Definition of Basic Terms

1.1. “Intermediary” means Lucie Horáčková, Lucky Bistro, place of business nám. Svornosti 497, Svoboda nad Úpou, ZIP 524 24, Company ID: 88515834, VAT ID CZ7255273619.
1.2. “Customer” means a natural or legal person to whom the Intermediary provides intermediary services based on an order placed through the ordering system.
1.3. “Bistro” means a natural or legal person holding a trade license for catering services and operating a restaurant facility, which, based on the Customer’s order placed through the Intermediary’s ordering system, enters into purchase contracts for the delivery of the ordered meals from the Bistro’s current offer published on the Intermediary’s website.
1.4. “Place of Destination” means the location specified in the order and confirmed by the Intermediary, to which the Intermediary undertakes to deliver the shipment or shipments, located within the city of Svoboda nad Úpou and its surroundings, unless another place of delivery is agreed between the Customer and the Intermediary.
1.5. “Purchase Contract” means a purchase contract concluded between the Customer and the Intermediary, the subject of which is the delivery of the ordered meal or meals from the Bistro’s current offer published on the website, in accordance with the Customer’s order.
1.6. “Shipment” means the meal ordered by the Customer, prepared and properly packaged by the Bistro and intended for transport to the Customer.
1.7. “Ordering System” means an automated ordering and intermediary system operated by the Intermediary on a virtual server on the Internet, including the website http://www.mestanskydum.cz/
1.8. “Website” means the web pages located on a virtual server on the Internet at https://www.mestanskydum.cz/.
1.9. “Intermediary Services” means services provided by the Intermediary to the Customer, including arranging the conclusion of a purchase contract and the delivery of the ordered meal in accordance with the purchase contract and these Terms and Conditions from the Bistro to the Place of Destination.
1.10. “In Written Form” also includes actions made through the ordering system or by email.
1.11. “Meal Delivery Method”: Orders may be placed no later than 9:00 a.m. on the day of delivery. The Intermediary will accept orders via the ordering system or by phone. Delivery of ordered meals will take place between 10:00 a.m. and 1:00 p.m.

General Provisions

2.1. The Intermediary provides Customers with intermediary services for concluding purchase contracts for meals listed in the current offer on the website, as well as transportation services for meals listed on the website.
2.2. The legal relationship between the Customer and the Intermediary arises at the moment the Intermediary accepts the Customer’s order. At that moment, the Intermediary becomes obliged to provide intermediary services and the Customer becomes obliged to pay the purchase price and the delivery fee.
2.3. Deviations from these Terms and Conditions may be agreed upon only in writing between the Intermediary and the Customer.
2.4. These Terms and Conditions are binding for the Customer from the moment they enter into a legal relationship with the Intermediary.
2.5. The Customer is in a contractual relationship exclusively with the Intermediary. The Customer is not in any legal relationship with any other person that the Intermediary may engage to deliver the shipment.

Order and Conclusion of Purchase Contract

3.1. The Customer places an order through the ordering system. In the order, the Customer provides their name, email address, phone number, type and quantity of the ordered meal, and the place of destination.
3.2. The Intermediary shall, without undue delay, confirm through the ordering system the receipt of the order and the method of processing it: by confirming the order (Art. 3.3.), proposing a modification (Art. 3.4.), or rejecting the order (Art. 3.5.).
3.3. In the order confirmation, the Intermediary confirms the type and quantity of the ordered meal. Upon delivery of the confirmation message to the Customer, the purchase contract is concluded.
3.4. For operational reasons, the Intermediary may propose a change to the order. In such a case, the purchase contract is concluded if the Customer agrees with the change and confirms it without undue delay via the ordering system or by email to the Intermediary.
3.5. The Intermediary reserves the right to reject the order for operational reasons. In such a case, the Intermediary shall inform the Customer without delay via the ordering system, email, or SMS.
3.6. The Intermediary reserves the right to reject an order if the place of destination is inaccessible, accessible only with extraordinary effort, or otherwise unsuitable. The order may still be fulfilled under special conditions if both parties agree.
3.7. The Intermediary reserves the right to reject an order that should be delivered outside the Intermediary’s operating hours as stated on the website. The order may still be fulfilled under special conditions if both parties agree.
3.8. In case of malfunction of the ordering system, Internet outage, or other serious reasons, communication between the Intermediary and Customer shall take place, if possible, by phone, email, or another suitable method.
3.9. For the first order by a registered Customer or for an order by an unregistered Customer, the maximum order value is CZK 1,000.
3.10. The minimum order from the restaurant is CZK 100.

