Statute

STATUTE

These regulations specify the conditions for placing and processing orders via the website at https://ekogram.pl

CHAPTER I. DEFINITIONS:

 

The terms used in these Regulations mean:

  1. Seller - Mr. Michał Pelc running a business under the name Michał Pelc ANAGRAM at the following address: ul. Wiarusa 3/3, 32-087 Zielonki, in accordance with the entry in the Central Economic Register and Information of the Republic of Poland supervised by the Minister of Development and Technology, the authority making the entry Seller to CEiDG: Zielonki Commune Office, NIP: 513-010-81-41, REGON: 121084300 contact telephone number for handling online orders: +48 12 418 38 38, every day on working days from 7:00 a.m. to 3:00 p.m. (connection fee according to the tariff of the operator the User uses), email: kontakt@ekogram.pl ;
  2. Online store - online platform run by the Seller in Polish at the URL: https://ekogram.pl enabling the conclusion of Sales Agreements;
  3. Ordering Party - an adult natural person who has legal capacity (which also includes the Consumer-Entrepreneur), a legal person or an organizational unit that is not a legal person, which is granted legal capacity by special provisions, placing an Order in the Online Store;
  4. User – any person using the Online Store website;
  5. Product or Products – Bio products, herbs, spices, teas, loose products, dried fruits, stones, grains, seeds, oils, cosmetics and other ecological products offered by the Seller for retail sale in the Online Store;
  6. Product Page – a single subpage in the Online Store, which presents detailed information about the Product;
  7. Price - the gross price of the Product placed next to the information about the Product, but does not include the costs of delivering the Product to the Ordering Party;
  8. Order - a declaration of will by the Ordering Party submitted via the Online Store, indicating a Product or a set of Products specified for implementation by the Ordering Party, in accordance with these Regulations;
  9. Working days - days of the week from Monday to Friday, excluding public holidays;
  10. Sales Agreement - a Product sales agreement within the meaning of the provisions of the Civil Code concluded between the Seller and the Ordering Party using the Online Store, i.e. concluded by means of distance communication;
  11. Consumer - a natural person concluding a legal transaction with the Seller that is not directly related to his business or professional activity, as defined in Art. 22 (1) Civil Code;
  12. Consumer-Entrepreneur - a person running a sole proprietorship business A sales contract directly related to her business or professional activity, but not of a professional nature , resulting in particular from the subject of her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity;
  13. Place of collection - commercial facility run by the Seller at the following address: Plac Na Stawach 10, 30-107 Kraków, where personal collection of the Order is possible, from Monday to Friday: 9:00 a.m. - 6:00 p.m., on Saturday: 9:00 a.m. -2:00 p.m., after calling (+48 530 117 128) to determine the exact date of receipt of the Order;
  14. Account - a tool available in the Online Store system, which, after entering the e-mail address (Login) and Password, allows the User, among others, to: tracking the stages of Order execution on the Online Store's website, viewing Order history, editing the Ordering Party's contact details and changing the Password, etc.;
  15. Login – e-mail address provided by the User during registration in the Online Store, required together with the Password to create an Account;
  16. Password - a string of letters, numbers or other characters selected by the User when registering the Ordering Party's Account, used to secure access to the Ordering Party's Account;
  17. Civil Code - Act of April 24, 1964, Civil Code (consolidated volume: Journal of Laws of 2020, item 1740, as amended);
  18. Consumer Act - Act of May 30, 2014 on consumer rights (consolidated volume: Journal of Laws of 2020, item 287, as amended);
  19. Act on the provision of services by electronic means - Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2020, item 344, as amended);
  20. Code of good practice - a set of rules of conduct, in particular ethical and professional standards referred to in Art. 2 points 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007 (consolidated volume: Journal of Laws of 2017, item 2070, as amended);
  21. Regulations - these regulations of the Online Store.

