Terms of sale through the pizzahut-ru internet website
TERMS OF SALE THROUGH THE PIZZAHUT-RU INTERNET WEBSITE
A Customer is a legally competent individual who places Orders through the www.pizzahut.ru site, or who is indicated as the recipient of Goods, or who uses the Goods purchased at www.pizzahut.ru solely for personal, family, household or other needs unrelated to business activities.
The Seller is Yum Restaurants Russia LLC.
The Site is the Seller's Internet website at www.pizzahut.ru. It presents the goods that the Seller offers to its Customers for placing Orders and sets out the terms of payment and delivery of these Orders to Customers.
Goods are products in the range presented on the Site in apps for iOS, Android, vk.com, facebook.com or others.
An Order is the Customer's duly placed request for delivery to the specified address of the list of Goods selected on the Site in apps for iOS, Android, vk.com, facebook.com or others.
Delivery Service means the Seller's employees or a third party under contract with the Seller delivering Customers' Orders.
An External Site is an Internet website with a link placed on the www.pizzahut.ru website.
1. General Provisions
1.1. The Site belongs to and is administered by Yum Restaurants Russia LLC.
1.2. By ordering Goods through the Site, the Customer agrees with the Terms of Sale of Goods. General Provisions (hereinafter the Terms) stated below.
1.3. These Terms and information on the Goods offered on the Site are not a public offering in accordance with Art. 435 and Part 2 of Art. 437 of the Civil Code of the Russian Federation.
1.4. The provisions of Federal Law of the Russian Federation No. 2300-1 "On Consumer Protection" of February 7, 1992 and other laws passed pursuant to it shall apply to relations between a Customer and the Seller.
1.5. The Seller reserves the right to amend these Terms, for which reason the Customer shall regularly monitor the amendments in the Terms placed in the "Terms of Service" section.
1.6. The Customer agrees with the terms by clicking on the "Confirm order" button at the final stage of placing an Order on the Site.
2. Registering on the Site
2.1. The Customer must register on the Site in apps for iOS, Android, vk.com and facebook.com.
2.2. The Seller is not responsible for the accuracy and correctness of the information the Customer provides during registration.
2.3. The Customer shall not share the username and password specified during registration with third parties. If the Customer has any suspicions concerning the security of his username and password or possible unauthorized use by third parties, the Customer shall immediately notify the Seller of this by sending an email to the Customer Relations Department.
3. Placing and Time for Filling an Order
3.1. The Customer may place an Order as follows: by telephone or by the Customer himself on the Site. The details of placing an Order are described in the "How to Order" section.
3.2. The Customer shall provide the following information when placing an Order:
• full name of the Customer or recipient of the Order;
• the delivery address for the Order;
• a contact telephone number.
3.3. After placing an Order, the Customer receives information on the status of filling the Order and the expected delivery time of the Order.
3.4. Orders are delivered daily from 10:30 to 23:30.
3.5. All information presented on the Site is for reference only and may not convey complete and accurate information on the qualities and characteristics of the Goods, including color, size, taste, shape, smell and others.
4.1. Methods for delivering the Goods are given on the Site in the "How to Order" section.
4.2. The delivery area is determined by the area of business activities of each particular Pizza Hut restaurant. You can check whether the intended delivery address is within a Pizza Hut service area on the Site in apps for iOS, Android, vk.com, facebook.com or others by entering the exact address in the "Check Delivery Address" section.
4.3. The Seller shall make every effort to meet the delivery times indicated on the Site; however, delivery may be delayed by unforeseen circumstances beyond the Seller's control.
4.4. The risk of accidental loss or damage of the Goods shall pass to the Customer from the time the Order is delivered to him and the recipient of the Order signs the documents confirming delivery of the Goods. If the Goods are not delivered, the Seller shall refund the cost of the Customer's prepaid order and delivery to the Customer after receiving confirmation of loss of the Order from the Delivery Service.
4.5. The delivery cost for each Order is 99 rub. for Moscow, 299 rub. for Saint Petersburg, 79 rub. for Izhevsk. Orders of 600 rubles or more are delivered free of charge.
