Public Offer Agreement

on distance sale/provision of services and use of the runto.rest information platform/provider

Last Update: 26.08.2025 22:02:34

This document constitutes a public offer within the meaning of applicable law and is addressed to an indefinite number of persons—consumers (the "User") and partners—restaurants/cafés/shops, etc. (the "Establishment"). By accepting this offer (performing the actions specified in Section 3), the User and the Establishment agree to the terms below.

1. Terms and Definitions

1.1. Platform/Operator — Runtorest. Inc, reg. No. 000000001, address: ბათუმი, დემეტრე თავდადებულის 16, e-mail: support@runto.rest, which owns and administers the runto.rest information service and related domains and/or applications.

1.2. Establishment — ი/მ ნინა კუზმენკო, reg. No. 306464359, address: ბათუმი, ირაკლი აბაშიძის ქუჩა, 6, e-mail: milevskiicoffeeandbar@gmail.com — a legal entity or sole proprietor that places offers for food/retail goods and services on the Platform and concludes the contract with the User. The Establishment is responsible for the quality, safety, completeness, timing and other mandatory requirements applicable to the goods/services.

1.3. User — a legally capable natural person placing an order through the Platform for their own purposes (household, non-business use).

1.4. Courier Service/Delivery Service — a delivery service provider independent from the Platform and the Establishment, operating under its own public offer/terms.

1.5. Pick-up Point — the Establishment's address or another address indicated by the Establishment as the place of handover of the order to the User/courier; it is simultaneously the place of performance of the Establishment's obligation to hand over the order.

1.6. Order Composition — the list of goods/dishes, their quantity, characteristics (e.g., weight/volume, preparation options), packaging, as well as performance conditions (time of readiness, method of handover) and the total price.

1.7. Data Update — automatic/manual synchronisation of the Establishment's assortment, prices, descriptions, availability statuses and sales conditions on the Platform, as well as technical retransmission of such data to external partner showcase resources (if connected).

1.8. Payment Service/Acquiring Bank — the Establishment's credit/payment institution ensuring payment acceptance. The Platform does not process or store the User's payment data.

1.9. Pre-authorisation (hold) — temporary blocking of funds by the Acquiring Bank until confirmation/cancellation of the order in accordance with the rules of the payment system.

1.10. Establishment Offer — the Establishment's proposal to conclude a retail sale/service contract on the terms of the product/menu page and this document.

2. Subject Matter and Legal Status of the Parties

2.1. The Platform provides Establishments with an information service for publishing offers, placing preliminary orders and issuing notifications, as well as technical integrations (including assortment updates), without acting as the seller/service provider and without participating in settlements, except where expressly provided under any additional agreements (if any).

2.2. The sale/service contract is concluded directly between the User and the Establishment. The Establishment bears full responsibility to the User for quality, safety, timing, completeness, conformity with description and other mandatory requirements, as well as for handling complaints.

2.3. Delivery. Delivery of the order is organised by the Establishment through an independent contractor—the Courier Service. The Establishment is responsible to the User for timely handover of the order to the Courier Service and for proper packaging/labelling with due regard to food safety. Liability for the actual carriage and the courier's conduct is governed by the Establishment's contract with the Courier Service and the Courier Service's own terms; claims for damage in transit are reviewed by the Establishment jointly with the Courier Service, with the Establishment ensuring resolution.

2.4. The Platform carries out a basic verification of Establishments (verification of details/contacts) prior to publication, but does not guarantee the accuracy of all information and does not control the actual actions of the Parties. To the extent permitted by applicable law, the Platform limits its liability as set out in Section 12.

3. Offer Acceptance and Contract Formation

3.1. The User's acceptance of the offer is deemed to occur upon any of the following actions: clicking the "Place Order"/"Pay" button (the button is labelled in a clear and legible manner indicating an obligation to pay), paying a pre-authorised amount, or actually receiving the order. From acceptance, the contract between the User and the Establishment is deemed concluded under the Establishment Offer and this document.

3.2. For the Establishment, acceptance of the Platform's terms occurs upon: registering an account, uploading the assortment, enabling "for sale" status, integrating with the payment service, or actually accepting orders via the Platform.

3.3. Electronic actions performed in the account and/or on the order page constitute simple electronic signatures of the respective persons.

4. Publication of Offers and Data Updates

4.1. The Establishment independently forms and updates its assortment, descriptions, conditions and prices. The Establishment warrants the accuracy and timely updating of information and provides the mandatory pre-contractual information to the consumer: trade name and contacts, total price including taxes and fees, separate delivery charges (if any), delivery and payment terms/times, cancellation/returns rules, whether a right of withdrawal exists and any applicable exceptions, and information on allergens and composition (where applicable).

