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TERMS AND CONDITIONS OF THE WWW.EKOGRAM.PL INTERNET SHOP
These regulations define the rules for submitting and executing orders via the website operating at the URL: www.ekogram.pl
Before placing the Order, the User has the right to negotiate the terms of the Sales Agreement with the Seller. If the User resigns from the possibility of concluding a Sales Agreement through individual negotiations, these Regulations and generally applicable provisions of Polish law shall apply.
I. DEFINITIONS:
The terms used in these Regulations mean:
1. Seller - Mr. Michał Pelc running a business under the name of Michał Pelc ANAGRAM at the following address: ul. Wiarusa 3/3, 32-087 Zielonki, in accordance with the entry in the Central Register and Economic Information of the Republic of Poland supervised by the Minister of Development, Labor and Technology, the authority making the entry of the Seller to CEiDG: Zielonki Commune Office, NIP: 513-010-81-41, REGON: 121084300, contact phone number regarding telephone orders, information about Goods and Order fulfillment: +48 12 418 38 38, contact phone number regarding information about the availability of Goods in the Store: +48 530 117 128, connection cost according to the operator's tariff the services used by the User, email: sklep@ekogram.pl;
2. Online Store - an online store run by the Seller in Polish at the URL: www.ekogram.pl, it is also possible to display the content of the Online Store in English;
3. Place of collection - a retail outlet run by the Seller at the address: Plac Na Stawach 10, 30-107 Kraków, where it is possible to collect the Order in person, from Monday to Friday: 9.00-18.00, on Saturdays: 9.00 : 00-14: 00, more details on the website in the Health Food Store tab, after prior arrangement of the pickup date with the Seller ”;
4. Ordering Party - a natural person, which also includes a Consumer-Entrepreneur, a legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, placing an Order within the Online Store;
5. User - any person using the Online Store;
6. Goods or Goods - Bio products, herbs, spices, teas, loose products, dried fruit, seeds, grains, seeds, oils, cosmetics and other ecological products offered by the Seller for retail sale in the Online Store;
7. Product page - a single subpage in the Online Store, which provides detailed information about the Good;
8. Price - the gross price of the Goods placed next to the information about the Goods, but not including the costs of delivering the Goods to the Ordering Party;
9. Order - the Ordering Party's declaration of will submitted via the Online Store, indicating the Goods or a set of Goods specified for execution by the Ordering Party, in accordance with these Regulations;
10. Sales contract - a contract for the sale of Goods within the meaning of the provisions of the Civil Code, concluded between the Seller and the Ordering Party, using the Online Store, and if the Ordering Party is a Consumer or a Consumer-Entrepreneur, a distance sale contract within the meaning of the Consumer Act;
11. Orderer's Account - a tool available in the Online Store system after entering an e-mail address and password, enabling, inter alia, tracking the stages of the Order on the website of the Online Store, viewing the Order history, editing the Ordering Party's data and changing the password, changing and correcting personal data, etc.;
12. Login - the e-mail address provided by the User during registration in the Online Store, required along with the Password to set up the Orderer's Account;
13. Password - a string of letters, numbers or other characters selected by the User during registration of the Ordering Party's Account, used to secure access to the Ordering Party's Account
14. Consumer - a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity, as defined in art. 22 (1) of the Civil Code;
15. Consumer-Entrepreneur - a person running a sole proprietorship concluding a Sales Agreement related directly to his business or professional activity, but not having a professional character for him;
16. Civil Code - the Act of April 24, 1964, the Civil Code (consolidated text, Journal of Laws of 2019, item 1145, as amended);
17. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (consolidated text, Journal of Laws of 2019, item 123, as amended);
18. Consumer Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2019, item 134, as amended);
19. 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 23 August 2007 (consolidated text, Journal of Laws of 2017, item 2070, as amended);
20. Regulations - these regulations of the Online Store.
II. GENERAL PROVISIONS:
1. Placing an Order for Goods offered by the Online Store and the execution of Orders is carried out on the basis of these Regulations and generally applicable law. These Regulations are the regulations referred to in Art. 8. The Act on the provision of electronic services.
