General Terms and Conditions of Ordering

1. General Provisions

1.1. These General Terms and Conditions of Ordering (hereinafter the Terms) apply to orders placed through the abrakebabra.ee online environment.

1.2. Restaurants operating under the Abrakebabra brand may be operated by different legal entities. The seller of a specific order (hereinafter the Seller) is the legal entity operating the restaurant selected by the Customer.

1.3. The details of the specific Seller are made available to the Customer before the order is confirmed. The Seller's details are also indicated on the payment document or purchase receipt related to the order.

1.4. The Seller of the specific order is responsible for fulfilling the order and for the rights and obligations arising from it.

1.5. In addition to these Terms, the legal relationship between the Customer and the Seller is governed by the legislation in force in the Republic of Estonia.

1.6. The Terms in force at the time the order is placed apply to the order.

1.7. The Seller has the right to amend and supplement these Terms. Amendments enter into force upon publication on the website and do not affect orders placed before the amendments entered into force.

2. Products and Prices

2.1. Product prices displayed on the website are stated in euros (EUR) and include 24% VAT.

2.2. A delivery fee is added to the order according to the selected delivery method and area. The delivery fee and the total cost of the order are displayed to the Customer before the order is confirmed.

2.3. The Seller has the right to change product prices, selection and availability. The prices and conditions displayed at the time the order is placed apply to the Customer's order.

2.4. If a price displayed on the website is clearly incorrect due to a technical error, the Seller will contact the Customer and give the Customer the option to confirm the order at the correct price or cancel the order.

2.5. Product images are for illustrative purposes. The actual appearance of a product may differ slightly from the image displayed on the website.

2.6. The quantity, size and other important information about a product are specified in the relevant product or category description.

3. Placing an Order

3.1. To place an order, the Customer selects the desired restaurant or service area, selects the products and adds them to the shopping cart.

3.2. When placing an order, the Customer selects an available collection or delivery method, time and payment method and enters the information necessary to fulfil the order.

3.3. Before finally confirming the order, the Customer can check the contents and total cost of the order, contact details and the selected collection, delivery and payment methods.

3.4. By confirming the order, the Customer confirms that they have read and agree to these Terms.

3.5. The order confirmation and information concerning the estimated preparation or delivery time are sent using the contact details provided by the Customer when placing the order.

3.6. The Customer is responsible for the accuracy of the information provided when placing the order. The Seller is not responsible for delays or inability to fulfil the order to the extent that these are caused by incorrect or incomplete information provided by the Customer.

3.7. If an ordered product cannot be prepared or the order cannot be fulfilled for another reason, the Seller will contact the Customer as soon as possible to agree on a replacement product, modification of the order or cancellation of the order.

4. Payment Methods

4.1. The order can be paid for using the payment methods displayed during the ordering process.

4.2. In the case of online payment, payment is made in the secure payment environment of the relevant payment service provider.

4.3. The Seller does not have access to the Customer's online banking credentials, passwords or payment card security details.

4.4. If the Customer chooses to pay upon collection or delivery, payment must be made using the payment method selected when placing the order.

4.5. The Customer is responsible for selecting a suitable payment method when placing the order. For payments made at the restaurant or to the courier, the available payment methods are those offered to the Customer during the ordering process for the relevant restaurant or delivery method.

5. Preparation and Collection of Orders

5.1. The order is prepared according to the order submitted by the Customer.

5.2. The estimated preparation or delivery time is displayed on the website and/or communicated to the Customer upon confirmation of the order.

5.3. Preparation and delivery times are estimates. The Seller will make reasonable efforts to ensure that the order is prepared or delivered to the Customer at the indicated time.

5.4. If fulfilment of the order is significantly delayed, the Seller will, where possible, inform the Customer.

5.5. When collecting an order, the order must be collected from the restaurant or collection point selected by the Customer when placing the order.

6. Delivery

6.1. Delivery is available in the service areas specified on the website.

6.2. The exact delivery options, delivery area and delivery fee depend on the selected restaurant and delivery address and are displayed to the Customer during the ordering process.

6.3. The order may be delivered by an Abrakebabra courier or by a delivery partner used by the Seller.

6.4. The order is delivered to the address specified by the Customer when placing the order. After the order has been confirmed, the delivery address may only be changed by agreement with the Seller and if the stage of fulfilment of the order allows it.

6.5. The Customer must ensure that the telephone number and delivery address provided in the order are correct and that the Customer is available when the order is delivered.

6.6. The Seller is not responsible for delays or failed delivery to the extent that these are caused by incorrect or incomplete information provided by the Customer or by the Customer being unavailable.

