By using the Restorolla Service, you agree to be bound by these User Terms of Service (“Terms of Service”).
Please read the following Terms of Service carefully before using the Restorolla Service. If you do not agree with the Terms of Service, you cannot use the Restorolla Service. These Terms of Service apply to any use of the Restorolla Service and to the Purchase Agreements made hereunder. A more detailed description of the Restorolla Service and information on system requirements is available at restorolla.com.
The Terms of Service are concluded between us and the User only, and not with Apple Inc., and Apple Inc. is not responsible for the Restorolla App or the content thereof. You agree that Apple Inc., and Apple Inc.’s subsidiaries (“Apple”), are third party beneficiaries of the Terms of Service, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.
“Partner” means a restaurant, retail shop or other service partner who has signed a partner agreement with Restorolla, or their substitute, and who, as a trader, offers its products and possible delivery or other services for sale through the Restorolla Service.
“Restorolla App” means a digital application called Restorolla provided by Restorolla for natural and legal persons to order products from Restorolla’s Partners.
“Restorolla Service” means both Restorolla App and Restorolla website restorolla.com and other additional locations as mentioned at restorolla.com.
“User” or “you” means a natural person using the Restorolla Service. The User must be of the age of 18 or older.
2. Identity of Restorolla:
EATSERV SOFT LIMITED, Office address: Chrysostomou Agroti, 4, 4103, Limassol, Cyprus
Trade name: “Restorolla”,
Email address: [email protected]
*Please note that while Restorolla Service is legally provided to you by your local Restorolla entity, the payment service is arranged by Restorolla through a third party payment service provider. This also means that Restorolla is responsible for possible refunds, complaints and other claims related to your transactions in the Restorolla Service. You may thus contact Restorolla directly at the contact details provided above in case of any dispute or claim related to the Restorolla Service.
Information about the identity and products and services of the Partners are provided in the Restorolla Service.
3. Description of the Restorolla Service
3.1. Restorolla provides a platform on which the User can purchase food and other products or services from the Partner of their choice as well as possible delivery services either from the Partner or Restorolla, as applicable. In certain countries Partners charge Users a delivery fee and service fee for the delivery services as defined in more detail in the Restorolla Service where relevant.
3.2. The Partner provides the information about their products and possible services in the Restorolla Service, including but not limited to information on product characteristics, allergens and instructions of use. If you have allergies or other dietary restrictions or for other reason wish to receive more detailed information about the products, please contact the relevant Partner. You can also contact Restorolla’s customer support who can contact the Partner on your behalf for such enquiries. The Partner is however responsible for providing accurate, up-to-date and legally required information about the products, including providing information on applicable prices and indicating the price per unit where required under applicable laws. Please note that the sale and purchase of the Partner’s products and possible services may be subject to additional terms and conditions of the Partner or Restorolla on a case-by-case basis as set out in the Restorolla Service.
3.3. When selecting the Partner’s products and services that the User wishes to purchase from the Partner, the User makes a binding order to purchase the products and services from the Partner on the terms and conditions presented to the User herein and in the Restorolla Service before placing the order (“the Order”). After having received the Order, Restorolla will transmit the details of the Order to the Partner. When the Order is accepted by the Partner and Restorolla has provided the User with an order confirmation on behalf of the Partner, the User or the Customer Organization and the Partner enter into the Purchase Agreement for the purchase of the Partner’s products and, if applicable, delivery or other services. In some cases, the Purchase Agreement for the purchase of the delivery service is entered into with Restorolla instead of the Partner, as reflected on the receipt. Restorolla will provide the User with a receipt on behalf of the Partner, unless regulation in the country where the User is located requires that the Partner provides the receipt directly to the User, for the products and, to the extent applicable, for the delivery services.
3.4. The Partner selected by the User will prepare and/or collect and pack the products set out on the Order. Restorolla is not responsible or liable towards the User for the proper execution of the Purchase Agreement by the Partner. Restorolla is liable for the execution of the delivery services ordered by User from the Partner or Restorolla on the Order as set out in these Terms of Service, except if the delivery services are provided by the Partner in which case the Partner is responsible and liable for the execution of the delivery services.
