Terms of use

TERMS AND CONDITIONS OF THE ONLINE STORE (hereinafter: the “Terms”)
Kaven&co sp. z o.o., with its registered office at ul. Szczęsna 26, 02-454 Warsaw, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) under number KRS: 0000851516, NIP (Tax ID): 5223187015, REGON: 386599845, provides services based on orders placed via the website: sushibang.pl

§1 General Provisions

  1. The seller of online orders for the Products listed on the SushiBang store website (hereinafter: the “Store”), available at: sushibang.pl, is—depending on the place of order fulfilment placed by Customers via the above website (tab for the given city selected by the Customer):
    a) Kaven&co Sp. z o.o., ul. Szczęsna 26, 02-454 Warsaw – hereinafter the “Seller”, entered in the Register of Entrepreneurs of the National Court Register under KRS: 0000851516, NIP 5223187015, REGON: 386599845 – for orders from the city of Poznań and surrounding areas.
  2. These Terms are addressed to both Consumers and Entrepreneurs using the Store (hereinafter: the “Customer”) and set out the rules for using the Online Store as well as the rules and procedure for concluding Distance Sales Agreements with the Customer via the Store.
  3. Each time, the company responsible for the final place of order fulfilment concludes Sales Agreements for Products in its own name.

§2 Definitions

Whenever the following terms appear in these Terms:

  1. Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment;
  2. Customer – any entity making purchases via the Store;
  3. Consumer – a natural person not conducting business activity, and a natural person conducting business activity who concludes, within the Store, an agreement with the Seller where the subject matter is not directly related to their business or professional activity;
  4. Cart – Store software functionality where the Customer’s selected Passes for purchase are visible, and where it is possible to set and modify Order data, in particular the number of passes;
  5. Product – movable items and the subject of a Sales Agreement between the Customer and the Seller, offered in the Online Store and listed in the menu available at: sushibang.pl;
  6. Product Page – a page containing detailed information about a given Product sold in the Store;
  7. Entrepreneur – a sole proprietor, legal person, or organizational unit without legal personality to which a separate act grants legal capacity, conducting business activity in its own name and using the Store;
  8. Online Store – the online store operated by the Seller at: sushibang.pl, through which the Customer may purchase Products from the Seller;
  9. Seller – depending on the final place of order fulfilment:
    a) Kaven&co Sp. z o.o., ul. Szczęsna 26, 02-454 Warsaw – the “Seller”, KRS: 0000851516, NIP 5223187015, REGON: 386599845 – for orders from the city of Poznań and surrounding areas;
  10. Sales Agreement – an agreement for the sale of a Product concluded or already concluded between the Customer and the Seller via the Online Store. Depending on the nature of the Product, this also includes a service agreement or a contract for specific work;
  11. Distance Agreement – an agreement concluded with the Customer within an organized distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time the agreement is concluded;
  12. Order – the Customer’s declaration of intent placed via the Order Form and directly aimed at concluding a Sales Agreement for Product(s) with the Seller;
  13. Business Hours – the hours when the Store operates, generally Mon–Thu 17:00–01:00, Fri–Sun 15:00–01:00, depending on the place of Order fulfilment;
  14. Store (premises) – the place where the Seller conducts business resulting in the sale of Products offered in the Online Store.

§3 Contact Information

  1. The Seller may be contacted by email at: kontakt.sushibang@gmail.com
  2. The Seller may also be contacted by phone during Store operating hours, as indicated on the website, at: +48 530 663 669 – for orders from the city of Poznań and surrounding areas.

§4 Technical Requirements

To properly and smoothly use the Store, including browsing the Store’s assortment and placing Orders for Products, the Customer should have:
a) an end device with Internet access (e.g., computer or smartphone) and a web browser updated to the latest version;
b) cookies enabled.

§5 General Information

  1. To the broadest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions, in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the Online Store with the Customer’s technical infrastructure.
  2. All prices in the Online Store at sushibang.pl are gross prices given in Polish zloty. The prices do not include delivery costs.
  3. The amount payable by the Customer also includes the delivery price. The Customer is informed of the total amount payable during the Order placement process.
  4. The Seller reserves the right to update product prices on an ongoing basis and to run promotional campaigns.
  5. The Seller enables Customers to place Orders in several cities; therefore, the Customer bears all responsibility for selecting the appropriate Store when placing an Order.
  6. Orders via the Online Store may be placed:
    a) Monday to Sunday from 06:00 to 01:00. On public holidays these hours may change.
  7. Due to the operation of several Stores run by the Seller, menus may differ depending on the city where the Store is located.
  8. Before forwarding an Order for fulfilment, the Seller reserves the right to verify the Customer by email or phone.

