The Customer selects the method of delivery of the Products after completing the order via the order form available in the Online Store or the Upmenu Platform.
The Customer may choose the following forms of delivery of the ordered Products:
via suppliers cooperating with the Upmenu Platform – in the case of placing an order via this Platform
through the Supplier – in the case of placing an order in the Online Store.
with personal pickup – at the Seller’s selected Restaurant
The customer may indicate the preferred date of order fulfillment in the order form. If the preferred date is not specified, the order is processed immediately, in the order of receipt.
The shipment containing the ordered Products is delivered via the Supplier to the address provided by the Customer in the order. Shipping costs are borne by the customer and they are added to the price for the ordered goods.
The time of shipment of an order made in the Online Store is 3 business days from the day the payment is credited to the Seller’s account, subject to the situation described in § 5 ust. 16 Regulations, tj. the lack of the ordered Product in the Online Store or the inability to fulfill the Customer’s order for other reasons.
Each shipment is accompanied by a proof of purchase (receipt or VAT invoice).
Upon receipt of the parcel, the Customer should, if possible, before accepting the parcel in the presence of the Supplier, check the general condition of the parcel, i.e. whether it is in the Seller’s packaging and whether the packaging is intact,
if the shipment is intact and is in the Seller’s packaging – open the package and check that its content is in accordance with the order and that the goods are not damaged
If it is found that:
the parcel is packed differently than in the manner indicated in ust. 6 lit. b lub
the packaging is tampered, or
the content of the shipment is not in accordance with the order, or
the goods are damaged
The customer should contact the seller immediately. It is recommended that the Customer draws up a damage report in the presence of the Supplier. The risk of loss or damage to the goods is transferred to the Customer upon delivery of the Product to the Customer.
The Customer may collect the ordered Product in person at the Seller’s selected Restaurant after prior payment in accordance with § 8 of the Regulations of the Website and Online Store.
After preparing the order for release, the Seller shall immediately inform the Customer via e-mail to the e-mail address provided by the Customer about the possibility of collecting the order at the Seller’s selected Restaurant.
In the case of placing an order with delivery, failure to collect the parcel by the Customer automatically terminates the Agreement with immediate effect on the day of returning the parcel without the need to submit a separate statement by either party. In this case, the Seller returns the payments previously made by the Customer in connection with the contract, excluding the delivery costs incurred by the Seller.
In the case of placing an order with personal pickup, if the Customer fails to collect the order in person within 2 business days from receiving information about the readiness of the order for pickup, the Seller will inform the Customer about the possibility of collecting the order within the next 2 business days. If, despite the Seller’s information, the Customer does not pick up the order, the contract will be terminated immediately without the need for a separate statement by either party. In this case, the Seller returns the payments previously made by the Customer in connection with the contract, excluding the delivery costs incurred by the Seller
The provisions of paragraph 11 and 12 shall not apply if the subject of the contract is an item that deteriorates quickly or has a short shelf life, a non-prefabricated item, manufactured according to the Customer’s specification or serving to satisfy his individual needs, and an item delivered in a sealed package, which cannot be returned after opening the package. for health protection or hygiene reasons, if the packaging has been opened after delivery. In this case, the Customer’s failure to collect the order constitutes a failure to perform the obligation, and the Customer is obliged to repair the resulting detriment.
The Online Store Delivery service is carried out in the European Union. The weight of the ordered shipment cannot exceed 5 kg. Delivery costs vary depending on the delivery address – the below prices are net prices and do not include 23% VAT.
Poland – 12.20 PLN
Lithuania, the Czech Republic, Germany, Slovakia – 160 PLN
Austria, Belgium, Denmark, France, the Netherlands, Luxembourg, Hungary, Italy – 180 PLN
§ 2 Cancellation of the order and withdrawal from the contract
The customer may cancel all or part of the order until receiving information from the Seller to the Customer’s e-mail address confirming the readiness of the order for execution. In the case referred to in the preceding sentence, the amount paid will be refunded within 14 days from the date of cancellation of the order by the Customer.
A customer who is a consumer, as well as a natural person who is an entrepreneur within the meaning of these Regulations, may, within 14 days without giving any reason, withdraw from a distance contract by submitting an appropriate statement to the Seller, subject to paragraph 3 below.
