These Terms and Conditions (hereinafter referred to as the “Terms”) are issued by Choice QR s.r.o., Company ID No.: 09517600, with its registered office at Na příkopě 857/18, Nové Město, 110 00 Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 337491 (hereinafter referred to as the “Operator”).
These Terms and Conditions govern the mutual rights and obligations between the Operator, the User and the Partner arising from the operation and use of the Choice Application, as well as other rights and obligations of the Users when using the services provided in connection with the Choice Application, in particular:
mutual rights and obligations between the Operator and the User, which arise from the access and use of the Choice Application, and which arise from the use of the Choice Application services and the user account;
mutual rights and obligations relating to purchase contracts negotiated regarding Products, or other contracts (e.g. relating to delivery services), the conclusion of which is mediated by the Operator through the Choice Application, while these Terms are an integral part of the purchase (or other) contract concluded between the Partner and the User.
Unless the context otherwise requires, the following words and expressions used in these Terms shall have the following meanings:
“Choice Application” is a technical solution, or a computer program or application called Choice, the main essence and function of which is to enable Users to view, order and purchase the Products of the Operator’s Partners and to mediate the conclusion of a purchase contract regarding the relevant Products with the Partner, or to mediate delivery services, as well as to reserve a seat with the Partners, to manage marketing for the Partners, as well as to mediate communication between the Partners and the Users.
The “Copyright Act” means Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on amendments to certain acts, as amended.
“Partner” is the operator of a restaurant or other business providing gastronomic services, or another partner (natural or legal person doing business), whose Products are offered and sold through the Choice Application, on the basis of a brokerage contract or other similar contract concluded with the Operator.
“Terms” means these Terms and Conditions of Use of the Choice Application.
“Products” means the Partner‘s products and services offered and sold by the Partner through the Choice Application to Users for direct and immediate consumption.
“Operator” means the company defined in Art. 1.1 of these Terms.
The “Civil Code” means Act No. 89/2012 Coll., the Civil Code, as amended.
“User” is a natural or legal person using the services of the Choice Application and thus entering into a purchase contract with the Partner.
The “Consumer Protection Act” means Act No. 634/1992 Coll., on Consumer Protection, as amended.
The User declares and expressly confirms that he/she has carefully read, fully understood, agreed to and undertakes to abide by these Terms before using the services of the Choice Application. The User further declares and warrants that he/she has legal capacity (especially with regard to his/her age) or is represented by his/her legal representative.
BASIC PRINCIPLES OF HOW THE CHOICE APPLICATION WORKS
The Operator mediates the offer of Partners for the sale of Products to Users through the Choice Application, thus enabling the Partners to connect with the Users. The Operator also provides Partners and Users with a place through the Choice Application where purchase contracts relating to Products (or contracts regarding delivery services) are concluded, including a place enabling communication and resolution of any complaints. The Operator also allows Users to book a place with Partners through the Choice Application and to pay for Products via QR codes.
The Operator is neither a buyer nor a seller of the Products but is only an intermediary of purchase contracts for the Products through the Choice Application; similarly, the Operator only mediates the conclusion of contracts for delivery or other services. The purchase contract for the Products is concluded exclusively between the User as the buyer and the Partner as the seller, and the Operator is not a party to such a purchase contract. Similarly, the Operator is not a party to the contract for the provision of delivery or other services.
The responsibility for offering and selling Products and for handling complaints of Users as buyers or resolving other issues arising from purchase contracts concluded between the User as a buyer and the Partner as a seller or in connection with it lies with the specific Partner as a seller with whom the User as a buyer has concluded a contract. Similarly, the Operator does not bear any responsibility for the provision of delivery or other services. In this context, the Operator is not responsible for the quality and origin of the Products and is also not responsible for the payment or delivery of the Products. The Operator does not bear any liability arising from the legal relationship between the Partner as the seller and the User as the buyer.
With regard to the fact that the Operator provides a place for negotiating and carrying out transactions between the User and the Partner, the Operator undertakes to provide the User and the Partner with the necessary cooperation if its activity or conduct may help to resolve matters between the User and the Partner in connection with the purchase of Products through the Choice Application.
The Operator does not verify or be responsible for the credibility or reliability of Users or Partners. The Operator is not responsible for the topicality, accuracy and factual accuracy of the information published in the Choice Application.
The User may access the Choice Application in several ways, including but not limited to scanning the QR code at the Partner’s premises or clicking on the appropriate button on the Partner’s website. If the User accesses the Choice Application through the QR code of a specific Partner or the corresponding button on the website of a specific Partner, the User will see an offer of Products of that particular Partner.
