Bistro Charlotte Website and Online Shop Terms and Conditions

§ 1 General

1. The Site available at www.bistrocharlotte.com and the Online Shop available at www.bistrocharlotte.com/sklep are managed by Maison Charlotte spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw at ul. Piękna 11B, lok. 2, 00-549 Warsaw, NIP Tax ID: 7010251730, REGON Business ID: 142545525, entered in the Register of Businesses of the National Court Registry, maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Department of the National Court Registry, with the KRS Registration No: 0000363133, email address info@bistrocharlotte.com.
2. The Terms and Conditions are intended for Consumers and Businesses using the Site and Online Shop and set out the terms and conditions of use of the Site and Online Shop, the terms, conditions, and procedure for concluding sales contracts with the Customer via the Site and Online Shop, the terms and conditions for booking tables in the Seller’s Restaurants via the Site and Online Shop, and the terms and conditions for the Seller’s provision of free services by electronic means.
3. Terms and Conditions for Deliveries, Returns and Complaints  are an integral part hereof.

§ 2 Definitions

1. Delivery – a factual act of delivering the Product specified in the Order to the Customer by the Seller via the Delivery Partner.
2. Delivery Partner – the courier service provider which the Seller cooperates with in making Deliveries.
3. Weekday – any day from Monday to Friday, excluding public holidays.
4. Order Form – an interactive form available in the Online Shop which makes it possible for the Customer to place an Order, specifically by adding Products to their Basket and specifying the terms and conditions of the Sales Contract, including the delivery and payment method.
5. Customer – anyone using the Site, in particular concluding a sales contract with the Seller via the Online Shop or the UpMenu Platform, and anyone to whom services may be provided by the Seller by electronic means.
6. Consumer – a natural person concluding a sales contract with the Seller via the Online Shop or UpMenu Platform, where the sales contract is not directly related to the Consumer’s business or professional activities.
7. Customer Account – an individual Customer account set up by the Seller for the Customer after Registration.
8. Basket – an element of the Shop’s software in which the Products selected by the Customer from the Online Shop are displayed.
9. Sole Trader – a natural person who concludes a contract directly related to their business activities, where the contract is not of professional nature for them, and where such professional nature would be demonstrated in particular by their object as disclosed on the basis of the laws and regulations concerning the Central Register and Information on Economic Activity.
10. UpMenu Platform – the platform through which the Customer can place an order for a selected Product on the Seller’s Site.
11. Product – goods offered by the Seller via the Online Shop or the UpMenu Platform.
12. Business – a natural person, a legal person, or an entity without legal personality to which an act grants legal capacity, conducting business or professional activities on its own behalf, concluding a sales contract with the Seller via the Online Shop or Site.
13. Terms and Conditions – these Website and Online Shop Terms and Conditions
14. Registration – an optional factual act performed in the manner set out in the Terms and Conditions, which the Customer may perform in order to create a Customer Account and use the functionalities of the Online Shop more easily.
15. Restaurant – an establishment where the Seller’s stationary food service activities take place.
16. Seller – Maison Charlotte spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw (postcode: 00-549) at ul. Piękna nr 11B, lok. 2, NIP Tax ID: 7010251730, REGON Business ID: 142545525, KRS Registration No: 0000363133.
17. Site – the site on which the Seller operates the Online Shop: www.bistrocharlotte.com/sklep and makes the UpMenu Platform available.
18. Online Shop – the online shop operated by the Seller at www.bistrocharlotte.com/sklep.
19. Sales Contract – a sales contract concluded electronically between the Customer and the Seller under the Terms and Conditions; a service contract or a contract for a specific work (umowa o dzieło), depending on the properties of the Product, is also a sales contract within the meaning of these Terms and Conditions.
20. Electronic Service (E-Service) – services provided by the Seller to the Customer via the Online Shop, using its functionalities.
21. Order – the Customer’s declaration of will made by means of the Order Form, aimed directly at concluding a Sales Contract with the Seller.

§ 3 Use of the Site

1. Use of the Site takes place on the terms and conditions and in the manner indicated in the Terms and Conditions.
2. Use of the Site means any action by the Customer consisting in reading the content available on the Site and in the Online Shop, in particular any action aimed at placing an order in the Online Shop or via the UpMenu Platform, booking a table in the Seller’s Restaurant, or using free services provided by the Seller.
3. In order to use the Site, it is necessary to have hardware and software capable of using Internet resources, in particular:
   1. an end device with Internet access, i.e., in particular a PC, laptop or smartphone;
   2. any browser with JavaScript enabled and the ability to save cookies.
4. In order to use all the Site functionalities, take actions aimed at placing an order in the Online Shop or via the UpMenu Platform, booking a table in the Seller’s Restaurant, or using free services provided by the Seller, it is also necessary for the Customer to have an active email address, in addition to meeting the requirements set out in paragraph 3 above.
5. The content of the Site and Online Shop is not an offer within the meaning of Article 66 of the Civil Code, but merely an invitation to conclude a contract, referred to in Article 71 of the Civil Code.
6. It is forbidden for the Customer to post illegal content or to use the Site or Online Shop against the law or morality.

