Terms and Conditions

1. INTRODUCTORY PROVISIONS AND DEFINITIONS

1.1 These Terms and Conditions (hereinafter referred to as the “Conditions”) are issued by Choice QR sro, company identification number: 09517600, registered at Na příkopě 857/18, Nové Město, 110 00 Praha 1, registered in the Commercial Register maintained by the Municipal court in Prague, case number C 337491 (hereinafter referred to as the “Operator”).

1.2 These Terms govern the mutual rights and obligations between the Operator, the User and the Partner arising in connection with the operation and use of the “Choice” Application, as well as other rights and obligations of Users when using the services provided in connection with the “Choice of the Application”, in particular :

• mutual rights and obligations between the Operator and the User arising when accessing and using the “Choice” Application, as well as arising in connection with the use of the services of the “Choice” Application and the User account;
• mutual rights and obligations related to contracts for the purchase and sale of Goods, or other contracts (for example, regarding delivery services), the conclusion of which is carried out through the mediation of the Operator through the Choice Application, while these Terms are an integral part of the purchase (or other) contract , concluded between the Partner and the User.

1.3 Unless the context otherwise requires, the following words and expressions used in these Terms have the following meanings:

1.3.1 “Choice Application” is a technical solution, or a computer program or application called Choice, the main essence and function of which is to provide Users with the opportunity to view, order and purchase Products of the Operator’s Partners and mediate the conclusion of a purchase and sale agreement for the relevant Products with a Partner or mediation in delivery services, as well as reserving space with Partners, managing marketing for Partners, as well as mediating communications between Partners and Users.

1.3.2 “Copyright Law” means Law No. 121/2000 Coll. Copyright Law, Rights Related to Copyright Law, and Amendments to Certain Laws as Amended.

1.3.3 “Partner” is the operator of a restaurant or other enterprise providing gastronomic services, or another partner (an individual or legal entity engaged in business activities), whose products are offered and sold through the “Choice” Application, on the basis of a brokerage agreement or another similar agreement concluded with the Operator.

1.3.4 “Terms” means these Terms of Use of the Choice Application.

1.3.5 “Products” means Partner’s products and services offered and sold by Partner through the Choice Application to Users for direct and immediate consumption.

1.3.6 “Operator” means the company defined in Article 1.1 of these Terms.

1.3.7 “Civil Code” means Law No. 89/2012 Coll. Civil Code as amended.

1.3.8 “User” is an individual or legal entity who uses the services of the “Choice” Application and thus enters into a sales agreement with the Partner.

1.3.9 “Consumer Protection Law” means Law No. 634/1992 Coll. on consumer protection as amended.

1.4 The User declares and expressly confirms that he has carefully read, fully understood, agreed and undertakes to comply with these Terms before using the services of the Choice Application. The User also represents and warrants that he/she has legal capacity (especially with regard to his/her age) or is represented by his/her legal representative.

2. BASIC PRINCIPLES OF OPERATION OF THE CHOICE APPLICATION

2.1 The Operator acts as an intermediary in the Partners' offer to sell Products to Users through the Choice Application, thereby providing Partners with the opportunity to contact Users. The Operator also provides Partners and Users through the Choice Application with a place where contracts for the purchase and sale of Products (or contracts for delivery services) are concluded, including a place to communicate and resolve any complaints. The Operator also allows Users to book a seat with Partners through the Choice Application and pay for Products using QR codes.

2.2 The Operator is neither a buyer nor a seller of Products, but is only an intermediary in concluding agreements for the purchase and sale of Products through the Choice Application; similarly, the Operator only acts as an intermediary in concluding contracts for supplies or other services. The purchase and sale agreement for the Goods is concluded solely between the User as a buyer and the Partner as a seller, and the Operator is not a party to such a purchase and sale agreement. Similarly, the Operator is not a party to the contract for the provision of delivery or other services.

2.3 Responsibility for the offer and sale of Products, as well as for addressing complaints from Users as customers or resolving other issues,arising from or in connection with sales contracts concluded between the User as a buyer and the Partner as a seller, lies with the specific Partner as a seller. with whom the User as a buyer has entered into an agreement. Likewise, the Operator does not bear any responsibility for the provision of delivery or other services. In this case, the Operator is not responsible for the quality and origin of the Goods, and is not responsible for payment or delivery of the Goods. The Operator does not bear any liability arising from the legal relationship between the Partner as a seller and the User as a buyer.

2.4 Due to the fact that the Operator provides a place for negotiations and transactions between the User and the Partner, the Operator undertakes to provide the User and the Partner with the necessary cooperation if its activities or behavior may contribute to the resolution of issues between the User and the Partner in connection with the purchase of Products through the “Choice” application.

2.5 The Operator does not verify and is not responsible for the accuracy or reliability of Users or Partners. The Operator is not responsible for the relevance, reliability and factual accuracy of the information published in the Choice Application.

2.6 User may access the Selection Application in a number of ways, including, but not limited to, scanning a QR code at Partner's premises or clicking on the appropriate button on Partner's website. If the User accesses the Choice Application through a specific Partner's QR code or the corresponding button on a specific Partner's website, the User will see that specific Partner's Product offering.