CHAPTER II. GENERAL PROVISIONS:

 

  1. Placing an Order for Products offered by the Online Store and their implementation takes place on the basis of these Regulations and generally applicable legal provisions. These Regulations are the regulations referred to in Art. 8. Act on the provision of electronic services.
  2. The number of Promotional or Sale Products offered is limited. Orders for such Products are processed in the order in which they were placed by the Ordering Party, until stocks last.
  3. The information provided in the Online Store (in particular regarding Prices) does not constitute a commercial offer within the meaning of Art. 66 of the Civil Code, they constitute only an invitation to submit offers specified in Art. 71 of the Civil Code.
  4. All prices given on the Online Store website are expressed in Polish zloty and are gross prices (including VAT).
  5. Users are prohibited from using the Online Store to send unsolicited commercial information, the so-called spam within the meaning of the Act on the provision of electronic services, as well as using the Online Store in a manner contrary to the law, good practices, violating the personal rights of third parties or the legitimate interests of the Seller.
  6. In order to use the Online Store, the User should independently obtain access to a computer station or other terminal device with access to the Internet and e-mail. Using the Online Store is possible for a User who has the following equipment:
  7. PC or other device with Internet access;
    b. Internet access;           
  8. Internet browser, e.g. Firefox, Internet Explorer or Google Chrome or other;
  9. active email account,
  10. Necessary cookies enabled.
  11. Direct contact with the Seller is possible by phone or via the contact form available in the Contact tab on the Online Store website. The Seller does not charge any fees for communicating with him using the means of distance communication indicated in this section.
  12. The Seller informs that it does not apply any Code of Good Practices.

CHAPTER III. SERVICES PROVIDED ELECTRONICALLY:

 