2. The number of offered Goods covered by the promotion or subject to sale is limited. Execution of Orders for such Goods takes place in the order in which they were submitted by the Ordering Party, until stocks are exhausted.
3. Information provided in the Online Store (in particular regarding the Prices of Goods) does not constitute an offer within the meaning of Art. 66 of the Civil Code, they are only an invitation to tender specified in Art. 71 of the Civil Code.
4. All prices listed on the website of the Online Store are expressed in Polish zlotys and are gross prices (including VAT).
5. All names of products, trade brands and logos used on the website of the Online Store are the property of the companies producing them.
6. It is forbidden to use the Online Store or the website www.ekogram.pl by Orderers or Users to send unsolicited commercial information, the so-called spam within the meaning of the Act on the provision of electronic services, as well as the use of the Online Store in a manner inconsistent with the law, decency, violating the personal rights of third parties or the legitimate interests of the Seller.
8. In order to use the Online Store, the User should, on his own, gain access to a computer station or other terminal device with Internet and e-mail access. Using the Online Store is possible for the User who has the following equipment:
a. a PC or other device with Internet access;
b. Internet access;
c. web browser, e.g. Firefox, Internet Explorer or Google Chrome or other;
d. an active e-mail account.
9. Direct contact with the Seller is possible by phone, e-mail or via the contact form available in the Contact us tab on the Online Store website. All contact details of the Seller are provided in these Regulations and on the Online Store website in the Contact us tab.
10. The Seller informs that he does not apply any Code of Good Practice.
III. SERVICES PROVIDED BY ELECTRONIC MEANS:
1. The services provided electronically on the basis of these Regulations consist in enabling the Ordering Party to make purchases in the Online Store, in particular using the Ordering Party's Account, reminding the Ordering Party's Account Password, as well as providing the newsletter service and the "Rate the product" service, and the recommendation service Goods on social networks indicated on the Goods Page. These services are provided 24 hours a day, 7 days a week. These services are free of charge for Users.
2. The use of the Orderer's Account service requires the User to register and provide personal data: name and surname, address, telephone number, possibly a different delivery address, e-mail address which is also the Login and establish a Password. A message will be sent to the User's e-mail address provided in the registration form, asking for confirmation of the intention to register. Upon confirmation of registration of the Ordering Party's Account, an agreement is concluded between the User and the Seller regarding the maintenance of the Ordering Party's Account under the conditions specified in the Regulations.
3. Registration of the Ordering Party's Account is free and voluntary. Login and Password are confidential. The Ordering Party using the Login and Password is asked to keep this information confidential. The password is not known to the Seller.
4. Each User may have only one Orderer's Account in the Online Store. The Ordering Party's Account is non-transferable, the User is not allowed to use the Ordering Party's Account of other Users and provide other persons with the possibility of using the Ordering Party's Account, including the Login and Password to the Ordering Party's Account.
5. The service of reminding the Password to the Ordering Party's Account consists in enabling the User who has registered the Account to send to the e-mail address provided during registration of the Ordering Party's Account, which will allow the User to change the existing forgotten Password by creating a new Password.
6.The use of the newsletter service is possible by each User who, when registering the Orderer's Account or when placing an Order without registration, will uncheck and thus activate the appropriate field in the Order form or enter his e-mail address in the appropriate field provided by the Seller on the Online Store website. . After sending an e-mail address via the Store's website, the User receives a message confirming the subscription to the newsletter to the e-mail address provided by him. Upon sending such confirmation of subscription to the newsletter to the User, a contract for the provision of services by road is concluded between the User and the Seller under the conditions specified in the Regulations.
7. The "Review product" service is available only to Users who have an Orderer's Account. This service consists in enabling the User, logged in to the Online Store, to post on the Product Page an individual and subjective opinion of the User regarding a given Good, after its content has been accepted by the Seller. The User also has the option to evaluate the Goods on a five-star scale. The user does not receive any remuneration from the Seller or other benefits for using this service.
8. The service of recommending the Goods on social networks visible on the Goods Page consists in enabling the User registered on these websites to publish individual and subjective statements of the User regarding the Goods. 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 makes a voluntary dissemination of the entered content. In case of any doubts, it should be assumed that the Seller only provides Users with appropriate IT resources for sharing and disseminating content, however, these content should not be equated with the views of the Seller.