REGISTRATION AND USER ACCOUNT
On the basis of the User’s registration in the Choice Application, the User can access their user account and from there the User can order Products. The User can also order Products without registration.
If the User creates a user account, he/she is obliged to provide all the required data correctly and truthfully. The User undertakes to keep the data provided in their user account up-to-date and accurate and, in the event of a change in such data, to update the changed data without undue delay.
Access to the user account is secured by a username and password. The User is obliged to maintain confidentiality regarding the information necessary to access their user account and is obliged to prevent third parties from accessing their user account. To the extent permitted under applicable law, the User agrees to accept responsibility for all activities that occur under their account or password. The User should take all steps necessary to keep his/her password secret and secure, and if he/she has reason to believe that his/her password is known by any other person, or if his/her password is used (or is likely to be used) unauthorized, he/she should inform the Operator of this fact without delay and ensure that it is invalidated in a timely manner, or replacement of potentially or actually compromised access data. Neither the Operator nor the Partner is responsible for any misuse of the user account by third parties.
The User can access and edit their data in the Choice Application in the relevant section. The Privacy Policy can be accessed in the Privacy section of the Choice Application.
The User is prohibited from using any Choice Application service in any manner that would or could interrupt, damage or impair the quality of or access to any Choice Application service.
The Operator reserves the right to refuse to provide the service or to cancel the user account, especially if the User does not use his/her user account for more than 1 year, or in cases where the User violates the relevant legal regulations, these Terms or instructions or the legitimate interests of the Operator.
The User acknowledges that the Choice Application services or the user account may not be available at all or continuously, especially with regard to the necessary maintenance of the Operator’s hardware and software, or the necessary maintenance of hardware and software equipment of third parties.
The User further acknowledges that the Choice Application services may be interrupted, temporarily suspended, or permanently terminated at any time. The Operator does not guarantee the maintenance and storage of all User data. In the event of interruption, suspension or termination of the services of the Choice Application, the User shall not be entitled to compensation for damage or loss of profit, or any other damage.
PRODUCT PRESENTATION
The offer and presentation of the Products placed in the Choice Application contains the designation of the Product and its price, as well as data and information about the specific Partner, the price for packaging and delivery of the Product. The presentation of the Products may also include a more detailed description of the Product, its features, size, availability and, if applicable, a photographic representation of the Product.
The User acknowledges that all presentation of Products placed in the Choice Application catalog is for informational purposes only and the Partner as the seller is not obliged to conclude a purchase contract with the User regarding these Products.
The Choice Application is not an online store and the Operator is not responsible in any way for the accuracy of the data provided by the Partners, including prices, descriptions, availability, size or accuracy of the Product display. All information about the Product is provided exclusively by the Partner as the seller of the specific Product.
The User further acknowledges that the Products offered by the Partner through the Choice Application may contain allergens. For more detailed information regarding allergens contained in specific Products, Users may contact the relevant Partner at the address of the Partner’s establishment, registered office or place of business, or through the contact details provided by the Partner on their user profile, website or Choice Application. The Partner will provide information about the exact composition of each Product.
CONCLUSION OF THE PURCHASE CONTRACT
The User may order Products from the Partner in the following ways:
in the case of registration on the Choice Application: through his/her user account;
without registering in the Choice Application: by filling in the order form.
When placing an order, the User chooses the Product and the number of pieces of this Product. At all times before the User submits the binding order by clicking on the “Send” button, the User may check and change the data already entered and return to the previous steps of this order. At the same time, at any stage of ordering the Product, the User has the option to interrupt the performance of the steps described above, leave the Choice Application in which the order of the Product is made, and thus cancel the process of ordering the Product.
The User’s order becomes binding only at the moment of its dispatch by clicking on the “Send” order button.
The condition for the validity of the order is:
filling in all mandatory information in the order form, and at the same time
confirmation of the User that he/she has read these Terms and the Privacy Policy.
By submitting the order, the User confirms that the Partner has provided him with all mandatory information and communication according to Sections 1811 and 1820 of the Civil Code.
As soon as the Partner receives the order from the User, the Partner will send the User a confirmation of receipt of the order to the e-mail address that the User entered in the order form when ordering. The purchase contract between the User and the Partner is concluded upon acceptance of the order by the Partner.
After its confirmation, the User’s order is archived as a concluded purchase contract between the User as the buyer and the Partner as the seller for the purpose of its fulfillment and further records. At the same time, it is accessible to the User after logging in to their user account.
