General Terms & Conditions

The www.cibo.ro website is owned and operated by CIBO SRL, a limited liability company, based in Galați, str. Portului nr. 7, jud. Galați, registered with the Trade Register under no. J17/1851/2023, with CUI 49210650, here in after referred to as "CIBO".

CIBO operates as an intermediary, providing a platform through which vendors (providers of products and services, hereinafter referred to as "Vendors") can list and sell their products and services to users, as well as the Locations they manage. By "Locations" we mean any hotel (or other lodging establishment) restaurant, bar, café, beach, event hall, club, and/or other establishments listed on the Website and the CIBO App for the purpose of receiving reservations and/or orders from Users. Translated with DeepL.com (free version)

As an intermediary, CIBO facilitates transactions between users and Sellers, but is not directly involved in the actual manufacture, quality or delivery of the listed products, or in the provision of services.

General conditions

Use of this website and/or the application implies acceptance of the terms and conditions set out below, which represent the agreement (contract) between the parties. The CIBO website and application may only be used by individuals/legal entities that have the legal capacity to enter into contracts, according to the Romanian legislation in force.

CIBO reserves the right to update the content of the website and/or the application, the general terms and conditions, as well as the privacy policy and cookie policy without prior notice. CIBO visitors are requested to frequently check the terms and conditions displayed on the CIBO website and within the CIBO app.

CIBO aims to offer its users the following:

• The possibility to book meals in the Vendors listed on the CIBO website;
• Placing orders for products and services offered by these Vendors;
• Publishing reviews for Vendor locations visited by users as a result of making a reservation or placing an order;
• Online card payment. CIBO users can also pay at the Vendors' locations.

User registration obligations

In order to use the CIBO website to place orders or make reservations with the Vendors present on the website, the user must create an account to access these functionalities. The account can be created by logging in with the user's social media page (Facebook/Instagram/etc.) or by other methods available on the CIBO website.

In order to create the account, the user must provide all the information requested in the registration process, failing which the account cannot be opened.

The User is obliged to provide real data and not to use identifying information belonging to other persons (e.g. false names, email addresses or phone numbers of other persons or Facebook profiles that do not belong to him/her). In such cases, CIBO has the right to refuse to open an account or to suspend or close such an account.

The user account is personal and non-transferable. The User undertakes not to transfer the right to use his/her account to any third party and to keep the access data confidential.

Making reservations

The process of making reservations at CIBO Vendor locations can, at this time, also be done by accessing the CIBO website or the CIBO app.

After making the reservation, the user will receive from the Vendor/CIBO an email/sms confirming the reservation, at which point the reservation will be considered confirmed.

The User understands and accepts that a reservation may not be confirmed in various circumstances, such as, but not limited to: reaching maximum capacity or closure of the Vendor's location; the Vendor's refusal to accept reservations at that time; any other similar circumstances. In such situations, the User will be informed of the impossibility of accepting the reservation as soon as possible.

Once the confirmation email/sms is received, the user has the obligation to respect and honor the confirmed reservations, and in case he/she is unable to honor a reservation, he/she is obliged to notify the Vendor/CIBO of the cancellation of the reservation, either on the CIBO website, by phone or by email.

Reservations may be canceled by users at least 60 minutes prior to the reservation time, unless the Vendor's policy requires otherwise.

In case the User makes a reservation and an order in advance through the CIBO Platform, the User shall pay the full amount of the order at the time of making the reservation. If the User fails to appear at the Vendor's location on the date and time specified in the reservation, the amount paid in advance will be retained as the reservation cost.

This amount will be non-refundable, representing compensation for the resources and services allocated to fulfill the reservation and order.

If the user fails to honor the reservations repeatedly (at least 3 times), his/her right to use the user account may be suspended or canceled by CIBO.

Offering Reviews

CIBO offers its users the possibility to provide reviews to Vendors but only after they honor the reservation made at one of the listed Vendor locations or after picking up an order placed with them, thus avoiding the possibility of giving false reviews.

