Terms of use

ONLINE STORE TERMS AND CONDITIONS, hereinafter referred to as the “Terms and Conditions”.

1. General Provisions

1. The seller of online orders concerning Products displayed on the SushiBang store website — hereinafter referred to as the “Store” — available at: sushibang.pl, is, depending on the place where orders placed by Customers through the above-mentioned website are fulfilled (the tab concerning the relevant city selected by the Customer):
   • SB PZN Sp. z o.o., with its registered office at ul. Gliniana 52A, 91-336 Łódź, Poland — hereinafter referred to as the “Seller”, entered in the register of entrepreneurs of the National Court Register under KRS number: 0001178103, NIP: 7262712780, REGON: 541967772 — for orders from the city of Poznań and the surrounding area.
   • BoPie Sp. z o.o., with its registered office at ul. Strzelecka 29A/39, 61-846 Poznań, Poland — hereinafter referred to as the “Seller”, entered in the register of entrepreneurs of the National Court Register under KRS number: 0001057392, NIP: 7831887943, REGON: 526404109 — for orders from Wrocław and the surrounding area, as well as Katowice and the surrounding area.
2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store — hereinafter referred to as the “Customer” — and define the rules for using the online Store and the procedure for concluding distance sales agreements with the Customer through the Store.
3. Each time, the Company responsible for the place of final fulfilment of the order concludes sales agreements for Products in its own name.

2. Definitions

Whenever the following terms are used in these Terms and Conditions, they shall mean:

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 delivery and payment method.
2. Customer — any entity making purchases through the Store.
3. Consumer — a natural person not conducting business activity and a natural person conducting business activity who concludes an agreement with the Seller through the Store, the subject of which is not directly related to that person’s business or professional activity.
4. Cart — an element of the Store’s software in which the passes selected by the Customer for purchase are visible, and where it is possible to determine and modify the Order details, in particular the quantity of passes.
5. Product — Products that are movable items and the subject of the Sales Agreement between the Customer and the Seller, offered in the online Store and included in the menu available on the website: sushibang.pl.
6. Product Page — a page containing detailed information about a given Product sold in the Store.
7. Entrepreneur — a natural person conducting business activity, a legal person, or an organisational 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 the website address: sushibang.pl, through which the Customer may purchase Products from the Seller.
9. Seller — depending on the place of final fulfilment of orders:
   • SB PZN Sp. z o.o., with its registered office at ul. Gliniana 52A, 91-336 Łódź, Poland — hereinafter referred to as the “Seller”, entered in the register of entrepreneurs of the National Court Register under KRS number: 0001178103, NIP: 7262712780, REGON: 541967772 — for orders from the city of Poznań and the surrounding area.
   • BoPie Sp. z o.o., with its registered office at ul. Strzelecka 29A/39, 61-846 Poznań, Poland — hereinafter referred to as the “Seller”, entered in the register of entrepreneurs of the National Court Register under KRS number: 0001057392, NIP: 7831887943, REGON: 526404109 — for orders from Wrocław and the surrounding area, as well as Katowice and the surrounding area.
10. Sales Agreement — an agreement for the sale of a Product concluded or already concluded between the Customer and the Seller through the online Store. Depending on the characteristics of the Product, a Sales Agreement shall also be understood as a service agreement or a contract for specific work.
11. Distance Agreement — an agreement concluded with the Customer as part of an organised system for concluding distance agreements within the Store, without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment the agreement is concluded.
12. Order — the Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
13. Business Days — the hours during which the Store is open, generally Monday–Thursday 17:00–01:00 and Friday–Sunday 15:00–01:00, depending on the place of final fulfilment of the Order.
14. Store — the place where the Seller conducts business activity as a result of which it sells Products offered in the online Store.

3. Contact Information

1. The Seller enables contact by email at the following email addresses:
   • [email protected] — for orders from the city of Poznań and the surrounding area.
   • [email protected] — for orders from Wrocław and the surrounding area, as well as Katowice and the surrounding area.
2. The Seller also enables contact by telephone during the opening hours of the Stores, as indicated on the website, at the following telephone number:
   • +48 530 663 669

4. Technical Requirements

In order to use the Store properly and without interruption, including browsing the Store’s assortment and placing Orders for Products, the Customer should have:

1. An end device with Internet access, such as a computer or smartphone, and an installed web browser updated to the latest version.
2. Cookies enabled.

