1. INTRODUCTORY PROVISIONS AND DEFINITIONS
1.1. These Terms and Conditions (hereinafter referred to as the “Terms”) are issued by Mister Sushi, with its registered office at Svätoplukova 5, Bratislava
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 Mister Sushi Application, as well as other rights and obligations of the Users when using the services provided in connection with the Mister Sushi Application, in particular:
a) the mutual rights and obligations between the Operator and the User arising from access to and use of the Mister Sushi Application and resulting from the use of the services of the Mister Sushi Application and the user account;
b) the mutual rights and obligations relating to purchase contracts concluded for Products, or other contracts (e.g., regarding delivery services), the conclusion of which is mediated by the Operator through the Mister Sushi Application, whereby these Terms form an integral part of the purchase (or other) contract concluded between the Partner and the User.
1.3. Unless the context indicates otherwise, the following words and expressions used in these Terms have the following meanings:
1.3.1. “Mister Sushi Application” means the technical solution, i.e., a computer program or application called Choice, whose main purpose and function is to enable Users to view, order, and purchase the Products of the Operator’s Partners and to facilitate the conclusion of a purchase contract for the relevant Products with the given Partner, or to mediate delivery services, as well as to make reservations at the Partners’ premises, manage marketing for Partners, and mediate communication between Partners and Users.
1.3.2. “Copyright Act” means Act No. 121/2000 Coll., on copyright, rights related to copyright, and amendments to certain laws, as amended.
1.3.3. “Partner” means an operator of a restaurant or other business providing catering services, or another partner (an entrepreneurial natural or legal person), whose Products are offered and sold via the Mister Sushi Application.
The Partner is: VEGA GROUP s. r. o., ID: 48291757, VAT ID: SK2120129088, Country: SK, City: Bojnice, Post code: 97201, Address: Svätoplukova 5.
1.3.4. “Terms” means these Terms and Conditions of use of the Mister Sushi Application.
1.3.5. “Products” means the products and services of the Partner offered and sold by the Partner through the Mister Sushi Application to Users for the purpose of direct and immediate consumption.
1.3.6. “Operator” means the company defined in Art. 1.1 of these Terms.
1.3.7. “Civil Code” means Act No. 89/2012 Coll., the Civil Code, as amended.
1.3.8. “User” means a natural or legal person concluding a purchase contract for a Product with a Partner through the Mister Sushi Application.
1.3.9. “Consumer Protection Act” means Act No. 634/1992 Coll., on consumer protection, as amended.
1.4. The User declares and expressly confirms that before starting to use the services of the Mister Sushi Application, they have carefully read these Terms, fully understood them, agree with them, and undertake to comply with them. The User further declares and warrants that they have the legal capacity to enter into legal acts (in particular with regard to their age) or are represented by their legal guardian.
2. BASIC PRINCIPLES OF THE FUNCTIONING OF THE Mister Sushi Application
2.1. The Operator mediates the Partners’ offers for the sale of Products to Users through the Mister Sushi Application, thus enabling the connection between Partners and Users. Through the Mister Sushi Application, the Operator also provides both Partners and Users with a platform for concluding purchase contracts for Products (or contracts for delivery services), including a space that enables communication and the resolution of any complaints. The Operator further, for example, allows Users, via the Mister Sushi Application, to make reservations with Partners and to make payments for Products using QR codes. In connection with the intermediary services provided by the Operator for the purpose of concluding a purchase contract, the Operator charges the User a fee (service fee).
2.2. To access and use the Mister Sushi Application, the User needs an internet connection and a computer, mobile device, or other device with a web browser. The functions and features available through the Mister Sushi Application may vary depending on the device. Compatibility may change from time to time.
2.3. The Operator is neither the buyer nor the seller of the Products, but merely the provider of a solution that facilitates the conclusion of purchase contracts for Products; similarly, the Operator only mediates the conclusion of contracts for delivery or other services. The purchase contract for the Products is concluded exclusively between the User as the buyer and the Partner as the seller, and the Operator is not a party to such a purchase contract. Likewise, the Operator is not a party to the contract for the provision of delivery or other services. In this context, the Operator is not responsible for the quality or origin of the Products and is also not responsible for the payment for or delivery of the Products.