10. Each User is responsible for the content posted and shared by them through the use of services provided electronically by the Seller.
11. Users may not share and post content that could in any way infringe the personal rights of third parties or the Seller, or violate any other rights of third parties, including copyrights, industrial property rights, business secrets. It is also forbidden for Users to post any content of an offensive nature, violating good manners, legal provisions or social norms, or content containing any personal data of third parties without their consent, as well as advertising content.
12. The contract for the provision of electronic services by the Seller in the scope of the Orderer's Account, newsletter and other services described in these Regulations, is concluded for an indefinite period. The user may terminate this agreement at any time free of charge. Termination of the contract for the provision of electronic services by either party, as well as its termination by mutual consent is tantamount to deleting the Orderer's Account, however, it does not affect the performance of already concluded Sales Agreements, unless the parties agree otherwise.
13. The Seller may terminate the contract for the provision of electronic services with a 14-day notice period if:
a.the purpose of registration or the way of using the services is contrary to the principles and purpose of the Online Store,
b. the User's activity is contrary to the applicable moral standards, calls for violence or committing a crime, and also if it violates the rights of third parties,
c. The Seller has received an official notification of the unlawful nature of the User's data or related activities,
d. The Seller has obtained credible information about the unlawful nature of the data provided or related activities, and previously notified the Ordering Party of its intention to prevent access to the Ordering Party's Account,
e. The user is allowed to send unsolicited commercial information,
f. the user grossly or persistently violates the provisions of the Regulations,
g. the address details provided by the User raise objectively justified doubts as to their correctness or truthfulness, and these doubts could not be removed by telephone or e-mail.
14. The Seller makes every effort to ensure the correct and uninterrupted operation of the Online Store. In the event that the services or other services offered by the Seller indicated in these Regulations, e.g. are inconsistent with it, do not work properly, the User has the right to file a complaint. Users are asked to submit a complaint in electronic form to the e-mail address: sklep@ekogram.pl or in writing to the address of the Seller. Users are asked, in order to improve the complaint handling process, to indicate in the complaint their personal data and / or Login, which they use to access the Orderer's Account on the Online Store website, if they have an Orderer's Account, and to describe the objections raised.
15. Complaints about services provided by electronic means are considered within 30 days of submitting the relevant complaint, in accordance with applicable regulations. The User will be informed by the Seller about the manner of its consideration.
IV. ORDER AND CONCLUSION OF A SALES CONTRACT:
1. When placing an Order, the User may, but does not have to, register in the Online Store and create an Orderer's Account. In the case of creating an Orderer's Account, the Orderer does not have to provide his personal data for subsequent Orders, he can track the status of the Orders and the history of purchases in the Online Store.
2. Placing Orders in the Online Store is possible 24 hours a day, 7 days a week, however, the Seller carries out Orders only on Business Days.
3. In order to place an Order in the Online Store, the Orderer is requested to do the following:
3.1. selecting the Goods to be purchased, selecting the quantity of the Goods ordered, any other properties of the Goods, if such are available on the Goods Website (e.g. weight), and then clicking the "Add Basket" field,
3.2. after selecting all ordered Goods in the manner indicated in point a.above, click on the basket icon in the upper right corner of the Online Store, and then the button "Proceed to checkout",
3.3. then the User should: either provide the Login and Password and log in to the Account, or create an Account of the Ordering Party by providing the required personal data (email address being the Login, set the Password, or provide company details if the purchase is to be for the company, or provide your personal data once in order to complete the Order (shopping without registration), and then click the "Next" button,
3.4. then select the method of payment and the method of delivery of the Order, and enter any comments or comments addressed to the Seller in the field indicated for this purpose, confirm that you have read the Regulations, in order to complete the Order, after verifying the data and information entered by the Ordering Party in order to place the Order and their possible modification, if there is any mistake, clicking the "Order with payment obligation" button.
4. Sending the Order by the Ordering Party constitutes the Ordering Party's offer submitted to the Seller regarding the conclusion of the Sales Agreement, in accordance with the Regulations.