Obligations of Lucky Bistro

4.1. The Bistro is obliged to prepare the ordered meal according to the purchase contract, with professional care, in accordance with applicable legal regulations, especially food safety requirements under Act No. 110/1997 Coll., on Food and Tobacco Products.
4.2. The Bistro is obliged to properly package the prepared meal for transport and secure the shipment against damage, deterioration, or tampering.
4.3. The Bistro must hand over the shipment to the Intermediary so that it can be delivered to the Customer in a safe condition and at a temperature compliant with applicable regulations and suitable for consumption.

Customer Obligations

5.1. The Customer undertakes, if they wish to use the Intermediary’s services, to order the delivery of meals from the current offer through the ordering system or by phone, as set out in these Terms.
5.2. The Customer undertakes to accept the delivered shipment at the agreed time (Art. 4.7. and 4.8.), at the place of destination, and to confirm receipt on the order form.
5.3. The Customer is obliged to pay the Intermediary the price consisting of the purchase price of the ordered meal as listed on the website (the “purchase price”) and the current delivery fee (the “delivery fee”) published on the website.
5.4. The Customer may register in the database and benefit from various membership advantages and promotions described on the website in the Bonus Section.

Delivery of Shipments

6.1. The Intermediary’s obligation to deliver the shipment is fulfilled by handing over the shipment at the agreed time at the place of destination to the Customer or another person designated by the Customer (hereinafter also “Customer”).
6.2. If the Customer is not personally present, the shipment may be handed over, upon written confirmation, to other persons present at the place of destination, such as persons reasonably presumed to be authorized (e.g., reception staff in multi-unit buildings). This does not apply if the Customer specifies in the order that the shipment must be handed over exclusively to them.
6.3. The Intermediary is under no obligation to verify the identity of the Customer.
6.4. The Intermediary must make a record on the order form regarding the delivery or non-delivery of the shipment, including the reason for non-delivery.
6.5. If the Customer refuses the shipment at the agreed time and place, or if the shipment is otherwise undeliverable (incorrect or non-existent address, Customer absence, absence of any authorized person), the Intermediary must immediately contact the Customer, inform them, and await instructions. If no instructions are given within a reasonable time, but no later than 10 minutes, or if they cannot be carried out, or if the Customer cannot be contacted, the Intermediary may cancel the purchase contract by notifying the Customer via the ordering system, phone call, message left at the place of destination, or another suitable method. The Intermediary shall make a written record of the cancellation on the order form.
6.6. If an undeliverable shipment cannot be handed over to the Customer, the Intermediary may handle it appropriately—for safe meals, it may be sold. If the shipment is no longer safe for consumption, or if no alternative customer can be found, the Intermediary is entitled to discard it.

Purchase Price and Delivery Fee

7.1. The Customer must review the current purchase price and delivery fee on the website.
7.2. The Customer is obliged to pay the purchase price and delivery fee for the shipment delivered in accordance with these Terms.
7.3. The binding purchase price and delivery fee are those published on the website on the day of delivery.
7.4. The purchase price and delivery fee are payable in cash upon delivery.
7.5. If the Customer is in delay with payment of the purchase price or delivery fee, the Intermediary is not obliged to fulfill its obligations—particularly to hand over the shipment—and may withdraw from the purchase contract. The right to compensation is unaffected.
7.6. If the Intermediary cannot complete delivery due to reasons attributable to the Customer, the Intermediary is entitled to a proportional part of the delivery fee corresponding to the distance/delivery already performed.
7.7. If the Customer wishes to pay with meal vouchers, the Intermediary is not obliged to provide change.