5. General Information

1. To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions, in the operation 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 displayed in the online Store operating on the website sushibang.pl are gross prices stated in Polish zlotys. The prices indicated do not include delivery costs.
3. The amount payable by the Customer also includes the delivery fee. The Customer is informed of the total amount payable during the Order placement process.
4. The Seller reserves the right to make ongoing changes to Product prices and to conduct promotional campaigns.
5. The Seller enables Customers to place Orders in several cities; therefore, the Customer bears full responsibility for selecting the appropriate Store when placing an Order.
6. Orders through the online Store may be placed:
   • from Monday to Sunday between 06:00 and 01:00;
   • on statutory public holidays, these hours may be subject to change.
7. Due to the operation of several Stores run by the Seller, the Store menu may differ depending on the city in which the Store is located.
8. Before forwarding the Order for fulfilment, the Seller reserves the right to verify the Customer by email or telephone.

6. Conclusion of the Agreement

1. The Store’s business activity consists of concluding Sales Agreements for Products.
2. The agreement is concluded through the Order Form available on the Seller’s website and involves the obligation to make payment using one of the available payment methods.
3. The condition for the performance of the agreement is the provision of the Customer’s personal data allowing verification, acceptance of the Terms and Conditions, acceptance of the Privacy Policy, and payment by the Customer.
4. The Seller contacts the Customer in order to confirm the Order and correct any possible errors made by the Customer while placing the Order.
5. During the Order placement process, the Customer may express the wish to receive a fiscal receipt or VAT invoice, which may be attached to the Order or sent by post or email to the address indicated by the Customer.
6. During the Order placement process, the Customer consents to the inclusion of personal data in the database of the Seller’s Store for processing in connection with the fulfilment of the Order and consents to the processing of their personal data by the Seller for marketing purposes and to receiving marketing communications from the Seller regarding the Seller’s products and services by email, SMS messages, and telephone contact.

7. Offered Payment Methods

1. The Customer may choose from the following payment methods:
   • By terminal upon delivery or collection.
   • In cash upon delivery or collection.
   • BLIK payment.
   • Online payment through the Przelewy24 payment operator.
2. Available payment methods may vary depending on the type of Order placed and the selected Order fulfilment area.

8. Application Services

The Seller offers the following services through the SushiBang Application:

1. Orders may be placed through a mobile application available for iOS and Android systems.
2. The mobile application provides an interface allowing Customers to place orders for products offered by the Seller.
3. The application enables Users to order the Seller’s Products with the option of personal collection or delivery to the specified location by the Store or through a delivery service.
4. The Seller shall not be liable for damages resulting from the unavailability or failure of the application, unless such damages are caused by gross negligence on the part of the restaurant.
5. Bonuses for orders are credited to the Customer within 24 hours.

9. Deliveries

1. Delivery of the Product to the Customer is paid, unless the Sales Agreement provides otherwise. Product delivery costs, including transport, delivery, and postal service fees, are indicated to the Customer on the online Store website during the Order placement process, including at the moment when the Customer expresses the intention to conclude the Sales Agreement.
2. Personal collection of the Product by the Customer is free of charge.
3. Delivery costs depend on the address provided by the Customer during the Order placement process, and their amount is indicated in the “Delivery” tab on the website: sushibang.pl.
4. The Customer will be informed of the estimated Order fulfilment time during telephone confirmation of the Order by the Seller.
5. The Order will be fulfilled no later than the next Business Day.
6. If the Customer selects a specific time for fulfilment of the Order, it will be delivered at the specified time, with the Seller reserving a time margin of +/- 30 minutes.
7. The Order may be delivered only to the place indicated by the Customer during the Order placement process.
8. The Seller provides the Customer with the following methods of delivery or collection of the Product:
   • Delivery to the address indicated during the Order placement process.
   • Personal collection of the Product at the address of the Store where the Order was placed.

10. Performance of the Agreement

1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form, in accordance with § 6 of the Terms and Conditions. The agreement is concluded after the Customer uses and clicks the “Place Order” button.
2. After the Order has been placed, the Seller promptly confirms its receipt and at the same time accepts the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment takes place by telephone confirmation of the Order.
3. Regardless of the selected payment method, in accordance with § 7 of the Terms and Conditions, the Customer is obliged to pay the amount due for the purchased Products indicated in the Order and constituting the Seller’s receivable on this account.
4. The Seller reserves the right to reject an Order, for example due to the Customer incorrectly indicating the city or address in the Order Form. However, if such an Order is accepted by the Seller, the Customer is obliged to make the payment due for the ordered Products, and this does not entitle the Customer to request a refund or repeat fulfilment of the Order.
5. Information about allergens is available on the website: alergens. By accepting the Terms and Conditions, the Customer acknowledges and consents to purchasing dishes containing ingredients with allergens. The Seller shall not be liable in the event of any allergic reaction or worsening of an allergy in the Customer.
6. The actual appearance of the offered dishes may differ from their appearance shown in photographs published on the website or on the Seller’s social media profiles. These photographs are for illustrative purposes only.
7. Despite exercising the utmost care when cleaning fish raw materials, the Product may contain individual bones or fragments thereof.
8. During delivery of the Order to the Customer, a maximum of 3 three contact attempts are made in the form of telephone calls at 5-minute intervals. If contact with the Customer cannot be made, the Seller has the right not to refund funds paid in advance during the Order placement process by the Customer.
9. Weekly promotions for separate items cannot be combined with permanent promotions, namely 10% for personal collection and 15% for birthdays.