2.4. Responsibility for offering and selling the Products and for handling Users’ complaints as buyers, or for resolving other issues arising from purchase contracts concluded between the User as the buyer and the Partner as the seller, or in connection with them, lies with the specific Partner as the seller with whom the User as the buyer has concluded the contract. The Partner is responsible for meeting all requirements as a seller of Products. The Partner may introduce additional terms and conditions supplementing these Terms, which will govern the sale of Products to the User. Each Partner is an entrepreneur according to the declaration submitted to the Operator.
2.5. Since the Operator provides a platform for arranging and carrying out transactions between the User and the Partner, it undertakes to provide the User and the Partner with the necessary cooperation if its actions or conduct may help resolve matters between the User and the Partner in connection with the purchase of Products through the Mister Sushi Application.
2.6. The Operator does not verify or guarantee the credibility or reliability of Users or Partners. The Operator is not responsible for the timeliness, accuracy, or factual correctness of the information published in the Mister Sushi Application by Users and Partners, provided that the Operator has no actual knowledge of unlawful activity or unlawful information, and, regarding claims for damages, is not aware of facts or circumstances from which the unlawful activity or unlawful content is apparent, or, upon gaining such knowledge or awareness, acts promptly to remove or disable access to the unlawful information.
2.7. The User may access the Mister Sushi Application in various ways, including by scanning a QR code in the Partner’s premises or by clicking the relevant button on the Partner’s website. If the User accesses the Mister Sushi Application via a QR code of a specific Partner or via the relevant button on that Partner’s website, the User will be shown the offer of Products of that specific Partner.
2.8. The Operator is entitled to engage subcontractors in fulfilling these Terms.
3. REGISTRATION AND USER ACCOUNT
3.1. Based on the User’s registration in the Mister Sushi Application, the User may access their user account and from there place orders for Products. The User may also order Products without registration.
3.2. If the User creates a user account, they are obliged to provide all required information correctly and truthfully. The User undertakes to keep the information provided in their user account up-to-date and accurate and, in the event of any changes to such information, to update the changed information without undue delay.
3.3. Access to the user account is secured by a username and password. The User is obliged to maintain confidentiality regarding the information necessary to access their user account and must prevent third parties from accessing their user account. To the extent permitted under applicable law, the User agrees to take responsibility for all activities that occur under their account or password. The User should take all necessary steps to ensure that their password remains secret and secure, and if they have reason to believe that any other person knows their password or that their password is being (or is likely to be) used without authorization, they should promptly inform the Operator and ensure the timely deactivation or replacement of the potentially or actually compromised login credentials. Neither the Operator nor the Partner is liable for any misuse of the user account by third parties.
3.4. The User has access to their data in the Mister Sushi Application in the relevant section, where they can edit it. The privacy policy is available in the Mister Sushi Application in the section concerning personal data protection.
3.5. The User is prohibited from using any Mister Sushi Application service in any way that would or could result in interruption, damage, or degradation of the quality of any Mister Sushi Application service or access to it.
3.6. The User acknowledges that the Mister Sushi Application or the user account may not be available at all or continuously in the event of necessary maintenance of the Operator’s hardware and software, or the necessary maintenance of third-party hardware and software. Maintenance must not last longer than 24 hours and must not be carried out more than once a week.
3.7. If the User materially breaches these Terms, materially breaches applicable legal regulations, or fails to pay any amount due, access to the Mister Sushi Application services may be suspended or permanently terminated with 14 days’ notice. A material breach means such a breach that the breaching party knew or should have known would have prevented the other party from entering into the agreement had such breach been anticipated.
3.8. These Terms are concluded for an indefinite period. The User may terminate the Terms, insofar as they relate to the provision of the Mister Sushi Application, at any time without reason and with immediate effect by deleting their user account. Each party also has the right to terminate these Terms with a notice period of 30 days.
4. PRESENTATION OF PRODUCTS
4.1. The offer and presentation of Products displayed in the Mister Sushi Application include the name of the Product and its price, as well as details and information about the specific Partner, the packaging price, and the delivery price of the Product. The presentation of Products may also include a more detailed description of the Product, its features, sizes, availability, and, where applicable, photographic images of the Product.