5. The Ordering Party receives from the Seller:
a) confirmation of receipt of the Order, i.e. an e-mail message with the subject "Thank you for placing the order", an automatically generated e-mail message containing the number and date of the Order, the Ordering Party's data, a description of the Goods (or a link to the description on the Goods Page in the Online Store), Price and others Order information. If the Ordering Party is not an adult but is over 13, his Order must be confirmed by a legal guardian;
b) confirmation of the conclusion of the Sales Agreement, ie a message with the subject "Order in progress / order ready for collection" to the e-mail address provided by the Ordering Party in the Order. Confirmation of the conclusion of the Sales Agreement is sent after the Order is verified by the Seller and accepted for execution. Upon receipt of the above-mentioned confirmation comes to the conclusion of the Sales Agreement. The sales contract is concluded in Polish.
6. Until the moment of clicking the button "Order with obligation to pay", the User may at any time change the previously made selection of Goods, its quantity or interrupt the ordering process and resign from the Order. The Ordering Party is bound by the Regulations from the moment of placing the Order. The Seller does not specify the minimum value of the Order in the Online Store.
7. The Seller also allows placing an Order by phone or e-mail. In the event of placing an Order in this way, the Ordering Party is asked to provide personal data necessary to perform the Order, referred to in paragraph 3.3. above. In the case of an Order placed by phone or e-mail, for the effective conclusion of the Sales Agreement, it is necessary for the Seller to confirm the content of the proposed Sales Agreement by sending it by the Seller to the email address provided by the Ordering Party.
8. The content of Sales Agreements concluded using the Online Store is stored by the Online Store's IT system for a period of 12 months from the date of conclusion of each Sales Agreement, and the content of these agreements is made available only to the parties to the Sales Agreement. Each Ordering Party, after logging into the Ordering Party's Account, has access to all their Sales Agreements concluded via the Online Store website for the period of their storage in the IT system specified in the first sentence. In the absence of the Ordering Party Account, the content of the Sales Agreements concluded using the Online Store are stored by the Online Store's IT system until the end of the period of withdrawal from the Sales Agreement by the Consumer or the Consumer-Entrepreneur, but not longer than for a period of 3 months from the conclusion of the Sales Agreement.
V. FORMS OF PAYMENT, DELIVERY COSTS:
1. The following payment methods are possible in the Online Store:
a.prepayment to the Seller's account, i.e. payment by traditional bank transfer or transfer via the Przelewy24 BLIK electronic system, also using credit cards (supported payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro). The payment card operator is PayPro S.A. Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068, Settlement Agent entered in the register domestic payment institutions kept by the Polish Financial Supervision Authority under the number UKNF IP24 / 2014. The Ordering Party's personal data is transferred to PayPro S.A., which is their personal data administrator;
b. cash on delivery, ie in cash upon receipt of the Order from the courier company, upon collection from the Parcel Locker or upon collection from the Collection Place.
When picking up from the Pickup Location, an additional form of payment for the Order is also possible: payment by credit card through the company's settlement agent: ESERVICE SP. Z O.O., UL. JANA OLBRACHTA 94, 01-102 WARSAW. The Ordering Party's personal data is transferred to the company ESERVICE Sp. z o.o., which is their personal data administrator.
4. If you choose prepayment as a form of payment, the amounts due for the ordered Goods along with delivery costs should be paid to the account number: 63 1020 2892 0000 5302 0407 0264 - PKO BP. When paying by traditional bank transfer, the Ordering Party is asked to enter in the title of the transfer the Order number from the Online Store received in the email confirming the Order. Making an incorrect payment may significantly extend the term of the Order.
5. Orders placed in the Online Store are sent via the DHL courier company, InPost and to parcel machines. It is also possible to collect the Goods in person from the stationary store, after prior arrangement of the date and hours of collection with the Seller.
6. The costs and dates of delivery are indicated on the Online Store website in the Delivery and payment tab.
7. The total cost of delivery of the Goods (ie the Price of the Goods together with the delivery costs of the Order) are also visible to the Ordering Party in the Order panel before placing the Order and in the e-mail confirming the Order, as well as after logging into the Ordering Party's Account.
