Statute
STATUTE
These regulations define the conditions for placing and fulfilling orders via the website operating at https://ekogram.pl
CHAPTER I. DEFINITIONS:
The terms used in these Regulations mean:
1. Seller – Mr. Michał Pelc conducting business activity 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 and Technology, the body making the entry Seller to CEiDG: Zielonki Commune Office, NIP: 513-010-81-41, REGON: 121084300 contact telephone number for 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 operator’s tariff) , e-mail: kontakt@ekogram.pl ;
2. Online store – an online platform run by the Seller in Polish at the URL address: https://ekogram.pl enabling the conclusion of Sales Agreements ;
3. Ordering Party – an adult natural person who has the capacity to perform legal acts (which also includes the Consumer -Entrepreneur), a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, placing an Order within the Online Store;
4. User – any person using the Online Store website;
5. Product or Products – Organic products, herbs, spices, teas, loose products, dried fruits, seeds, grains, oils, cosmetics and other organic 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 excluding the costs of delivering the Product to the Ordering Party;
8. Order – a declaration of intent of the Ordering Party submitted via the Online Store, indicating a Product or 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 sales agreement for Products 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/her business or professional activity, as defined in Art. 22 (1) Civil Code;
12. Consumer-Entrepreneur - a person running a sole proprietorship business activity including A sales contract directly related to the business or professional activity conducted by the entrepreneur, but not of a professional nature , resulting in particular from the subject of the business activity conducted by the entrepreneur, made available under the provisions on the Central Register and Information on Business Activity;
13. Place of collection – retail outlet run by the Seller at the address: Plac Na Stawach 10, 30-107 Kraków, where personal collection of the Order is possible, during the following hours: Monday-Friday: 9:00-18:00, Saturdays: 9:00-14:00, after prior arrangement of the exact date of collection of the Order;
14. Account - a tool available in the Online Store system, which after entering the e-mail address (Login) and Password enables the User, among others, to track the stages of Order fulfillment on the Online Store website, browse the Order history, edit the Ordering Party's contact details and change 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 sequence 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;
17. Civil Code - the Act of 24 April 1964, the Civil Code (consolidated text: Journal of Laws of 2020, item 1740, as amended);
18. Consumer Act – Act of 30 May 2014 on consumer rights (consolidated text: 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 point 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 (consolidated text 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 execution is based on these Regulations and generally applicable provisions of law. These Regulations are the regulations referred to in Article 8 of the Act on the provision of services by electronic means.
2. The number of Products offered under promotion or subject to sale is limited. Orders for such Products will be fulfilled in the order in which they were placed by the Ordering Party, while 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, it is merely an invitation to submit offers as specified in Art. 71 of the Civil Code.
4. All prices listed on the Online Store website are expressed in Polish zloty and are gross prices (including VAT).
5. It is prohibited for Users to use the Online Store to send unsolicited commercial information, so-called spam within the meaning of the Act on the provision of services by electronic means, as well as to use the Online Store in a manner contrary to the law, good customs, 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 obtain access to a computer station or other terminal device with Internet and e-mail access on their own. The use of the Online Store is possible for the User with the following equipment:
a. a PC or other device with Internet access;
b. Internet access;
c. a web browser such as Firefox, Internet Explorer or Google Chrome or other;
d. active email account,
e. necessary cookies enabled.
7. 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 communication with him using the means of distance communication indicated in this paragraph.
8. The Seller informs that he does not apply any Code of Good Practice .
CHAPTER III. SERVICES PROVIDED ELECTRONICALLY:
1. The services provided electronically under these Regulations consist of 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 a question 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 checkbox when placing an Order. A message confirming the registration of the Account will be sent to the User's e-mail address provided in the registration form. Upon confirmation of registration, an agreement regarding the management of the Account is concluded between the User and the Seller under the terms and 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 and provide other people with the possibility of using the Account, including the Login and Password. The User who has an Account can track the history of their Orders, as well as manage payment and shipping data. The User may at any time resign from having an Account by sending a request to delete it by e-mail or by reporting it to the Seller by phone.
4. The Account Password reminder service consists of enabling the User who registered the Account to send a link to the e-mail address provided during Account registration, which will enable the User to change the previously forgotten Password by creating a new Password.