§6 Conclusion of the Agreement

  1. The Store’s activity consists in concluding Sales Agreements for Products.
  2. The Agreement is concluded via the Order Form available on the Seller’s website and entails the obligation to make payment using one of the available payment methods.
  3. A condition for performance is the provision of Customer personal data enabling verification, acceptance of the Terms, acceptance of the Privacy Policy, and the Customer’s payment.
  4. The Seller contacts the Customer to confirm the order and to correct any possible mistakes made by the Customer when placing the order.
  5. In the Order process, the Customer may express the wish to receive a fiscal receipt or a VAT invoice, which may be attached to the Order or sent by post or email to the address indicated by the Customer.
  6. When placing an Order, the Customer consents to the inclusion of their personal data in the Seller’s Store database for processing in connection with Order fulfilment, and consents to the processing of their personal data by the Seller for marketing purposes and to receive the Seller’s marketing communications regarding the Seller’s products and services via: email messages, SMS messages, and phone contact.

§7 Available Payment Methods

  1. The Customer may choose the following forms of payment:
    a) card via terminal upon collection;
    b) cash upon collection;
    c) BLIK payment.
  2. Available payment methods may vary depending on the type of Order and the delivery area selected.

§8 App Services

The Seller offers the following services via the SushiBang Application:

  1. Orders may be placed via the mobile app available for iOS and Android.
  2. The mobile app provides an interface enabling customers to place orders for products offered by the Seller.
  3. The app enables Users to order the Seller’s Products with in-person pickup or delivery to a specified location by the Store or via a delivery service.
  4. The Seller is not liable for damages resulting from unavailability or malfunction of the app unless caused by the restaurant’s gross negligence.
  5. Bonuses for orders are credited to the Customer within 24 hours.

§9 Deliveries

  1. Delivery of the Product to the Customer is for a fee unless the Sales Agreement provides otherwise. The costs of delivering the Product (including transport, delivery, and postal services) are indicated to the Customer on the Online Store’s website during the Order placement process, including at the time the Customer expresses their will to conclude the Sales Agreement.
  2. Personal pickup of the Product by the Customer is free of charge.
  3. Delivery costs depend on the address provided by the Customer during the Order process and are indicated in the “Delivery” tab on: sushibang.pl
  4. The Customer will be informed of the estimated Order fulfilment time during the Seller’s phone confirmation of the Order.
  5. The Order will be fulfilled no later than by the next Business Hours.
  6. If the Customer selects an exact time for Order fulfilment, it will be delivered at the specified time, with a tolerance of ± 30 minutes.
  7. The Order may be delivered only to the place indicated by the Customer during the Order process.
  8. The Seller provides the following delivery or pickup methods:
    a) delivery to the address indicated during the Order process;
    b) personal pickup at the Store where the Order was placed.

§10 Performance of the Agreement

  1. A Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in accordance with §6 of the Terms. The Agreement is concluded upon the Customer clicking the “Place order” button.
  2. After placing the Order, the Seller promptly confirms receipt and simultaneously accepts the Order for fulfilment. Confirmation of receipt and acceptance for fulfilment is made by phone confirmation of the Order.
  3. Regardless of the payment method chosen pursuant to §7, the Customer is obliged to pay the amount for the purchased Products indicated in the Order and due to the Seller.
  4. The Seller reserves the right to reject an Order, including due to an incorrectly indicated city or address by the Customer in the Order Form. If such an Order is nevertheless accepted by the Seller, the Customer is obliged to make payment for the ordered Products and is not entitled to demand a refund or repeated fulfilment of the Order.
  5. Information on allergens is available at: sushibang.pl https://sushibang.pl/assets/uploads/alergeny-pl.pdf . By accepting the Terms, the Customer acknowledges and agrees to purchase dishes containing allergenic ingredients. The Seller is not liable for any allergic reaction or exacerbation of allergy in the Customer.
  6. The actual appearance of the dishes may differ from their appearance in photos on the website or the Seller’s social media. These photos are for illustrative purposes only.
  7. Despite the utmost care in cleaning fish raw materials, the product may contain single bones or their fragments.
  8. During delivery to the Customer, a maximum of three (3) phone contact attempts are made, with 5-minute intervals between them. If the Customer cannot be reached, the Seller is entitled not to refund funds paid in advance during Order placement.
  9. Weekly promotions on individual items cannot be combined with permanent promotions (10% – self pick-up; 15% – birthday).

