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Terms and coditions

Thank you for visiting our website available at https://2022.thebestchefawards.com (hereinafter referred to as: “Thebestchefawards.com”, “the Internet Website”, “the Website”).

The form of these terms and conditions assumes that general terms and conditions of using the Website are established, especially the terms and conditions of using Electronic Services available on the Website.

If you decide to use Thebestchefawards.com, these terms regulate in particular the conditions of using the Website, including the matters related to our responsibility.

We kindly encourage you to read the terms and conditions and to use our services.
Thebestchefawards.com Team

1)      ABOUT US

The owner of this Website is the company THE BEST CHEF SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Krakow (office and correspondence address: Aleja Pokoju 26/1, 31-564 Kraków), registered in Register of Entrepreneurs of National Court Registry under the number: 0000739689; Register Court which holds the company’s documentation: District Court for Krakow – Śródmieście in Krakow, IX Commercial Department of National Court Registry; share capital in amount of 5000,00 PLN; Tax ID no. NIP: 6751653415; REGON: 380719739 and e-mail address: joanna@thebestchefawards.com and telephone contact number +48 604 054 370 – hereinafter referred to as: “the Service Provider” or “the Seller”).

2)      DEFINITIONS

  1. The following definitions as used in these Terms and Conditions shall mean:
    • e) TERMS AND CONDITIONS – these terms and conditions of the Website.
    • g) SALES CONTRACT – distance sales contract that is being or has been concluded between the Customer and the Seller via the Website.
    • h) ELECTRONIC SERVICE – the service rendered electronically by the Service Provider to the Service Recipient via the Website and in accordance with these Terms and Conditions.
    • i) SERVICE RECIPIENT, CUSTOMER – (1) a natural person with full legal capacity, and in cases specified in generally applicable law also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality that has statutory legal capacity; – who has used or intends to use the Website or has concluded or intends to conclude the Sales Contract.
    • j) SERVICE PROVIDER, SELLER – the company THE BEST CHEF SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Krakow (office and correspondence address: Aleja Pokoju 26/1, 31-564 Kraków), registered in Register of Entrepreneurs of National Court Registry under the number: 0000739689; Register Court which holds the company’s documentation: District Court for Krakow – Śródmieście in Krakow, IX Commercial Department of National Court Registry; share capital in amount of 5000,00 PLN; Tax ID no. NIP: 6751653415; REGON: 380719739 and e-mail address: joanna@thebestchefawards.com and telephone contact number +48 604 054 370.
    • k) CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Polish Journal of Laws of 2014, item 827, as amended).
    • l) Customer’s declaration of intent submitted via the Order Form and aimed directly at the conclusion of the Sales Contract with the Seller.
    • m) EVENT – an event with a gastronomic profile planned and organised by the Service Provider or another third party in relation to the Service Provider, whose identification data are provided in the Event description on the Website.

3)      GENERAL TERMS OF USING THEBESTCHEFAWARDS.COM

  1. As a part of the Website, the Service Provider renders information on their business activity and on the range of products and services offered. Tickets for events, about which information is published on the Website, are also sold via the Website. The Service Provider makes every effort to ensure that the content and information presented on the Website is accurate and up-to-date.
  1. The Service Recipient is obliged to use the Website in a manner consistent with its intended purpose and these Terms and Conditions, in accordance with the law and morality, with respect for personal rights, copyrights and intellectual property rights of the Service Provider, other Service Recipients and third parties. Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is forbidden to provide illegal content.
  2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop, tablet, smartphone or other multimedia device with Internet access; (2) access to e-mail; (3) current version of the Internet browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge; (4) recommended minimum screen resolution: 1024×768 pixels; (5) enabling Cookies and Javascript support in the web browser.
  3. The Service Provider adheres to Art. 14 par. 1 of the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended) according to which: a person who, by sharing the ICT system resources for storing data by the service receiver is not aware of the unlawful nature of data or related activities, and in the event of receiving official notification or obtaining reliable information about the unlawful nature of data or related activities immediately will prevent access to this data, is not liable for the stored data.
  4. The Service Provider informs that the use of the Website through the Internet is risky. The basic threat to every Internet user, including those using Electronic Services, is the ability to “infect” the ICT system with various types of software designed primarily to inflict damage, especially such computer viruses as “worms” or “Trojan horses”. To prevent risks associated with this, it is important for the Service Recipient to equip their hardware that is used to connect to the Internet with an antivirus programme and to constantly update it by installing its latest versions.
  5. The Controller of personal data processed on the Website in connection with the implementation of these Terms and Conditions is the Service Provider. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Website. The privacy policy contains primarily the rules for the processing of personal data by the Service Provider on the Website, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of Cookie files and analytical tools on the Website. Using the Website is voluntary. Similarly, providing personal data by the Service Recipient using the Website is voluntary, subject to the exceptions indicated in the privacy policy (conclusion and implementation of the contract and statutory duties of the Service Provider).