8. In the place of delivery in the territory of the Republic of Poland, Orders for the amount of PLN 150 and above (this amount does not include delivery costs) are delivered to an address in Poland using the method chosen by the Ordering Party at the Seller's expense.
9. The Seller reserves the right to charge the Ordering Party with the shipping costs, including the return shipment, in accordance with the prices indicated in paragraph 6.above, in the event of failure to collect the parcel with the ordered Goods or providing an incorrect address in the Order. However, if the Ordering Party is a Consumer or a Consumer-Entrepreneur, the provisions of this paragraph shall not apply in the event of random events or cases not attributable to the Consumer or Consumer-Entrepreneur or for which the Consumer or Consumer-Entrepreneur is not responsible.
VI. ORDER FULFILLMENT:
1. Placing Orders in the Online Store is possible 24 hours a day, 7 days a week, however, the Seller does not execute Orders on public holidays, in accordance with applicable regulations.
2. The Online Store carries out Orders in the territory of the Republic of Poland. If the place of delivery is selected outside Poland, the Ordering Party is asked to immediately contact the Seller in order to determine the detailed terms of the Sales Agreement, in particular delivery costs.
3. The Price at the time of placing the Order is binding for a given Order. Orders not collected from the Pickup Location within 7 Business Days of receipt of information about readiness for pickup are canceled. If you choose to pay in advance for the Order, the Orders not paid within 14 days from the conclusion of the Sales Agreement are canceled.
4. The ordered Goods are shipped within 30 days at the latest (however, the Seller usually sends them within 2 business days), excluding statutory holidays, counted after the payment due for the Order is credited to the account in the case of prepayment to the Seller's account, or after receiving information about the payment from the electronic payment system, or after the date of placing the Order, in the case of choosing cash payment "on delivery", subject to the provisions of paragraph 5. below.
5. The Seller reserves the right to refuse to execute the Order if:
a. the Order form will be filled in incorrectly, and the Seller cannot contact the person placing the Order in order to verify their contact details;
b. The Ordering Party will not transfer the required amount to the Seller's account (if prepayment is chosen to the Seller's account) or the shipment will not be collected by the Ordering Party.
6. The execution of the Order depends on the degree of depletion of the Goods in the Seller's warehouse, therefore in the event of the Goods being out of stock, the Ordering Party will be immediately informed about it, and then has the right to cancel the entire Order or cancel the Goods which are missing or to consent to the extension of the performance of the Order, or consent to the replacement of the missing Product with a similar one with similar properties and Price.
7. The Ordering Party undertakes to collect the ordered Goods and / or pay the Price indicated by the Seller, together with the delivery costs of the ordered Goods and the costs of any additional services selected by the Ordering Party.
8. If the Ordering Party is not a Consumer or a Consumer-Entrepreneur, the Seller reserves the right of ownership of the Goods until the price is paid, in accordance with the provisions of these Regulations.
9. When delivering the Goods by a courier company, the Ordering Party is asked to check, in the presence of the courier, that the parcel has no damage resulting from transport, whether it is intact, and in accordance with the Order. Shipment verification is a free service that guarantees the highest quality of services. In the event of damage to the shipment, incompleteness or non-compliance of the shipment with the Order, the Orderer is asked to write a damage report in the presence of the courier and immediately report this fact to the Seller.
10. A fiscal receipt or a VAT invoice shall be issued for each product sold, provided that the Ordering Party expressed such a wish to receive the invoice and indicated in the content of the Order additional information necessary to issue an invoice. The sales document is a written confirmation of the content of the placed Order.
11. The Seller undertakes to deliver the Goods without defects, excluding any defects indicated in the sales offer on the individual Goods Pages in the Online Store.
VII. CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT:
1. Pursuant to Art. 27. of the Consumer Act, the Seller informs about the consumer's right 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 acquires, or a third party other than the carrier and indicated by the Consumer acquires, physical possession of the goods.
2. To exercise the right to withdraw from the Sales Agreement, inform the Seller (Michał Pelc ANAGRAM, Jodłówka 777, 32-765 Jodłówka, tel. +48 12 418 38 38, email: sklep@ekogram.pl) about your decision to withdraw from the Agreement sale by way of an unequivocal statement (for example, in the form of a letter sent by post or a completed form sent by post, which can be downloaded and printed from the Online Store website, and the template of which is attached as Annex 1 to these Regulations, but it is not obligatory).