5. The use of the service of receiving information about Products, recipes, videos and marketing and commercial information, information about promotions in the Online Store from the Seller is possible for every User who, when making an Order without registration, unchecks and thus activates the appropriate field in the Order form. After sending an e-mail address through the Online Store website, the User receives, to the e-mail address indicated by him, a message confirming the subscription to the newsletter. At the moment of sending such confirmation of the newsletter subscription to the User, an agreement for the provision of services by way of means is concluded between the User and the Seller under the terms and conditions specified in the Regulations.
6. The service of leaving a review of a Product on the Product Page consists of enabling the User to post a subjective review of a Product on the Product Page, along with its rating on a five-star scale. The review is visible on the Product Page after its acceptance by the Seller and verification whether the User submitting the review purchased the rated Product from the Seller, for this purpose the user may be asked to provide the Order number. The User may also additionally send their photo and/or a photo of their review to be posted with their review. 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 a question regarding the Product, the answer is sent by the Seller to the email address indicated by the User, no later than within 7 days from the date of receipt of the question.
8. The Product recommendation service on social media sites visible on the Product Page consists of 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, as referred to in these Regulations, the User voluntarily disseminates the content entered. In case of any doubts, it should be assumed that the Seller only provides Users with appropriate IT resources to share and disseminate content, but this content should not be identified with the views of the Seller.
10. Each User is responsible for the content they post and content you make available by using the 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 copyright, industrial property rights, or trade secrets. Users are also prohibited from posting any content that is offensive, violates good customs, legal regulations or social norms, or content that contains 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 in the scope of the Account and other services provided by the Seller electronically is concluded for an indefinite period. The User may terminate this agreement at any time free of charge. Termination of the agreement for the provision of electronic services by either party shall 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 manner of using the services is contrary to the principles and purpose of the Online Store,
b. the User's activity is contrary to applicable moral norms, incites violence or committing a crime, or violates the rights of third parties,
c. the Seller has received official notification of the unlawful nature of the User's data provided or the activities related to them,
d. Seller has obtained credible information about the unlawful nature of the data provided or the activity related to it and has previously notified the Ordering Party of its intention to prevent access to the Account,
e. 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 means of telephone contact or via e-mail.
14. The Seller makes every effort to ensure the proper 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 them, do not function properly, the User has the right to file a complaint. Users are asked to file complaints in electronic form to the e-mail address: kontakt@ekogram.pl Users are asked, in order to streamline 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 the reported reservations.
15. Complaints regarding services provided electronically are considered within 30 days of filing the relevant complaint, in accordance with applicable regulations, but if the complaint is filed by a Consumer or Consumer-Entrepreneur - the deadline for its consideration is 14 days from the date of filing the complaint. The User will be informed by the Seller about the method of its consideration by e-mail.
CHAPTER IV. ORDER 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. In the event of creating an Account, the Ordering Party does not have to provide their personal data for subsequent Orders, they can track the status of Order fulfillment 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 processes Orders only on Business Days.
3. In order to place an Order in the Online Store, the Ordering Party is asked to perform the following actions:
3.1. selecting the Product to be purchased, selecting the quantity of the Product ordered, any other properties of the Product, if any are made available on the Product Page (e.g. weight), and then clicking the "Add to cart" field,
3.2. then after selecting all ordered Products, click on the basket icon and clicking the "View Cart Contents" button, and then after entering any information for the Seller regarding the Order, confirming that you have read the Regulations, clicking the "Checkout" button,
3.3. then the User should provide the information required in the Order form, including their 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 modifying them if there was an error, to place the Order, click 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 an offer by the Ordering Party to the Seller to conclude a Sales Agreement, in accordance with the Regulations.
5. The Ordering Party receives from the Seller:
and. confirmation of receipt of the offer from the Ordering Party, i.e. an automatically generated e-mail message confirming receipt by the Seller of the offer to conclude a Sales Agreement, containing the number and date of the Order, the Ordering Party’s data, a description of the Product (or a link to the description on the Product Page in the Online Store), the Price and other information regarding the Order;
b. a message with information that the Order is being processed. Such a message is sent after the Seller has verified the Order, made the payment for the Order and accepted it for processing. Upon receipt of the above-mentioned e-mail information, the Sales Agreement is concluded, which for the Ordering Party means that the Order is made only after paying the Price with delivery costs. The sales agreement is concluded in Polish.