3.5. When you use the Restorolla Service, there may be a minimum value for purchase required, in which case you will be notified thereof before you make the Order on the Restorolla Service. Where an Order fails to meet the minimum required value, you will have the possibility to pay the difference to meet the minimum value or to add more products to your Order. The Partner determines in its sole discretion the selection and pricing of their products available on the Restorolla Service. The Partner may also impose certain restrictions on your Order, such as quantity limits and size limitations of the Order. The Partner is responsible for informing you of any limitation relating to the availability of any products. User accepts that in case a certain product is temporarily unavailable, the Partner will fulfill the remaining part of your Order without including the unavailable product in the Order. You will not be charged for products that are unavailable at the time of placing the Order.
4. Right of revocation
4.1. You cannot withdraw from or cancel an Order for products or services once you have placed it, unless explicitly provided otherwise in these Terms of Service. Prior to placing an Order for a product or service you should carefully review your selection.
4.2. If you are a consumer, you are entitled
to a right of revocation in accordance with the statutory provisions of the country where you are located. Consumer in the sense of these Terms of Service means any natural person who uses the Restorolla Service and places Orders for a purpose which predominantly cannot be attributed to their commercial or their self-employed professional activity.
4.3. Restorolla follows the limitations of consumers’ statutory cancellation rights as set out in applicable laws, according to which the right of revocation shall not exist for Purchase Agreements concerning certain items, including, but not limited to, the following:
- products such as foodstuffs which are perishable or which may quickly pass their expiration date,
- products made to your specifications or clearly personalized,
- sealed products which are not suitable for return due to health protection or hygiene reasons, if such products were unsealed after the delivery,
- products which, according to their nature, are inseparably mixed, after delivery, with other items,
- sealed games, movies or computer software which were unsealed after delivery.
4.4. You have the right to revoke the Purchase Agreement of products, for which the right of revocation exists, within 14 days from the day of delivery of the products on the Order without giving a reason for the cancellation. In order to exercise your right of revocation, you must inform Restorolla of your decision to cancel by means of a clear statement (e.g., an email or a message sent through Restorolla’s in-app customer service chat) within the said time period of 14 days. The Partner as the trader of the products on your Order has authorized Restorolla to receive the revocation notification on the Partner’s behalf. In case the Partner has chosen to offer a longer cancellation period than 14 days, such a period will apply to Orders made through the Restorolla Service if explicitly mentioned in the descriptive details for the Partner on the Restorolla Service. If you wish, you can use the below model revocation form for making the revocation notification by filling in the information in the form and sending the information to Restorolla, which information shall also be forwarded by Restorolla to the respective Partner:
Model revocation form
– To: [insert the name of the Partner, the Partner’s address and the Partner’s email address]:
– Herewith I/we (*) revoke the agreement concluded with me/us (*) regarding the purchase of the following goods (*)/ the provision of the following services (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature(s) of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable.
4.5. If you revoke the Purchase Agreement, Restorolla will refund to you all payments we have received from you, including the delivery fee (and service fee where applicable) no later than 14 days from the date on which we received notice of your revocation of the Purchase Agreement or a part thereof. Note that the delivery fee (and service fee where applicable) will not be returned in case of only a partial revocation of your Order.
4.6. For making the refund, we will use the same means of payment as you used for the original purchase of your Order, unless expressly agreed otherwise with you. Restorolla may refuse a refund until the Partner has received the products back or until you have provided proof that you have returned the products, whichever is earlier.
4.7. You must return or send the products to the same Partner in the same location from which you made the Order. The contact details of the Partner’s point of sale are available on the Restorolla Service. You have to return the products to the Partner as soon as possible and in any case no later than 14 days after the day on which you notified us of the revocation of the Purchase Agreement. This period is deemed to have been observed if you dispatch the products before the expiry of the period of 14 days.
4.8. You shall bear the direct costs of returning the products. The returned products have to be in an unused condition and capable of being resold. You shall be liable for any loss in value of the products if such loss in value is due to handling of the products that is not necessary for testing their condition, properties and functionality.
4.9. Sometimes it may be possible that some of the Partner’s products that you wish to purchase through the Restorolla Service are temporarily out of stock. For such cases and to the extent the Partner has enabled substitutions, you may choose, prior to confirming your Order, whether you want to allow the Partner to substitute a missing item with a similar item. If you have allowed substitutions for a certain or all items in your Order, the Partner will substitute such missing items in accordance with the following principles: (i) the substitute will be chosen based on what the Partner considers to be the most appropriate substitute so that it corresponds as much as possible to the quantity, quality and price of the original item in the Order; You will not be charged for any additional fees or costs for a substituted item compared to the price of the original item in your Order. Should the price of the substitute be lower than the price of the original item in your Order, you will be charged the price of the substitute item.
