General Terms and Conditions for Bistro.sk Customers
Bistro.sk, s.r.o. operates a Platform through which Customers can search and order online products from Businesses with a delivery service published on this platform.
These 'General Terms and Conditions for Bistro.sk Customers' are applicable to the relations between Bistro.sk, s.r.o. and the Customers from 4 February 2025. These do not apply to Businesses (as defined below but including Restaurants and Stores) which are governed by the 'General Terms and Conditions for Partners.
1. Definitions
Age Restricted Item: any product with a minimum legal age requirement including but not limited to, for example, an alcoholic product.
Agreement: an agreement between the Customer and the Business regarding an Order and the delivery or collection of the Order.
Bistro.sk: Bistro.sk s.r.o.acting for itself and on behalf of any corporate entity or person that controls, are controlled by or under the common control, directly or indirectly, with Takeaway.com Group B.V.
Business: a trader or a company listed on the Bistro.sk Platform that makes available, sells, prepares, packages, picks and/or serves products and related items, and uses the Platform for the establishment and payment of the Agreement, with which Bistro.sk has entered into a contract, on the basis of which, among other things, it acts as its representative when concluding a Purchase Agreement.
Business Information: the information about the Business with regard to, among other things, the trader and their contact methods, the products and services made available within their Offer ( for example, allergens, nutritional information, and ingredients) , prices for each individual product and service (including VAT), company logo, graphics, delivery area (including postal codes), delivery costs and minimum order amounts, and other information about the Business.
Customer: a natural person who has reached the age of 16 or a legal entity who uses the Platform and /or places an Order through the Platform.
Offer: the range of products and services offered by the Business that can be ordered by the Customer through the Platform.
Order: an order placed by the Customer with the Business through the Platform as regards the Offer selected by the Customer.
Platform: the website(s), apps, tools and other equipment of Bistro.sk and its affiliated companies and business partners on which the Service is made available.
Service: the commercial services and/or activities that are offered to the Customer by Bistro.sk, including publication of the Offer, facilitation of the conclusion of Agreements and transmission of Orders to the relevant Business.
Tip: voluntary amount paid by a Customer intended for the courier delivering the Order.
User content: Any material other than personally identifiable information, which is transmitted or posted or uploaded by a user (including Customers) on this Platform (including, by way of example and not limited to, any feedback in the form of ratings, comments and/or reviews on the Platform (together, "Reviews")) and which is considered non-confidential.
2. Identity of Bistro.sk s.r.o.
Bistro.sk s.r.o operating under the name of ‘Bistro.sk’:
Registered office address:
Bottova 2A, 811 09 Bratislava
Slovak Republic
I.D 51 251 761
VAT ID: SK2120650609
Registered in the Commercial Register of the Municipal Court Bratislava III
Section: Sro, number: 167919/B
Correspondence address: Bottova 2A, 811 09 Bratislava, Slovak Republic Electronic contact: https://www.bistro.sk/en/customerservice/contact-us
The competent supervisory body for the services provided by Bistro.sk is the Slovak Trade Inspection, SOI Inspectorate for the Bratislava Region, SOI Inspectorate for the Bratislava Region, Prievozská 32, PO Box 5,820 07 Bratislava 27.
3. Applicability
1. The present General Terms and Conditions for Customers are only applicable to the Service. Bistro.sk is not responsible for the Offer. As the case may be, the General Terms and Conditions of Partners shall be applicable to the Offer in addition.
2. By placing an Order the Customer directly concludes an Agreement with the Business for delivery of the Offer selected by the Customer. The Customer is bound by the Order and will not be entitled to a refund except in case of cancellation allowed pursuant to article 7 below.
3. Unless otherwise indicated, individuals (including Customers) need to be at least 16 to use the Services and the Platform.
4. Changes to these Terms and Conditions
1. Bistro.sk may make some changes to these General Terms and Conditions for Customers from time to time but, in case of any significant change, Bistro.sk will inform the Customer in advance of such changes becoming effective, unless the changes are required by applicable law.
2. If the Customer does not accept the changes, they should not use the Platform.
3. Please be aware that Customer’s continued use of the Platform after the effective date of the proposed changes will constitute their acceptance of the revised General Terms and Conditions for Customers.
4. The Platform Operator is entitled at any time to limit or completely block the User's access to Bistro.sk if his behavior violates these Bistro.sk Terms of Use or generally binding legal regulations.