  1. Services provided electronically under these Regulations consist in enabling purchases in the Online Store, in particular using the Account, reminding the Account Password, as well as providing the service of receiving information about Products, recipes, videos and marketing and commercial information from the Seller by e-mail. , information about promotions in the Online Store and providing the service of leaving an opinion about the Product on the Product Page, the service of asking the Seller questions about the Product, the service of recommending the Product on social networking sites indicated on the Product Page and. These services are provided 24 hours a day, 7 days a week. These services are free of charge for Users.
  2. Using the Account service requires the User to check the appropriate check-box when placing the Order. A message confirming the Account registration will be sent to the User's e-mail address indicated in the registration form. Upon confirmation of registration, an agreement regarding the operation of the Account is concluded between the User and the Seller under the conditions specified in the Regulations.
  3. Account registration is free and voluntary. Login and Password are confidential. The User using the Login and Password is asked to keep this information confidential. The password is not known to the Seller. Each User may have only one Account in the Online Store. Account is non-transferable, the User is not allowed to use the Accounts of other Users or provide other people with the possibility of using the Account, including the Login and Password. A User with an Account can track the history of their Orders, as well as manage payment and shipping data. The User may resign from having an Account at any time by sending a request to delete it by e-mail or by telephone to the Seller.
  4. The Account Password reminder service consists in enabling the User who registered the Account to send a link to the e-mail address indicated during Account registration, which will enable the User to change the previously forgotten Password by creating a new Password.
  5. Using the service of receiving information about Products, recipes, videos and marketing and trade information, and information about promotions in the Online Store from the Seller is possible for any User who, when placing an Order without registration, selects and thus activates the appropriate box in the Order form. After sending the e-mail address via the Online Store website, the User receives a message confirming the subscription to the newsletter to the e-mail address provided by him/her. When such confirmation of newsletter subscription is sent to the User, an agreement for the provision of services is concluded between the User and the Seller under the terms specified in the Regulations.
  6. The service of leaving an opinion about the Product on the Product Page allows the User to post a subjective opinion about the Product on the Product Page, along with its rating on a five-star scale. The opinion is visible on the Product Page after its acceptance by the Seller and verification whether the User submitting the opinion has purchased the reviewed Product from the Seller; for this purpose, the User may be asked to provide the Order number. The user may also additionally send a photo of himself and/or a photo of his opinion to be included in his opinion. The User does not receive any remuneration from the Seller or other benefits for using this service.
  7. The service of asking a question to the Seller consists in the possibility of sending an inquiry regarding the Product, the answer is sent by the Seller to the e-mail address provided by the User, no later than within 7 days from the date of receipt of the inquiry.
  8. The service of recommending the Product on social networking sites visible on the Product Website consists in enabling the User registered on these sites to publish individual and subjective statements of the User regarding the Products. The User does not receive any remuneration from the Seller or other benefits for using this service.
  9. By sharing and posting content through the free services offered by the Seller, referred to in these Regulations, the User voluntarily disseminates the entered content. In case of any doubts, it should be assumed that the Seller only provides Users with appropriate IT resources to share and disseminate the content, but this content should not be identified with the views of the Seller.
  10. Each User is responsible for the posted information content made available by using services provided electronically by the Seller.
  11. Users may not share or post content that could in any way violate the personal rights of third parties or the Seller, or violate any other rights of third parties, including copyrights, industrial property rights, and trade secrets. Users are also prohibited from posting any offensive content that violates decency, legal provisions or social norms, or content containing any personal data of third parties without their consent, as well as advertising content.
  12. The agreement for the provision of electronic services by the Seller regarding the Account and other services provided by the Seller electronically is concluded for an indefinite period. The User may terminate this contract at any time free of charge. Termination of the contract for the provision of electronic services by either party does not affect the performance of already concluded Sales Agreements, unless the parties decide otherwise.
  13. The Seller may terminate the contract for the provision of electronic services with a 14-day notice period if:
  14. the purpose of registration or the method of using the services is inconsistent with the principles and purpose of operation of the Online Store,
    b. the User's activity is contrary to applicable moral standards, incites violence or committing a crime, and if it violates the rights of third parties,
  15. The Seller has received an official notification about the illegal nature of the User's data provided or the activities related to them,
  16. Seller has obtained reliable information about the illegal nature of the provided data or the activities related to them and has previously notified the Ordering Party of the intention to prevent access to the Account,           
  17. The User sends unsolicited commercial information,
    f. The User grossly or persistently violates the provisions of the Regulations,  
    g. the address data provided by the User raise objectively justified doubts as to their correctness or truthfulness, and these doubts could not be removed by telephone contact or e-mail.
  18. The Seller makes every effort to ensure the correct and uninterrupted operation of the Online Store. If the services or other services offered by the Seller indicated in these Regulations, e.g. are inconsistent with them or do not work properly, the User has the right to submit a complaint. Users are asked to submit complaints in electronic form to the e-mail address: kontakt@ekogram.pl. Users are asked, in order to improve the complaint handling process, to indicate in the complaint their personal data and/or the Login they use to access the Account. , if they have an Account and to describe any concerns raised.
  19. Complaints regarding services provided electronically are considered within 30 days of submitting the relevant complaint, in accordance with applicable regulations, but if the complaint is submitted by a Consumer or Consumer-Entrepreneur - the deadline for its consideration is 14 days from the date of submission of the complaint. The User will be informed by the Seller about the method of processing it by e-mail.

CHAPTER IV. ORDERING AND CONCLUSION OF A SALES AGREEMENT:

 