5. User Accounts
5.1. You have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Restorolla Service in the form offered to you by us from time to time solely for the purposes set out herein.
5.2. In order to use the Restorolla Service, the User must create a user account by following the registration instructions in the Restorolla Service. The Restorolla Service credentials are personal (unless otherwise agreed between Restorolla and the Customer Organization). The User shall ensure that any user account credentials and equivalent information required to access the user account of the User or the Customer Organization are kept confidential and used in a secure manner not accessible by third parties. A User may have only one personal user account.
5.3. Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform Restorolla thereof. The User shall be responsible for any use of the Restorolla Service and any activity under the user account of the User.
5.4. In order to use the Restorolla Service, you may be asked to submit valid credit card or other payment method information to Restorolla. Restorolla does not store information of your payment instrument, as this is done by a third party payment service provider used by Restorolla. You agree to pay for all purchases arising from your use of the Restorolla Service You must keep the credit card and other payment information that you have submitted to your user account updated.
6.1. The User will pay the purchase price set out in the Order by using the relevant payment functionality of the Restorolla Service. Restorolla, or the Restorolla group company authorized by Restorolla, collects all payments from the Users or the Customer Organizations on behalf of the Partner. The User’s or Customer Organization’s payment obligation shall arise upon placing an Order through the Restorolla Service.
6.2. The User may fulfil this payment obligation only by using the relevant online payment method provided in the Restorolla Service.
6.3. The payment will be automatically charged from the User’s credit card, upon delivery of the Order. Restorolla is entitled to make an authorisation hold on behalf of the Partner on the User’s credit card once the Order has been placed through the Restorolla Service. Restorolla uses a third party payment service provider for processing of payments.
6.4. Cash is an additional payment method available in countries of EU. Refunds in cash orders will be made in Restorolla credits or via another appropriate or legally required method. If a User who has made a cash order is not in the agreed place of delivery at the agreed time or 5 minutes thereafter, Restorolla’s customer support will contact the User and agree on an appropriate arrangement for the payment. If the customer support cannot reach the User within 24 hours of the no-show, Restorolla will take appropriate measures which may include disabling the cash option from the User or even disabling the User’s account in the Restorolla Service for further Orders.
6.5. When you add products sold by weight in your Order, Restorolla will not know their exact weight until the products are weighed by the Partner. For such weight-based products, any price per product shown on Restorolla Service is only an estimate given by the Partner. The final price of the weight-based product in your Order will be determined and charged based on the actual weight of the product you receive. To cover for possible price adjustments caused by weight variation, Restorolla will make a temporary authorization hold on your card. In case the product in your Order weighs less than as indicated in your Order confirmation, Restorolla will refund you the price difference. In case the product in your Order weighs more than as indicated in your Order confirmation, Restorolla will charge you the price difference from the temporary authorization hold or charge made for weight-based products. Any part of the temporary authorization hold or charge that is not needed for covering for a price adjustment will be returned or refunded to your card.
7. Delivery of an Order
7.1. If the User orders the delivery of the Order through the Restorolla Service, the Order will be delivered to the location confirmed by the User in the Restorolla Service. The User also has to provide a street address for the confirmed location in the Restorolla Service. If no-contact delivery is applied to your Order, please note that the goods shall be deemed to be delivered when they are left at the door and the courier partner marks the Order status as “delivered” on the Restorolla Service after which you bear the risk of the items in the Order.
7.2. The User must be available to receive calls at the phone number the User has submitted to the Restorolla Service. If the phone number provided by the User cannot be reached, the delivery may be cancelled by Restorolla or the Partner and the User or Customer Organization may be charged for the full price of the Order.
7.3. The User may place an Order to be delivered as soon as possible (standard delivery method) or by pre-ordering a certain delivery time, to the extent these options are available on the Restorolla Service at the time of placing the Order.
7.4. Standard delivery option: The User must be present at the confirmed location set out in the Order between the time of making the Order until the products set out in the Order have been received. If the User is not available at the location they have confirmed within five minutes of the arrival of the delivery of the ordered products and the User does not respond after two contact attempts by the courier partner making the delivery, the delivery may be cancelled by Restorolla or the Partner and the User or Customer Organization may be charged for the full price of the Order.