5. The Offer
1. Bistro.sk publishes the Offer on behalf of the relevant Business, in accordance with the Business Information supplied by the Business. Bistro.sk shall not accept any responsibility or liability for the contents of the Offer and the Business Information on the Platform. For the avoidance of doubt, any complaints regarding the products included in an Order, including but not limited to requests for refunds, should be made directly to the Business. The Business may use ingredients and additives of meals and drinks, that could cause allergies and intolerances. If a Customer is allergic to any foodstuffs, we advise to contact the Business by telephone for current allergen information before placing an Order. If an Offer includes an Age-Restricted item, the Customer warrants that they are of the minimum legal age to accept such an Order, and accepts that they may be asked to verify their age prior to the Order being delivered (see section 6.9 for further details).
2. Bistro.sk presents all Business Information in such a way that it is clear to the Customer what his rights and obligations are after having accepted the Offer.
3. Bistro.sk shall not accept any liability for Platform availability.
6. The Agreement
1. The Agreement is effective as from the moment the Customer finalizes the Order by clicking the 'Order & pay' button during the process of placing an Order through the Platform.
2. After receipt of the Order, Bistro.sk will electronically confirm the Order to the Customer.
3. Where the Customer has not logged in or created an account previously, the Customer may have the option to continue with their Order as a guest. By completing the Order as a guest, the Customer agrees that Bistro.sk will create a temporary Bistro.sk guest account which will, unless otherwise stated in these General Terms and Conditions, be accessible only (a) from the device which the Customer uses to place the Order; and (b) for a period of up to twelve months following the date of the Order. The Customer’s access to their temporary guest account will expire on the ‘’Expiry Date’’ which shall be the earlier of (i) the date falling six months after the date on which the Customer last accessed the temporary guest account; (ii) the date falling twelve months after the date on which the temporary guest account was created; or (iii) the date on which the Customer logs out of their temporary guest account, or clears the cache on the device which the Customer used when the temporary guest account was created.
4. The Agreement can only be performed by the Business if the Customer provides correct and complete contact and address details when placing the Order. In the case of a “Pickup” order, an address is not required. The Customer has the obligation to immediately report inaccuracies in payment details provided or stated to Bistro.sk or the Business.
5. With respect to information on the status of his Order, after having placed the Order the Customer is required to be available by telephone or email (as indicated when placing the Order) for both the Business and Bistro.sk.
6. If the Customer decides to have the Order delivered, the Customer must be present at the delivery address indicated by the Customer in order to receive the Order items. If the Customer is not present at the delivery address when the Order is delivered, and the Order is being delivered by Bistro.sk (rather than the Business itself) Bistro.sk will make reasonable efforts to contact the Customer in order to determine where to leave the Order. If Bistro.sk is unable to contact the Customer, Bistro.sk may leave the Order at a reasonable location outside, close to the delivery address at which point it will be deemed delivered. Bistro.sk will not be responsible for the Order (including the quality or safety of the contents of the Order when the Customer finds it) after delivering the Order. Please note that when the Business is delivering the Order itself, rather than using Bistro.sk's delivery services, the Business will decide whether to leave the Order outside the delivery address if the Customer is not present.7. If the Business that you place your Order with receives delivery services provided by Bistro.sk, Bistro.sk may charge the Customer a range of fees including, but not limited to a delivery fee and/or a service charge. The delivery fee and service charge applied to the Order may vary depending on a number of factors, including location, the Business selected, and the value of the items in the Order, but these costs will always be shown on the Platform before a Customer places an Order. A receipt for the fees charged,including delivery fee and service charge (if applicable) can be requested with Bistro.sk.
8. If the Customer chooses to use Pickup and collect the Order, he must be present at the chosen time at the Business’s pick-up location, which is indicated in the confirmation email, text message or on the Bistro.sk website.
9. Upon ordering as well as when delivering or collecting Orders containing Age Restricted Items, Bistro.sk and the Business will, pursuant to applicable laws and regulations, ask the Customer for identification. If the Customer cannot identify himself adequately or does not meet the minimum age requirements, the Age Restricted Items of the Order will not be delivered, and Bistro.sk and the Business are also free to refuse the Order in its entirety. If the Age Restricted Items are not delivered pursuant to this section, the Customer may be charged a cancellation fee, which cancellation fee will consist of at least the value of the Age Restricted Items from the respective Order.