4)      ELECTRONIC SERVICES ON THE WEBSITE

  1. Any Service Recipient may use the Website in accordance with the conditions specified in these Terms and Conditions.
  2. Use of the Website by its Service Recipients is free of charge.
  3. Mostly the following Electronic Services are available on the Website: Order Form and Newsletter.
  4. Order Form – using of the Order Form begins with choosing a Ticket by the Customer by clicking the field “Buy Ticket” next to the Ticket. The order should be placed within 15 minutes of its commencement – this is the duration of the Ticket booking, after which the Customer wishing to continue placing the Order, is obliged to select the Ticket again and to repeat the entire Order submission process. Placing an Order takes place after the Customer has completed two subsequent steps – (1) completing the Order Form and (2) clicking the “Confirm Purchase” field after having completed the Order Form on the Website – up to that moment it is possible to modify independently all the data entered (for this purpose, one shall follow the displayed messages and information available on the Website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname, address (street, house / flat number, postal code, city), e-mail address, the telephone contact number and details regarding the Sales Contract that is being conducted: Ticket(s), amount of Ticket(s) and payment method.
  5. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.
  6. Newsletter – using the Newsletter takes place after providing the e-mail address in the “Newsletter” tab visible on the Website, to which further editions of the Newsletter are to be sent, and after clicking the “Subscribe” field. You can also subscribe to the Newsletter by checking the appropriate checkbox when placing an Order – once the Order is placed, the Service Recipient is subscribed to the Newsletter.
  7. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: joanna@thebestchefawards.com.
  8. On the Website Electronic Services may also be available in the form of other, interactive forms dedicated to specific activities. Detailed information on the purpose of a given form, including the scope of required data and the results of its sending (e.g. contacting the Service Provider), is provided to the Service Recipient on the Website, including before making a decision to fill in the form.
  9. The Service Recipient may use a given form by filling it in with the data marked as mandatory and by approving its content with an appropriately highlighted action field – until now, it is possible to modify the entered data (to do this, follow the messages and guidelines displayed on the Website). The use of each form available on the Website is free of charge, is of a one-time nature and is terminated when the message has been sent through it or when the Service Recipient stops using the form before that.
  10. All the content and data placed by the Service Receiver on the Website or sent via it should be reliable, contain correct information, and also reflect the real intention of the Service Receiver. It is not allowed to post content that violates the principles of netiquette and that contains information that is false or may mislead the Service Provider or third parties, as well as contains advertising content or directly or indirectly promotes other websites, services and products.

5)      CONDITIONS FOR CONCLUDING A SALES CONTRACT

  1. The Seller is obliged to inform the Customer about the main features of the Ticket and the Event to which it relates at the latest, when the Customer expresses their consent to be bound by the Sales Contract.
  2. The Ticket prices shown on the Website are given in Polish zlotys (PLN) and include taxes. The Customer is informed in a clear and understandable manner of the total value of the Ticket under the Sales Contract, as well as of other costs and of their value (including, if applicable – fees for using electronic payments or credit card payments, Ticket delivery costs, etc.), when placing the Order, including also when expressing their consent to be bound by the Sales Contract.
  3. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order on the Website. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Contract. Upon receipt of the above e-mail by the Customer, a Sales Contract is concluded between the Customer and the Seller.
  4. Consolidating, securing and making the content of the concluded Sales Contract available to the Customer takes place by (1) providing these Terms and Conditions on the Website and (2) sending the Customer the e-mail message referred to in point 5.3 of the Terms and Conditions. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller’s Website.

6)      TERMS OF PAYMENT AND TICKET DELIVERY

1.         The Seller provides the Customer with the following payment methods under the Sales Contract: electronic payments and credit card payments via PayPal.com – the current payment methods available are specified at  https://paypal.com/pl.

2.         1.   The support for electronic payments and credit card payments at PayPal.com is provided by PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor, 22–24 Boulevard Royal, L-2449, Luxembourg.