Users can post reviews, comments, or other types of content; send suggestions, ideas, ask questions, as long as their content is not illegal, obscene, threatening, defamatory, does not violate privacy rights or intellectual property laws; does not contain commercial, political communications, incitement to hatred or intolerance based on ethnicity, religion, race, sexual orientation, or other forms of 'spam'. CIBO has the right to modify, reproduce, transmit, adapt, publish, distribute the materials posted by users, through any mass communication means, from any country.

CIBO can edit or delete any type of content or user activities on the CIBO site or within the CIBO application. CIBO is not responsible and does not assume responsibility for any of the materials posted by other third parties on the site. CIBO has the right not to publish all comments and articles proposed by users.

Placing Orders

The user can place orders on the CIBO website by adding the desired products and/or services to the shopping cart and completing the order by selecting the preferred payment method, explicitly indicated. Once added to the shopping cart, the products/services become available for purchase, subject to stock availability. Adding the product and/or service to the shopping cart without completing the order does not lead to its registration and, implicitly, does not automatically reserve the product/service.

Products purchased from the CIBO website are intended for personal consumption only, and the User declares on their own responsibility that they are not purchased for resale.

To place an order containing products that require, according to the legislation in force, a minimum age of 18 years, the user declares on their own responsibility that they comply with the legal provisions at the time of purchase. CIBO may verify the user's compliance with these legal provisions, including at the time of delivery. In case of non-compliance with the legislation in force, the order may be canceled. By completing the order, the user consents that all the data provided by them, necessary for the purchase process, are correct, complete, and true at the time of placing the order. Upon completing the Order, the User accepts that the Vendor may contact them by any available/agreed means, in any situation where it is necessary to be contacted.

Order Cancellation

In the event that, after placing the order, the user wishes to cancel it, the user must access the CIBO website and select 'Order Cancellation'.

If by that time, the Vendor has not taken the user's order or has taken it but accepts the cancellation, no additional cancellation fee applies. However, if the Vendor refuses the cancellation because the products are being prepared, have been fully prepared, and/or the order is in the process of being delivered to the user's location, it cannot be canceled.

If the cancellation was requested before its confirmation by the Vendor or, after its confirmation, the Vendor accepted the cancellation, the user will be refunded the amount paid within a maximum of 14 (fourteen) days from the date the User informed about their decision to cancel the order.

If the product ordered by the user is not available for delivery, CIBO may proceed with the cancellation of the order. If the canceled order has already been paid for by the user, the amount paid will be refunded.

CIBO reserves the right to cancel an order placed by the user, without any further obligation of any party towards the other or without the possibility of claiming damages in the following cases:

• The user's card issuing bank does not accept the transaction, in the case of online payment;
• The transaction is invalidated by the cardholder agreed by CIBO, in the case of online payment;
• The data provided by the user on the website is incomplete and/or incorrect.

If the User places an order in advance through the CIBO Platform, they must pay the full value of the order at the time of making the reservation. If the User does not show up at the Vendor's location to pick up the order, the amount paid in advance will be retained as a penalty.

This amount will not be refunded, representing compensation for the resources and services allocated to fulfill the order.

Other Costs

Taxes and Fees: All product prices listed on CIBO are expressed in RON and, depending on applicable legislation, may or may not include taxes (such as VAT). If additional taxes are applicable, they will be clearly communicated during the checkout process.

Additional Costs: No hidden costs or additional fees are charged by CIBO for using the shopping platform. Any additional costs will be directly related to the purchase and delivery process, established and communicated by the Vendors.

Pickup Orders

CIBO offers users the possibility to order products offered by Vendors for pickup (to go).

Thus, before completing the order placement, the user has the option to select the method of order pickup directly from the Vendor's location, from a representative of the Vendor, during the ordering process.

Picking up the order in this manner requires the user to present themselves at the Vendor's location at the agreed time for order handover and to collect the order from a Vendor representative.

The order will be handed over to the user only after the user proves that they are the one who placed the order on the CIBO site. Picking up the order by someone other than the user will only be possible if that person communicates the order number placed by the user to the Vendor's employee/representative, in which case it will be considered that the order was picked up on behalf of and for the User who placed it.

