Provisions concerning the division of duties between the Partner and Wolt
[EXCERPT FROM THE USER TERMS OF SERVICE]
“Partner” means a restaurant or other service partner who has signed a partner agreement with Wolt and who, as a merchant, offers its products and, when required, delivery through the Wolt Service.
"Wolt” means Wolt Polska sp. z o.o., ul. Złota 59; 00-120 Warsaw, if the User is located in Poland.
"User” or “you” means a natural person using the Wolt Service.
2. Identity of Wolt
Wolt Polska sp. z o.o., ul. Złota 59; 00-120 Warsaw, Polska, entered into the register of entrepreneurs of the National Court Register, kept by District Court for the capital city of Warsaw in Warsaw, XII Business Department of the National Court Register under KRS No. 0000745637, NIP: 7010846311, if the User is located in Poland.
Trade name: "Wolt”,
Email address: email@example.com.
3. Description of the Wolt Service
3.1 Wolt provides a technology platform where user can purchase Retail Products and order delivery service from a Partner of your choice. When you purchase meals from a Partner, Wolt supports the purchase on the Wolt Service. Wolt also offers directly to Users delivery services for Retail Products purchased from selected Partners, which is clearly indicated in the profile of such Partner in the “Premises Information” section. Partners or Wolt charge Users a delivery fee and a service fee.
3.2 Partners provide information about their products and services on the Wolt Service, including information on menus and product prices. Information about the individual delivery and service fee each time is provided in the Wolt Service. If you have allergies or other dietary restrictions, please contact the Partner of your choice. The Partner will provide detailed information about the selected meal or other Retail Product upon your request, in accordance with applicable legal requirements. Sales and purchases of Partners' products and services may be subject to Partners' terms and conditions in addition to those described in the Wolt Service. Prices of Retail Products are determined according to the price list as of the date of the Order. Please note that minimal differences are possible between the indicated price and the final price of the Order for packaged products due to differences in packaging weight.
The Partner shall provide allergen information and other necessary information about the Retail Products as part of the Wolt Service, as appropriate for each product. The Partner is responsible for providing all information about the Retail Products required under applicable laws, including Regulation (EU) No. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers. If applicable, Partner is also responsible for ensuring that the selling price and the unit price are indicated in accordance with Directive 98/6/EC of the European Parliament and of the Council on consumer protection through the indication of prices of products offered to consumers.
Partner determines, at its sole discretion, the range and pricing of Retail Products available through the Wolt Service. Partner may also impose certain restrictions on your Order, such as quantity limits or Order size limits. Partner is responsible for informing you of any restrictions on the availability of any Retail Products. You agree that in the event of temporary unavailability of a particular product, Partner will process your Order without including such product as part of your Order. You will not be charged for payment for products that are unavailable at the time you place your Order.
When selecting Partner's products and services, the User makes a binding order to purchase products and services from Partner under the terms and conditions presented to the User on the Wolt Service prior to placing the order (“Order”). Upon receipt of the Order, Wolt will forward the details of the Order to the Partner. Upon acceptance of the Order by the Partner, and after Wolt, on behalf of the Partner, presents the Order confirmation to the User, the User or the Customer Organization and the Partner shall enter into the Purchase Agreement. The Partner will provide the purchase confirmation to the User. With respect to Retail Products purchased from selected Partners marked in accordance with Section 3.1: Upon acceptance of the Order by the Partner and upon presentation of the order confirmation by the User, in addition to entering into a Purchase Agreement with the Partner for the purchase of the Partner's products, the User or the Customer Organization and Wolt shall enter into a legally binding agreement for the purchase of any delivery services ordered by the User through the Wolt Service.
3.3 The Partner selected by the User shall prepare for the User (and deliver, if delivery services have been ordered) the products specified in the Purchase Order. Wolt shall not be liable to the User for the proper execution of the Purchase Agreement by the Partner. With respect to Retail Products purchased from selected Partners marked in accordance with Section 3.1: Wolt shall be responsible for the performance of the delivery service ordered by the User from Wolt under the Purchase Order, in accordance with these Terms of Service.
4. User Accounts
4.4 In order to use the Wolt Service, you must submit valid credit card or other payment method information to Wolt. Wolt does not store information of your payment instrument, as this is done by a third party payment service provider used by Wolt. You agree to pay for all purchases arising from your use of the Wolt Service except for purchases made through the Wolt for Work Feature at the Customer Organization’s cost. You must keep the credit card and other payment information that you have submitted to your user account updated.
5.1 The User, or in the case of a Wolt for Work Account, the Customer Organization, shall pay the purchase price specified in the Order using the appropriate payment function of the Wolt Service. Wolt shall collect all payments from Users or Customer Organization on behalf of Partner. If the Order is placed through the Wolt for Work function, the User shall confirm payment on behalf of the Customer Organization through the Wolt for Work function. The User's or Customer Organization's payment obligation arises when the Order is placed through the Wolt Service.
7. Delivery of an order
7.1 If the User orders delivery of an Order through the Wolt Service, the Order shall be delivered to the location confirmed by the User in the Wolt Service. The User must also provide the exact address of the location confirmed in the Wolt Service. The User is solely responsible for providing the correct address and delivery instructions for Orders on the Wolt Service. Delivery services are provided to the User or Customer Organization by the Partner. With respect to Retail Products purchased from selected Partners designated in accordance with Section 3.1: Wolt shall provide delivery services to the User or Customer Organization.
14.2 The Partner agrees to prepare the Order taking into account the options ordered by the User and within the timeframe indicated in the Wolt Service. In case of any deficiencies in the Order (delivery), the User may contact the Wolt customer service department, acting on behalf of the Partner, via the customer service chat in the application or firstname.lastname@example.org or directly with the Partner.
14.3 The Partner shall be solely responsible for any defects in the contents and faulty preparation of the Order or other failures in the execution of the Purchase Agreement.
14.4 The User who discovers deficiencies in the execution of the Purchase Agreement must immediately file a complaint with Wolt or Partner, with a clear description of the said deficiencies. In the case of Retail Products, notifications of defects should be given within a reasonable period of time from the discovery of the defect, but no later than 2 months from the discovery of the defect. Please note that in the case of defects in food products or other products that, due to their nature, spoil quickly or have a short shelf life, it is important for the User to report the defects as soon as possible, in order to allow proper evaluation and verification of the defect. In the case of defects in Retail Products, the User will receive a refund of payment in accordance with applicable laws and regulations.