I. Introductory Provisions
- Dáme Jídlo operates and manages a food delivery portal on the website www.damejidlo.cz (hereinafter the “DameJidlo.cz Portal"). Dáme Jídlo offers market space and related services to other entrepreneurs (hereinafter “Restaurant/s”) on the DameJidlo.cz Portal and conducts activities enabling Restaurants to conclude contracts with third parties (hereinafter “Customer/s”) for the use of the Restaurant’s services and/or goods (hereinafter the "Mediated Contract").
II. Use of the DameJidlo.cz Portal
- Access to, and the use of the DameJidlo.cz Portal is free of charge. However, the User bears the costs incurred in connection with the realisation of access to, and use of the site (i.e. the cost of the internet connection, etc.).
- Dáme Jídlo is not a party to contractual relations between the Customer and the Restaurant. Dáme Jídlo is not liable for the fulfilment of any obligations under the Mediated Contract or for any damages incurred by the User on the basis of, or in connection therewith.
- Dáme Jídlo provides Restaurants with market space on the DameJidlo.cz Portal, and is not liable for any error or defect in the content or appearance of the material published by the Restaurant on the DameJidlo.cz Portal. Dáme Jídlo is not liable for the completeness, accuracy or veracity of the material published on the DameJidlo.cz Portal or for unfair competition by Restaurants via the site or a violation of personal rights or copyright. All prices on the DameJidlo.cz Portal are prices for the purchase of vouchers. Dáme Jídlo is not liable for any damage incurred in connection with the use of information published on the DameJidlo.cz Portal.
- Dáme Jídlo does not guarantee uninterrupted access to the DameJidlo.cz Portal, or the safety and security of the DameJidlo.cz Portal. Dáme Jídlo is not liable for any damage incurred by the User when accessing and using the site, including any damage caused by downloading data published on the DameJidlo.cz Portal, damage caused by interrupted operation, failure of the DameJidlo.cz Portal, computer viruses, damage due to loss of data, profits, or unauthorised access to the User’s transmissions and data.
- When clicking on certain links on the DameJidlo.cz Portal, you may leave the DameJidlo.cz Portal and be redirected to the websites of third parties.
- Dáme Jídlo reserves the right to restrict or terminate the User's access to the DámeJídlo.cz Portal at any time.
- The User is liable for all damage resulting from the User’s unauthorised intervention in the DámeJídlo.cz Portal or the system that transmits data from the DámeJídlo.cz Portal to third parties.
III. Twisto Payment Method
If the User chooses the Twisto payment method as the form of payment for the Restaurant’s goods and services, the following will apply:
- The Twisto payment method is provided by PayU S.A. with its registered office at 60-166 Poznań, ul. Grunwaldzka 186, 60-166 Poznań, Poland, in cooperation with Twisto payments a.s., ID number: 01615165, registered in the Commercial Register administered by the Municipal Court in Prague, Section B, insert 19085, with its registered office at Újezd 450/40, Malá Strana, 118 00 Prague 1 (hereinafter “Twisto”), and consists of the deferral of the User's payment for the purchase of goods or services from the Restaurant, based on the assignment of the receivable to Twisto at the User's request and its subsequent payment to the Restaurant by Twisto instead of the User under the conditions specified in the Twisto General Terms and Conditions
- If the User uses the Twisto payment method, he/she must make payment (i.e. pay the total purchase price and delivery costs) within 14 days from the delivery date of goods or services using the Online Payment service, or within 45 days from the delivery date of goods or services using the Twisto account service.
- By using the Twisto payment method, the User agrees to the "Twisto General Terms and Conditions". The User expressly agrees to the assignment of the Restaurant’s receivable for the total purchase price (including delivery costs and any other costs) of the ordered goods and/or services to Twisto, and by using the Online Payment method, the Restaurant enters into a contract with Twisto in accordance with the "General Terms and Conditions for Online Payment Customers".
- Dáme Jídlo is the exclusive owner of the DameJíidlo.cz Portal.