3. To meet the deadline to withdraw from the Sales Agreement, it is sufficient to send information regarding the exercise of the consumer's right to withdraw from the contract before the deadline to withdraw from the Sales Agreement.
4. Consequences of withdrawal from the contract: in the event of withdrawal from the Sales Agreement, the Seller returns to the Consumer all payments received from him, including the costs of delivering the Goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the Consumer's decision to exercise the right to withdraw from the Sales Agreement. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to a different solution; in any case, the Consumer will not incur any fees related to this reimbursement. In the case of payment for the Goods with a payment or credit card, the refund is made to the bank account assigned to the card. The Seller may withhold the reimbursement until receipt of the Goods or until proof of their return is provided to him, whichever occurs first.
5. Returned Goods The consumer is requested to send back or hand over to the following address of the Seller: Michał Pelc ANAGRAM, Jodłówka 777, 32-765 Jodłówka, immediately, and in any case not later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the Sales Agreement . The deadline is met if the Consumer sends back the Goods before the deadline of 14 days. The consumer will have to bear the direct cost of returning the Goods.
6. The Consumer is liable only for the decrease in the value of the Goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the Goods.
7. Pursuant to the provisions of Art. 38. of the Consumer Act, the Consumer is not entitled to withdraw from the Sales Agreement in relation to contracts:
7.1. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who has been informed prior to the commencement of the provision that after the Seller has provided the service, he will lose the right to withdraw from the Sales Agreement;
7.2. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Sales Agreement;
7.3. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
7.4. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
7.5. 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 packaging has been opened after delivery;
7.6. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items
7.7. in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control
7.8. in which the Consumer has expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Sales Agreement in relation to additional services or items;
7.9. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
7.10. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
7.11. concluded through a public auction;
7.12. for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the day or period of service provision is indicated in the Sales Agreement;
7.13. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the Sales Agreement and after informing the Seller about the loss of the right to withdraw from the Sales Agreement.
8. For the avoidance of doubt, the Seller indicates that the rights described in this chapter are also entitled to the Ordering Party, who is a Consumer-Entrepreneur.
VIII. COMPLAINTS:
1. The Seller is liable for defects in the Goods in accordance with the liability rules specified in the provisions of the Civil Code, in particular art. 556 and 556 (1) - 756 576 of the Civil Code. If the buyer of the Goods 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. In the event of defects or non-compliance of the Goods with the contract, the Ordering Party may submit a complaint to the Seller by sending it by e-mail to the following e-mail address: sklep@ekogram.pl or in writing to the Seller's address: Michał Pelc ANAGRAM, ul. Wiarusa 3/3, 32-087 Zielonki.
3. The Ordering Party, sending the advertised Goods to the Seller, is asked, in order to improve the course of considering the complaint, to provide the following data: name and surname, exact address, Order number, e-mail address and to describe the defect of the Goods and the claimant's request in detail warranty (replacement for a new one, price reduction, withdrawal from the Sales Agreement in the event of a significant defect in the Goods). When submitting a complaint, the Orderer is also asked to attach a copy of the sales receipt (e.g. a copy of the receipt or bill). The goods should be sent to the following address: Michał Pelc ANAGRAM, Jodłówka 777, 32-765 Jodłówka.
4. 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.
5. The Seller informs that he agrees to the resolution of consumer disputes pursuant to the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823). If the complaint is not accepted by the Seller, the Consumer may use extrajudicial means of dealing with complaints and pursuing claims and request intervention at the Provincial Inspectorate of Trade Inspection in Krakow, ul. Ujastek 1, 31-752 Kraków, www.krakow.wiih.gov.pl Detailed procedures of using the help of the Trade Inspection are available on the website of the office and on the website www.uokik.gov.pl in the tab "Settlement of consumer disputes" and "Important addresses ". Out-of-court redress after the complaint procedure is completed is free of charge. In the case of the Ordering Party who is a Consumer who wants to use an out-of-court method of redress, it is also possible to file a complaint via the EU ODR internet platform, available at http://ec.europa.eu/consumers/odr/ In order to avoid doubts, the Seller indicates that the rights described in this paragraph 5 are not entitled to the Ordering Party who is a Consumer - Entrepreneur.