4.6. On delivery of the Order, it shall be handed over to the Customer or the person indicated as the Recipient of the Order. If the persons indicated above are unable to receive a cash Order, the Order shall be handed over to a person willing to provide information on the order (delivery number and/or the Recipient's full name) and pay the full cost of the Order to the person delivering the Order.
4.7. In order to prevent fraud and in fulfillment of the obligations assumed in Clause 4.6, the person delivering the Goods shall be entitled to request an identity document from the Recipient on handing over a prepaid Order, and to enter the type and number of the document provided by the Recipient in the receipt for the Order. The Seller guarantees the confidentiality and security of the Customer's personal information (Clause 9.3.1).
4.8. When the Order is delivered, the Customer shall inspect the outside and packaging of the Order and check the quantity, completeness and product range of Goods in the Order.
5. Payment for Goods
5.1. The price of the Goods is listed on the Site. If the price for the Goods ordered by the Customer is shown incorrectly, the Customer shall inform the Customer of this as soon as possible in order to confirm the Order at the corrected price or to cancel the Order. If the Customer cannot be contacted, this Order shall be considered canceled. If the Order has been paid, the Seller shall refund the amount paid for the Order to the Customer by the same means the Customer used to pay for the Goods.
5.2. The Seller may unilaterally change the price of the Goods. The price of the Goods is indicated at the final stage of placing the Order and is valid at the time the "Confirm order" button is clicked. The price for the Goods ordered by the Customer is not subject to change at this point.
5.3. Payment methods for the Goods are given on the Site in the "How to Order — Payment Methods" section. The method selected by the Customer from the available payment methods on placing an Order shall be considered the agreed payment method.
5.4. Payment for Goods with bank cards.
5.4.1. In accordance with regulation of the Central Bank of the Russian Federation No. 266-P "On the Issue of Bank Cards and Transactions Made with the Use of Payment Cards" of December 24, 2004, bank card transactions shall be made by the card holder or a person authorized by him.
5.4.2. The Customer shall provide an identity document when paying for ordered Goods with a bank card, except for payment with a non-personalized bank card.
5.4.3. Procedure for paying with bank cards on www.pizzahut.ru: Select "ONLINE CARD PAYMENT" in the "PAYMENT METHOD" item in order to pay for Goods with a card on the page for placing orders on www.pizzahut.ru. Payment is made through the authorized server of the Bank Processing Center using Bank Credit Cards of the following payment systems: VISA International and MasterCard Worldwide. The minimum order for online payment is 90 rubles.
Description of the data transfer process
In order to make a payment, you will be required to send your plastic card data. This information is transferred in compliance with all necessary security measures. The data will be sent only to the Bank's authorized server through a secure channel (SSL 3.0 protocol). Information is transferred in encrypted form and saved on a dedicated payment system server.
Description of the payment process
Payment for an Order is made immediately after it is placed when payment by plastic card is selected. After you have finished placing an order on the Site, select "ONLINE CARD PAYMENT" in the "PAYMENT METHOD" item and click on the "PLACE ORDER" button. The system will redirect you to the authorized server page, where you will be asked to enter the plastic card data, initiate authorization or cancel the online card payment process, then to go to the page for confirming the order and tracking its status. The system will notify you of the authorization results. If authorization is confirmed, your order will be automatically filled according to your specified terms.
Canceling an order
To cancel an order after confirmation of an online card payment, go to the homepage of www.pizzahut.ru and enter the telephone number you gave when you placed the order in the "URGENT QUESTION ON AN ORDER" field, and wait a few minutes for a call from the restaurant to cancel the order. Frozen funds on the card will be released immediately or within a specified time according the regulations of the Bank that issued the card.
5.4.4. The bank authorizes bank card transactions. If the bank has any reason to believe that a transaction is fraudulent, it shall have the right to refuse to process this transaction. Fraudulent bank card transactions fall within the scope of Article 159 of the Criminal Code of the Russian Federation.
According to Article 159 of the Criminal Code of the Russian Federation, stealing another person's property or breach of trust is considered fraud and is punishable by a fine of up to 120,000 rubles or the amount of the offender's salary or other income for a period of up to 1 year, or up to 180 hours of compulsory community service, or from 6 months to 1 year of correctional work, or 2 to 4 months of detention or imprisonment for up to 2 years.