- The DameJidlo.cz Portal is a copyrighted work in the sense of Act No. 121/2000 Coll., the Copyright Act, as amended. Dáme Jídlo exercises all property rights related to the DameJidlo.cz Portal.
- The content of the DameJidlo.cz Portal may not be stored, altered, distributed or its property rights exercised in any other manner, except with the prior consent of Dáme Jídlo.
V. User’s Rights and Obligations
The User represents and warrants to Dáme Jídlo that:
- he/she is legally competent, in particular with regard to his/her age, or is represented by a legal representative,
- all information provided to Dáme Jídlo is true, complete, accurate and correct,
- he/she will use the DameJidlo.cz Portal, shop on the portal and make contributions to the discussion through no more than one user account. In the case of a legitimate suspicion that the User has created and uses more than one user account, Dáme Jídlo has the right to block and delete these accounts.
The User must comply with legal regulations when using the
DameJidlo.cz Portal and must always respect the
rights of Dáme Jídlo and third parties, especially when handling
copyright works and other intellectual
property rights. In particular, the User may not:
- commercially use any part of the DameJidlo.cz Portal in a manner capable of damaging Dáme Jídlo and/or the Restaurant,
- obtain the login names and/or passwords of other Users,
- misuse, block, modify or otherwise change any part of the DameJidlo.cz Portal, or try to disrupt the stability, operation or data on the DameJidlo.cz Portal,
- use mechanisms, software or other procedures that could have a negative effect on the operation of the DameJidlo.cz Portal. The DameJidlo.cz Portal may only be used to an extent not detrimental to the rights of other Users or Dáme Jídlo and in a manner that complies with its purpose.
- not to use the DameJidlo.cz Portal if its use by the User would be in violation of legal regulations,
- if he/she is under 18 years of age, he/she will not use services on the DameJidlo.cz Portal subject a minimum age of 18, where such services are marked with the symbol "18+" or other symbol of the same meaning.
- If it is not possible to reliably verify that the User is over the age of 18, the delivery of the Restaurant’s service and/or goods subject to a minimum age of 18, which is the subject of the Mediated Contract, will not take place and the Restaurant will automatically withdraw from the Mediated Contract concluded between the Restaurant and the Customer.
- The User acknowledges that he/she will be contacted by the Restaurant or Dáme Jídlo by email, or on the telephone number provided to Dáme Jídlo for the purposes of fulfilling the Mediated Contract, in accordance with the conditions for processing personal data, which are published and freely available on the DameJidlo.cz Portal. The User must therefore expect to be contacted by the delivery person (courier) prior to the delivery of the Restaurant’s services and/or goods.
VI. Price for the Use of the Restaurant’s Service and/or Goods and Terms of Payment
- The User acknowledges that the final price of the order is rounded off to whole crowns in accordance with relevant legal regulations. A detailed breakdown of the purchase price, incl. hellers, is always shown on the delivery note and on the tax document issued by the Restaurant.
The price for the use of the Restaurant’s services and/or goods and
any other costs (e.g. the cost of
delivery) will be paid by the User in one of the following ways:
- non-cash payment by debit/credit card through a secure internet payment gateway provided by Adyen, which is part of the DameJidlo.cz Portal;
- cash on delivery;
- meal voucher (max. 5 pcs per order);
- another manner according to the options available on the DameJidlo.cz Portal.
- The price for the use of the Restaurant’s services and/or goods includes VAT.
- Non-cash payment by debit/credit card - If the User chooses non-cash payment by debit/credit card as the method of payment, he/she must proceed according to the instructions of the relevant internet payment gateway for payment. Dáme Jídlo is not obliged to mediate services and/or goods and the Restaurant is not obliged to provide services and/or goods to the User before the price for the use of the service and/or goods is paid by the User. If the User intends to use the Adyen N.S. payment system (internet payment gateway) operated by Adyen N.S., with its registered office at Simon Carmiggeltstraat 6-50, 5th floor, Amsterdam, The Netherlands, to pay the price of the service and/or goods, he/she must first read the relevant terms and conditions governing its use. The Adyen N.S. payment system is operated exclusively by the company Adyen N.S. Dáme Jídlo and the Restaurant will therefore not be liable for any damage incurred by the User due to the use of this payment system.