4.2. The User acknowledges that all presentations of Products displayed in the Mister Sushi Application catalogue constitute an invitation to submit offers from Users, and the Partner, as the seller, is not obliged to conclude a purchase contract for these Products with the User.
4.3. The Mister Sushi Application is not an online store, and the Partner is solely responsible for the accuracy of the information provided by the Partner, including prices, descriptions, availability, sizes, or the accuracy of the Product’s depiction. All information about a Product is provided solely by the Partner as the seller of the specific Product.
4.4. The User further acknowledges that the Products offered by the Partner through the Mister Sushi Application may contain allergens. For more detailed information regarding allergens contained in specific Products, Users may contact the relevant Partner at their business premises, registered office, or place of business, or via the contact details provided for the Partner on their user profile, website, or in the Mister Sushi Application. The Partner will provide information on the exact composition of each Product.
5. CONCLUSION OF THE PURCHASE CONTRACT
5.1. The User may order Products from the Partner in the following ways:
a) if registered in the Mister Sushi Application: via their user account;
b) without registration in the Mister Sushi Application: by completing the order form.
5.2. When placing an order, the User selects the Product and the quantity of that Product. At any time before the User submits the order by clicking the “Submit” button, they may check and change the information already entered and return to previous steps in the order process. The User may also, at any stage of ordering the Product, interrupt the above-described steps, leave the Mister Sushi Application in which the Product order is being made, and thereby cancel the Product ordering process.
5.3. The User’s order becomes binding only at the moment it is submitted by clicking the “Order and Pay” button.
5.4. The validity of the order is subject to:
a) completion of all mandatory fields in the order form, and
b) confirmation by the User that they have read these Terms and the Privacy Policy.
5.5. By submitting the order, the User confirms that the Partner has provided them, within the Product presentation or on their website, and in these Terms, with all mandatory information and disclosures pursuant to Sections 1811 and 1820 of the Civil Code.
5.6. Once the Partner receives the order from the User, they will send the User an order confirmation to the email address entered by the User in the order form. The purchase contract between the User and the Partner is concluded upon acceptance of the order by the Partner, regardless of the fact that, in the case of advance payment, the purchase contract is conditional on payment pursuant to Clause 6.3.2 of these Terms.
5.7. The User’s order, once confirmed as a concluded purchase contract between the User as the buyer and the Partner as the seller, is archived for the purpose of fulfilling the order and for further record-keeping. It is also accessible to the User after logging into their user account.
5.8. Once the order has been accepted by the Partner, the User may cancel such an order without giving any reason only by agreement with the Partner.
5.9. In the case of the provision of a service under Section 1829 of the Civil Code, the consumer has the right to withdraw from a contract concluded remotely or from a contract concluded outside business premises within fourteen days from its conclusion. The consumer may withdraw from the contract by an unequivocal statement to the Operator, for example by sending an email to: info@mrsushi.sk
5.10. Sample withdrawal form:
Address: Mister Sushi ul.Mýtna 42, Bratislava
To: info@mrsushi.sk
I hereby withdraw from the provision of the Mister Sushi Application service.
date of conclusion [date of conclusion]
[name and surname of the consumer]
[address of the consumer]
[date and, if applicable, signature]
5.11. Among other things, the consumer may not withdraw from a contract for the provision of services if the services have been fully provided and the consumer has expressly agreed to their provision.
5.12. Since the subject of purchase is perishable goods within the meaning of Section 1837(e) of the Civil Code, the User is not entitled to withdraw from the purchase contract under Section 1829 of the Civil Code (even though it is a contract concluded remotely). However, the User is entitled to withdraw from the purchase contract concluded with the Partner for Products in accordance with the Civil Code if the Partner has breached their obligations under the purchase contract.
5.13. The User expressly agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the User when using remote means of communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) do not differ from the basic rate and are borne by the User.
6. PURCHASE PRICE AND PAYMENT METHODS
6.1. In the Mister Sushi Application, the purchase prices of Products are listed inclusive of VAT. The costs of delivery and packaging of Products may vary depending on the chosen method of delivery and payment of the purchase price.
6.2. The purchase price (total price) also includes the Operator’s service fee for mediating the contract between the Partner and the User. The User is informed in detail of the total price before the conclusion of the contract.