If the user does not present themselves at the Vendor's location at the pickup time, the Vendor will keep the order until the closing time of that day. If the user does not show up by the closing time of the Vendor's location, the order will be considered closed, and the User will no longer be able to claim its handover or the refund of the paid price and/or other compensations.

Vendor Responsibility

The following conditions apply regarding the responsibility for the products and services listed on the CIBO platform:

• Product Description: Vendors are responsible for the accuracy, completeness, and truthfulness of the information provided in the descriptions of the products listed on CIBO. This includes, but is not limited to, product characteristics, prices, availability, allergens, restrictions, and any other relevant details. The mentioned information must be included in printed and electronic menus, as well as in any other informational materials intended for users. The allergen list must be complete and periodically updated in accordance with applicable legal regulations and food safety standards. The vendor will make all necessary efforts to ensure the correct and complete information of users regarding the presence of allergens in the offered products.
• Product Quality and Safety: Vendors are solely responsible for the quality, safety, and compliance of their products with any applicable legal or regulatory standards.
• Product Prices: The prices of the products listed on CIBO are set by the Vendors. CIBO does not intervene in price setting and is not responsible for their accuracy.
• Transactions and Payments: Although CIBO facilitates the transaction process through its platform, the sales contract is concluded directly between users and Vendors. Vendors are responsible for processing payments, issuing invoices, and managing returns according to their policy and applicable legislation.

Vendor Interaction

Users are encouraged to communicate directly with Vendors for any questions or clarifications regarding the listed products, including, but not limited to, questions about stock, product details, or any disputes that may arise from transactions.

Disclaimer

CIBO does not guarantee and does not assume responsibility for the accuracy, completeness, or reliability of the information provided by Vendors on its platform. Additionally, CIBO does not assume responsibility for the quality, safety, or legality of the products sold, for the truthfulness or accuracy of the listings, or for the ability of Vendors to sell the products or users to pay for them.

By using the CIBO platform, both users and Vendors agree to these terms and conditions and acknowledge that any transaction made through CIBO is governed by the agreements established between the user and the Vendor.

Price Policy

On the CIBO platform, the prices for the listed products and services are set exclusively by our Vendors, who are responsible for setting prices in accordance with their own policies and commercial practices. Therefore, CIBO acts as an intermediary and does not intervene in setting or modifying prices. In this section, we detail the essential aspects related to the price policy on our platform:

Price Setting

• Vendor Autonomy: Vendors registered on CIBO are responsible for setting the prices of their products. This means that prices reflect the independent decision of each Vendor, based on their own pricing strategies.
• Variability: The prices of products listed on CIBO may vary based on several factors, including, but not limited to, supply and demand, special promotions, season, and other market conditions. Therefore, users may observe price fluctuations for the same product at different times.

Price Transparency

Price Display: All prices for products listed on CIBO are clearly displayed on each product page. Prices are expressed in RON (or the specific currency of the platform) and include any other relevant costs that the vendor chooses to disclose, such as applicable taxes, except for delivery costs, which may be specified separately.

Final Price: The price displayed at the time of order/reservation completion is the final price that the user commits to pay for the product, except for other additional costs (e.g., the fee for using the CIBO platform) which will be transparently communicated during the purchase process.

Price Changes

Updates: The prices of products on CIBO are dynamic and may be modified by Vendors at their discretion, without prior notice. Users are encouraged to check prices before completing a purchase.

Ongoing Orders: Any price changes do not affect orders already placed and confirmed at the price set at the time of purchase.

User Responsibility

Price Verification: Users are responsible for verifying the final price of a product before completing the purchase. By placing an order, users accept the displayed price and the associated terms of sale.

By using the CIBO platform, users acknowledge and accept that the responsibility for setting prices lies entirely with the Vendors and that CIBO does not assume responsibility for the accuracy, fairness, or stability of the prices listed by Vendors on the platform.