5.4.5. In order to prevent various forms of illegal use of bank cards for payment, the Seller shall verify all Orders placed on the Site and prepaid with a bank card. The Seller reserves the right to cancel an Order without explanation. Cost of an Order refunded to a bank card holder.
5.4.6 Bank card payments are made through the ASSIST system, a multibank system for online payments with plastic and virtual cards that enables real-time authorization and processing of transactions. Security of payments in the ASSIST system is ensured by the SSL protocol for transferring confidential information from a customer to the ASSIST server for further processing. Further processing is carried out on secured banking networks with a higher level of protection. Confidential information received from a customer (card details, registration data, etc.) is handled in the processing center. Therefore, no one, even the Seller, may obtain a Customer's personal and banking information, including information on purchases made in other stores. The SSL 3.0 protocol is used to protect information from unauthorized access when it is transferred from the Customer to the ASSIST server. A server certificate (128 bit) is issued by Thawte, a recognized center for issuing digital certificates. Please note! For improved security, payment may currently only be made with cards participating in the 3D-Secure program (check with your bank).
6. Return of Goods
6.1. Returning goods of the proper quality
6.1.1. The Customer shall not be entitled to refuse Goods of the proper quality.
6.2. Returning substandard goods
6.1.2. The Customer may return substandard goods to the manufacturer or the Seller and request a refund of the paid amount during the shelf life of the Goods. The Customer may also request replacement of substandard goods or correction of the defects.
6.2.2. If the Customer repudiates the agreement and files a claim for a refund of the amount paid for the Goods according to Clause 6.2.1 of the Terms, the Seller shall refund the cost of the Goods to the Customer within 10 days of receiving the Customer's written statement.
6.3.1. Refunds shall be made by the same method the Customer used in paying for the Goods.
6.3.2. If a refund is not made at the time the Customer returns the Goods, the Seller shall refund the specified amount by one of the following methods with the Customer's consent:
а) in cash at the Seller's location;
b) by a postal money order;
c) by transferring the corresponding amount to the Customer's bank or other account as specified by the Customer.
6.4. Course of action if the Seller violates the terms for the ordered product range (incorrect grading)
6.4.1. If Goods that are inconsistent with the ordered product range (incorrect grading) are discovered in the Order, the Customer shall be entitled to refuse these Goods when the Order is delivered and request replacement of the Goods with those specified in the Order or a refund on the undelivered Goods.
6.4.2. Goods delivered to the Customer that are inconsistent with the ordered product range shall be returnable to the Seller. If the Customer accepts these Goods, the Seller shall be entitled to request payment from the Customer for these Goods at the Seller's specified price for these Goods on the Site at the time the Goods were delivered. If the Goods actually delivered are not available in the Seller's product range offered on the Site when the Goods are delivered, payment for these Goods shall be made at the price agreed with the Seller.
6.4.3. If Goods cannot be replaced, the Seller shall notify the Customer at the telephone number indicated by the Customer on placing the Order, and the amount actually paid for the undelivered Goods shall be refunded according to the procedure in Clause 6.4.4.
6.4.4. The amount paid by the Customer for Goods that were not actually delivered shall be refundable within 10 days of receipt of the Customer's written request for a refund. A refund of the amount paid for the Goods shall be made by the same method as the payment.
6.5. Course of action if the Seller violates the terms for quantity
6.5.1. The Customer shall verify the quantity of Goods in the Order when the Order is delivered. If the Customer discovers discrepancies in the quantity of Goods in the Order on delivery, the Customer shall prepare a Quantity Discrepancy Certificate in the present of a representative of the Seller or the carrier.
6.5.2. If the Seller has sent the Customer a smaller quantity of Goods than specified in the order (shortage), on delivery of the Order, the Customer shall be entitled to accept the Goods to the extent corresponding to the Order and request delivery of the undelivered Goods if these Goods have been paid for, or to refuse to accept the order to the extent of the undelivered Goods and request a refund of the amount paid for the undelivered Goods.
6.5.3. The amount paid by the Customer for undelivered Goods is refundable within 10 days of receipt of the Customer's written request for a refund and the Quantity Discrepancy Certificate (Shortage Certificate) prepared according to Clause 6.5.1. A refund of amount paid for the Goods shall be made by the same method as the payment.