  1. When placing an Order, the User may, but does not have to, register in the Online Store and create an Account. If an Account is created, the Ordering Party does not have to provide personal data for subsequent Orders and can track the status of Order execution and purchase history in the Online Store.
  2. Placing Orders in the Online Store is possible 24 hours a day, 7 days a week, but the Seller processes orders only on Business Days.
  3. In order to place an Order in the Online Store, the Ordering Party is asked to do the following:
    • selecting the Product to be purchased, selecting the quantity of the ordered Product, any other Product properties, if available on the Product Page (e.g. weight), and then clicking the "Add to cart" field,
    • then, after selecting all the ordered Products, clicking the basket icon and clicking the "View basket contents" button,  and then, after entering information for the Seller regarding the Order, confirming reading the Regulations, clicking the "Checkout" button,
    • then the User should provide the information required in the Order form, including his/her personal data in order to complete the Order, select the delivery method and payment method from those available when placing the Order, and then after verifying the data and information entered by the Ordering Party in order to place the Order and their possible modification, if there has been an error, to place an Order by clicking the "Order and pay" button. In this step, the User can create an Account and subscribe to the newsletter.
  4. Sending the Order by the Ordering Party constitutes the Ordering Party's offer to the Seller to conclude a Sales Agreement, in accordance with the Regulations.
  5. The Ordering Party receives from the Seller:
    • confirmation of receipt of the Order, i.e. an automatically generated e-mail message confirming the receipt of the Order by the Seller, containing the number and date of the Order, the Ordering Party's details, Product description (or a link to the description on the Product Page in the Online Store), Price and other information regarding the Order;
  1. a message informing that the Order is being processed. Such a message is sent after the Seller has verified the Order and accepted it for execution. Upon receipt of the above-mentioned e-mail information, the Sales Agreement is concluded. The sales contract is concluded in Polish.
  1. The Seller does not specify the minimum order value in the Online Store. Until you click "Order and pay", the User may change the Products to order and also resign from placing an Order. The Ordering Party is bound by the Regulations from the moment of placing the Order.
  2. The Seller also allows placing an Order by telephone. If an Order is placed in this way, the Ordering Party is asked to provide personal data necessary to complete the Order, referred to in section 3.3. above. In the case of an Order placed by telephone, in order to effectively conclude the Sales Agreement, the Seller must first confirm the content of the proposed Sales Agreement by sending it by the Seller to the e-mail address provided by the Ordering Party.
  3. The content of Sales Agreements concluded using the Online Store is stored by the Online Store's IT system for the period of having an Account, and the content of these agreements is made available only to the parties to the Sales Agreement. Each Ordering Party, after logging in to the Account, has access to all of its Sales Agreements concluded via the Online Store website for the period of their storage in the IT system specified in the first sentence. If there is no Account, the content of Sales Agreements concluded using the Online Store is stored by the IT system until the expiry of the period of withdrawal from the Sales Agreement by the Consumer or Consumer-Entrepreneur, but no longer than for a period of 3 months from the conclusion of the Sales Agreement.
  4. The Ordering Party is asked to properly store the Products in accordance with the recommendations included on the packaging label of a given Product. The Seller indicates that improper storage of the Products (inconsistent with the indicated recommendations) may have a significant impact not only on the appearance or taste of the Product, but above all on the suitability of the Product for further consumption, despite its expiration date indicated on the Product packaging.

CHAPTER V. FORMS OF PAYMENT, FORMS OF DELIVERY:

 