After the order has been accepted by the Partner, the User is entitled to cancel such an order without reason only after agreement with the Partner.
Given that the object of the purchase is perishable goods within the meaning of Section 1837 lit. e) of the Civil Code, the User is not entitled to withdraw from the purchase contract within the meaning of Section 1829 of the Civil Code (even though it is a distance contract). However, the User is entitled to withdraw from the purchase contract concluded with the Partner regarding the Products in accordance with the Civil Code in the event that the Partner has breached its obligations under the purchase contract.
The User expressly agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the User when using the means of distance communication in connection with the conclusion of the purchase contract (the cost of internet connection, the cost of telephone calls) do not differ from the basic rate and are borne by the User himself.
PURCHASE PRICE AND PAYMENT METHODS
In the Choice Application, the purchase prices of the Products include VAT. The cost of delivery and packaging of the Products may vary according to the selected method of delivery and payment of the purchase price.
Depending on the User’s choice and whether the method is currently available to the User in the Choice Application, the payment of the purchase price for the ordered Product by the User may be made using the following payment methods:
payment in advance prior to delivery and acceptance of the Product by the User: cashless payment by credit card on-line via the payment gateway;
Payment upon takeover of the Product by the User: (i) cash or (ii) cashless payment by credit card at the Partner upon takeover of the Product.
When paying in advance before the delivery and acceptance of the Product by the User, the following rules shall apply:
The User will be redirected to the relevant third-party payment server, where they will fill in all the necessary information to send the payment.
The User acknowledges that the Partner is not obliged to accept the User’s order or deliver the ordered Product to the User before the purchase price (or deposit) for the ordered Product is paid by the User.
The User further acknowledges that the payment gateway is operated by a person other than the Operator and the Partner, and for this reason, neither the Operator nor the Partner shall be liable for any damage caused to the User in connection with the use of this payment method.
In some cases, the Operator may be the place of payment of the purchase price of the Products according to the purchase contract, which is expressly authorized by the Partner. According to the agreement with the Partner, the Operator is obliged to settle the price paid by the User.
DELIVERY METHODS
Depending on the User’s choice and whether the delivery method is currently available to the User in the Choice Application, the delivery of the ordered Product may be made in the following ways:
personal collection by the User at the User’s own expense at the Partner’s premises;
delivery by the Partner to the place in the Partner’s establishment (to the table ) specified by the User in the order (by scanning the QR code on the table at the Partner’s establishment);
delivery to the place specified by the User in the order as the place of delivery, either by the Partner or by using a delivery service (in such a case, shipping costs may be charged to the User).
When picking up the Products in person at the Partner’s premises, the following rules apply:
The User will receive an electronic notification as soon as the Products are ready for collection at the selected Partner’s location. The User shall personally pick up the ordered Products at the Partner’s selected establishment at their own expense. The User acknowledges that the Partner or the Operator may set conditions for verifying the User’s identity when picking up the ordered Products.
The User is obliged to pick up the Products at the location of the selected Partner’s establishment within the time limit specified in the notification, but no later than by the end of the Partner’s opening hours. The period for picking up the Product begins at the moment when the Partner sends the User a notification that the Product is ready for collection.
If the ordered Product is not picked up by the User at the relevant Partner’s establishment within the stipulated period, the Partner may cancel the delivery of the Products without prior notice or withdraw from the relevant purchase contract regarding the unclaimed Products. At the same time, the Partner is entitled to charge the User the full price of the Products according to the order as a lump-sum reimbursement of the costs of preparing the Product.
In the event that the User has chosen as a payment method the payment upon takeover of the Product and does not pick up the ordered Product at the Partner’s premises within the specified time, the Operator is entitled, at its own discretion, to prevent this User from further use of the Choice Application.
COPYRIGHT LAW AND RELATED ARRANGEMENTS
The User acknowledges that the Choice Application is protected by the Copyright Act and other related regulations. All rights to the Choice Application, in particular copyright to the content, including page layout, graphics, photos, films, trademarks, logos and other content and elements, belong to the Operator or its Partners.
It is forbidden to copy, modify or otherwise use the Choice Application or any part thereof without the consent of the Operator.
The User is granted only the right to use the Choice Application in accordance with the meaning and purpose set out in these Terms.