10. Bistro.sk does not accept any liability relating to the execution of the Agreement.
11. After placing the Order, the Customer may, at its sole discretion, choose to Tip a courier via the available online payment methods. Tipping may not be available on a “Take Out” order.
12. The Tip is intended for the couriers and cannot be considered as payment for services of Bistro.sk. Bistro.sk will thereby only act as a trustee and transferor of the Tip amounts.
13. Bistro.sk will transfer the Tip to the couriers in case those are directly engaged via Bistro.sk. In case a courier is not engaged via Bistro.sk but directly by the Business, Bistro.sk transfers the Tip to the Business and obliges the Business to pay-out the Tip to the courier. Bistro.sk cannot guarantee or be held responsible for the transfer of the Tip from the Business to the courier.
14. After the Customer has received a confirmation of placing the Tip, the Tip cannot be refunded or returned.
7. Dissolution of the Agreement and cancellation of the Order
1. If you, the Customer, are a consumer, you may have certain legal or statutory rights when you order products via the Platform. Without prejudice to these rights (which, if applicable, will not be affected), the Customer may not dissolve the Agreement where the goods contained in the Offer are perishable, have been individual tailored to the customer, are not suitable for return due to hygiene or health reasons, or have been inseparably mixed with other goods following delivery. Orders cannot be cancelled by the Customer with Bistro.sk. Cancellation of the Order with the Business is only possible by the Customer if the Business explicitly indicates that Cancellation of the Order by the Customer is possible.
2. The Business is entitled to cancel the Order, e.g., if the Offer is no longer available, if the Customer has provided an incorrect or inoperative telephone number or other contact information, or in case of force majeure.
3. If the Customer places a false Order (for example by providing incorrect contact information, 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 pursuant to the Agreement, Bistro.sk shall be entitled to refuse any future Orders from such Customer.
4. Bistro.sk is entitled to refuse Orders and cancel Agreements on behalf of the Business, if there is reasonable doubt about the correctness or authenticity of the Order or contact information. If the Customer places Orders that appear as false or fraudulent, Bistro.sk may report this to the police.
8. User-generated content
1. Any material other than personally identifiable information, which is transmitted or posted or uploaded by a user (including Customers) on this Platform (including, by way of example and not limited to, any feedback in the form of ratings, comments and/or reviews on the Platform (together, "Reviews")) is considered non-confidential (hereinafter the "User Content").
2. By posting, uploading or transmitting any User Content, you, the Customer, represent and warrant that you own or otherwise control all of the rights in and to the User Content and that you are solely responsible for such content. You agree that Bistro.sk and anyone Bistro.sk designates will be free to copy, disclose, distribute, incorporate and otherwise use any User Content and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
3. The Customer is prohibited from posting, uploading, or transmitting to or from the Platform, any User Content (including Reviews) that:
(a) is in violation of any applicable local, national or international law;
(b) is unlawful or deceptive;
(c) amounts to unauthorised advertising;
(d) contains viruses or any other harmful programs;
(e) contain defamatory, obscene or offensive material
(f) promote violence or discrimination;
(g) infringe the intellectual property rights of others;
(h) are in breach of any legal obligation towards third parties (such as, by way of example, an obligation of trust);
(i) promote illegal activities or violate the privacy rights of third parties;
(j) give the impression of coming from the Platform Operator;
(k) are used to impersonate others or misrepresent the reality of a close relationship (motherhood/paternity) with another person; or
(l) is in breach of Bistro.sk’s policies, including but not limited to the Review moderation policy available in the Help Centre, here.
4. The Customer is responsible for ensuring that their User Content complies with Bistro.sk’s policies and these General Terms and Conditions. Bistro.sk uses a combination of human review and algorithmic decision making to check the compliance of User Content with those terms and Bistro.sk reserves the right to moderate (which may include removing) any content that Bistro.sk deems to be in violation of its policies, these General Terms and Conditions or applicable law. The list of prohibitions in article 8.3 above is not exhaustive and Bistro.sk may moderate User Content which is otherwise objectionable or may expose Bistro.sk or any other third party to prejudice or liability of any kind or for any other reason.
5. Reporting and Take Down: You, the Customer, are encouraged to report any content that you believe violates Bistro.sk’s policies or these General Terms and Conditions. Bistro.sk will review all reported content and take appropriate action, which may include removing the content or suspending the user who posted, transmitted or uploaded the content.
