fudyGet a demo

Dine-in service general terms and conditions for customers

These general terms and conditions of the dine-in service are applied to restaurateurs upon their use of the dine-in application and the legal relationship established thereby.     Effective from 01.03.2023       1.DEFINITIONS AND PREAMBLE    1.1. Terms used in these general terms and conditions shall have the following meaning:   Fudy: Fudy OÜ, registry code 16182871, address Harju County, Saku vald, Tänassilma, Põikmäe tn 2, 76406     An information society service provider that has developed and operates the Fudy dine-in application     Customer: a natural person who has placed via the Application an order at the Partner's Point of Sale, concluding a sales agreement with a Partner on the fulfilment of the Order, and who has paid for the Order via Fudy's dine-in Application     Partner: a restaurateur who has entered into an agreement with Fudy on the use of the Application, and who offers visitors of its Point of Sale a possibility of placing Orders and paying for them using the Application     Application: an application that opens upon scanning a QR code using a smart device and through which the Partner's Point of Sale menu is made available, the Customer is provided a possibility of placing an Order and paying for the Order via a smart device     Order: a product order placed by the Customer with the Partner     Sales Agreement: The sales agreement concluded between the Customer and the Partner, on the basis of which the Partner sells the products included in the Order to the Customer     Price of Order: the price that the Customer is obliged to pay for the products listed in the Order     General Terms and Conditions: Fudy’s General Terms and Conditions of the Dine-in Service for Customers, which apply to the Customer upon placing Orders and paying for an Order     1.2. The Customer understands and accepts that Fudy is not a restaurateur and does not produce the products offered via the Application and is not a distributor of the products offered in the Application. Fudy is an information society service provider that manages and operates the Application, which allows restaurateurs being Partners to simplify the process of accepting Orders.     1.3. Fudy is not a party to the Sales Agreement, the Sales Agreement is entered into between the Customer and the Partner. In view of the above, Fudy is not liable for the Partner's actions or inactions upon performance of the Sales Agreement. Fudy does not assess or guarantee the suitability, legality or capacity of Partners using the Application. The Customer understands and accepts that Fudy is not responsible for the products manufactured or sold by the Partner, and their security. Moreover, Fudy is not responsible for ensuring that any images of products displayed in the Application correspond to the products actually produced by the Partner.     1.4. Fudy intermediates the entry into the Sales Agreement between the Customer and the Partner via the Application. In connection therewith Fudy, inter alia, collects payments due from Customers for their Orders and forwards them to Partners in accordance with the procedure stipulated in these General Terms and Conditions and the agreements concluded with the Partners.     1.5. These General Terms and Conditions apply to all Orders placed by the Customer.     1.6. By placing the order, the Customer confirms being a person having active and passive legal capacity who has the right to perform the transactions made available in the Application.       2. PLACING OF ORDERS    2.1. In order to place an Order at the Point of Sale using the Application, the Customer scans with a smart device the QR code at the table of their choice. When scanning the QR code, the Application opens automatically displaying the Partner's menu. If the Customer has allergies or other dietary restrictions or wishes to receive more detailed information about the products before placing their Order, they will have to contact the employee of the Point of Sale for additional information, who will advise the Customer, if necessary, on finding a suitable product.     2.2. To place an order, the Customer selects suitable products from the menu, adds them to the shopping cart, and pays for them via the Application. If the Customer has special requirements regarding the Order, the Customer submits them to the Partner in the comments box of the Order.     2.3. If the Customer wishes to order products that require age verification (e.g., alcohol, energy drinks), the Customer is obliged to confirm their age when placing the Order. Furthermore, when transferring the Order, the Partner may require the Customer to provide an identity document. The Partner has the right to refuse delivery of the Order if the Customer does not provide a valid identity document, in which case the Customer's Order is cancelled.     2.4. The Order placed by the Customer is linked to the number of the table of the Customer the QR code of which was scanned by the Customer. Depending on the Point of Sale, the completed Order will be delivered to the Customer’s, or the Customer will be informed otherwise of the completion of the Order (e.g., by an SMS sent to the phone number provided by the Customer in the order).     