User Obligations

By using the CIBO platform, users agree to:

• Use the CIBO platform in compliance with applicable legal provisions and for the purpose for which it was created;
• Place orders in good faith and not make any reservations and/or place any orders if they do not meet the age requirements to enter or consume in the Vendor locations;
• Provide only genuine reviews, in language that is not offensive or insulting, and act in good faith when writing them;

The user declares and guarantees the following:

• The real, complete, and updated nature of the information published by the user on the CIBO platform;
• The user will be solely responsible for any damage caused to CIBO or Vendors, other users, or any third party as a result of abusing the CIBO platform or overloading it; and for publishing or transmitting false, incorrect, incomplete information and will indemnify CIBO for any claims brought by third parties and/or authorities;
• The user will not copy, store, manipulate, reformat, modify, adapt, reproduce, retransmit, distribute, broadcast, display, publish, resell the content of the CIBO platform or the information available within it;
• The user will only use and download materials and/or information that are made available on the site and exclusively for internal use and not for commercial purposes;
• The user does not have the right to use, distribute, modify, transmit, or publish the information obtained by using the site or any of its functions for commercial purposes.

Payment Methods and Transaction Processing

On the CIBO platform, we are committed to providing our users with a safe and convenient shopping experience, including by offering flexible and secure payment methods. In this section, we detail the ways users can make payments for purchased products and the role of payment processors in managing transactions.

Accepted Payment Methods

• Online Payment: Users can pay for products purchased through our platform using various online payment methods, including credit/debit cards, bank transfers, and other forms of electronic payment available through partner payment processors.
• Transaction Security: All transactions made on the CIBO platform are processed through partner payment processors, known for their high standards of security and data protection. This means that your financial details are encrypted and handled with the utmost care, ensuring a secure payment experience.

Role of Payment Processors

• Payment Processing: Payment processors facilitate the processing of all payments made on CIBO, providing advanced technology to ensure transactions are conducted in a secure environment.
• Data Confidentiality: As a payment processor, Netopia strictly complies with data protection and confidentiality regulations, ensuring that your financial information is protected in accordance with industry best practices and standards.

Transaction Completion

• Payment Confirmation: After completing a transaction, users will receive a payment confirmation from the payment processor, along with details of the transaction.
• Transaction Support: If you encounter any issues or have questions regarding the payment process, our customer support team is available to assist you. Additionally, partner payment processors provide support and additional information for managing transactions.

By using the CIBO platform and making payments through approved payment processors, users accept the terms and conditions presented in this section.

Transparency and Communication

• Clear Information: We are committed to ensuring that all costs associated with the purchase and delivery of products are communicated clearly and transparently, without unpleasant surprises at the end of the transaction.
• User Support: If you have questions or concerns regarding delivery costs or other fees, our user support team is available to provide assistance and clarifications.

Return Policy

• Return Period: Users have the right to return products within 14 calendar days from the date of payment and order confirmation, without the need to provide a reason for the return decision.
• Return Conditions: Products must be returned in the same condition in which they were received, unused and in the original packaging. For digital products or services that cannot be returned in their physical state, the return will comply with the specific terms communicated by the vendor.
• The users right to return does not apply to perishable products that expire quickly, such as food or drinks with a very short 'use by' date.

Return Process

Initiating the Return: To initiate the return process, please contact the Vendor, providing details about the product you wish to return and the reason for the return.

Return Instructions: The Vendor will provide you with all necessary instructions for returning the product, including the address to which the product should be sent back, if applicable.

Sending the Product: Users are responsible for sending the product back to the Vendor or the location indicated in the return instructions.

Refund Policy

• Refund Method: Refunds will be made using the same payment methods used for the initial transaction, unless expressly agreed otherwise.
• Refund Timeframe: Refunds will be made without undue delay and, in any case, no later than 14 working days from the date we are informed of your decision to return the product.

Return Policy Exceptions

Certain types of products may be excluded from the right of return, according to applicable legislation or Vendor specifications. These exceptions will be clearly communicated in the product description on the platform.

Technical Support and User Assistance

• Technical Support: If you encounter technical difficulties or need assistance related to using the CIBO platform, our technical support team is ready to help. We can assist you in resolving technical issues, navigating the site, or using platform functionalities.
• General Inquiries: For general questions related to orders, return policy, delivery process, or any other information related to our services, our customer support team is available to provide answers and solutions.