7. Modification and Cancellation of Orders

7.1. The Seller must be informed as soon as possible if the Customer wishes to modify or cancel an order.

7.2. Once preparation of the order has begun, it may no longer be possible to modify or cancel the order.

7.3. A pre-order placed at least 24 hours in advance may be cancelled by the Customer without giving a reason no later than 24 hours before the agreed preparation or collection time.

7.4. If the Seller is unable to fulfil the order at the time selected by the Customer, the Seller will contact the Customer and, where possible, offer an alternative time or another suitable solution.

7.5. If the alternative solution offered by the Seller is not suitable for the Customer, the Customer has the right to cancel the order.

7.6. If a cancelled order has already been paid for and the Customer is entitled to a refund, the amount paid will generally be refunded using the same payment method used by the Customer. The Seller will initiate the refund as soon as possible, generally within three business days. The actual time at which the funds are credited may depend on the payment service provider or bank used.

8. Right of Withdrawal

8.1. Prepared foods sold through the Abrakebabra online environment are, by their nature, perishable goods. In cases provided by law, the standard 14-day right of withdrawal applicable to distance contracts does not apply to such products.

8.2. The absence of a right of withdrawal does not restrict the Customer's right to submit a complaint regarding a defective, damaged, incorrect or otherwise non-conforming product.

9. Non-Conforming Products and Complaints

9.1. Upon receiving the order, the Customer should, where possible, check that the order corresponds to what was ordered and that the products and packaging are in proper condition.

9.2. If the order is incorrect, incomplete, damaged or otherwise does not conform to the order, the Customer is requested to notify the Seller as soon as possible.

9.3. When submitting a complaint regarding product quality, damage or another defect, the Customer is requested, where possible, to provide photographs of the issue and information necessary to identify the order.

9.4. A complaint may be submitted using the contact details of the relevant restaurant or the customer service contact details published on the Abrakebabra website. Where necessary, the complaint will be forwarded to the Seller of the specific order for resolution.

9.5. In the case of a justified complaint, a solution appropriate to the circumstances and nature of the defect will be applied in accordance with the Customer's statutory rights.

9.6. These Terms do not restrict the Customer's statutory rights.

10. Product Information and Allergens

10.1. Information about products, including product descriptions and other important information, is published on the website or otherwise made available to the Customer.

10.2. Information about allergens contained in products is available to the Customer on the website and/or from the relevant restaurant.

10.3. In the case of a food allergy or intolerance, the Customer is requested to review the allergen information before placing an order and, if necessary, contact the restaurant.

10.4. Food is prepared in an environment where ingredients containing different allergens are handled. Therefore, in the case of a severe food allergy, the Customer should contact the restaurant before placing an order to clarify circumstances relating to the specific product and its preparation process.

10.5. Product composition, availability and ingredients may change. The Seller updates product information as necessary.

11. Liability and Force Majeure

11.1. The Customer and the Seller are liable for breaches of their obligations in the cases and to the extent provided by the laws of the Republic of Estonia.

11.2. The Seller is not liable for a breach of an obligation to the extent that the breach is caused by force majeure, i.e. circumstances beyond the Seller's control and where the Seller could not reasonably have been expected to avoid or overcome the circumstances or their consequences.

11.3. This section does not exclude or restrict any statutory rights granted to consumers.

12. Processing of Personal Data

12.1. Personal data provided when placing an order are processed for the purposes of receiving and fulfilling the order, delivery, payment administration, customer service, handling complaints and other purposes permitted by law.

12.2. More detailed principles concerning the processing of personal data, including information about the controller, use and retention of data, possible disclosure of data and the Customer's rights, are set out in the Privacy Policy published on the website.

12.3. Direct marketing communications are sent to the Customer where there is an appropriate legal basis for doing so. The Customer may opt out of direct marketing at any time by using the unsubscribe option provided in the communication or by contacting the controller.

13. Resolution of Disputes

13.1. Any questions and disputes arising between the Customer and the Seller will first be attempted to be resolved through negotiations.

13.2. Complaints may be submitted using the contact details of the relevant restaurant or the customer service contact details published on the website.

13.3. If a consumer and the Seller are unable to resolve a dispute by agreement, the Customer has the right to refer the matter to the Consumer Disputes Committee operating at the Estonian Consumer Protection and Technical Regulatory Authority or to a court.

13.4. Disputes are resolved in accordance with the legislation in force in the Republic of Estonia.

14. Final Provisions

14.1. The Seller has the right to make changes to the selection, availability and prices of products.

14.2. Product images are illustrative and the actual appearance of a product may depend on the ingredients used and the preparation process.

14.3. If any provision of these Terms is found to be invalid or unenforceable, this does not affect the validity of the remaining provisions.

14.4. These Terms and the legal relationship between the Customer and the Seller are governed by the laws of the Republic of Estonia.

14.5. The current version of these Terms is published on abrakebabra.ee.

Enjoy your meal!