  1. In the Online Store, it is only possible to prepay for the Order via the electronic prepayment system using the Przelewy24 electronic payment system (PayPro Spółka Akcyjna), also using the Blik code, Apple Pay, Google Pay and credit cards (supported payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro), instant transfers and other payment instruments.
  2. Electronic payments are made in such a way that the Customer ordering Products in the Online Store selects electronic payment as the payment method and is redirected to the website. Przelewy24 ( PayPro Spółka Akcyjna) . After logging in to the bank or selecting BLIK payment, he or she receives a transfer form ready to accept with the appropriate amount, transfer title and Seller's details. After accepting the transfer, the Ordering Party is redirected back to the Online Store.
  3. The electronic payment operator is PayPro SA, ul. Pastelowa 8, 60-198 Poznań, NIP: 779-236-98-87, REGON: 301345068, District Court Poznań - Nowe Miasto i Wilda in Poznań, 8th Department. Commercial Register of the National Court Register, KRS No. 0000347935, amount of share capital: PLN 5,476,300.00, paid in full. The Przelewy24 website operates an authorization and settlement system based on the decision of the President of the National Bank of Poland No. 1/2011 of April 1, 2011 and provides payment services as a national payment institution based on the decision of the Polish Financial Supervision Authority of June 10, 2014, entered into payment services register under the number IP24/2014 (available at https://erup.knf.gov.pl/View/). The activities of PayPro SA as a National Payment Institution are subject to supervision by the Polish Financial Supervision Authority. The Ordering Party's personal data are transferred to the company via the online payment system PayPro SA , which is the administrator of their personal data. Detailed regulations are available at: https://www.przelewy24.pl/regulamin
  4. The Seller expects payment for the Order within 5 Business Days from the conclusion of the Sales Agreement. If the Ordering Party fails to pay for the Order within the period referred to in the previous sentences, the Order will be canceled.
  5. The start time of the Order coincides with the moment the Seller receives information about the payment from the electronic payment system.
  6. Orders are delivered via the DPD courier company or to the Inpost parcel locker selected by the Ordering Party. Delivery costs depend on the selected form of delivery and are detailed in the Shipping policy tab. Personal pickup is also possible. Orders from the Pickup Location - in such a case, the Ordering Party does not bear any delivery costs.
  7. The total cost of delivery of the Products (i.e. the price of the Products and the fee for the form of delivery chosen by the User) is visible to the Ordering Party when placing the Order, as well as in the e-mail confirming the Order and after logging in to the Ordering Party's Account in the "My Account" tab. Additional costs will be charged to the Consumer or Consumer-Entrepreneur only after obtaining his or her express consent.
  8. Orders for the amount of PLN 150 and above (this amount does not include delivery costs) are sent by the Seller to an address in Poland at the Seller's expense, i.e. without any fees for the Ordering Party.

CHAPTER VI. ORDER FULFILLMENT:

 

  1. The online store fulfills orders in the Republic of Poland. If the place of delivery is selected outside Poland, the Ordering Party is asked to immediately contact the Seller to determine the possibility of delivery and the detailed terms and conditions of the Sales Agreement, in particular delivery costs.
  2. The Price at the time of placing the Order is binding for a given Order.
  3. Orders placed before 12:00 on working days are usually shipped the same day after receiving payment information from the electronic payment system, Orders placed after 12:00 are shipped the next Business Day. The expected order processing time is visible to the User on the Product Page. Date of receipt of the shipment = processing time + expected delivery time.
  4. The Seller guarantees that the Products available for order in the Online Store are available in the Seller's warehouse. However, if the Product is out of stock, the Ordering Party will be informed about it immediately and has the right to cancel the entire Order, or to give up the Product that is missing, or to agree to extend the execution of the Order, or to agree to replace the missing Product. for a similar one with similar properties and price.
  5. The Ordering Party undertakes to collect the ordered Products and/or pay the Price indicated by the Seller along with the costs of delivery of the ordered Products and the costs of any additional services selected by the Ordering Party.
  6. In the case of a delivery address outside Poland, the Ordering Party is asked to immediately contact the Seller to determine the individual terms of the Sales Agreement, in particular the delivery costs of the Order.
  7. The Ordering Party undertakes to collect the ordered Products and/or pay the Order Price specified by the Seller.
  8. After receiving the Products from the supplier, the Ordering Party is asked to check, in the presence of the supplier, whether both the shipment and the Products contained therein are free of damage resulting from transport and whether they comply with the Order. Checking the shipment is a free service that guarantees the highest quality of services. If the shipment is found to be damaged, incomplete or inconsistent with the Order, the Ordering Party is asked to report this fact to the supplier.
  9. If the Ordering Party is not a Consumer or a Consumer-Entrepreneur, the Seller reserves the ownership right to the Product until the Price is paid, in accordance with the provisions of these Regulations.
  10. A fiscal receipt or VAT invoice is issued for each Product sold. From January 2020, the Consumer can only receive an invoice after providing the correct data (including the Tax Identification Number) when placing the Order. The sales document constitutes a written confirmation of the content of the placed Order and the concluded Sales Agreement.
  11. The Seller undertakes to deliver Products without defects, excluding any possible defects indicated in the sales offer on individual Product Pages in the Online Store.
  12. The Ordering Party is kept informed about changes in the status of the Order by e-mail.