Without the express prior written consent of the Operator, the User shall not and shall not allow any third party to: (a) decompile, disassemble or reverse engineer the Choice Application; (b) remove, edit or obscure any copyright or proprietary notices included in the Choice Application; (c) use the Choice Application to create a similar or competitive product or service, (d) gain unauthorized access to the Choice Application (e.g., through another system or tool); (e) is unauthorized to interfere with or use the software or other components that make up the Choice Application or to use it or any part of the software in any manner contrary to its intended purpose or purpose; (f) use the Choice Application in a manner that is inconsistent with applicable law or violates any third party’s right to privacy or intellectual property rights; (g) publish, submit, upload or otherwise transmit through the Choice Application any data that contains viruses, Trojan horses, worms, time bombs, corrupted files or other computer programs or techniques that are capable of damage, detrimentally disrupting, surreptitiously intercepting or appropriating any of anyone else’s systems, data, personal information or property; (h) transmit spam, chain messages, or other unsolicited communications through the Choice Application; (i) compromise the integrity or security of the Choice Application; or (j) take any action that will or may impose an unreasonable or disproportionately large load on the Operator’s infrastructure and that could negatively affect the operation of the Choice Application.
Furthermore, the User may not separate and/or reuse parts of the content of any of the Choice Application services without the express prior written consent of the Operator, in particular they are not entitled to use so-called data mining, robots or other similar tools for obtaining and collecting data (one-time or repeated) with the aim of reusing substantial parts of the content of any service provided by the Operator. Furthermore, the User may not create and/or publish their own databases including substantial parts of any service provided by the Operator (e.g. lists of Products and their prices in the Choice Application).
Users of the Choice Application may post their reviews, posts, comments, questions or answers or other content, including images, photographs, audio or video recordings (collectively referred to as the “Content”), provided that such content is not illegal, contrary to good morals or the principles or legitimate interests of the Operator, does not threaten public order, is not deceptive, defamatory, offensive, threatening or pornographic, it will not interfere with the right to privacy, infringe intellectual property rights, otherwise cause harm to third parties and will not be otherwise unsatisfactory, provided that it does not contain political campaigns, commercial advertisements, spam, viruses, etc. The User may not use a false e-mail address, impersonate another person or entity or otherwise mislead the Operator in connection with the origin of any content. The Operator reserves the right to remove or modify content that contradicts these Terms.
The User declares that he/she is the owner of all rights associated with the content that he/she publishes or is otherwise entitled to handle such content in this way (i.e., he/she is the author of such content or has the author’s consent to place the content within the Choice Application), that the use of the content published by the User is not in conflict with the rules or recommendations of the Operator, that such content is accurate as of the date of its publication and will not cause any harm to any person or entity. If the User’s statement under this article turns out to be false, the Operator is entitled to claim compensation from the User for all damages and all costs caused by the fact that the Operator considered the User’s statement to be true.
Any content published by the User expresses solely the views of the User and does not express the views of the Operator. The Operator is not responsible for the truthfulness and correctness of the information provided in the content added by the User and for the compliance of this information with legal regulations.
The User is entitled to delete his/her content at any time or change the settings so that the content is displayed only to persons to whom the User allows access (if the function allows it).
If the User publishes any content in the Application in the above sense, he/she grants the Operator the right to use, publish, make available, translate and modify, reproduce and use this content within the advertising, marketing or promotional events or campaigns of the Operator, throughout the world and for an unlimited period of time, and it may be granted to another person. This right is unlimited, non-exclusive and does not come with any royalties, including additional royalties. The User further grants the Operator the right to use the name that the User used in connection with this content, which does not transfer any personal rights.
The User undertakes to indemnify the Operator for any claims that may be made against him by third parties in connection with the content provided by the User; however, the Operator’s liability in relation to third parties may consist at most in the fact that it has not properly removed the content even after being notified of its illegality, if this illegality arises from the content provided by the User, originates in this content or is based on it.
The User acknowledges that the Operator is not liable for errors arising as a result of third parties’ interference with the Choice Application or as a result of using the Choice Application contrary to its purpose.
The Operator is not liable for any damages incurred in connection with the use of the Choice Application, the use of information or downloading data published in the Choice Application, i.e. for errors, omissions, malfunctions, delays, interruptions, computer viruses, loss of profit or data of the User, Partner or other third party using the Choice Application, for unauthorized access to the data of these persons, changes to such data, as well as other tangible and intangible losses.
If you believe that your intellectual property rights have been infringed by publishing any information on any of the services provided by the Operator, please notify the Operator in writing by sending an e-mail to: [email protected]
OTHER RIGHTS AND OBLIGATIONS OF THE USER
The User is obliged to use the Choice Application in accordance with these Terms, to comply with applicable legal regulations, to act honestly and in accordance with good morals.