§11 Right of Withdrawal from the Sales Agreement

  1. Before the Seller begins performance, the Customer who is a Consumer may withdraw from the Sales Agreement without giving any reason. The Consumer may withdraw by submitting to the Seller a withdrawal statement in writing or by email to: kontakt.sushibang@gmail.com no later than one hour before the anticipated start of Order fulfilment, i.e., preparation of the ordered Product.
  2. The Seller will refund payments made by the Customer using the same payment method used by the Customer when placing the Order, within 14 business days from the Customer’s effective withdrawal from the Sales Agreement.
  3. In the event of withdrawal from a distance agreement, the agreement is deemed not concluded.
  4. Pursuant to Article 38 of the Consumer Rights Act, once the Seller has begun performance—i.e., the preparation of the ordered Product—the Customer loses the right of withdrawal.

§12 Complaints

For Customers who are Consumers:

  1. The Seller is obliged to produce a Product compliant with the agreement and is liable for non-compliance of performance with the Sales Agreement as provided by generally applicable law, in particular the Consumer Rights Act.
  2. The Customer may submit a complaint in connection with non-performance or improper performance of the Sales Agreement.
  3. A complaint may be submitted to the Seller’s email: reklamacje.sushibang@gmail.com, including the order number, a description of the Product’s non-conformity, and photos of the non-conforming Product.
  4. The complaint should include the Customer’s name, surname, address, and contact details.
  5. A complaint may be submitted within 72 hours.
  6. The Seller responds to complaints promptly by email or by phone, but no later than within 7 days.
  7. The Seller does not consent to participate in out-of-court consumer dispute resolution pursuant to Article 32(1)(2) of the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
  8. Pursuant to Article 12(1)(21) of the Act of 30 May 2014 on Consumer Rights, the Seller informs that detailed information on the possibilities for the Customer to use out-of-court complaint handling and redress procedures and access to these procedures is available on the website of the Office of Competition and Consumer Protection (UOKiK).

For Customers who are not Consumers:

  1. In the case of a Sales Agreement concluded with a Customer who is not a Consumer, pursuant to Article 558 §1 of the Civil Code, the Online Store’s liability under statutory warranty (rękojmia) for non-conformity of goods with the Sales Agreement is excluded.

§13 Complaints Regarding the Provision of Electronic Services

  1. The Online Store takes steps to ensure it functions correctly to the extent resulting from current technical knowledge and undertakes to remove any irregularities reported by Customers within a reasonable time.
  2. The Customer may notify the Store of any irregularities or interruptions in the functioning of the Online Store service. Please report irregularities by email to: kontakt.sushibang@gmail.com
  3. In a complaint regarding irregularities related to the functioning of the Online Store service, please indicate the type and date of occurrence of the irregularity.
  4. We undertake to respond promptly, no later than within 14 business days from the date of effective submission of the complaint.

§14 Legal Disclaimers

  1. Materials contained on sushibang.pl are for informational purposes only. The Seller is not liable for damage arising in connection with the use of information presented within the Store in any circumstances, nor for the effects of decisions made on that basis.
  2. The Seller is not liable for information, opinions, or comments disseminated by Customers on websites, nor for damage resulting from events beyond the Seller’s control, in particular for Customers’ violations of third-party rights and generally applicable law.
  3. Reviews are not verified as to whethr they come from consumers who used or purchased the product.
  4. The Customer bears sole responsibility for the content of opinions, information, and other statements made via the website sushibang.pl.
  5. The website sushibang.pl and its content are protected under the Polish Act on Copyright and Related Rights. Copying and dissemination beyond personal use may only take place after obtaining the Seller’s prior written consent and only to the extent indicated therein.

§15 Personal Data in the Online Store

  1. The controller of Customers’ personal data, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), collected via the Online Store, is the Seller.
  2. Data are processed in accordance with the Privacy Policy available on the Seller’s website at sushibang.pl: https://sushibang.pl/polityka-prywatnosci/
  3. The personal data controller is not liable for the Customer providing untrue personal data.
  4. Data will be processed until consent is withdrawn. For the purpose of defending against claims, data may be processed until the expiry of the limitation period.
  5. Data may be shared with entities authorized by law, as well as with persons interested in the Controller’s marketing activities.
  6. The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office (UODO) regarding processing carried out by the Controller.

§16 Final Provisions

  1. Agreements concluded via the Store are concluded in the Polish language.
  2. The Seller reserves the right to amend the Terms for valid reasons, i.e., changes in law, changes in payment and delivery methods—to the extent these changes affect the implementation of these Terms. The Seller will inform the Customer of any change at least 7 days in advance.
  3. In matters not regulated herein, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code of 23 April 1964, the Act of 18 July 2002 on electronic services, the Act of 30 May 2014 on consumer rights, and the Act of 10 May 2018 on personal data protection.

 

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