6.3. Depending on the User’s choice and on whether the given method is currently available to the User in the Mister Sushi Application, payment of the purchase price for the ordered Product by the User may be made using the following payment methods:
a) advance payment before delivery and acceptance of the Product by the User: cashless payment by payment card online via a payment gateway;
b) payment upon acceptance of the Product by the User: (i) cash payment or (ii) cashless payment by payment card at the Partner’s premises upon acceptance of the Product.
6.4. In the case of advance payment before delivery and acceptance of the Product by the User, the following rules apply:
a) The User will be redirected to the relevant third-party payment server, where they will fill in all the necessary details to submit the payment.
b) The User acknowledges that the Partner is not obliged to accept the User’s order or deliver the ordered Product to the User before the purchase price (or deposit) for the ordered Product has been paid by the User.
c) The User further acknowledges that the payment gateway is operated by an external payment provider engaged by the Partner.
7. METHODS OF DELIVERY
7.1. Depending on the User’s choice and on whether the given method of delivery is currently available to the User in the Mister Sushi Application, the delivery of the ordered Product may be carried out in the following ways:
a) personal collection by the User, at their own expense, from the Partner’s premises;
b) delivery by the Partner to the location within the Partner’s premises (to the table) specified by the User in the order (by scanning the QR code on the table in the Partner’s premises);
c) delivery to the location specified by the User in the order as the place of delivery, either by the Partner or using a delivery service (in such a case, delivery costs may be charged to the User according to the amounts stated in the Mister Sushi Application).
7.2. In the case of personal collection of Products from the Partner’s premises, the following rules apply:
7.2.1. The User will receive an electronic notification once the Products at the selected Partner’s premises are ready for collection. The User will collect the ordered Products in person from the selected Partner’s premises at their own expense. The User acknowledges that the Partner or the Operator may set conditions for verifying the User’s identity when collecting ordered Products.
7.2.2. The User is obliged to collect the Products at the location of the selected Partner’s premises within the time specified in the notification, but no later than the end of the business hours of the relevant Partner’s premises. The collection period for the Product begins when the Partner sends the User a notification that the Product is ready for collection.
7.2.3. If the ordered Product is not collected by the User from the relevant Partner’s premises within the specified time, the Partner may, without prior notice, cancel the delivery of the Products or withdraw from the relevant purchase contract for the uncollected Products. At the same time, the Partner is entitled to charge the User the full price of the Products according to the order as a lump-sum compensation for the costs of preparing the Product.
7.2.4. If the User has chosen payment upon collection of the Product and fails to collect the ordered Product from the Partner’s premises within the specified time, the Operator is entitled, at its own discretion, to suspend the User’s access to the Mister Sushi Application in accordance with Clause 3.7 of these Terms.
8. COPYRIGHT AND RELATED PROVISIONS
8.1. The User acknowledges that the Mister Sushi Application is protected by the Copyright Act and other related regulations. All rights to the Mister Sushi Application—particularly copyrights to content, including page layout, graphics, photos, films, trademarks, logos, and other content and elements—belong to the Operator or its Partners.
8.2. It is prohibited to copy, modify, or otherwise use the Mister Sushi Application or any part thereof without the Operator’s consent.
8.3. The User is granted only the right to use the Mister Sushi Application in accordance with the purpose and intent set out in these Terms.
8.4. Without the Operator’s express prior written consent, the User must not, and shall not allow any third party to: (a) decompile, disassemble, or reverse engineer the Mister Sushi Application; (b) remove, modify, or obscure any copyright or proprietary notices contained in the Mister Sushi Application; (c) use the Mister Sushi Application to create a similar or competing product or service; (d) obtain unauthorized access to the Mister Sushi Application (e.g., through another system or tool); (e) unlawfully interfere with or unlawfully use the software or other components forming part of the Mister Sushi Application, or use it or any part thereof or its software in a manner contrary to its designation or purpose; (f) use the Mister Sushi Application in a manner that violates applicable law or infringes any third party’s privacy or intellectual property rights; (g) publish, send, upload, or otherwise transmit via the Mister Sushi Application any data containing viruses, trojan horses, worms, time bombs, corrupted files, or other computer programs or procedures capable of damaging, maliciously disrupting, secretly intercepting, or misappropriating any systems, data, personal information, or property of others; (h) transmit spam, chain letters, or other unsolicited communications via the Mister Sushi Application; (i) compromise the integrity or security of the Mister Sushi Application; or (j) take any actions that would or could place an unreasonable or disproportionately large load on the Operator’s infrastructure and that could negatively affect the operation of the Mister Sushi Application.