 

CHAPTER VII. RIGHT TO WITHDRAW FROM THE CONTRACT:

 

  1. Pursuant to Art. 27. Consumer Act, the Seller informs about the right of the Consumer and the Consumer-Entrepreneur to withdraw from the Sales Agreement within 14 days without giving any reason. The deadline to withdraw from the Agreement expires after 14 days from the date on which the Consumer or Consumer-Entrepreneur came into possession of the item or on which a third party other than the carrier and indicated by the Consumer or Consumer-Entrepreneur came into possession of the item.
  2. To exercise the right to withdraw from the Sales Agreement, you must inform the Seller about your decision to withdraw from the Sales Agreement by means of an unambiguous statement (for example, in the form of a letter sent by letter or e-mail). If the Consumer or Consumer-Entrepreneur uses the form of sending a declaration of withdrawal from the Sales Agreement by e-mail, the Seller will immediately send the Consumer or Consumer-Entrepreneur a confirmation of receipt of information about withdrawal from the contract on a durable medium (e.g. by e-mail).
  3. The Consumer or Consumer-Entrepreneur may also use the model withdrawal form which constitutes the Annex. No. 1 to these Regulations, but this is not obligatory.
  4. In order to meet the deadline for withdrawing from the Sales Agreement, it is sufficient to send information regarding the exercise of the Consumer's or Consumer-Entrepreneur's right to withdraw from the contract before the deadline for withdrawing from the Sales Agreement expires.
  5. Effects of withdrawal from the contract: in the event of withdrawal from the Sales Agreement, the Seller returns to the Consumer or Consumer-Entrepreneur all payments received from him, including the costs of delivering the Products (except for additional costs resulting from the method of delivery chosen by the Consumer or Consumer-Entrepreneur other than the cheapest usual method). delivery offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the decision of the Consumer or Consumer-Entrepreneur to exercise the right to withdraw from the Sales Agreement.
  6. The payment will be refunded by the Seller using the same payment methods that were used by the Consumer or Consumer-Entrepreneur in the original transaction, unless the Consumer or Consumer-Entrepreneur has expressly agreed to a different solution; in any case, the Consumer or Consumer-Entrepreneur will not incur any fees in connection with this refund. In the case of payment for Products by payment or credit card, the refund is made to the bank account assigned to the card . The Seller may withhold the refund until the Products are received or until proof of their return is provided, depending on which event occurs first.
  7. The Consumer or Consumer-Entrepreneur is asked to send the returned Products back or deliver them to the following address of the Seller: Michal Pelc ANAGRAM Jodłówka 777, 32-765 Jodłówka, immediately, and in any case no later than 14 days from the date on which the Consumer or Consumer-Entrepreneur informed the Seller on withdrawal from the Sales Agreement. The deadline is met if the Consumer or Consumer-Entrepreneur returns the Product before the deadline of 14 days. The Consumer or Consumer-Entrepreneur will have to bear the direct costs of returning the Products.
  8. The Consumer or Consumer-Entrepreneur is only liable for the reduction in the value of the Products resulting from using them in a manner other than what was necessary to establish the nature, characteristics and functioning of the Products. This means that if the Consumer or Consumer-Entrepreneur returns a damaged Product, used for a purpose other than necessary to determine the nature, characteristics and functioning of the Product, the Seller is entitled to refund the Consumer or Consumer-Entrepreneur the Price less the value of the Product lost due to incorrect use. from the Product. The Consumer or Consumer-Entrepreneur is asked to properly secure the returned Products during their transport to the Seller, in particular the glass packaging of the Products, which, if not properly secured during transport to the Seller, may be damaged, also destroying the contents of the packaging.
  9. Pursuant to the provisions of Art. 38. Consumer Act, the Consumer and the Consumer-Entrepreneur are not entitled to withdraw from the contract in relation to contracts:
    1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer or the Consumer-Entrepreneur who was informed before the commencement of the service that after the entrepreneur has provided the service, he will lose the right to withdraw from the contract;
    2. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract;
  • in which the subject of the service is a non-prefabricated item, manufactured according to the specifications of the Consumer or Consumer-Entrepreneur or serving to meet his individual needs;
  1. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
  2. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
  3. in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
  4. in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the contract, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
  5. in which the Consumer or Consumer-Entrepreneur expressly requested that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur additionally provides services other than those requested by the Consumer, or supplies items other than spare parts necessary for repair or maintenance, the Consumer or Consumer-Entrepreneur has the right to withdraw from the contract in relation to additional services or items;
  6. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
  7. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
  8. concluded by public auction;
  9. for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
  10. for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer or Consumer-Entrepreneur before the deadline for withdrawal from the contract and after the entrepreneur informed him about the loss of the right to withdraw from the contract.