7.5. “Pre-order” delivery option: the User must be present at the confirmed location between ten minutes prior to the pre-ordered delivery time until the moment of delivery in the Order to receive the Order.
8. Picking up and collecting an Order at the Partner’s point of sale
8.1. If the User has not ordered delivery of the Partner’s products set out in the Order, but the collection at the Partner’s point of sale, the products can be collected at the point of sale of the Partner the User has chosen in connection with the Order. The User will receive a separate electronic confirmation when the products are ready for collection. The Partner or Restorolla may set conditions for the identification of the User when picking up the products set out in the Order.
8.2. The Partner shall retain the ordered products for 60 minutes after the Partner has notified the User that the Order is ready for collection. However, this obligation is limited to the opening hours of the particular Partner’s point of sale and the Order has to be collected before the closing time of said point of sale of the Partner.
9. Eat-in Order
9.1. If the User has selected the option to consume the products set out in the Order at the point of sale of the Partner, the User may receive a separate electronic confirmation about the expected time of when the products will be ready to be consumed at the Partner’s point of sale.
10. Time estimates
10.1. Any delivery time or pick-up time or other time estimate communicated to the User by the Partner or Restorolla in the Restorolla Service are only estimated times. There is no guarantee that the Order will be delivered or available for pick-up or consumption at the estimated time. Delivery times of the products may also be affected by factors such as traffic jams, rush hours and weather conditions.
11. Intellectual Property Rights
11.1. All Intellectual Property Rights in or related to the Restorolla Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Restorolla and/or its affiliates/subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
11.2. These Terms of Service do not grant the User any Intellectual Property Rights in the Restorolla Service and all rights not expressly granted hereunder are reserved by Restorolla and its subcontractors/licensors.
11.4. User grants to Restorolla a worldwide, royalty-free, sublicensable, and transferable right to use, modify, reproduce, distribute, display and publish any content provided by User in connection with the Restorolla Service. Such content may include photographs, data, information, feedback, suggestions, text, and other materials that are uploaded, posted or otherwise transmitted relating to the Restorolla Service.
12. Additional Provisions for use of the Restorolla Service
12.1. The Restorolla Service is only available to persons of the age of 18 years or older. You may not register as a User if you do not fulfill this requirement.
12.2. The User shall observe all applicable rules and regulations when using the Restorolla Service, including the purchase of alcohol and tobacco products. To the extent delivery of alcoholic beverages or tobacco products is available in the country where the User is located, the User may be refused delivery of alcoholic beverages or tobacco products in case the User is unable to provide a valid photo ID to Restorolla’s courier partner delivering the Order proving that the User is at least 18 years of age. The User may be refused delivery of alcoholic beverages also in other cases stipulated by laws in the country where the User is located (e.g. if the User is showing signs of intoxication).
12.3. Restorolla is constantly developing the Restorolla Service and Restorolla may change or remove different parts of the Restorolla Service, including features, the products and Partners available in the Restorolla Service in part or in whole.
12.4. By using the Restorolla Service, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Restorolla generally does not review content provided by the Partners. Restorolla is not responsible for third parties’ (including the Partners’) content or information or for any damages arising as a result of the use of or reliance on it.
12.5. You or the Customer Organization shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the Restorolla Service and all charges related thereto.
12.6. The User will not: (i) use or attempt to use another person’s personal Restorolla account and/or access another person’s personal payment data through the Restorolla Service or use another person’s personal payment cards when using the Restorolla Service, without consent of that other person; (ii) copy, modify or create derivative works of the Restorolla Service or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Restorolla Service or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Restorolla Service; (v) remove, cover or obscure any advertisement included on the Restorolla Service; (vi) collect, use, copy, or transfer any information obtained from the Restorolla Service without the consent of Restorolla; (vii) use bots or other automated methods to use the Restorolla Service; (viii) create a Restorolla account using a fake identity or an identity of another person; or (ix) access the Restorolla Service except through the interfaces expressly provided by Restorolla, such as the Restorolla App and Restorolla Website.