8.5. Without the Operator’s express prior written consent, the User must not separate and/or reuse parts of the content of any Mister Sushi Application service; in particular, the User is not authorized to use so-called data mining, robots, or other similar tools for the (one-off or repeated) acquisition and collection of data with the aim of reusing substantial parts of the content of any service provided by the Operator. The User must also not create and/or publish their own databases including substantial parts of any service provided by the Operator (e.g., lists of Products and their prices in the Mister Sushi Application).
8.6. Users of the Mister Sushi Application may post their reviews, posts, comments, questions or answers, or other content including images, photographs, audio or video recordings (collectively, the “Content”), provided that such content is not unlawful (for example, promoting drugs, illegal gambling, and illegal arms trade; adults-only content incompatible with these Terms), is not contrary to good morals or to the principles or legitimate interests of the Operator (for example, endangering the security of the Mister Sushi Application or the internet, including negatively affecting other clients’ use of the Mister Sushi Application), does not threaten public order (for example, by establishing, presenting, promoting, supporting, or linking in any way to pedophilia, racism, fanaticism, excessive violence, threats, harassment, or by containing hate materials; unethical or misleading content with regard to consumer protection laws of any country, including chain or pyramid schemes), is not deceptive, defamatory, offensive, threatening, or pornographic, does not invade privacy, does not infringe intellectual property rights, does not otherwise cause harm to third parties, and is not otherwise inappropriate; further provided that it does not contain political campaigns, commercial advertisements, spam, viruses, etc.
The User must not use a false email address, impersonate any person or entity, or otherwise mislead the Operator as to the origin of any Content. The Operator reserves the right to remove or edit Content that conflicts with these Terms.
8.7. The User represents that they are the owner of all rights associated with the content they publish or are otherwise authorized to handle such content in this manner (i.e., they are the author of such content or hold the author’s consent to place the content within the Mister Sushi Application), that the use of the content published by the User does not conflict with the Operator’s rules or guidelines, that such content is accurate as of the date of publication, and that it will not cause any harm to any person or entity. If the User’s representation under this article proves to be untrue, the Operator is entitled to claim from the User compensation for all damage and all costs caused by the Operator’s reliance on the User’s representation being true.
8.8. Any content published by the User expresses solely the User’s opinions and does not represent the views of the Operator.
8.9. The User may delete their content at any time or change the settings so that the content is displayed only to persons to whom the User allows access (if the relevant feature permits). The deletion of a User Account may be carried out exclusively through the mobile application. To permanently delete their account, the User shall navigate to the “Profile” section, select the “Delete Your Account” option, and confirm their intention to delete the account. Upon confirmation, the Company will process the deletion in accordance with applicable data protection laws. To request the deletion of an account created or accessed via the website, the User shall submit a deletion request by contacting the Company at the email address specified in Section 5.10 of these Terms. The Company will verify the request and proceed with the deletion.
8.10. If the User publishes any content in the Application as described above, the User thereby grants the Operator the right to use, publish, make available, translate, edit, reproduce, and exploit such content in the Operator’s advertising, marketing, or promotional activities or campaigns, worldwide, for an unlimited period, and with the right of sublicense. This right is unrestricted, non-exclusive, and no author’s remuneration, including any additional remuneration, is associated with it. The User further grants the Operator the right to use the name the User used in connection with such content, without any transfer of personal (moral) rights.
8.11. The User undertakes to indemnify the Operator against all claims that third parties may assert against the Operator in connection with content provided by the User.
8.12. If you believe that the publication of certain information within any service provided by the Operator has infringed your intellectual property rights, please notify the Operator in writing by sending an email to: info@mrsushi.sk
9. OTHER RIGHTS AND OBLIGATIONS OF THE USER
9.1. The User is obliged to use the Mister Sushi Application in accordance with these Terms, comply with applicable legal regulations, act honestly, and in accordance with good morals.
