.3. receiving text messages about the Order status;
6.4. storing the addresses for delivery of Orders;
6.5. storing data necessary to issue VAT invoices for maximum three buyers;
6.6. registration of the card in the Azia Restaurants Program;
6.7. viewing the vouchers given and used in the Azia Restaurants Program;
6.8. editing the User data.
7. The Service Provider hereby informs that the Account also enables the use of services concerning remote ordering of food, beverages or other articles available in restaurants other than Azia Restaurants run by the Service Provider, for which the Service Provider ensures possibility of placing remote orders via separate internet websites or ICT tools (e.g. mobile applications) (herein: “Separate Food Order Services”). This means that the Account is valid also as a part of Separate Food Order Services rendered by the Service Provider, and a User who created an Account via the Website in accordance with the principles specified in the present Terms and Conditions does not have to create an account as a part of such Separate Food Order Services and may log in to such services using the access data to the Account described in the present Terms and Conditions.
8. For the purposes of these Terms and Conditions, a User having an active account in a Separate Food Order Service rendered by the Service Provider is treated as a User having an Account. This means that such a User may log in to the Account on the Website with the login and password selected at the moment of creating the account (registration) as a part of the aforementioned Separate Food Order Service.
9. Separate Food Order Services refer to the Hana Sushi network restaurants.
§ 6. Technical requirements
1. The proper use of the Website and Services provided through it is technically possible only with an internet connected PC equipped with an operational system (Windows, Mac OS, Linux or similar) and an internet browser – Internet Explorer, Opera, Firefox, Google Chrome or Safari in the current version.
2. The Website may be also accessed from mobile devices such as smartphones, tablets or palmtops. The use of the mobile version of the Website is technically possible only with an internet connected mobile device equipped with one of the popular browsers in the current version (Android Browser, Chrome Mobile, Internet Explorer Mobile, Opera Mini or Safari Mobile).
3. The proper use of the Application and Services provided through it is technically possible only with an internet connected mobile device equipped with Android operating system version 4 or higher, or iOS version 8 or higher.
4. Using the Services based on location mechanisms requires a mobile device equipped with a GPS receiver, with the GPS location function enabled (requires a consent for the Application’s access to the User’s device location information).
§ 7. Agreement validity and resignation from the Services
1. A User may use the Services or resign from them at any time. The agreement on rendering the Services connected with the Account is concluded for an undefined period of time at the moment the Account is activated in accordance with § 5 par. 4 of the Terms and Conditions. The minimum period of a User’s obligations has not been defined, and a User is not obliged to use the Service in any specific period.
2. Resignation from the Services may be reported by an e-mail with a User’s declaration sent at the email address email@example.com or by a letter sent at the Service Provider’s address („Azia Concept Sp. z o. o.”, C.H., Arkadia unit 1.05, al. Jana Pawła II 82, 00-175 Warszawa) as well as by uninstalling the Application.
3. Pursuant to the binding legal provisions, a User being a consumer has a right to withdraw from a remote agreement concluded in line with the provisions specified in the present Terms and Conditions, the subject matter of which are the Services, at any time, also within 14 days since the date of its conclusion, without giving any reason.
4. In order to execute the above mentioned right, a User shall inform the Service Provider about his or her decision on withdrawal. Resignation from the Services carried out with the use of any method described in § 7 par. 2 of the Terms and Conditions within the period specified in the preceding paragraph shall be also treated as informing about such a decision.
5. A User may also withdraw from the Agreement making a clear declaration handed over at the Service Provider’s address specified in the Terms and Conditions, for instance by sending a letter (at the address „Azia Concept”, C.H. Arkadia unit 1.05, al. Jana Pawła II 82, 00-175 Warszawa) or an e-mail (at the address firstname.lastname@example.org).
6. In order to execute the right to withdraw from the Agreement, a User may use the statutory model withdrawal form constituting the appendix no. 2 to the Consumer Rights Act dated 30 May 2014. Such a model withdrawal form is available at: http://dziennikustaw.gov.pl/DU/2014/827/1 (a program reading PDF files is required, e.g. Adobe Acrobat Reader). Using the model is not mandatory.
7. In order to obey the deadline for withdrawal from the Agreement specified in § 7 par. 3. above, it is enough to send information on executing the User’s right to withdraw from the Agreement before the deadline.
8. In the event the Service Provider receives a declaration on withdrawal from the Agreement or a User’s resignation form the Services, the User shall not be charged with any costs of the rendered Service.
9. Execution of the right to withdraw from the Agreement or resignation from the Services in line with the rules defined in the present § 7 shall have no impact on the completion of the Orders and the Parties’ obligations referring to the Orders placed by the User prior to the date of the withdrawal or resignation.
§ 8. Complaints referring to the Orders
1. The Service Provider shall complete the Orders without defects. The Service Provider bears liability towards a User under warranty in reference to physical and legal defects of the subject of the Order pursuant to the provisions of the Polish Civil Code.
2. Complaints referring to the Orders may be lodged:
2.1. via the Application – by the registered Users having an Azia Restaurants Account;
2.2. via the Website – by the Users having an Azia Restaurants Account;
2.3. via telephone at the phone number of the Azia Restaurant carrying out the Order – by all of the Users;
2.4. in writing, at the address of the Service Provider („Azia Concept Sp. z o. o.”, C.H. Arkadia unit 1.05, al. Jana Pawła II 82, 00-175 Warszawa).