- Payment in cash on delivery of services - If the User chooses the method of payment in cash on delivery of the service and or goods, the price is payable on delivery of the ordered service and/or goods. The price of the service and/or goods is considered paid at the moment the relevant amount is handed over the delivery person (courier) on receipt of the ordered service and/or goods.
- When paying with meal vouchers or an electronic meal voucher card, the User undertakes to only order services and/or goods through the DameJidlo.cz Portal not containing alcoholic beverages.
- The User also expressly acknowledges that if the method of payment by paper meal vouchers is chosen, it may occur that the Restaurant does not accept the User’s paper meal voucher issuant. If this occurs, the User is obliged to pay the order in cash.
- If the Customer gives the delivery person a tip for the delivery of the Restaurant’s service and/or goods, this tip is not considered part of Dáme Jídlo’s revenue.
- The User is also permitted to pay the price of the order with vouchers, given to the User by Dáme Jídlo as part of customer care.
VII. Final Provisions
- All food, meals, beverages and/or goods offered to Customers by the Restaurant through the DameJidlo.cz Portal may contain allergens. For more information on allergens contained in specific foods, meals, beverages and/or other goods, Customers may contact the customer support through the help center located in the user interface of the User’s profile (hereinafter “Help center”) and/or by email at email@example.com. Customer support will provide information on the exact composition of the respective dish. This information is also available to Customers at the time of delivery, from the respective courier.
- In accordance with the provisions of § 1829 Civil Code, the Customer has the right to withdraw from the Mediated contract within 14 days of receiving the goods and / or services, and even from an individual item of goods and / or services. In the event of withdrawal from the Mediated contract, the Customer may hand over the goods and / or services immediately to the person who delivered the goods and if this is not possible, he is obliged to notify the Dáme jídlo by telephone or via the email address: firstname.lastname@example.org and send the goods and / or services at their own expenses to the Restaurant's address (generally to the address of his premises, or at the registered office or place of business of the Restaurant and / or through the contact details provided by the Restaurant on his profile). When withdrawing from the Mediated contract, the Customer may also use the form available in PDF and DOCX. For the avoidance of any doubts it is not possible to withdraw from the Mediated contract in accordance with the relevant provisions of the Civil Code which relates to perishable goods and / or services (fruits, vegetables or foodstuffs of animal origin, etc.) or goods and / or services which have been irretrievably mixed with other goods and / or services after delivery. An exception is fruit and vegetables that have a different country of origin on the packaging than the one listed on Dameídlo.cz Portal. Furthermore, the Customer may not withdraw from the Mediated contract if it relates to goods and / or services that were unpacked out of their closed package and due to hygienic reasons it is not possible to return. The Customer also may not withdraw from the Mediated contract for the supply of newspapers, periodicals or magazines, as well as for the supply of an audio or video recording or a computer program, if he has broken their packaging. In the event of a valid withdrawal from the Mediated contract the price of goods and / or services or a proportion thereof will be refunded within 14 days of returning the goods and / or services to the Customer's bank account or to the bank account from which the Customer paid the price, including delivery costs.
- The Restaurant and User’s rights and obligations arising from defective performance are governed by relevant generally binding legislation (especially the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended). The User, in the position of a consumer, is entitled to exercise his/her rights arising from defective performance under the Mediated Contract with the Restaurant (generally at the address of the Restaurant’s establishment where it is possible to exercise rights arising from defective performance with regard to the range of goods sold, at the Restaurant’s registered office or the Restaurant(s business premises and/or using the contact details provided by the Restaurant in its profile on the DameJidlo.cz Portal) and/or via the Help center and/or by email at email@example.com, taking into account the fact that the subject of the Mediated Contract is the purchase of consumable goods (food and beverages), which are perishable.
- The competent authority for the out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, web: http://www.coi.cz.
- All legal relations arising on the basis of, or in connection with the DameJidlo.cz Portal are governed by the laws of the Czech Republic, regardless of where access and use of the DameJidlo.cz Portal took place.
In Prague on 08.07.2020