9.2. The User must act in a way that does not damage in any way the good name and rights of the Operator. The User must ensure that no damage to the property of the Operator or third parties occurs in connection with the use of the Mister Sushi Application.
9.3. If the User breaches the obligations set out in these Terms, including all their parts, and such conduct causes any damage or harm to the Operator, the Operator is entitled to claim compensation from the User for the damage or harm caused, including loss of profit.
9.4. In the event of unauthorized use of any part of the Mister Sushi Application without the Operator’s consent, the Operator is entitled to use all means to protect its rights and legitimate interests in accordance with the Copyright Act, in particular the right to seek cessation of copyright infringements and removal of such infringements, the right to compensation for damages, and the right to recover unjust enrichment.
9.5. As a consumer, the User has the right to assert rights arising from defective performance in connection with the purchase contract directly with the Partner (at the Partner’s premises, registered office, or place of business, or via the contact details provided for the Partner on their user profile, website, or in the Mister Sushi Application).
9.6. The rights and obligations between the Partner and the User concerning rights from defective performance, including the Partner’s liability to the User, are governed by the relevant generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and the Consumer Protection Act), taking full account of the fact that the purchase concerns a Product that is perishable and intended for immediate consumption.
9.7. If the Mister Sushi Application has a defect, the User may request its removal, unless this is impossible or unreasonably costly.
9.8. The User may request a reasonable discount or withdraw from the contract if:
a) the Provider has not removed the defect, or it is evident from the Provider’s statement or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the User,
b) the defect appears again after removal, or
c) the defect constitutes a material breach of the contract.
9.9. The User may not withdraw from the contract if the defect in the Mister Sushi Application is only insignificant; it is presumed that the defect is not insignificant.
9.10. If the User withdraws from the contract, they must refrain from using the digital content, including making it available to third parties.
9.11. Any monetary amounts that the Provider must return to the User due to defective performance will be refunded by the Provider at its own expense without undue delay, but no later than fourteen days from the date on which the User exercised the relevant right arising from defective performance with the Provider.
10. PERSONAL DATA PROTECTION
10.1. Users acknowledge that the Operator processes the personal data they provide for the purpose of operating the Mister Sushi Application, in accordance with legislation relating to the processing and protection of personal data, in particular, but not exclusively, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR), and Act No. 110/2019 Coll., on the processing of personal data, as amended. Details regarding the processing of Users’ personal data by the Operator are provided in the relevant section of the Mister Sushi Application concerning personal data protection.
10.2. Users are obliged to familiarize themselves with the Privacy Policy available in the relevant section of the Mister Sushi Application concerning personal data protection.
10.3. Users acknowledge that, in accordance with the Privacy Policy, the Partner is an independent controller of personal data and has its own personal data processing terms. The Partner is also entitled, among other things, to share Users’ personal data with the Operator. Further conditions for processing Users’ personal data are provided in the Privacy Policy available in the relevant section of the Mister Sushi Application concerning personal data protection.
11. COMPLAINTS AND NOTIFICATIONS
11.1. Complaints concerning the Services, including notices of illegal activity or illegal content, may be sent to the following email: info@mrsushi.sk.
11.2. A complaint or notification must include:
a) the name of the natural person or the legal entity;
b) an email address, except for reports concerning information deemed related to any of the criminal offences listed in Articles 3 to 7 of Directive 2011/93/EU;
c) a telephone number;
d) an exact description of any irregularities in the provision of the Services and the date of occurrence, i.e., a clear indication of the precise electronic location of such information, such as the exact URL address or addresses, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content;
e) in the case of a notice of illegal content: a sufficiently substantiated explanation of the reasons why the natural or legal person considers the information to be illegal content;
f) in the case of a notice of illegal content: a declaration confirming that the natural or legal person submitting the notice has a good-faith belief that the information and allegations contained therein are accurate and complete.
11.3. A complaint must be submitted within one month from the day the Service was provided incorrectly, or from the day of receipt of the invoice that contains the irregularity.
11.4. The Operator will assess complaints and notifications and provide the Partner with a decision within 30 days from the date of receipt of the complaint or notification, unless the complaint or notification is not submitted in the manner set out in these Terms. In such a case, the period for assessing the complaint or notification begins on the day the missing information is provided to the Operator.