 

CHAPTER VIII. COMPLAINTS:

  1. If the purchaser of the Products is a Consumer, the Seller is liable for the non-compliance of the Product with the contract on the terms set out in the provisions of the Consumer Act. In the case of Orderers who are not Consumers or Consumer-Entrepreneurs, the Seller is liable for Product defects in accordance with the principles of liability specified in the provisions of the Civil Code, in particular Art. 556 and 556(1) - 576 of the Civil Code. If the purchaser of the Product is not a Consumer or a Consumer-Entrepreneur, the Seller's liability under the warranty is excluded pursuant to Art. 558 § 1 of the Civil Code.
  2. For the avoidance of doubt, the Seller indicates that it does not provide a warranty for the Products within the meaning of Art. 577 of the Code
  3. If the Product is found to be incompatible with the Sales Agreement or the Product is defective, the Ordering Party may submit a warranty complaint to the Seller by sending it by e-mail to the e-mail address: kontakt@ekogram.pl or by post to the following address: Michał Pelc ANAGRAM, Jodłówka 777 , 32-765 Jodłówka.
  4. When submitting a complaint, the Ordering Party is asked, in order to improve the complaint handling process, to provide the following data: name and surname, detailed residential address, Order number, e-mail address and a detailed description of the non-compliance of the Product with the Sales Agreement/Product defect and the complainant's request regarding warranty (replacement with a new one, price reduction, withdrawal from the Sales Agreement in the event of a significant defect of the Product/significant non-compliance of the Product with the Sales Agreement). When submitting a complaint, the Ordering Party is also asked to attach a copy of the proof of purchase from the Seller (e.g. a copy of the receipt or VAT invoice).
  5. Complaints are considered within 14 days of submitting the relevant complaint, in accordance with applicable regulations. The Ordering Party will be informed by the Seller about the method of its consideration. The Seller considers each complaint individually.
  6. The Seller informs that he consents to the resolution of consumer disputes in accordance with the Act of September 23, 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823). If the Seller does not accept the complaint, the Consumer may use extrajudicial methods of dealing with complaints and pursuing claims and request the intervention of the Provincial Inspectorate of Trade Inspection in Kraków, Ujastek 1, 31-752 Kraków, www.krakow.wiih.gov.pl Detailed procedures for using the Trade Inspection's assistance are available on the office's website and at www.uokik.gov.pl in the "Consumer dispute resolution" and "Important addresses" tab. Out-of-court redress after the complaint procedure is completed is free of charge. In the case of an Ordering Party who is a Consumer who wants to use an out-of-court method of redress, it is also possible to submit a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/ In order to avoid any doubts, the Seller indicates that the rights described in this section 6 are not available to the Ordering Party who is a Consumer - Entrepreneur.