4.2. Data published by the Establishment on the Platform may be automatically retransmitted to external partner resources for broader dissemination. Updating of external resources may take up to 30 calendar days. In case of discrepancies, the offer on the Establishment's page on the Platform prevails.

4.3. The Establishment ensures that food information complies with EU law and the local law of Georgia (including information on allergens for non-prepacked dishes/products) and its national implementation. The Platform provides technical means to display the relevant fields and allergen indicators.

4.4. The Platform ensures the technical ability to synchronise but is not liable for failures of external resources and update delays outside its control.

5. Pricing and Prohibition on Price Increases

5.1. The Establishment sets prices and charges independently. The order price displayed at checkout is final and may not be increased by the Establishment after the User's acceptance. Prices are shown including all taxes (VAT) and mandatory charges; delivery charges (if any) are shown separately and clearly.

5.2. The Establishment may reduce the price (e.g., apply a discount) by lowering item prices—with automatic notification to the User. When announcing discounts, the Establishment complies with EU and local law of Georgia on transparency of price reductions (indication of the lowest prior price over the previous 30 days, where applicable, subject to national implementation).

5.3. Delivery charges are determined by the Courier Service/the Establishment's contract with it and are displayed at the delivery-method selection stage.

6. Placing an Order

6.1. The Establishment provides the Platform with up-to-date assortment, prices and performance conditions (time of readiness, pick-up point hours, delivery limitations).

6.2. The User reviews the Establishment's offer, builds the basket, and selects the method of receipt: reservation on premises, pick-up, or delivery organised by the Establishment via the Courier Service.

6.3. The User provides contact details, delivery address (for delivery), consent to the terms, preferred time of readiness/collection, and consents to notifications by e-mail/SMS/messenger.

6.4. The Establishment may review the order and: confirm it, propose a substitution/adjustment, or refuse performance (e.g., due to lack of ingredients/stock).

6.5. The User may cancel the order until the moment the order is handed over to the Courier Service/handed over at the pick-up point. After handover, returns/exchanges are governed by consumer law and the Establishment's Returns Policy (Appendix No. 1).

7. Payment

7.1. After the Order Composition is confirmed, the User is redirected to the Acquiring Bank's payment page to enter payment credentials. The Platform and the Establishment do not receive or store the User's full payment data.

7.2. Payment authentication is carried out under the rules of the payment system and PSD2 requirements (SCA — Strong Customer Authentication). A pre-authorisation of the order amount may be applied until confirmation/cancellation.

7.3. If delivery is paid together with the order in a single payment, the Establishment includes delivery cost in the order price and settles with the Courier Service under its contract.

7.4. The invoice is issued by the Establishment and/or the Courier Service under applicable law and the country of performance. A fiscal receipt and/or VAT invoice is issued by the Establishment and/or the Courier Service upon payment against invoice, according to applicable law and the country of performance.

8. Handover of the Order and Delivery

8.1. Pick-up. The Establishment shall have the order ready for collection at the indicated time and ensure storage until handover for at least 30 minutes. The place of performance is the Pick-up Point. In case of delay, the User may require a proportionate price reduction/reimbursement of expenses or termination of the contract—to the extent provided by EU law and Georgia.

8.2. Delivery. The Establishment organises delivery via a contractor Courier Service. The Establishment informs the User about handover to the Courier and provides tracking/support contacts of the contractor (if available via API). The risk of accidental deterioration passes to the User upon actual handover of the order to the User or the User's authorised person; upon handover to the Courier, risk allocation follows the Establishment's contract with the Courier Service, but the Establishment remains responsible to the consumer for proper delivery performance to the extent of mandatory consumer law.

8.3. The order page displays statuses: confirmed, in preparation, ready, handed to courier/in transit, delivered, cancelled, as well as route/track (if available via the Courier Service API).

8.4. In case of delay, the Establishment promptly notifies the User and, where necessary, agrees a new time, a discount, or cancellation with a refund.

9. Cancellations and Returns

9.1. Before handover/collection. The User may cancel the order via the account/order page or by calling the Establishment's support: +995 593652170. In such case, the pre-authorisation (hold) is released and paid funds are refunded in full.