11. Right to Withdraw from the Sales Agreement

1. Before the Seller has performed the service, a Customer who is a Consumer may withdraw from the Sales Agreement without giving any reason. The Consumer may withdraw from the Sales Agreement by submitting to the Seller a declaration of withdrawal from the Sales Agreement in writing or by email to the Seller’s email address:
   • [email protected] no later than one hour before the expected start of fulfilment of the Order, i.e. preparation of the ordered Product.
2. The Seller shall refund the payments made by the Customer using the same payment method used by the Customer during the Order placement process within 14 calendar days from the Customer’s effective withdrawal from the Sales Agreement.
3. In the event of withdrawal from a distance agreement, the agreement shall be deemed not to have been concluded.
4. Pursuant to Article 38 of the Consumer Rights Act, after the Seller has performed the service, i.e. after preparation of the ordered Product has begun, the Customer loses the right to withdraw from the agreement.

12. Complaints

Applies to Customers who are Consumers:

1. The Seller is obliged towards the Customer to prepare a Product compliant with the agreement and is liable for non-conformity of the service with the Sales Agreement as provided for by generally applicable provisions of law, in particular the provisions of 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 address: [email protected], with the Customer providing the order number, a description of the Product’s non-conformity, and photographs of the ordered Product that is non-compliant with the agreement.
4. In the complaint notification, the Customer should include their first name and surname, address, and contact details.
5. The Customer may submit a complaint within 72 hours.
6. The Seller shall respond to the complaint promptly, by email or telephone contact, but no later than within 7 days.
7. The Seller does not consent to participation in out-of-court consumer dispute resolution proceedings in accordance with 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 regarding the possibility for the Customer to use out-of-court methods of complaint handling and pursuing claims, as well as access to these procedures, is available on the website of the Office of Competition and Consumer Protection.

Applies to Customers who are not Consumers:

1. In the case of a Sales Agreement concluded with a Customer who is not also a Consumer, pursuant to Article 558 § 1 of the Civil Code, the liability of the online Store under warranty for non-conformity of goods with the Sales Agreement is excluded.

13. Complaints Regarding the Provision of Electronic Services

1. The online Store undertakes actions to ensure its fully correct operation to the extent resulting from current technical knowledge and undertakes to remove within a reasonable time any irregularities reported by Customers.
2. The Customer may notify the Store of any irregularities or interruptions in the operation of the online Store service. Irregularities related to the operation of the Store should be reported electronically to the following address: [email protected].
3. In a complaint concerning irregularities related to the operation of the online Store service, please indicate the type and date of occurrence of the irregularity.
4. We undertake to respond to the complaint promptly, no later than within 14 calendar days from the date of its effective submission.

14. Legal Disclaimers

1. The materials contained on sushibang.pl are for informational purposes. The Seller shall not be liable for damages arising in connection with the use of information presented within the Store under any circumstances, nor for the consequences of decisions made on that basis.
2. The Seller shall not be liable for information, opinions, or comments disseminated by Customers on websites, nor for damages resulting from events beyond the Seller’s control, in particular for Customers’ infringement of third-party rights or generally applicable laws.
3. Reviews are not verified as to whether they originate from consumers who used or purchased the product.
4. The Customer is solely responsible for the content of opinions, information, and other statements made by the Customer through the website: sushibang.pl.
5. The website sushibang.pl and its content are protected under copyright and related rights law. Copying and distribution beyond personal use may take place only after obtaining the Seller’s prior written consent and only within the scope indicated at that time.

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 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, the General Data Protection Regulation, collected through the online Store, is the Seller.
2. Data is processed in accordance with the Privacy Policy available on the Seller’s website at sushibang.pl: Privacy Policy.
3. The personal data controller shall not be liable for the Customer providing false personal data.
4. Data will be processed until consent is withdrawn. In connection with defence against claims, data may be processed until such claims become time-barred.
5. Data may be disclosed to entities authorised to receive it by law, as well as to persons interested in the marketing activity of the Controller.
6. The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office regarding processing carried out by the Controller.

16. Final Provisions

1. Agreements concluded through the Store are concluded in Polish.
2. The Seller reserves the right to amend the Terms and Conditions for important reasons, namely changes in legal provisions, changes in payment methods, and changes in delivery methods — to the extent that such changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer of each change at least 7 days in advance.
3. In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular the Act of 23 April 1964 — Civil Code, the Act of 18 July 2002 on the provision of electronic services, the Act of 30 May 2014 on consumer rights, and the Act of 10 May 2018 on the protection of personal data.