I Definitions

  1. The parties to the contracts for the provision of electronic services are: Partner Restaurant and the Customer who fulfills the order in the Partner Restaurant of his choice.
  2. Partner Restaurant is HOMS s. r. o., Záhradnícka 4882/46, 821 08 Bratislava, SK, NIP: SK2023781507. Trade Agent in the form of  Restaumatic Sp. z o.o., 41-800 Zabrze, ul. Wolności 345, NIP: 648-276-55-71 acts on behalf and account the Partner Restaurant and is authorized to receive declarations of will, accept benefits and conclude contracts on behalf of and account of the Partner Restaurant as part of the IT System for handling gastronomic orders appearing under the name and/or
  3. Customer is a natural person (including a Consumer) who is 18 years old and has full legal capacity, or a legal person or organizational unit with legal capacity. The Customer may be a natural person who is 13 years old but under 18 years old to the extent that he can acquire rights and incur obligations in accordance with the provisions of generally applicable law, i.e. in minor everyday matters.
  4. Agent is: Restaumatic Sp. z o.o., 41-800 Zabrze, ul. Wolności 345, NIP: 648-276-55-71. Restaumatic Sp. z o.o. is also the provider of the Website operating under the name and/or, acting on behalf of and account of the Partner Restaurant only.
  5. IT System under the name and/or is a software used by the Partner Restaurant through which the Buyer may order the products and services offered by the Partner Restaurant. 
  6. Order, for this document, is a legal act performed by using the software, during which the Buyer expresses the will to purchase the ordered products and services in accordance with their description and price. 
  7. Payment is the act of paying the price for the order in the chosen method when placing the order and specified in the Regulations. 
  8. Partner Restaurant HOMS s. r. o., Záhradnícka 4882/46, 821 08 Bratislava, SK, NIP: SK2023781507 is the Personal Data Administrator. 
  9. Restaumatic Sp. z o.o., 41-800 Zabrze, ul. Wolności 345, NIP: 648-276-55-71, email: is the Entity Processing Personal Data within the meaning of the Regulations.

II General provisions

  1. In terms of services provided electronically, this document is the Regulations referred to in Art. 9 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended). The Regulations are addressed to all customers via the Internet Service. The Agent, Partner Restaurant and the Customer undertake to comply with all provisions of the Regulations.
  2. All information contained and displayed through the Internet Service, in particular on the website of the Partner Restaurant, relating to goods and services, including their prices, do not constitute a commercial offer within the meaning of Art. 66 of the Civil Code, but an invitation to conclude a contract specified in art. 71 of the Civil Code.
  3. It is forbidden to use the Internet Service by the Buyer in a manner that is against the law, morality, or violates the legitimate interests of the Partner Restaurant and the Agent. In particular, the Buyer will not take any actions that could expose the Partner Restaurant or the Agent to any damage to property or image.
  4. The Customer declares that the data provided by him in the order form, in particular, address and e-mail address, are accurate, correct, and complete. In the event of providing false or not belonging to the Customer Data, the Partner Restaurant may notify the Agent about this fact, who may immediately remove the Customer's order and notify the relevant state authorities.
  5. If transactions are carried out using the Customer's data, the Customer must bear the costs for them, if he did not notify the Partner Restaurant immediately after discovering the fact of unlawful use of his data.

III Acceptance and orders execution

  1. The condition for using the services of the Internet Service is to read and accept these Regulations. 
  2. When placing an order, the Buyer commits to provide his true and complete data required by the IT System and acknowledges that he places an order with an obligation to pay. 
  3. The Partner Restaurant reserves the right to confirm the order and the correctness of the data by phone or e-mail. In the absence of contact with the Customer, incomplete data, a suspicion that the data is not true, belongs to third parties or the promotion is not due to the Customer, the Partner Restaurant has the right to cancel the order without giving the reason.
  4. If the Customer placed an order using a promotion, price discount, or other preferences to which he was not entitled, he commits to pay the full price. The Partner Restaurant has the right to verify the Customer's entitlement to purchase goods and services on preferential terms during the execution of the order.

IV Additional information on online orders

  1. The contract between the Customer and the Partner Restaurant is considered concluded only when the Partner Restaurant confirms to the Customer that they have accepted the order for execution, stating the time of delivery or collection of the order. 
  2. The Partner Restaurant and the Agent have the right to cancel a confirmed order in the following cases: a. violation of the principles described in point III of the Regulations b. breakdown or technical or organizational limitations that prevent or severely impede the execution of the order c. lack of adequate resources or products to execute the order, which the Partner Restaurant could not predict despite exercising due diligence d. in the event of reasonable doubts that the data provided by the Customer is false, belongs to third parties, the Customer does not have the legal capacity within the meaning of civil law 
  3. The Partner Restaurant commits to post information immediately, if possible, on its website about the existing limitations or the inability to fulfill the Orders.
  4. The Partner Restaurant confirms the acceptance of the order for execution by displaying the relevant information to the Buyer on the screen of the device on which the Buyer placed the order. In addition, the Buyer will receive a message by e-mail, in special cases also by SMS. The performance of one of the above-mentioned activities by the Partner Restaurant is synonymous with effective delivery of the order confirmation for execution to the Buyer.
  5. The given time of order fulfillment should be treated as planned and exceeding it by 80% is not considered a failure to fulfill the order and does not constitute grounds for a complaint.