9.2. EU consumer rights for distance contracts. The User (consumer) has a 14-day right of withdrawal without giving reasons from receipt of the goods/conclusion of a service contract, except for cases set out in EU law and its national implementation, in particular: goods liable to deteriorate or expire rapidly (food/ready meals); sealed goods not suitable for return for health/hygiene reasons if unsealed; catering/restaurant services for a specific date/period; and other exceptions provided by EU/member-state consumer law.

9.3. For issues of quality/completeness, the lack of conformity regime applies: within the minimum two-year legal guarantee (where applicable), the User may require bringing into conformity, price reduction or termination—according to EU and national law terms and procedures.

9.4. Grounds, deadlines and the form of requests (web form/e-mail/address of pick-up), as well as the list of non-returnable categories, are published by the Establishment in its Returns Policy (Appendix No. 1) in line with the law of the country of performance.

10. Claims Handling and Support

10.1. Before going to court, the Parties shall observe a claim procedure: send a request by e-mail and/or via the Platform interface. Response time — 14 business days.

10.2. Alternative Dispute Resolution (ADR). The User is informed of the possibility to contact a national ADR body in their country of residence/performance. The current list of ADR bodies and application procedure is available on the EU Commission consumer resource: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_en

10.3. Contacts: Establishment: Email: milevskiicoffeeandbar@gmail.com, phone: +995 593652170, address: ბათუმი, ირაკლი აბაშიძის ქუჩა, 6. Courier Service: https://explore.wolt.com/en/geo/terms. Platform (tech support): support@runto.rest (questions about website/app operation; not about product/delivery quality).

11. Intellectual Property and Content

11.1. Rights in the Platform's software, design and logos belong to the Operator.

11.2. The Establishment grants the Platform a non-exclusive licence to use its trademarks, photos, descriptions and other materials for placement and promotion on the Platform and partner resources for the term of cooperation.

11.3. The Establishment warrants that the materials posted do not infringe third-party rights; otherwise, the Establishment will resolve asserted claims independently and compensate the Platform's losses.

12. Liability and Limitations

12.1. The Establishment bears full responsibility to the User for the quality/safety of goods/services, compliance with deadlines, accuracy of prices and information, and for handling complaints and returns. The Establishment also organises delivery and is responsible for its proper performance to the consumer, interacting with the Courier Service.

12.2. The Courier Service is responsible for the provision of delivery/transport services to the Establishment and the User within the scope of its offer/contract with the Establishment.

12.3. The Platform acts as an information intermediary (provider of an information society service) and is not liable for: (i) acts/omissions of Establishments and Courier Services; (ii) accuracy and timeliness of information posted by Establishments; (iii) interruptions caused by third parties and/or force majeure. The Platform's liability cap is the amount of documented direct damages but not exceeding the full order value, unless mandatory law provides otherwise.

12.4. Nothing in this Section limits consumer (User) rights or liability that cannot be limited by law.

13. Personal Data and Privacy

13.1. Personal data processing is carried out by the Establishment and the Platform as independent controllers within the meaning of the GDPR. Each party determines purposes/means of processing within its area of responsibility and provides a Privacy Policy (https://milevskii.ge/policy) with the required information for data subjects (Arts. 13/14 GDPR).

13.2. Payment credentials are processed by the Acquiring Bank as a separate controller/payment provider; the Platform and the Establishment do not have access to full card data (except for tokens/transaction identifiers).

13.3. The Parties ensure compliance with the principles of Art. 5 GDPR (lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; accountability), enable data subject rights (access, rectification, erasure, restriction, portability, objection) and security measures, and conclude necessary data processing agreements (DPAs) when engaging processors.

14. Anti-Fraud, Compliance and EU Rules for Online Platforms

14.1. The Platform may suspend publication of offers, cancel orders and/or restrict access in case of suspected fraud, unlawful acts or third-party rights infringement, notifying the Establishment and/or the User.

14.2. DSA (Regulation (EU) 2022/2065). As a provider of intermediary services, the Platform complies with DSA requirements, including transparent terms, notice mechanisms for illegal content and reasoned notices when restricting content/accounts.

14.3. P2B (Regulation (EU) 2019/1150). In relation to Establishments, the Platform ensures transparency of terms of cooperation, including a description of the main parameters of ranking and whether any preferential treatment of its own services applies.

14.4. Geo-blocking (Regulation (EU) 2018/302). Unjustified discrimination of Users based on nationality/residence is prohibited; geographic restrictions are permissible only for objective reasons (delivery areas, logistics, legal prohibitions) and must be clearly indicated on the Establishment's page.

14.5. Price & reviews (Directive (EU) 2019/2161). When announcing discounts, the Establishment follows transparency rules (indication of the lowest prior price in the previous 30 days, where applicable) and discloses whether measures are taken to ensure the authenticity of reviews.