IX. PERSONAL DATA:
1. The User by placing an Order in the Online Store without registering the Ordering Party's Account, and / or registering the Ordering Party's Account, and / or by contacting the Seller (by e-mail, by phone or using the contact form), and / or using other services provided by the Seller by electronic means (reminding the Customer's Account Password, evaluation of the Goods), and / or by subscribing to the newsletter - provides the Seller with his personal data (name and surname, address, e-mail address, telephone number, possibly company name, business address, NIP number, computer IP address used by the User when using the Online Store).
2. In the event of placing an Order without registering the Ordering Party's Account, and / or contacting the Seller, and / or reminding the Password to the Ordering Party's Account, and / or posting the assessment of the Goods on the Goods Page - the legal basis for the processing of personal data is the performance of the Sales Agreement / contract for the provision of services selected by the User by electronic means, and / or taking steps to conclude a Sales Agreement / contract for the provision of electronic services, contact with the User, based on the User's request, in accordance with the provisions of art. 6 sec. 1. lit. b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on the protection of data) (hereinafter referred to as the "GDPR Regulation"). In the case of registering the Orderer's Account and / or subscribing to the newsletter - the legal basis for the processing of personal data is the User's consent, in accordance with the provisions of art. 6 sec. 1. lit. a) 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. The data of the Ordering Party may be made available only to authorized entities, in accordance with applicable law, e.g. the State Trade Inspection, courts, law enforcement authorities, at their request. The User's data will not be processed in an automated manner, nor are they subject to profiling.
4. More information on the processing of personal data, including the User's rights, can be found in the Privacy Policy, which is an integral part of the Regulations.
X. OTHER PROVISIONS:
1. In matters not covered 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 also the Consumer Act.
2. For the avoidance of doubt, it is stated that none of the provisions of these Regulations shall limit or exclude the rights of the Ordering Party, the Consumer, which he is entitled to under the law of the State of the Ordering Party. If the provisions of the law of the Ordering Party's country are more favorable to him than the provisions of Polish law, and are generally applicable, they shall apply to both the Seller and the Ordering Consumer in the Sales Agreement concluded on the basis of these Regulations.
3. The Seller is entitled to amend these Regulations for important reasons (eg change in the law, change in the functioning 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 changes come into force (relevant information about changes to the Regulations will be posted on the Online Store website, and Users who have an Orderer's Account or subscribing to the newsletter will receive information about amendments to the 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 Agreement for the provision of services. It 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 carrier or downloading at any time from the website of the Online Store.
5. The provisions of the Regulations should be interpreted in a way ensuring their compliance with applicable law.
Zielonki, on 18/12/2020, the regulations apply from 01/01/2021 (please enter the date after 14 days from posting the regulations in the online store)
Attachment No. 1 - template of the declaration of withdrawal from the contract.
This form should be completed and returned only if you wish to withdraw from the Sales Agreement
…………………………………………….
Name and surname of the consumer / business data of the Consumer-Entrepreneur
…………………………………………….
address of residence / business address of the Consumer-Entrepreneur
…………………………………………….
phone number
…………………………………………….
…………………………………………….
order number and receipt / invoice / VAT invoice number
Michał Pelc ANAGRAM
Jodłówka 777
32-765 Jodłówka,
with the annotation: "withdrawal from the contract www.ekogram.pl"
Declaration of withdrawal from a distance contract
Acting in accordance with Art. 27 of the Act of 31/05/2014 on consumer rights, I hereby declare that I withdraw from the contract for the sale of the following goods .................................................................. …………………………………………………………………………………………………………………………………… ………………………… ...
The sales contract was concluded with Mr. Michał Pelec running a business under the name of Michał PELC ANAGRAM on ……………… .. / the goods were collected by me on ……………… .. ……………. year and
Please return funds to the following bank account: ……………………………………………………………………………………………………
……………………………… ..
Date and signature of the consumer withdrawing from the Sales Agreement (only if the document will be sent to the Seller in a paper version)
and CROSS OUT