Contact Support

• Email Address: For any type of assistance, please contact us via email at: [email protected] We commit to responding to all requests within a reasonable time frame to ensure you have a pleasant and trouble-free experience.
• Working Hours: Our support team is available during standard working hours, Monday to Friday, to ensure efficient and prompt coverage of all requests.

Our Commitment to Users

• Dedication: We are dedicated to providing high-quality assistance, ensuring that all your questions and concerns are addressed professionally and promptly.
• Feedback: We encourage feedback from our users to continuously improve the services and support offered. Any suggestions or comments are welcome and can be sent to our email address.

User Responsibilities

• Proper Use: Users are responsible for ensuring that the use of the site and its content does not infringe on the rights of others, does not promote illegal activities, and does not cause harm or damage.
• Prohibition of Abuse: It is strictly prohibited to use the platform for fraudulent purposes, to transmit malware, to conduct phishing activities, to harass or abuse other users, and to publish illegal, offensive, or obscene content.

Site Content

• Copyright: All materials and content present on the CIBO site, including texts, graphics, logos, and images, are protected by copyright and are the property of CIBO or its licensors. Use, reproduction, or distribution of this content without explicit permission is prohibited.
• User Contributions: If the site allows users to upload content, it is the responsibility of each user to ensure that the uploaded content does not infringe on copyright or other legal rights and is not harmful or offensive.

Consequences of Non-Compliance

• Disciplinary Measures: Violations of the platform's terms of use may lead to disciplinary measures, including but not limited to, suspension of access to the platform, removal of content posted without compliance with the terms and conditions, and in severe cases, legal action.

Updates and Changes

• Terms Review: CIBO reserves the right to update or modify this section and any other parts of the Terms and Conditions without prior notice. It is the responsibility of users to periodically review the Terms and Conditions for any changes.

No Guarantees

• Content Condition: We do not guarantee the accuracy, completeness, or usefulness of the content presented on the site; nor the reliability of any advice, opinions, statements, or other information displayed or distributed through the CIBO site. Users are responsible for evaluating the content and the risks associated with its use, including the reliability of any information obtained from the site.
• Site Operation: We do not guarantee the uninterrupted or error-free operation of the site and are not responsible for any temporary unavailability of the site due to technical issues beyond our control.

Limitation of Liability

• Potential Damages: We are not responsible for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the site or its content, even if CIBO or an authorized representative has been advised of the possibility of such damages.
• Third-Party Interactions: The CIBO site and application may include links to third-party sites or content provided by third parties. We are not responsible for the content, policies, or practices of third-party sites and recommend reviewing the terms and conditions and privacy policies of each site accessed through our links.

Risk Acknowledgment

• Risk Acceptance: Using the CIBO site is at the user's own risk. Understanding and accepting this aspect is essential for all users who choose to access and use our platform.

Acceptance of Changes

• Continuous Use: Continued use of the CIBO site after any changes to the terms and conditions constitutes your acceptance of these changes. We encourage you to periodically review this page to stay informed about the latest information regarding the site's terms of use.
• Notification: Although we are not obligated to provide prior notifications of changes, we strive to offer a reasonable degree of transparency and inform users about significant changes that may affect their experience on the site.

Legislation. Jurisdiction. Alternative Dispute Resolution

The terms and conditions of use of the CIBO site, as well as any dispute or claim arising from or related to these terms (including non-contractual disputes or claims), are governed and interpreted in accordance with Romanian law.

Exclusive Jurisdiction

• Competent Courts: Any disputes related to these terms and conditions will be subject to the exclusive jurisdiction of the courts in Romania. This means that the dispute resolution process will be conducted in accordance with the legal procedures established in Romania.
• User Agreement: By using the CIBO site, users agree to the mentioned jurisdiction and legislation, acknowledging that it will govern any disputes that may arise in connection with the use of the platform.

Users have the possibility to file a complaint and request its resolution with the help of an independent dispute resolution entity, using an online tool developed by the European Commission, through the ODR platform (available at https://ec.europa.eu/consumers/odr) for all users located in the European Union.

By accessing and using the CIBO site and/or application, you agree to the Terms and Conditions detailed in this document, including the sections on changes, legislation, and jurisdiction. We are committed to maintaining open communication with our users and providing clarity and transparency in all aspects related to our services.