The User is obliged to behave in such a way that the good name and rights of the Operator are not damaged in any way. The User is obliged to act in such a way as to prevent damage to the property of the Operator or third parties in connection with the use of the Choice Application.
If the User breaches the obligations set out in these Terms, including all their components, and the Operator incurs any damage or harm as a result of this action, the Operator is entitled to demand compensation from the User for such damage or harm, including lost profit.
In the event of unauthorized use of any part of the Choice Application without the consent of the Operator, the Operator is entitled to use all means to protect its rights and legitimate interests in accordance with the Copyright Act, i.e. in particular the right to demand an injunction against copyright infringement and removal of interference, the right to compensation for damage and the return of unjust enrichment.
As a consumer, the User has the right to exercise rights arising from defective performance in connection with the purchase contract with the Partner (at the address of the Partner’s establishment, at the Partner’s registered office or place of business, or through the contact details provided by the Partner on the Partner’s user profile, website or Choice Application).
The rights and obligations between the Partner and the User regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and 2161 to 2174 of the Civil Code and the Consumer Protection Act), with full regard to the fact that it is a purchase of a perishable product intended for immediate consumption.
PERSONAL DATA PROTECTION
Users acknowledge that the Operator processes the personal data provided by them for the purpose of operating the Choice Application in accordance with the legal regulations relating to the processing and protection of personal data, in particular, but not exclusively, 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 (General Data Protection Regulation – GDPR) and Act No. 110/2019 Coll., on the Processing of Personal Data, as amended. Details regarding the processing of Users’ personal data by the Operator are provided in the relevant section of the Choice Application regarding the protection of personal data.
Users are required to familiarize themselves with the Privacy Policy available in the relevant section of the Choice Application regarding personal data protection.
Users acknowledge and expressly agree that in accordance with the Privacy Policy, the Operator is entitled, among other things, to share their personal data with Partners, i.e. in particular restaurant operators or other businesses providing gastronomic services, which act as independent personal data controllers and have their own personal data processing conditions. Users further acknowledge and expressly agree that in accordance with the Privacy Policy, the Operator is entitled to use their contact details for the purpose of sending marketing communications. More detailed terms and conditions for the processing of Users’ personal data are set out in the Privacy Policy available in the relevant section of the Choice Application regarding the protection of personal data.
FINAL PROVISIONS
All arrangements between the Operator, Partner and User are governed by the laws of the Czech Republic, unless it contradicts mandatory provisions on consumer protection.
Since the purchase contract in connection with the sale of Products offered and sold through the Choice Application is concluded exclusively between the User and the Partner, all matters not regulated by these Terms are governed by the Partner’s terms and conditions or terms individually negotiated between the User and the Partner.
In the event of a legal dispute between the Operator and the User, the court with territorial jurisdiction is the court of the Operator’s registered office.
In the event of a consumer dispute that cannot be resolved by mutual agreement, the consumer may file a motion for an out-of-court settlement of such a dispute with the designated entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, with its registered office at Štěpánská 44, 110 00 Prague 1, e-mail: [email protected], web: adr.coi.cz.
Contact details of the Operator:
Delivery address: Na příkopě 857/18, Nové Město, 110 00 Praha 1
In the event that any provision of these Terms is or becomes invalid or ineffective, the other provisions of these Terms shall remain valid and effective. The invalid or ineffective provision shall be replaced by another provision, valid and effective, which in its content and meaning best corresponds to the content and meaning of the original provision.
The Operator is entitled to unilaterally change and supplement the wording of these Terms. The Operator shall notify the User of any change to the Terms at least 14 (fourteen) days prior to the effective date of the changes, stating the effective date of the changes, by displaying the notice in the Choice Application, in the User’s user account or via the User’s e-mail. If the User does not agree with the change, he/she has the right to notify the Operator in writing that he/she does not agree with the new wording of the Terms or to cancel his/her user account; in such a case, they are not entitled to continue using the Choice Application services. If the User does not notify the Operator of his/her disagreement with the new wording of the Terms by the effective date of the change, he/she shall be deemed to agree with the change and undertake to comply with the new wording of the Terms. Upon the entry into force of the new Terms, the original Terms shall cease to apply.
In the event of more than one language version of these Terms, the Terms in the English language shall prevail over the other language versions in the event of discrepancies between the language versions.
These Terms shall come into force and effect on 1.03.2024
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