Payment Gateway Provider: Comgate, a.s.

Comgate, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
E-mail: platby-podpora@comgate.cz
Tel: +420 228 224 267

COMGATE is one of the largest online payment providers in the Czech Republic.

COMGATE’s activities are supervised by the Czech National Bank, and the company holds a CNB license for issuing electronic money.

When handling payment data, COMGATE complies with the highest PCI DSS security standards.

How does payment via the COMGATE payment gateway work?

The COMGATE gateway offers a fast, convenient, and secure method of online payment.

You make the payment directly on the payment gateway after completing your order, or you are redirected to online banking, or to a page corresponding to the payment method selected in your order.

After submitting the payment, COMGATE sends an email with a link to track the payment status or instructions to complete the payment.

All payment information, including card numbers, is protected by encrypted communication, and COMGATE handles it in compliance with the highest PCI DSS security standards.

Which payment methods does COMGATE offer?

Thanks to COMGATE, our e-shop offers all widely used payment methods, including online card payments and instant bank buttons. Most payments are processed online and completed within minutes.

How does card payment via COMGATE work?

    1. You enter your card details into the secure form on the payment gateway and submit the payment.
    2. COMGATE forwards the payment information to the processing partner, who submits the transaction to the relevant card association (e.g., VISA or MasterCard). The association ensures the connection to the issuing bank of your card.
    3. The issuing bank decides whether to approve the payment and sends the result to the processor, who forwards it to COMGATE.
    4. COMGATE processes the information.
    5. If the bank approves the payment, your order is marked as paid within a few minutes and forwarded for processing.

Liability for Shipment Content and Complaints

8.1. The Bistro is responsible for the content of the shipment and its compliance with applicable legal requirements, especially food safety regulations under Act No. 110/1997 Coll., on Food and Tobacco Products.
8.2. The Bistro is responsible to the Customer for proper packaging of the shipment and its handover to the Intermediary.
8.3. Claims against the Bistro shall be submitted through the Intermediary, who shall inform the Bistro without undue delay. Complaints must be made upon delivery, or by phone no later than sixty minutes after the shipment is delivered to the Customer.
8.4. If the Customer fails to raise claims in the manner described, the shipment is considered delivered properly and on time.
8.5. Nothing in this article affects consumer protection rights under applicable legislation.

Liability of the Customer for Damages

9.1. The Customer is liable to the Intermediary for all harm caused to the Intermediary or third parties due to the Customer’s failure to fulfill obligations, particularly the obligation to pay the purchase price and delivery fee, and the obligation to accept the properly delivered shipment at the agreed time and place.

Applicable Law and Disputes

10.1. Matters not regulated by these Terms are governed by applicable legal regulations of the Czech Republic.
10.2. By submitting an order, the Customer grants the Intermediary consent to monitor electronic and telephone orders. In case of a dispute regarding an order or its content, the Intermediary may use such a recording. The Intermediary undertakes to destroy these recordings no later than six months after the order date. The Intermediary may not use the recordings for any purposes other than those stated above.

XIII. Valid Version of Terms and Deviating Statements and Documents

11.1. These Terms take precedence over any contradictory statements made by persons acting on behalf of the Intermediary unless such statements are made in writing and signed by a person authorized under applicable law.
11.2. These Terms do not apply if a written agreement between the Customer and the Intermediary stipulates different rights and obligations.
11.3. These Terms are published on the website. The Intermediary shall publish any amendments at least 7 days before they become effective. During this period, the existing version of the Terms remains valid.