6. More information on Bistro.sk’s policies and measures around content moderation is available in the Help Centre, here. This article also explains how to report content on the Platform or appeal a moderation decision (which can include Bistro.sk’s decision not to take action), how Bistro.sk manages these requests and handles user’s misuse of related processes.
7. Use of User Content: User Content contained on the Platform are for informational purposes only and do not constitute a recommendation by Bistro.sk. Reviews and other User Content reflect the views of customers who have ordered through the Platform or other third parties and any statements, advice or opinions provided by such parties are theirs alone. Accordingly, to the maximum extent permitted by law, Bistro.sk assumes no responsibility or liability to any person in connection with any Reviews or other User Content, including, without limitation, in relation to errors, defamation, obscenity, omissions or falsehoods that may be found in such contents.
8. Cooperation with Law Enforcement: Bistro.sk will cooperate with law enforcement officials in their investigations of illegal content. This may include providing information about Customers or other users who have posted, uploaded or otherwise transmitted illegal content or content in violation of Bistro.sk’s General Terms and Conditions.
9. Your liability for User Content: Bistro.sk is not responsible for the content that is uploaded by users (including Customers). Bistro.sk does not endorse or approve any user-generated content. You, the Customer, agree to indemnify Bistro.sk for any loss, damage or claim (and all related costs) incurred by Bistro.sk or asserted against it by a Business or other party third party and which arise out of, or in connection with, any User Content provided by you in violation of any representations, warranties, undertakings or restrictions set forth in this section 8.
9. Recommender systems
1. On the Platform, Bistro.sk uses recommendation systems to display information that helps Customers to discover relevant partners and offers. Further information on the recommendation systems that Bistro.sk uses, and how these systems operate can be found in the Help Centre, here.
10. Payment
1. At the moment the Agreement is concluded in accordance with the provisions of article 6.1 of these General Terms and Conditions for Customers, Customer is obliged to pay the Business for the Order. The Customer may fulfil this payment obligation by using an online payment method through the Platform or by payment to the Business at the door or at the collection location.
2. Subject to the provisions of article 7 of these General Terms and Conditions for Customers, the (partial) reimbursement of an online payment shall only be possible if the Order cannot be delivered (entirely). The reimbursement shall always be made into the same account as the one from which the payment has been made. Depending on the payment method used by the Customer, the processing of the reimbursement will take a maximum of 10 working days.
3. The Business has authorized Bistro.sk to accept the Customer’s online payment on behalf of the Business.
11. Complaints settlement
1. Complaints from the Customer about the Offer, the Order or the performance of the Agreement, are to be filed with the Business. The sole responsibility for the Offer of the Business and the performance of the Agreement lies with the Business. Bistro.sk may only assume a mediating role.
2. If, as part of the Service, Bistro.sk has provided a courier service to the Customer, Bistro.sk is fully responsible for defects in the provision of that element of the Service. The Customer, who has the status of a consumer, is hereby informed of his rights arising from liability for defects and the procedure for handling complaints about defects in the Bistro.sk’s complaints procedure, which forms an integral part of these Bistro.sk Terms of Use and is available here.
3. Once the complaint has been received by Bistro.sk, the latter shall respond as soon as possible, but not later than within one week, with a confirmation of receipt. Bistro.sk aims to handle the complaint as soon as possible, but not later than within two weeks.
4. Complaints as described in sections 1 and 2 of this article must be filed promptly within due time after the Customer has detected the shortcomings, be fully and clearly described and filed with the respective Business (section 1) or Bistro.sk (section 2).
5. The European Commission manages an ODR platform. This platform can be found on http://ec.europa.eu/odr. Bistro.sk explicitly excludes the use of any Alternative Dispute Resolution as referred to in Directive 2013/11/EU. The email address of Bistro.sk is [email protected].
12. Newsletter
1. When placing the Order, the Customer may also subscribe to the newsletter. The Customer can unsubscribe from this newsletter through https://www.bistro.sk/nastavenia-notifikacii/ or by contacting the customer service by using the contact data as mentioned under 'Correspondence Address' in article 2 of these General Terms and Conditions for Customers.
13. Inspection and correction of stored personal data
1. Bistro.sk shall process personal data relating to the Customer. The processing of personal data is subject to the Privacy Statement.