V Payment methods

  1. When placing an order, the Buyer selects one of the available payment methods: cash, by card through the payment terminal of the Partner Restaurant, or online payment.   
  2. Settlement of the payment by the Customer to the Agent via online payment is synonymous with the fulfillment of the obligation by the Customer.
  3. If the payment is made online, Partner Restaurant will accept the order for execution provided the Agent confirms the receipt of funds. The confirmation document that the funds have been credited to the Buyer's account is not sufficient. If the Partner Restaurant cancels the order paid via the online payment, the Agent will refund the payment on behalf of the Partner Restaurant. The order for the reimbursement of the payment by the Agent will take place no longer than within 72 hours from the date of receipt by the Agent of the information about the cancellation of the order and the order to return funds. The date of return is the date on which the Agent submits an order to return the amount due to the Payment Operator. 
  4. If the Customer places an order with a cash payment, the Partner Restaurant is responsible for the refund in justified cases and the Agent is not responsible for the refund done by the Partner Restaurant.
  5. The Agent as a partner of the Online Payment System Operator and the Payment System Operator reserve the right to refuse to handle payments made by the Customer, in particular, if there are doubts as to the legality of the transaction for which the payment is made or the legality of the payment itself. The payment may be refused by the Agent and the Payment System Operator for the above reasons.
  6. The Agent and the Payment System Operator are not responsible for delays in the transmission of payments or authorization responses, caused by reasons arising after the Customer submits a payment order, as well as for failure to complete or delay in transferring due funds or data verification, in particular caused by providing incorrect or incomplete data by the Customer which prevent the execution of the payment transaction, as well as for delays resulting from other events beyond the control of the Agent or the Payment System Operator.  
  7. The Partner Restaurant will issue relevant documents to the Customer confirming the sale within the period provided for by law.  
  8. In case of questions or doubts, the Customer should contact the Partner Restaurant by phone or e-mail. 

VI Customer right to withdraw from the contract 

  1. Before fulfilling the order by the Partner Restaurant, the Customer may withdraw from the contract without giving any reason, and this right may be exercised until the Partner Restaurant started the execution of the order.
  2. To exercise the right to withdraw from the contract, the Customer commits to inform the Partner Restaurant by way of an unequivocal statement by telephone contact with the Partner Restaurant no later than 5 minutes from the confirmation of the order. After this time, the order cannot be canceled or changed, unless the Partner Restaurant agrees. Informing the Partner Restaurant about the intention to withdraw from the contract by e-mail is not sufficient to effectively withdraw from the contract.
  3. If the Customer has made the online payment, the funds will be refunded by the Agent within 14 business days and 72 hours from the moment of receiving the refund order from the Partner Restaurant.

VII Complaints

  1. If the delivered order is incorrect, the Customer will immediately inform the Partner Restaurant about the fact by phone or via e-mail. 
  2. The Customer's complaint will be considered within 14 days of receiving notification. The customer will be notified of the decision regarding the complaint by e-mail. 
  3. The complaint may also be submitted in electronic form by sending its content to the Agent at or in writing to the address of the registered office in Poland: and/or, i.e. Restaumatic Sp. z o.o., 41-800 Zabrze, ul. Wolności 345.
  4. The complaint should contain the Customer's data, telephone number, e-mail address, the date of placing the order, the date of execution of the order, the indicated address of delivery, the customer's login, and a detailed description of the complaint.  
  5. If the data or information provided in the complaint is incomplete or needs to be further explained, the Agent will request their supplementation before considering the complaint. The time for considering the complaint is extended until the data is completed by the Customer submitting the complaint.  
  6. The agent considers the complaint within 14 days from the date of its receipt in the correct form. The agent may refuse to consider complaints submitted after 90 days from the disclosure of the reasons for the complaint.  
  7. The decision on the complaint is sent only to the e-mail address assigned to the Customer's Account or to the address indicated in the complaint itself.  

VIII Personal data protection

  1. Detailed information on the rules for the processing of personal data is available in the Personal Data Protection/Privacy tab.

XI Final provisions

  1. It is necessary for the Customer to have access to the Internet, an active e-mail address, and a telephone number to implement the services correctly.  
  2. In matters not covered by the Regulations, the provisions of generally applicable law shall apply.  
  3. The agent reserves the right to amend these Regulations. The amendment to the Regulations comes into force within 2 days from the date of publication. Lack of acceptance of the new version of the Regulations is tantamount to the inability to use the Website.  
  4. The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law, granting rights to consumers, these provisions shall prevail.  

Administrator and Partner Restaurant 

State as of 2021-12-08

License notes