12.7. Restorolla is, at its sole discretion, entitled to remove or suspend a User from the Restorolla Service with immediate effect and/or refuse or cancel any Orders from a User if: (i) the User abuses the Restorolla Service or causes any harm or detriment to the use of the Restorolla Service or the Partners or Restorolla or Restorolla’s employees, (ii) Restorolla has reasonable belief of fraudulent acts by the User when using the Restorolla Service, (iii) the User places a false Order (for example by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations arising from these Terms of Service; (iv) there is reasonable doubt about the correctness or authenticity of the Order; or (v) the User engages in threatening, harassing, racist, sexist or any other behaviour that Restorolla deems inappropriate towards Partners or Restorolla’s employees or courier partners. If Restorolla cancels an Order that has already been paid for, Restorolla shall transfer that amount into the same user account or Restorolla at Work Account as the one from which the payment was made by the User.
12.8. The controller of the personal data collected about Users is Restorolla Enterprises Oy, unless otherwise indicated. Restorolla Enterprises Oy shall process any personal data collected from the User in accordance with Restorolla Privacy Statement.
12.9. The User must comply with applicable third party terms of agreement when using the Restorolla App or the Restorolla Service.
13. Term and termination
13.1. These Terms of Service are in force as a binding agreement between Restorolla and the User until further notice as long as the User is using the Restorolla Service.
13.2. The User can discontinue the use of the Restorolla Service at any time. Restorolla can discontinue providing the Restorolla Service permanently or temporarily at any time.
14. Defects and complaints
14.1. Please note that the Restorolla Service may at any time be interrupted or permanently discontinued. The Restorolla Service may also be temporarily suspended. Do not use the Restorolla Service for backing up any data. While we do our best in providing you our platform and services (including new and/or temporary services such as no-contact deliveries, deliveries with novel technology or deliveries of new product categories) error-free, Restorolla does not promise or guarantee you anything regarding the reliability, functionality, timeliness, quality or suitability of the Restorolla Service, its features or any service offered by Restorolla. Restorolla does not promise or guarantee anything that is not expressly mentioned in these Terms of Service.
14.2. The Partner is solely liable for the contents, quality, safety and packaging of their products sold through the Restorolla Service and has a statutory defect liability for their products as set out in the applicable laws. You are responsible for inspecting the products in your Order without undue delay after receiving the Order. If there are any defects or other quality shortcomings in the products of your Order, then you should contact either the customer service of Restorolla, acting on behalf of the Partner, or the Partner directly and include a clear description of the defects or shortcomings. Regarding consumer goods, notices of defects should be made within a reasonable time from detecting the defect, however no later than within two months after being detected. Please note that in case of defects in foodstuffs or other products that by their nature spoil or age rapidly, it is crucial that you notify the defect as soon as possible to enable proper investigation and verification of the defect. Please note that Restorolla or the Partner may ask you to send a picture of the product in question in order to document and verify the defects. In case of a defect or a non-conformity in the products of your Order, you are entitled to reimbursement in accordance with applicable laws.
14.3. The Partner is solely liable for any defects in the contents and preparation or packaging of the Order or other shortcomings in the performance of the Purchase Agreement. Restorolla is not responsible for the information provided by the Partner on the Restorolla Service and does not give any warranty on the availability, quality or suitability of the products.
15. Applicable Law and Dispute Resolution
16.1. These Terms of Service shall be governed by and construed in accordance with the laws of the country where the User is located.
15.2. If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile.
15.3. Disputes arising from these Terms of Service shall be resolved by the competent courts of the country where the User is located. A consumer may, however, always institute proceedings in the competent court of its domicile. If you are a User domiciled in the EU, you and Restorolla may also use the ODR platform managed by the European Commission to settle disputes. This platform can be found on ec.europa.eu/odr. You may also refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile (such as, by way of example, the Finnish Consumer Disputes Board, kkv.fi/kuluttajaneuvonta, in Finland, the Czech Trade Inspection Authority, coi.cz, in the Czech Republic or the Polish Permanent Amicable Consumer Court at the competent Provincial Inspectorate of Trade Inspection, uokik.gov.pl, in Poland).
16.1. These User Terms of Service are subject to amendments. In case of any discrepancies between these User Terms of Service and any local language version of these User Terms of Service, these terms shall prevail.
16.2. Restorolla shall publish the amended User Terms of Service at the Restorolla Website. Restorolla shall inform the User of any changes that are material by nature on the Restorolla Service or by email to the email address submitted to the Restorolla Service by the User. If the User does not agree to any amended Restorolla Terms of Service, they shall discontinue the use of the Restorolla Service.
17.1. Restorolla shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Restorolla Service without the User’s prior consent.
17.2. The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.