3.         The Customer is obliged to make the payment immediately and no later than within 24 hours from the moment of placing the Order.

4.         The delivery of the Ticket to the Customer is free of charge unless the Sales Contract provides otherwise.

5.         The Seller delivers the Ticket to the Customer via e-mail.

6.         The e-mail may contain (1) a Ticket in the form of a computer file sent to the Customer’s e-mail address provided when placing the Order or (2) a unique Internet link (URL address) enabling the Ticket to be downloaded and saved in the memory of the Customer’s end device. In the latter case, the Seller ensures the correct operation of the URL address until the beginning of the Event to which the Ticket relates.

7.         The Ticket delivered in digital form is to be read on an electronic device with the use of appropriate software supporting the given file format.

8.         The Ticket is delivered to the Customer immediately, but no later than within 48 hours from the moment the Seller’s bank or settlement account is credited with the Customer’s payment for the Order.

7)      CONTACT WITH THEBESTCHEFAWARDS.COM

The essential form of ongoing remote communication with the Service Provider is contact form available on the Website and e-mail (e-mail: joanna@thebestchefawards.com), through which you can exchange information with the Service Provider on the use the Website. Service Receivers can also contact the Service Provider in other legally acceptable ways, using the contact details provided at the beginning of the Terms and Conditions.

8)      COMPLAINTS REGARDING THE WEBSITE

1.         The basis and scope of the Service Provider’s liability towards the Service Receiver are defined by generally applicable laws, in particular in the Civil Code (including Article 471 and following of the Polish Civil Code).

2.         The Service Receiver may submit complaints regarding the functioning of the Website or of the Electronic Services in electronic form via e-mail to the following e-mail address: joanna@thebestchefawards.com.

3.         It is recommended that the Service Receiver provides in the description of the complaint: (1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) Service Receiver’s expectations; and (3) the contact details of the complainant – this will facilitate and speed up the consideration of the complaint. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.

4.         The Service Provider will consider the complaint immediately, no later than within 30 calendar days from the date of its submission.

9)      SALES CONTRACT COMPLAINTS

  1. The basis and scope of the Seller’s liability towards the Customer, if the sold Ticket has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code (in particular in Articles 556-576 of the Polish Civil Code).
  2. The Seller is obliged to provide the Customer with a Ticket without defects.
  3. A complaint can be made by the Customer, for example in electronic form via e-mail to the following e-mail address: tickets@thebestchefawards.com.
  4. It is recommended that the Customer provides in the description of the complaint: (1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) the request to bring the Ticket into compliance with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract; and (3) the contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.
  5. The Seller will consider the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who was a consumer demanded a replacement or a defect removal, or made a price reduction statement, specifying the amount by which the price is to be reduced and the Seller did not respond to the request within 14 calendar days, it is considered that the request was justified.
  6. The Seller’s liability under the warranty for a Customer who is not a Consumer is excluded.

10)  THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. This section of the Terms and Conditions applies only to Customers/Service Receivers who are consumers or to other entities to whom regulations concerning consumers apply and to payable contracts concluded by them with the Seller/Service Provider.
  2. The right of withdrawal from a distance contract does not apply, among others, in relation to: (1) the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities, entertainment, sports or cultural events if the contract provides for a specific date or period of performance; (2) service contracts after the service has been fully performed by the Service Provider if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that they will lose their right of withdrawal once the contract has been fully performed by the Service Provider; (3) the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the expiry of the withdrawal period and after having been informed by the Seller about losing their right of withdrawal.
  3. Subject to point 10.2 of the Terms and Conditions, a consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, subject to the costs referred to in point. 10.4 of the Terms and Conditions. To comply with the deadline, it is enough to send a statement before its expiry.
  4. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to pay:
    a. If the consumer has chosen the method of delivery of the product other than the cheapest standard delivery method available on the Website, the Seller is not obliged to refund the additional costs paid by the consumer.
    b. The consumer bears the direct costs of returning the product.
    c. In the case of a product being a service which performance – at the explicit request of the consumer – started before the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled until the withdrawal. The payment amount is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
  5. A declaration of withdrawal from the contract can be made e.g. in electronic form via e-mail to the following e-mail address: tickets@thebestchefawards.com. An exemplary template of withdrawal form is included in Enclosure No 2 to the Consumer Rights Act. The consumer can use the template form, but it is not obligatory.
  6. The deadline for withdrawal from the contract begins:
    a. for the contract whereby the Seller releases the product, being obliged to transfer its ownership – from taking the product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where: (1) many products are delivered separately, in batches or in parts – from taking possession of the last product, batch or part or (2) when it consists in regular delivery of products for a definite period – from taking possession of the first product.
    b. for other contracts – from the date of contract conclusion.

11) EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS

  1. This section of the Terms and Conditions applies only to Customers/Service Receivers who are consumers.
  2. Detailed information on the possibility for the consumer to use extrajudicial means of dealing with complaints and redress, as well as the rules of access to these procedures are available at the registered offices and on the websites of municipal consumer ombudsmen, social organisations, whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php and http://www.uokik.gov.pl/wazne_adresy.php.
  3. The consumer may obtain free assistance in resolving the dispute, also using the free assistance of the municipal consumer ombudsman or social organisation, whose statutory tasks include consumer protection (among others, the Federation of Consumers, Association of Polish Consumers).
  4. An online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a contractual obligation arising from an online sales contract or a service contract (more information on the platform website itself or at the Internet address of the Office of Competition and Consumer Protection): https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

12) COPYRIGHTS

1.         Copyrights and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and characters available within its framework, belong to the Service Provider or other authorised third parties and are protected by the Act on copyright and related rights of February 4, 1994 (Journal of Laws No. 24, item 83, as amended) and other provisions of generally applicable law. The protection granted to the Website covers all forms of its expression.

2.         Trademarks of the Service Provider and third parties should be used in accordance with legislation in force.

13) PROVISIONS CONCERNING ENTREPRENEURS

  1. This section of the Terms and Conditions applies only to Service Receivers who are not consumers or other entities to whom regulations concerning consumers apply.
  2. The Service Provider has the right to immediately remove the content placed by the Service Receiver on the Website, if it considers it to be inconsistent with the subject matter of the Website, untrue, unreliable, indecent, offensive or infringing the rights of third parties, and can do so without prior notice to the Service Receiver.
  3. The Service Provider can block the possibility of using the Website by the Service Receiver with immediate effect and without giving reasons, by providing such a Service Receiver with a relevant statement.
  4. Service Provider does not warrant that the Website is error-free or that Service Receiver will be able to operate the Service without problems or interruptions.
  5. The Service Provider shall be liable to the Service Recipient who is not a consumer for any damage or failure to comply with its obligations resulting from all types of errors and technical failures as well as technical breaks.
  6. The Service Provider shall be liable to the Service Recipient for any damage or failure to comply with its obligations resulting from force majeure (e.g. natural disasters, earthquakes, fires, floods, epidemics, strife, wars, riots) or any other reasons beyond the control of the Service Provider.
  7. The Service Provider shall be liable to the Service Recipient, regardless of its legal basis, only up to the amount of the paid fee for using the Website, and in the case of its absence up to PLN 500.00 (five hundred). The Service Provider shall be liable to the Service Recipient who is not a consumer only for typical and actually incurred damages foreseeable at the time of conclusion of the contract, excluding lost profits.
  8. All disputes arising between the Service Provider and the Service Recipient who is not a consumer shall be subject to the court having jurisdiction over the Service Provider’s seat.

14) FINAL PROVISIONS

1.        Contracts concluded on the basis of these Terms and Conditions are concluded in English.

2.         The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, this is: changes in the law; addition or changes in the Electronic Services currently provided, changes in methods and terms of payment – to the extent to which these changes affect the implementation of the provisions of these Terms and Conditions. Amendments to the Terms and Conditions shall not in any way infringe the rights acquired by the Service Receivers before the amendments to the Terms and Conditions come into force.  In case of concluding continuous contracts on the basis of these Terms and Conditions (e.g. providing Electronic Service – Newsletter), the amended Terms and Conditions bind the Service Receiver if the requirements specified in Articles 384 and 384 [1] of the Polish Civil Code, that is, if the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification, were met.

3.         In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Consumer Rights Act; the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended) and other relevant provisions of generally applicable law.

4.         These Terms and Conditions shall not exclude the laws of the country, in which the consumer who concludes the contract with the Service Provider/Seller has their habitual place of residence, if they cannot be excluded by contract. In this case, the Service Provider/Seller guarantees the consumer the protection granted to him on the basis of provisions which cannot be excluded by contract.

Thank you for reading the Terms carefully!

If you have any questions, do not hesitate to get in touch with us using the contact details provided at the beginning.

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Thebestchefawards.com Team