2.5. The Customer can place the Order with the Partner if they have provided Fudy with details of a valid means of payment (e.g., credit card, debit card with the online payment feature or other means of payment). Fudy does not store data of the Customer's means of payment, instead such data are stored by a third-party payment service provider engaged by Fudy.     2.6. By placing the Order with the Partner, the Customer loses the possibility to change or cancel the Order. Therefore, before submitting the Order, the Customer has to review the Order carefully and make sure that the Order meets their wishes.     2.7. The Sales Agreement for the products included in the Order is deemed concluded between the Customer and the Partner when the Customer makes the payment.       3. FEES AND SETTLEMENTS    3.1. Fudy will issue the Customer an invoice for the Order placed via the Application, stating the price of the Order. By placing an Order via the Application, the Customer accepts the fee and undertakes to pay it.     3.2. The funds corresponding to the price of the Order are booked on the account linked to the Customer's means of payment, and when the Order is completed and handed over to the Customer, the booked funds are automatically withdrawn from the account linked to the means of payment.     3.3. By paying the price of the Order to Fudy, the Customer has performed the obligation to pay the fee arising from the Sales Agreement to the Partner.     3.4. Fudy transfers the price of the Order collected from the Customer to the Partner in accordance with the agreements concluded with it.       4. INTELLECTUAL PROPERTY RIGHTS RELATED TO APPLICATION    4.1. The Application and all its contents, including software, databases, documents, images and information used in the Application, intellectual property rights belong to Fudy or its licensors.     4.2. The Customer shall not:     4.2.1. use the Application to commit fraud or for any other unlawful purpose;     4.2.2. solicit others to perform or participate in any unlawful acts;     4.2.3. violate any national legislation or requirements;     4.2.4. harass, abuse, insult, damage, defame, revile, belittle, threaten or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;     4.2.5. present misleading or incorrect data;     4.2.6. upload or transmit viruses or malware of any other type that is or could be used in a manner affecting the functionality or performance of the Application;     4.2.7. use the Application for immoral purposes.       5.LIABILITY    5.1. THE CONTENT AND FUNCTIONALITIES MADE AVAILABLE IN CONNECTION WITH OR VIA THE APPLICATION ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. FUDY DISCLAIMS ANY WARRANTIES TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW. FUDY DOES NOT WARRANT OR GUARANTEE THAT THE APPLICATION IS ACCESSIBLE ALWAYS OR AT ANY PARTICULAR TIME, FUNCTIONS AT ANY TIME WITHOUT DISRUPTIONS, IS SECURE OR FREE OF ERRORS, SATISFIES ANY NEEDS THAT THE CUSTOMER MAY HAVE, OR IS FREE OF VIRUSES, MALFUNCTIONS, PROTECTED AGAINST HACKING, AND OTHER INTERFERENCE REDUCING SECURITY.       5.2. Fudy is not a party to the Sales Agreement, therefore, Fudy is not liable for any claims arising from the Sales Agreement. If the Customer discovers any defects in the Products ordered via the Application, then the Partner is responsible for such defects and claims must be submitted directly to the Partner.       6. MISCELLANEOUS PROVISIONS    6.1. The legal relationships between Fudy and the Customer arising from the use of the Application are governed by laws of the Republic of Estonia. Notwithstanding the above, a Customer being a consumer has the right to also rely on the provisions of law of the country in which they are habitually resident, provided that Fudy pursues or directs their professional or commercial activities in that country.       6.2. The Parties shall make their best effort to settle any disputes arising from the Application by negotiations. Failing an agreement, the dispute shall be settled by Harju County Court. However, a Customer domiciled in the European Union, being a consumer always has the right to file an action to the competent court of their country of domicile. If the Customer's place of residence is in the European Union, the Customer has the right to refer the settlement of the dispute with Fudy to the online dispute resolution platform (ODR) managed by the European Commission (available at: ec.europa.eu/odr). The Customer also has the right to submit a request for dispute resolution to the consumer disputes authority of the Customer's country of residence or to another authority responsible for extrajudicial settlement of disputes (for example, the Estonian Consumer Disputes Committee).     6.3. The rights and obligations arising from these General Terms and Conditions cannot be transferred by the Customer to third parties without Fudy’s prior written consent.