The right to withdraw from a contract concluded outside the business premises or remotely is not entitled to the Customer in relation to the contract:
in which the subject of the service is an item that deteriorates quickly or has a short shelf-life,
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,
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 packaging has been opened after delivery.
Withdrawal from the contract may be carried out by sending a declaration of withdrawal within 14 days from the date of delivery of the Product to the Customer. To meet the deadline for withdrawing from the contract, it is sufficient for the Customer to send a statement of withdrawal before its expiry.
The declaration of withdrawal from the contract may be submitted to the Seller in any form, in particular via the contact form available on the Seller’s website. The statement should contain the Customer’s identification data, and if possible, also the e-mail address provided by the Customer when placing the order. The Seller will immediately send the Customer confirmation of receipt of the declaration of withdrawal from the contract in writing or by sending a confirmation by e-mail to the e-mail address provided by the Customer when placing the order.
In the event of withdrawal from the contract, the contract is considered void, and what the parties have provided is returned. The Customer is obliged to return the Product immediately, but no later than within 14 days from the date on which he withdrew from the contract. To meet the deadline, it is sufficient for the Customer to return the Product before its expiry. The Seller reserves the right to withhold the refund of payments made by the Customer until receiving the returned Product or delivery by the Customer of proof of its return, whichever occurs first.
If possible, the Product should be sent back in its original factory packaging. If it is not possible to return the goods in the above manner, they should be packed in an appropriate manner ensuring no damage during transport. If possible, the goods should be accompanied by documents confirming its purchase from the Seller, in particular a fiscal receipt or a VAT invoice.
Direct costs of returning the Product, i.e. the costs of packaging and return shipping are borne by the customer and are not refunded by the seller.
Payments made by the Customer, including the purchase price of the Product and the costs of its delivery to the Customer, will be refunded to the Customer in the same way as the Customer made the payment. The seller may agree to a different form of return indicated by the customer. If the form of return indicated by the Customer will involve additional costs, the Seller may make the refund dependent on their payment by the Customer.
In case of withdrawal from the contract, the Customer is responsible for the reduction in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
§ 3 Complaints
In the event of defects in the Product or the service provided, the Customer who is a Consumer has the right to file a complaint. The complaint may concern the concluded sales contract or the provision of free electronic services by the Seller.
If the sold item has a defect, the Seller is obliged to remove it by repairing or replacing the item with a new one, free from defects.
The Customer who is a Consumer may request, instead of the removal of the defect proposed by the Seller, to replace the item with a defect-free item, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Customer or would require excessive costs compared to the proposed method. by the Seller.
If there is no possibility of replacement or repair, the Customer who is a consumer may request a price reduction or withdraw from the contract. The right to withdraw from the contract is not entitled to the Customer in the case of minor defects.
Price reduction in accordance with point 4 takes place in such proportion to the price resulting from the contract, in which the value of the defective item is equal to the value of the item without a defect.
The complaint may be submitted via the Complaint Form available on the Seller’s website.
It is recommended that the Customer provide in the description of the complaint:
information and circumstances regarding the subject of the complaint, in particular the type and date of occurance of the defect,
demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement,
contact details of the person submitting the complaint, in particular the e-mail address.
The requirements set out in sec. 7 above are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
If it will be necessary to deliver the Product to the Seller to respond by the Seller to the Customer’s complaint or to exercise the Customer’s rights under the warranty, the Customer will be asked by the Seller to deliver the Product at the Seller’s expense to the address of the business.
Complaints will be considered immediately, no later than within 14 days from the date of their receipt at the headquarters of the Seller. The response to the Customer’s complaint will be provided via e-mail to the e-mail address provided when submitting the complaint.
In the case of sales contracts concluded with Clients who are Entrepreneurs, including natural persons running a business within the meaning of these Regulations, the Seller’s liability under the warranty for defects in things is excluded.
§ 4 Out-of-court methods of dealing with complaints and pursuing claims
The Customer who is a Consumer has the right to use out-of-court dispute resolution, in particular by:
referring to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000. on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The regulations of the organization and operation of permanent consumer courts of arbitration are specified in the ordinance of the Minister of Justice of September 25, 2001. on the rules of organization and operation of permanent amicable consumer courts. (Dz.U. 2001, nr 113, poz. 1214).
applying to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000. on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of the Trade Inspection. The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address :firstname.lastname@example.org.
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