6.5.4. If the Customer breaches Clause 6.5.1 with respect to preparing the Certificate, the Seller shall be entitled to reject the Customer’s claim against the quantity of the delivered Goods.
6.6. Detailed information on the procedure for filing claims against quality and for return of the Goods is given here.
7. Intellectual Property
7.1. All text information and graphics on the Site are the property of the Seller and/or its contracting parties.
8. Warranties and Liabilities
8.1. The Seller shall not be liable for damage caused to the Customer resulting from improper use of Goods ordered on the Site.
8.2. The Seller is not responsible for the content and performance of External Sites.
8.3. The Seller shall be entitled to assign or otherwise transfer its rights and obligations arising from its relations with the Customer to third parties.
8.4. The Customer shall not use ordered Goods for business purposes.
9. Confidentiality and Security of Personal Information
9.1. Information provided by the Customer
9.1.1. The Customer shall provide the following information when registering on the Site in apps for iOS, Android, vk.com, facebook.com or others: first and last names, email address and password for the Site.
9.2. In providing his personal information when registering on the Site, the Customer agrees to allow the Seller to process it, including for the purposes of promoting the Seller's goods and services.
9.1.2. A Customer who does not want his personal information processed must contact the Sellers's Customer Relations Department through the Feedback form on the Site. In this case, all information obtained from the Customer (including his username and password) is deleted from the Seller's customer base and the Customer will not be able to place Orders on the Site.
9.3. Use of information provided by the Customer and obtained by the Seller.
9.3.1 The Seller shall use the information to:
• register the Customer on the Site in apps for iOS, Android, vk.com, facebook.com or others;
• fulfill its obligations to the Customer;
• evaluate and analyze the performance of the Site in apps for iOS, Android, vk.com, facebook.com or others;
• determine the winner in promotions run by the Seller.
9.3.2. The Seller shall be entitled to send the Customer promotional messages. A Customer who does not want to receive mailings from the Seller must change the corresponding subscription settings in the "User Account" section. The Customer's username and password are required for access.
9.4. Disclosure of information obtained by the Seller
9.1.4. The Seller shall not disclose information obtained from a Customer. Provision of information by the Seller to agents or third parties acting under contract with the Seller for fulfill obligations to a Customer shall not be considered a violation.
9.4.2. Disclosing information pursuant to reasonable and valid demands of the law shall not be considered a violation.
9.6. The Seller obtains information on the IP address of a visitor to www.pizzahut.ru. This information shall not be used to identify the visitor.
9.7. The Seller shall not be liable for losses the Customer may incur if his username and password become known to a third party.
9.8. If the Seller has reason to suspect that a third party or malware is using the Customer's account, the Seller shall be entitled to unilaterally change the Customer's password.
10.1. Russian Federation law shall be applied to relations between the Customer and the Seller.
10.2. A Customer who has any questions or complaints must contact the Sellers's Customer Relations Department through the Feedback form on the Site. The parties shall try to settle any disputes through negotiations. If an agreement cannot be reached, the dispute shall be referred to a court for examination in accordance with current laws of the Russian Federation.
10.3. If the court declares any provision of these Terms and rules null and void, this shall not nullify the remaining provisions.
Conditions for Receiving Advertising Messages from Pizza Hut
By checking the field "I want to receive the latest news from Pizza Hut" on the Pizzahut.ru site, the Customer consents to receiving advertisements and promotional messages (mailings) from the Seller, Yum Restaurants Russia LLC, in the form of emails (including messages sent to the email address indicated when placing an order or registering on the site), sms messages and other kinds of messages through telecommunication networks, including by telephone, fax, mobile wireless communication and data communication networks (including a mobile phone, to the number indicated when placing an order or registering on the site), and by using social media and other Internet websites, on any of the Seller's future promotions, news, discounts, activities and other possible information for an unlimited period.
The Customer hereby confirms that the email address provided to the Seller and indicated when placing an order or registering on the site belongs to this Customer, and that the telephone number provided to the Seller and indicated when placing an order or registering on the site is the telephone number allocated to the Customer by the service provider. The Customer shall compensate the Seller in full for any damage that may be caused by indicating incorrect data when placing an order or registering on the site.
The Customer may stop receiving promotional messages at any time by notifying the Seller at the following email address: email@example.com.