§ 4 Orders

1. Using the functionalities available on the Site, the Customer may place an order for a selected Product via:
   
   1. the Online Shop available at www.bistrocharlotte.com/sklep,
   2. the UpMenu Platform.
2. The Customer can place an order for the Seller’s dry Products in the Online Shop.
3. Using the UpMenu Platform, the Customer can place an order for the other Products available from the Seller, including warm Products. Orders placed via the UpMenu Platform can only be processed and delivered at the Seller’s Restaurants selected.
4. If the Customer uses the UpMenu Platform, after selecting the ‘Order’ option, the Customer is redirected to the page created on the UpMenu Platform available at https://maison-charlotte.upmenusite.com. An UpMenu Platform order is placed by the Customer by correctly completing and submitting the order form available in the application.
5. An Online Shop order is placed by the Customer by correctly completing and submitting the order form available in the Online Shop.
6. To place an order, the Customer selects certain Products and adds them to the Basket. After having chosen the Products, the Customer goes to the Basket tab, clicks on the ‘Buy’ tab and is redirected to the page where they complete their details or log in to the Customer Account.
7. If an order is placed by a Customer with a Customer Account in the Online Shop, the details necessary to process the order are completed automatically.
8. If an order is placed by a Customer without a Customer Account in the Online Shop, the following details must be provided by the Customer for the order to be processed:
   1. full name;
   2. delivery address;
   3. contact phone number;
   4. email address.
9. After completing the details, the Customer is shown the total price of the selected Products, which excludes delivery charges. The Customer then chooses the method of payment for the order and the method of delivery of the Products. The Seller informs the Customer about the delivery charges after the Customer has chosen the delivery method for the ordered Product. The Customer is redirected to the payment method of their choice. After the payment, the Customer will be redirected to the Online Shop.
10. The order is placed by the Customer the moment they click on the ‘I buy with the obligation to pay’ tab. In order for the order to be processed, it is necessary for the Customer, when placing the order, to agree to the processing of their personal data for the purpose of performing the contract.
11. An order will not be accepted for processing if there are incomplete or outdated details on the order form which make it impossible for the Seller to process the Customer’s order.
12. The Seller may cancel orders in the following cases:
    1. where the Customer, due to a system error, has taken advantage of promotions to which they are not entitled under the terms and conditions of the promotions;
    2. where there are technical or organisational issues preventing the order from being processed.
13. If the situation described in paragraph 11 or 12 above takes place, the Seller will inform the Customer without delay that the order cannot be processed. If the Customer cannot be reached due to an incorrect email address or phone number, the order will be cancelled within three business days.
14. The completing and sending of the order form by the Customer is tantamount to making an offer to the Seller within the meaning of the Civil Code.
15. Upon receipt of an order from a Consumer Customer, the Seller will send to the Customer without delay, to the email address provided thereby, a confirmation of the contract, containing the order details and the estimated time of fulfilment.
16. If the Product ordered is not available in the Online Shop or the Customer’s order cannot be fulfilled for other reasons, the Seller will inform the Customer electronically or by phone about the circumstances and a possible delay in the fulfilment of the order.
17. The Customer may rate any completed order via the Online Shop. The Customer’s rating is not public and cannot be viewed by other users of the Shop.
18. The detailed terms and conditions for deliveries, the right of withdrawal from a contract, and the complaint handling policy, are governed by the Terms and Conditions for Deliveries, Returns and Complaints, presented as an appendix hereto.

§ 5 Orders Including Alcoholic Beverages

1. Based on the licences required by law, the Seller may sell alcoholic beverages.
2. The place of conclusion of a contract for the sale of alcoholic beverages is the Seller’s Restaurant which fulfils the Order (05-500 Piaseczno, Rubinowa 1).
3. The Seller has the right to verify the age of the person picking up an order containing alcoholic beverages at the time of picking it up.
4. If it is established that the person picking up the order is under 18 years of age, the Seller refuses to issue the alcoholic beverages thereto. The Seller always refuses to issue alcoholic beverages to an intoxicated person.

§ 6 Promotions

1. The Seller has the right to change prices on an ongoing basis and include Products available in the Online Shop in promotions or sales of its choice. This right does not affect Orders placed by the Customer prior to the change or promotion.
2. The Customer may take advantage of promotional offers available in the Online Shop. Promotional offers available in the Online Shop can be taken advantage of only after the Products involved in the promotion have been added to the Basket. If a promotion involves a discount on certain Products, the discount is automatically applied to the Basket. Only one promotion for the given Product can be used by the Customer per order. If a promotion involves a discount on the whole order, the discount does not apply to the Products which are individually promoted.
3. Sale products and promotional offers are available while supplies last. In the case of a limited Product quantity, orders placed after supplies have run out will not be able to be fulfilled, of which the Customer will be informed electronically by the Seller.