3. A complaint should consist of personal details of the person lodging the complaint (first name and surname, correspondence address, and optionally – e-mail address and the phone number), the reason of the complaint and the User’s request.
4. Complaints shall be considered by the Service Provider within 14 days since the date of their receipt, subject to par. 6 – 7 below, unless mandatory provisions of law provide for a shorter period.
5. The person placing a complaint will be informed by the Service Provider about the method of considering the complaint via a letter sent at the address provided in the complaint or an e-mail – depending on the method of placing the complaint
6. Complaints referring to physical or legal defects of the products included in the Order shall be considered in accordance with the provisions of the Polish Civil Code referring to warranty for defects.
7. In the event when a User being a consumer asks, under the provisions referring to warranty for defects, for exchange of the products included in the Order or for removal of the defects, or makes a declaration with a request for price reduction specifying the amount by which the price is to be reduced, and the Service Provider fails to answer to this request within 14 days, the request shall be deemed approved by the Service Provider
8. A User being a Consumer who wants to be assisted in the course of placing a complaint, may ask for it a municipal or district consumer advocate providing free of charge assistance and advisory services in the area of Consumer rights protection.
§ 9. Complaints referring to the Services
1. Any complaints referring to the Services may be lodged:
1.1. at the electronic address of the Service Provider (email@example.com) or
1.2. in writing, at the address of the Service Provider („Azia Concept Sp. z o. o.”, C.H. Arkadia lok. 1.05, al. Jana Pawła II 82, 00-175 Warszawa).
2. A complaint should consist of the first name and surname of the person lodging the complaint, the reason of the complaint and the User’s request.
3. Complaints shall be considered in the order in which they are lodged, within 14 days since the date of their receipt by the Service Provider.
4. The person placing a complaint will be informed about the method of considering the complaint via a letter or electronic mail – depending on the method of placing the complaint.
§ 10. Personal data protection
1. Azia Concept Sp. z o. o.” based in Warsaw a: al. Jana Pawła II 82 unit 1.05, 00-175 Warszawa, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0000633403, tax number NIP: 1132916587, contact telephone number: 516 390 604, contact e-mail address: firstname.lastname@example.org, shall act as the Administrator of the personal data of the Users and shall process the personal data of the Users in accordance with the act dated 29 August 1997 on the Protection of Personal Data (Polish Journal of Laws Dz.U. of 2002 no. 101, item 926, as amended).
2. Personal data included in the Account’s registration form and the Order form is processed by the Service Provider for the needs of rendering the Services and fulfilling the Order, as well as for the needs of maintaining the Account that enables the use of the services rendered electronically by the Service Provider.
3. In the course of the registration, a User may also give consent to processing his or her personal data for the marketing purposes of the Service Provider, their subcontractors, and entities belonging to the Azia Concept capital group, as well as to receiving marketing information from the Service Provider, including offers and promotions referring to the Service Provider, at the electronic mail address and the telephone number provided by the User. Such consent is voluntary and the use of the Services is not subject to it.
4. A User has a right to access his or her personal data, as well as to ask for its correction
5. Personal data of the Users making payments online via the Dotpay system are provided to Dotpay Sp. z o. o. with its registered office in Kraków (ul. Wielicka 72, 30-552 Kraków), KRS: 0000700791.
§ 11. Out-of-court dispute settlement
1. 1. A User being a consumer may apply out-of-court methods of complaint consideration and claim enforcement such as:
1.1. applying to the Permanent Consumer Arbitration Court at the Trade Inspectorate for settlement of a dispute connected with the concluded agreement;
1.2. applying to the provincial inspector of the Trade Inspectorate for initiating mediation proceedings on amicable settlement of a dispute between a Consumer and the Service Provider.
2. A User has a right to request for free assistance in settlement of a dispute between a User and the Service Provider applying to the provincial (municipal) ombudsman or a social organization the statutory objects of which include consumer protection (among others the Consumers’ Association, the Association of Polish Consumers).
3. Detailed information on out-of-court methods of complaint consideration and claim enforcement, and the rules of access to the procedures is available at the premises and on the websites of the provincial (municipal) ombudsman or social organizations the statutory objects of which include consumer protection, Provincial Trade Inspection Inspectorates and at: http://www.uokik.gov.pl.
§ 12. Other information intended for the Users
1. Terms and Conditions may be downloaded free of charge in the pdf format at www.azia.pl to make it possible for the Users to store it and read it at any time.
2. Agreements on Service rendering are concluded with the Service Provider in Polish.
3. The Service Provider hereby informs that, about Service rendering:
3.1. the Service Provider does not apply ethical codes within the meaning of the art. 661 § 2(6) of the Polish Civil Code or code of good practices within the meaning of the provisions on combating unfair commercial practices;
3.2. the Service Provider does not collect any deposits from the Users and does not requires any other type of financial guarantees;
3.3. the Service Provider does not make any warranties and does not offer any post-sales services;
3.4. the Service Provider does not implement any means of protection against content copying or accessing without the Service Provider’s consent.
§ 13. Amendments to Terms and Conditions
1. The Service Provider may amend the present Terms and Conditions for significant reasons, such as:
1.1. amendments in the generally applicable legal provisions having direct impact on the content of the present Terms and Conditions;
1.2. issuance of an order or decision having direct impact on the content of the present Terms and Conditions by the court or public administration authorities;
1.3. introduction of new functionalities of the Website or the Applications;
1.4. preventing infringements of law or infringements of the present Terms and Conditions;