CHAPTER IX. PERSONAL DATA:

 

  1. The User places an Order in the Online Store without registering an Account, and/or registers an Account, and/or contacts the Seller (by e-mail, telephone or via the contact form), and/or uses other services provided by the Seller electronically (Password reminder for Account, opinion about the Product, asking a question about the Product), and/or using the service of receiving from the Seller by e-mail information about Products, recipes, videos and marketing and commercial information, information about promotions in the Online Store - provides the Seller with his personal data (name and surname, address, e-mail address, telephone number, possibly company name, business address, Tax Identification Number, IP address of the computer used by the User when using the Online Store).
  2. If you place an Order without registering an Account, and/or contacting the Seller, and/or reminding the Account Password, and/or posting an opinion about the Product on the Product Website, sending an inquiry about the Product - the legal basis for the processing of personal data is the execution of the Sales Agreement/contract. for the provision of services selected by the User electronically, and/or taking actions aimed at concluding a Sales Agreement/contract for the provision of electronic services, contacting the User, based on the User's request, in accordance with the provisions of Art. 6. section 1. letter b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR" ). In the case of registering an Account and/or using the service of receiving from the Seller by e-mail information about Products, recipes, videos and marketing and trade information, information about promotions in the Online Store - the legal basis for the processing of personal data is the User's consent, in accordance with the provisions of Art. 6. section 1. letter and)  GDPR regulations.
  3. The administrator of personal data is the Seller. Providing personal data in each of the situations indicated in point. 1. is voluntary, but necessary to achieve the purpose for which the data was obtained.
  4. More information regarding the processing of personal data, including User rights, can be found in the Privacy Policy , which constitutes an integral part of the Regulations.

 

CHAPTER X. OTHER PROVISIONS:

 

  1. In matters not regulated by these Regulations, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act on the provision of electronic services, the GDPR Regulation, and in relation to Consumers and Consumer-Entrepreneurs also the Consumer Act.
  2. For the avoidance of doubt, it is stated that none of the provisions of these Regulations limit or exclude the rights of the Consumer or Consumer-Entrepreneur that he or she is entitled to under the law of the country of the Consumer or Consumer-Entrepreneur.
  3. The Seller is entitled to make changes to these Regulations for important reasons (e.g. change in legal provisions, change in the rules of operation of the Online Store). In the event of changes to these Regulations, the User will be notified at least 14 days in advance before the date of entry into force of the changes (appropriate information about changes in the Regulations will be posted on the Online Store website, and Users with an Account or subscribing to information will be informed about the change by e-mail). Regulations by e-mail.) If the amended Regulations are not accepted, the User has the right to resign from using the Online Store and terminate the contract for the provision of services. This does not exclude or limit the User's right to resign from using the Online Store at any time.
  4. The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Online Store website.
  5. The provisions of the Regulations should be interpreted in a way that ensures their compliance with applicable law.

 

These regulations are valid from January 1, 2023

 

Annex No. 1 - template of the declaration of withdrawal from the contract by the Consumer or Consumer-Entrepreneur.

 

This form should be completed and returned only if you wish to withdraw from the Sales Agreement

________________________________________________________

Name and surname of the consumer/company details of the Consumer-Entrepreneur

_____________________________________________________

residential address/registered office address of the Consumer-Entrepreneur

_____________________

phone number

_____________________

e-mail

_________________________________

order number and receipt/invoice number

Michał Pelc ANAGRAM

Jodłówka 777, 32-765 Jodłówka

with the note "withdrawal from the contract"

 

Declaration of withdrawal from a distance contract

Acting in accordance with Art. 27 of the Act of May 31, 2014 on consumer rights, I hereby declare that I withdraw from the sales contract for the following products _______________________________________________________________________________

The sales contract was concluded with Michal Pelc ANAGRAM on _______________, and I received the products  occurred in  on ________________ year.

I am asking for the refund to the following bank account: ________________________________________________________________   _____________________ Date and signature of the person withdrawing from the sales contract  (only if the document will be sent to the Seller in paper version)