6. The Seller does not specify the minimum value of the Order in the Online Store. Until clicking "I order and pay", the User can change the Products to be ordered, as well as cancel placing the Order. The Ordering Party is bound by the Regulations from the moment of placing the Order.
7. The seller does not allow submission Orders by telephone, it is only possible to order Products via the Online Store.
8. The content of Sales Agreements concluded using the Online Store is stored by the IT system of the Online Store for the period of possession of the Account, and the content of these agreements is made available only to the parties to the Sales Agreement. Each Ordering Party, after logging into the Account, has access to all of 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 an 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.
9. The Ordering Party is requested to store the Products properly, using the recommendations on the label of the packaging of the given Product. The Seller indicates that improper storage of the Products (not in accordance 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 the expiration date indicated on the Product packaging.
CHAPTER V. PAYMENT METHODS, DELIVERY METHODS:
1. In the Online Store, it is only possible to prepay for the Order via the przelewy24.pl electronic payment system, 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 Ordering Party for Products in the Online Store selects electronic payment as a form of payment and is redirected to the przelewy24.pl service. After logging into the bank or choosing BLIK payment, they receive a ready-to-accept transfer form with the appropriate amount, transfer title and Seller's data. After accepting the transfer, the Ordering Party is redirected back to the Online Store.
3. The electronic payment operator is PayPro SA with its registered office in Poznań (60-198), at ul. Pastelowa 8, a national payment institution, supervised by the Polish Financial Supervision Authority, entered into the Register of national payment institutions maintained by the Polish Financial Supervision Authority under the number UKNF IP24/20214, entered into the register of entrepreneurs maintained by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935, with the share capital of PLN 5,476,300, fully paid up, and the Tax Identification Number (NIP): 779-23-69-887. Detailed PayU payment regulations can be found at: https://www.przelewy24.pl/regulamin The personal data of the Ordering Party are transferred via the online payment system to PayPro SA, which is the controller of their personal data.
4. The Seller expects the Order to be collected from the Collection Point for 7 days from the agreed collection date, after which the Order will be canceled.
5. The time of commencement of Order execution 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 delivery method and are detailed in the Shipping Policy tab . Personal collection of the Order from the Collection Point is also possible - 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 delivery method chosen by the User) is visible to the Ordering Party when placing the Order, as well as in the email confirming the Order and after logging in to the Ordering Party's Account in the "My Account" tab. The Consumer or Consumer-Entrepreneur will be charged with additional costs only after obtaining their express consent.
8. Orders for the amount of PLN 150 and above (this amount does not include shipping 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 EXECUTION:
1. The online store processes Orders in the territory of the Republic of Poland. In case of choosing a delivery location outside Poland, the Ordering Party is requested to contact the Seller immediately in order to determine the possibility of delivery and detailed terms of the Sales Agreement, in particular shipping costs.
2. For a given Order, the Price at the time of placing the Order is binding.
3. Orders placed before 12:00 on working days are usually shipped the same day, receiving payment information from the electronic payment system, Orders placed after 12:00 are sent the next Business Day. The estimated time of order fulfillment is visible to the User on the Product Page. Date of receipt of the shipment = fulfillment time + estimated delivery time .
4. The Seller guarantees that the Products that can be ordered in the Online Store are available in the Seller's warehouse. However, if the Product is not in stock, the Ordering Party will be informed immediately and has the right to cancel the entire Order, or to cancel the Product that is missing, or to agree to extend the Order's execution, or to agree to replace the missing Product with 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 together 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 requested to contact the Seller immediately in order to determine the individual terms and conditions of the Sales Agreement, in particular the costs of delivering the Order.
7. The Ordering Party undertakes to collect the ordered Products and/or pay the Order Price indicated 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 not damaged due to transport and whether they are in accordance with the Order. Checking the shipment is a free service, guaranteeing the highest quality of services. In the event of damage to the shipment, incompleteness or inconsistency of the shipment 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 right of ownership of 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 sold Product. From January 2020, the Consumer may receive an invoice only after correctly providing the data (including the Tax Identification Number) when placing the Order. The sales document constitutes written confirmation of the content of the placed Order and the concluded Sales Agreement.