§ 7 Payments and Order Fulfilment

1. The prices of all the goods presented in the Shop include value added tax, are expressed in Polish zlotys, and exclude delivery charges.
2. The total order value is communicated each time after the Customer has chosen the delivery and payment method.
3. The Customer has the right to choose the delivery and payment method from those indicated in the Order Form.
4. The following payment methods are available in the Online Shop:
   
   1. BLIK mobile payment system – select this payment option from the list and, after being redirected to the next page, enter the BLIK code from the bank’s application. After clicking on ‘Pay’ and confirming the transaction with a PIN in the bank’s application, the amount will be automatically charged to the Customer’s bank account;
   2. Visa or Mastercard credit card – select this payment option from the list and enter the credit card number, expiry date, and the CCV code. After clicking on ‘Pay’, the amount will be automatically charged to the credit card;
   3. Online bank transfer through an external payment system operated by First Data Polska S.A., Warsaw – select this payment option from the list and, after being redirected to the next page, select the Transfer option – after selecting the bank from the list and making the transfer in accordance with the bank’s guidelines, the amount will be automatically locked in the bank account.
5. Orders for which the payment method referred to in paragraph 4 has been chosen will be processed once the amount is credited to the Seller’s bank account.

§ 8 Free Services

1. The Seller provides the following free services to the Customer by electronic means through the Site:
   1. Newsletter service;
   2. option to send an enquiry to the Seller;
   3. management of the Customer Account.
2. The services indicated in paragraph 1 above are provided by the Seller 24 hours a day, seven days a week.
3. The Newsletter service consists in the Seller sending electronic messages about new Products, services offered by the Seller, or events taking place at the Seller’s Restaurants, to the email address provided in the registration form. The Newsletter is sent by the Seller to all the subscribing Customers.
4. The Newsletter service is available to any Customer who provides their email address using the registration form made available by the Seller on the Site. After sending the completed registration form, the Customer will receive without delay a confirmation of subscription to the Newsletter service to the email address provided. At that point, a contract for the provision of the Newsletter service by electronic means is concluded.
5. Each Newsletter sent to Customers contains, in particular:
   1. sender information;
   2. content information, contained in the ‘Subject’ field;
   3. information on the option to and how to unsubscribe from the free Newsletter service.
6. The Customer may unsubscribe from the Newsletter service at any time by clicking on the ‘Unsubscribe’ link in any email sent as part of the Newsletter service.
7. The service of sending enquiries to the Seller consists in sending messages to the Seller using the form on the Seller’s Site.
8. Cancellation of the free service of sending enquiries to the Seller is possible at any time and consists in ceasing to send enquiries to the Seller.
9. The Customer may create a Customer Account in order to use the functionalities available in the Online Shop more easily. The creation of a Customer Account is optional.
10. The Customer Account is registered on the Seller’s Site in the ‘Register’ tab, where the Customer is requested to provide their personal details and address, and in the case of a Business, also other details necessary to issue VAT invoices. After completing the details, accepting the Terms and Conditions, and clicking on the ‘Register’ button, the Customer Account is created. The Seller sends the Customer an email confirmation of the Registration to the email address provided during the Registration. The sending of a completed registration form is tantamount to giving consent to the Seller to process the Customer’s personal data included in the registration form in order to provide the Customer Account management service.
11. A registered Customer may request the Seller to delete their Customer Account. The Customer Account will then be deleted within 14 days of the request date. A request to delete the Customer Account should be submitted by sending an email to sklep@bistrocharlotte.com.
12. As far as Non-Consumer Customers are concerned, the Seller may terminate their contract for the provision of an Electronic Service with immediate effect without giving any reasons by sending a relevant statement.

§ 9 Seller’s Liability

1. The Seller is liable for the non-performance or improper performance of a contract in the case of contracts concluded with Consumers within the meaning of these Terms and Conditions.
2. For contracts concluded with Non-Consumer Customers, the Seller is liable only for intentional damage and to the extent of the actual losses suffered.
3. The Seller is not liable for the non-performance or improper performance of services provided by electronic means where their non-performance or improper performance is caused by third parties. However, the Seller is liable for acts or omissions of those with whose help it provides services by electronic means, as well as of those to whom it entrusts the performance of such services, as if they were the Seller’s own acts or omissions.
4. The Seller is not liable for the Customer’s inability to use or problems with using the Site or Online Shop for reasons attributable to the Customer, in particular for the Customer losing their password or the password coming into the possession of a third party. However, the Seller is liable if the Customer’s loss of their password or the password coming into the possession of third parties takes place for reasons for which the Seller is responsible.
5. The Seller is not liable for any damage caused by acts or omissions of its Customers, in particular for their use of the Site or Online Shop in non-compliance with the applicable laws and regulations or the Terms and Conditions.
6. The Seller is not liable for any infringement of copyright or neighbouring rights arising from any unlawful action by the Customer during the fulfilment of an order. The Customer is solely liable for any damage resulting from such copyright infringement.
7. These Terms and Conditions and the applicable laws of Poland are the sole source of the Seller’s obligations.

§ 10 Miscellaneous

1. Matters not covered by these Terms and Conditions are governed by the applicable laws of Poland.
2. For contracts concluded by the Seller with a Non-Consumer Customer, the court having jurisdiction over the registered office address of the Seller is the court competent to resolve any disputes arising from the contract.
3. The Terms and Conditions take effect on 1 June 2021.