14.6. Allergens and food information (Regulation (EU) 1169/2011). The Establishment must provide information on allergens and other mandatory food information applicable to its operations; the Platform displays the data provided by the Establishment.

15. Force Majeure

The Parties are released from liability for partial/total non-performance caused by force majeure circumstances, confirmed by a competent authority, for the duration of such circumstances.

16. Term, Amendments and Termination

16.1. This Offer is valid indefinitely until withdrawn by the Platform/the Establishment. Amendments are published on the Platform and take effect as of the indicated publication date, unless stated otherwise.

16.2. The User is deemed notified of amendments upon publication; placing new orders after publication signifies consent to the amendments.

16.3. The Establishment may cease publishing offers by notifying the Platform 14 calendar days in advance; orders already accepted for performance are fulfilled on the previous terms.

17. Applicable Law and Dispute Resolution

17.1. Where the User is a consumer, the mandatory consumer protection rules of the country of the User's residence apply, regardless of any choice of law in this agreement. In all other respects, the law of Georgia applies.

17.2. Competent courts: a consumer may bring claims in the courts of their place of residence; claims against a consumer may be brought only in the courts of the consumer's place of residence. For disputes between the Establishment and the Platform, the courts at the place of incorporation of the respective defendant are competent, unless otherwise agreed in writing.

17.3. The Parties will seek to resolve disputes through negotiations and ADR under Section 10 prior to court proceedings.

18. Final Provisions

18.1. Invalidity of any provision shall not render the entire agreement invalid; such provision is replaced by a valid one closest in meaning.

18.2. Communications and notices are made electronically (account, e-mail, SMS, messengers) and have the legal effect of a simple electronic signature of the sender.

18.3. Language version: English. In case of translation discrepancies, English prevails.

19. Details and Contacts

Platform Operator:
Name: Runtorest. Inc
Reg. No./VAT: 000000001
Address: ბათუმი, დემეტრე თავდადებულის 16
E-mail: support@runto.rest
Tel.: +995 598780178

Establishment:
Name: ი/მ ნინა კუზმენკო
Reg. No./VAT: 306464359
Address: ბათუმი, ირაკლი აბაშიძის ქუჩა, 6
E-mail: milevskiicoffeeandbar@gmail.com
Tel.: +995 593652170

Courier Service (if specified in the order):
Name: Wolt Georgia LLC
Link to offer/terms: https://explore.wolt.com/en/geo/terms
Support: support@wolt.com

Appendix No. 1. Returns and Exchanges Policy

1) Grounds for returns/exchanges: defined under applicable EU/member-state consumer law.

2) Time limits for requests: days from purchase/receipt, unless otherwise provided by law.

3) How to submit a request: by e-mail milevskiicoffeeandbar@gmail.com / by phone +995 593652170.

4) Refund method and timing: to the same card/account used for payment, within 7 business days, in accordance with the rules of the payment system.

5) Exclusions: see App No.3.

6) Responsibility for non-conformity/quality: the Establishment—within the limits of law; for damage during carriage—Courier Service.

Appendix No. 2. Privacy Policy Addendum

1) Data categories: account identifiers, contact details, order history, technical logs, cookies.

2) Purposes: order processing, communications, performance of obligations, analytics, security and fraud prevention.

3) Legal bases: contract performance, legitimate interests, consent where required.

4) Disclosures to third parties: Acquiring Bank, Courier Service, IT infrastructure providers.

5) Retention period: for as long as necessary for the purposes and as required by law.

6) Data subject rights: access, rectification, erasure, restriction, withdrawal of consent; contact for requests: support@runto.rest.

Appendix No. 3. Non-returnable product categories

For distance contracts under Directive 2011/83/EU — Article 16 (with practical notes)

This appendix sets out categories for which the right of withdrawal (return) does not apply or may be lost under Article 16 of Directive 2011/83/EU, subject to national implementation. Specific national public-health, safety or fiscal rules may impose additional restrictions. This is a practical compliance aid and not legal advice.

1. Foodstuffs

2. Medicines and medical products

3. Personal hygiene items

4. Perfumery, cosmetics and household chemicals

5. Textiles and clothing

6. Children’s goods

7. Complex electronic/technical goods

8. Jewellery and precious items

9. Printed matter

10. Digital goods and intellectual-property products

11. Building and household materials

12. Live organisms

Note: Always verify national implementation and any sector‑specific rules (e.g., medicines, tobacco, alcohol, children’s products).