11. The Seller undertakes to deliver Products free from defects, excluding any defects indicated in the sales offer on individual Product Pages in the Online Store.
12. The Ordering Party is kept informed about any changes to the Order status via email.
CHAPTER VII. RIGHT OF WITHDRAWAL FROM THE CONTRACT:
1. In accordance with Article 27 of the 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 for withdrawal from the Agreement expires after 14 days from the day on which the Consumer or the Consumer-Entrepreneur came into possession of the item or on which a third party other than the carrier and indicated by the Consumer or the Consumer-Entrepreneur came into possession of the item.
2. In order to exercise the right to withdraw from the Sales Agreement, the Seller must be informed of the decision to withdraw from the Sales Agreement by means of an unequivocal 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 the statement of withdrawal from the Sales Agreement by e-mail, the Seller shall immediately send the Consumer or Consumer-Entrepreneur a confirmation of receipt of the information on withdrawal from the agreement on a durable medium (for example, 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 withdrawal from the Sales Agreement, it is sufficient to send information regarding the exercise of the right of withdrawal by the Consumer or Consumer-Entrepreneur before the deadline for withdrawal from the Sales Agreement expires.
5. Effects of withdrawal from the contract: in the event of withdrawal from the Sales Agreement, the Seller shall return to the Consumer or Consumer-Entrepreneur all payments received from him, including the costs of delivering the Products (with the exception of additional costs resulting from the method of delivery chosen by the Consumer or Consumer-Entrepreneur other than the cheapest standard method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the decision of the Consumer or Consumer-Entrepreneur to exercise the right to withdraw from the Sales Agreement.
6. The Seller will refund the payment 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 each 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 will be 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 to him, depending on which event occurs first.
7. The Consumer or Consumer-Entrepreneur is requested to send or deliver the returned Products 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 day on which the Consumer or Consumer-Entrepreneur informed the Seller about the withdrawal from the Sales Agreement. The deadline is met if the Consumer or Consumer-Entrepreneur sends back the Product before the expiry of the 14-day period. 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 their use in a manner other than necessary to determine 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 return the Price to the Consumer or Consumer-Entrepreneur reduced by the lost value of the Product due to improper use of the Product. The Consumer or Consumer-Entrepreneur is asked to properly secure the returned Products for the duration of their transport to the Seller, in particular the glass packaging of the Products, which may be damaged if not properly secured for the duration of transport to the Seller, also destroying the contents of the packaging.
9. In accordance with the provisions of Article 38 of the Consumer Act, the Consumer and the Consumer-Entrepreneur have no right to withdraw from the contract in relation to contracts:
and. 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 provision that after the entrepreneur has fulfilled the service, the entrepreneur will lose the right to withdraw from the contract;
b. 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 expires;
c. where the subject of the provision is a non-prefabricated item, manufactured according to the specifications of the Consumer or Consumer-Entrepreneur or intended to meet his or her individual needs;
d. where the subject of the service is an item that spoils quickly or has a short shelf life;
e. where 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;
f. where the subject of the provision are things that after delivery, due to their nature, are inseparably connected with other things;
g. where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, 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;
h. in which the Consumer or Consumer-Entrepreneur has expressly requested the entrepreneur to come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the Consumer, or supplies items other than spare parts necessary to perform the repair or maintenance, the Consumer or Consumer-Entrepreneur has the right to withdraw from the contract in respect of additional services or items;
and. where the subject of the provision are audio or visual recordings or computer programs supplied in a sealed package, if the package has been opened after delivery;
j. for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements;
k. concluded through public auction;
l. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of provision of the service;
m. 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 expires and after the entrepreneur informed him of the loss of the right to withdraw from the contract.
CHAPTER VIII. COMPLAINTS:
1. If the purchaser of the Products is a Consumer or a Consumer-Entrepreneur, the Seller shall be liable for the non-conformity of the Product with the contract under the terms specified in the provisions of the Consumer Act - Chapter 5A, in particular art. 43a-43g of the Consumer Act . In the case of Ordering Parties who are not Consumers or Consumer-Entrepreneurs, the Seller shall be liable for defects in the Product 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 Article 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 Article 577 of the Civil Code.