11.5. The Operator will provide all affected recipients of the Services with a clear and specific statement regarding any of the following restrictions imposed because the information provided by the recipient of the Services is illegal or incompatible with these Terms:
a) any restriction on the visibility of specific items of information provided by the recipient of the Services, including removal of content, disabling access to content, or downranking;
b) suspension, termination, or other restriction of monetary payments;
c) suspension or partial termination of the provision of the Services;
d) suspension or cancellation of the recipient’s account.
The statement must contain the information referred to in Article 17(3) of Regulation (EU) 2022/2065 of the European Parliament and of the Council (Digital Services Act).
11.6. In complex cases, the period referred to in Clause 11.4 above may be extended to 45 days.
11.7. The Partner may appeal the decision referred to in Clause 11.4 above within 14 days by emailing info@mrsushi.sk with the subject line “Appeal” and an identification of the decision.
12. FINAL PROVISIONS
12.1. All agreements between the Operator, the Partner, and the User are governed by the legal order of the Slovakia, unless this conflicts with mandatory provisions for consumer protection. If the User is a consumer and has their habitual residence in the EU, they also enjoy the protection afforded by the mandatory provisions of the laws of their country of residence.
12.2. In the event of a legal dispute between the Partner and the User, the court with non-exclusive local jurisdiction shall be the court of the Partner’s registered office. The User may also file a lawsuit to enforce consumer protection rights in connection with these Terms either at the court in the Partner’s registered office or in the EU country in which the User resides.
12.3. In the event of a consumer dispute that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Slovak Trade Inspection, Central Inspectorate of the Slovak Trade Inspection, with its registered office at Bajkalská 21/A P. O. BOX 29, 827 99 Bratislava, : https://www.soi.sk/.
12.4. In the event of consumer disputes with an international element, you can contact the European Consumer Centre in the Slovak Republic, with its registered office at: Ministry of Economy of the Slovak Republic Mlynské nivy 44/A 827 15, Bratislava 212, Slovak Republic, Internet address: https://www.europskyspotrebitel.sk/ is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May. (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the resolution of consumer disputes on-line).
12.5. Contact details of the Operator:
a). delivery address: ul. Mýtna 42, Bratislava
b). e-mail: info@mrsushi.sk
c). telephone: +42 191 573 85 39
12.5. Contact details of the Operator:
a). delivery address: ul. Mýtna 42, Bratislava
b). e-mail: info@mrsushi.sk
c). telephone: +42 191 573 85 39
12.6. The Operator designates the above email as the sole contact point to enable:
a) direct and rapid communication with the Partner;
b) direct and rapid communication with the authorities of Member States.
12.7. If any provision of these Terms is or becomes invalid or ineffective, the remaining provisions of these Terms shall remain valid and effective. The invalid or ineffective provision shall be replaced by a valid and effective provision which, by its content and meaning, most closely corresponds to the content and meaning of the original provision.
12.8. The Operator is entitled to unilaterally amend the wording of these Terms in the following cases:
12.8.1. changes in legal regulations that have a direct impact on the content of the Terms;
12.8.2. imposition of specific obligations by public authorities;
12.8.3. improvement of Users’ privacy protection;
12.8.4. changes in the privacy policy;
12.8.5. fraud prevention;
12.8.6. security reasons;
12.8.7. changes in the scope of services provided, including the introduction of new services;
12.8.8. editorial changes.
12.9. The Operator will notify the User of a change to the Terms at least fourteen (14) days before it takes effect, stating the effective date of the change, by displaying a notice in the Mister Sushi Application, in the User’s account, or via the User’s email. If the User does not agree with the change, they have the right to notify the Operator in writing that they do not agree with the new wording of the Terms or to cancel their user account; in such a case, they are not entitled to continue using the Mister Sushi Application’s services. If the User does not notify the Operator of their disagreement with the new wording of the Terms before the effective date of the change, it is deemed that they agree to the change and undertake to comply with the new wording of the Terms. Upon the entry into force of the new Terms, the original Terms cease to be valid.
12.10. In the event that these Terms are produced in multiple language versions, the English version shall be decisive and shall take precedence over the other language versions in case of any discrepancies between them.
12.11. These Terms shall take effect and come into force on 1 June 2025.