3. In the event of non-compliance of the Product with the Sales Agreement or defects in the Product, 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 address: Michał Pelc ANAGRAM, Jodłówka 777, 32-765 Jodłówka.
4. When submitting a complaint, the Ordering Party is asked to provide the following data in order to facilitate the complaint handling process : first name and last name, exact address of residence, Order number, e-mail address and a detailed description of the Product's non-compliance with the Sales Agreement/ Product defect and the claimant's warranty claim (replacement with a new one, price reduction, withdrawal from the Sales Agreement in the event of a significant Product defect/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 filing 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 agrees to the resolution of consumer disputes in the mode of the Act of 23 September 2016 on the out-of-court resolution of consumer disputes (Journal of Laws 2016, item 1823). In the event that the complaint is not accepted by the Seller, the Consumer may use out-of-court methods of handling complaints and pursuing claims and request intervention from the Provincial Inspectorate of Trade Inspection in Kraków, ul. Ujastek 1, 31-752 Kraków, www.krakow.wiih.gov.pl Detailed procedures for using the assistance of the Trade Inspection are available on the website of the office and on the website www.uokik.gov.pl in the tab "Resolving consumer disputes" and "Important addresses". Extrajudicial redress after the complaint procedure is completed is free of charge. In the case of a Customer who is a Consumer and wants to use an extrajudicial method of redress, there is also the possibility of filing a complaint via the EU ODR online platform, available athttp://ec.europa.eu/consumers/odr/ For the avoidance of doubt, the Seller indicates that the rights described in this section 6 do not apply to the Ordering Party who is a Consumer – Entrepreneur.
CHAPTER IX. PERSONAL DATA:
1. By placing an Order in the Online Store without registering an Account, and/or registering an Account, and/or contacting the Seller (by e-mail, telephone or using the contact form), and/or using other services provided by the Seller electronically (reminder of the Account Password, opinion on the Product, asking a question about the Product), and/or using 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 - the User provides the Seller with his/her 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. In the event of placing 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 Page, sending an inquiry about the Product - the legal basis for the processing of personal data is the execution of the Sales Agreement/agreement for the provision of services selected by the User by electronic means, and/or taking steps to conclude the Sales Agreement/agreement for the provision of services by electronic means, contacting the User, based on the User's request, in accordance with the provisions of Art. 6. sec. 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 Regulation" ). In the case of registering an Account, and/or using 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 - the legal basis for the processing of personal data is the User's consent, in accordance with the provisions of art. 6. sec. 1. letter 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 for the purposes of achieving the purpose for which the data was obtained.
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.
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 services by electronic means, 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 to which he or she is entitled under the law of the country of the Consumer or Consumer-Entrepreneur.
3. The Seller is entitled to introduce changes to these Regulations for important reasons (e.g. changes in legal regulations, changes in the principles of operation of the Online Store). In the event of introducing changes to these Regulations, the User will be notified at least 14 days in advance before the changes come into effect (appropriate information about changes to the Regulations will be posted on the Online Store website, and Users who have an Account or have subscribed to information via email will be informed about changes to the Regulations via email.) In the event of failure to accept the changed Regulations, the User has the right to resign from using the Online Store and terminate the agreement 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 manner that ensures their compliance with applicable law.
Zielonki, 17.05.2024. These regulations are effective from 01.06.2024
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
_____________________
contact telephone number
_____________________
_________________________________
order number and receipt/invoice number
Michal Pelc ANAGRAM
Jodlowka 777, 32-765 Jodlowka
with the note "withdrawal from the contract ”
Declaration of withdrawal from a distance contract
Acting in accordance with Article 27 of the Act of 31 May 2014 on consumer rights, I hereby declare that I am withdrawing from the sales contract for the following products ___________________________________________________________________________________________
The sales agreement was concluded with Michal Pelc ANAGRAM on _______________, and my receipt of the products took place in day of ________________ year.
I kindly ask for a refund to the following bank account: __________________________________________________________
______________________
Date and signature of the person withdrawing from the sales contract (only if the document is sent to the Seller in paper form)
