These regulations define the conditions for placing and processing orders via the website operating at https://ekogram.pl
CHAPTER I. DEFINITIONS:
The terms used in these Regulations mean:
Seller - Mr. Michał Pelc running a business under the name Michał Pelc ANAGRAM at the address: ul. Wiarusa 3/3, 32-087 Zielonki, according to 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 phone number for handling online orders: +48 12 418 38 38, daily on business days from 7:00 a.m. to 3:00 p.m. (connection fee according to the tariff of the operator whose services the User uses), email: firstname.lastname@example.org ;
Online store - an online platform run by the Seller in Polish at the URL: https://ekogram.pl enabling the conclusion of Sales Agreements;
Ordering Party - an adult natural person who has legal capacity (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, making Orders within the Online Store;
User - any person using the Online Store website;
Product or Products - Bio products, herbs, spices, teas, loose products, dried fruits, seeds, grains, seeds, oils, cosmetics and other organic products offered by the Seller for retail sale in the Online Store;
Product Page - a single subpage in the Online Store, which presents detailed information about the Product;
Price - the gross price of the Product placed next to the information about the Product, but does not include the cost of delivering the Product to the Ordering Party;
Order - a declaration of will of 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;
Working days - days of the week from Monday to Friday, excluding public holidays;
Sales contract - a contract for the sale of Products within the meaning of the Civil Code concluded between the Seller and the Ordering Party using the Online Store, i.e. concluded by means of distance communication;
Consumer - a natural person making a legal transaction with the Seller not directly related to its business or professional activity, in accordance with the definition contained in art. 22 (1) the Civil Code;
Consumer-Entrepreneur - a person running a sole proprietorship containing A sales contract directly related to its business or professional activity, but not of a professional nature for it , resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity;
Place of collection - a commercial facility run by the Seller at the address: Plac Na Stawach 10, 30-107 Kraków, where it is possible to collect the Order in person, between: Monday-Friday: 9:00-18:00, Saturday: 9:00 -14:00, after prior telephone (+48 530 117 128) setting the exact date of receipt of the Order;
Account - a tool available in the Online Store system, which, after entering the e-mail address (Login) and Password, allows the User, among others, tracking the stages of order fulfillment on the Online Store website, viewing the history of Orders, editing the contact details of the Ordering Party and changing the Password, etc.;
Login - e-mail address indicated by the User during registration in the Online Store, required together with the Password to set up an Account;
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;
Civil Code - Act of 24 April 1964. Civil Code (consolidated text, Journal of Laws of 2020, item 1740, as amended);
Consumer Act - Act of 30 May 2014 on consumer rights (consolidated text, Journal of Laws of 2020, item 287, as amended);
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 2020, item 344, as amended);
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 text, Journal of Laws of 2017, item 2070, as amended);
Regulations - these regulations of the Online Store.
CHAPTER II. GENERAL PROVISIONS:
- Placing an Order for Products offered by the Online Store and their implementation takes place on the basis of these Regulations and generally applicable laws. These Regulations are the regulations referred to in art. 8. Act on the provision of electronic services.
- The number of offered Products covered by the promotion or sale is limited. Orders for such Products are processed in the order in which they were placed by the Ordering Party, until stocks run out.
- The information provided in the Online Store (in particular regarding Prices) does not constitute an offer within the meaning of art. 66 of the Civil Code, they constitute only an invitation to submit tenders specified in Art. 71 of the Civil Code.
- All prices given on the Online Store website are expressed in Polish zlotys and are gross prices (including VAT).
- It is forbidden for Users to use 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, decency, infringing the personal rights of third parties or the legitimate interests of the Seller.
- In order to use the Online Store, the User should obtain access to a computer station or other end device with access to the Internet and e-mail on their own. Using the Online Store is possible for a User with the following equipment:
- a PC or other device with Internet access;
b. Internet access;
- web browser, e.g. Firefox, Internet Explorer or Google Chrome or other;
- active e-mail account,
- enabled support for necessary cookies.
- 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 remote communication indicated in this paragraph.
- The Seller informs that it does not apply any Code of Good Practice.
CHAPTER III. SERVICES PROVIDED ELECTRONICALLY:
- 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, regulations, 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.
- Using the Account service requires the User to tick the appropriate check-box when placing the Order. A message confirming the registration of the Account will be sent to the User's e-mail address indicated in the registration form. Upon confirmation of registration, an agreement regarding the maintenance of the Account is concluded between the User and the Seller under the conditions set out in the Regulations.
- 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. A User with an Account can track the history of their Orders, as well as manage payment and shipping details. 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.
- 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.
- Using the service of receiving from the Seller information about Products, recipes, videos and marketing and commercial information, information about promotions in the Online Store is possible by any User who, when placing an Order without registration, unchecks and thus activates the appropriate field in the Order form. After sending the e-mail address via 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 subscription to the newsletter to the User, an agreement for the provision of services by road is concluded between the User and the Seller under the conditions set out in the Regulations.
- 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 five-star rating. 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 his/her photo and/or a photo of his/her opinion to be placed next to his/her opinion. The User does not receive any remuneration from the Seller or other benefits for using this service.
- The service asking the Seller a question consists in the possibility of sending an inquiry regarding the Product, the answer is sent by the Seller to the e-mail address indicated by the User, no later than within 7 days from the date of receipt of the inquiry.
- The Product recommendation service on social networking sites visible on the Product Page consists in enabling the User registered on these websites 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.
- By sharing and posting content through the free services offered by the Seller, 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 the Users with appropriate IT resources for sharing and disseminating content, but this content should not be equated with the views of the Seller.
- Each User is responsible for the posted and the content they share by using the services provided electronically by the Seller.
- Users may not share or post content that could in any way infringe the personal rights of third parties or the Seller, or infringe any other rights of third parties, including copyrights, industrial property rights, trade secrets. It is also forbidden for Users to post any offensive content, violating good manners, legal regulations or social norms, or content containing any personal data of third parties without their consent, as well as advertising content.
- 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 free of charge at any time. Termination of the agreement on the provision of electronic services by either party shall not affect the performance of already concluded Sales Agreements, unless the parties agree otherwise.
- The seller may terminate the contract for the provision of electronic services with a 14-day notice period if:
- the purpose of registration or the way of using the services is inconsistent with the rules and purpose of the Online Store,
b. the User's activity is contrary to applicable moral norms, calls for violence or committing a crime, and also if it violates the rights of third parties,
- the Seller has received an official notification about the unlawful nature of the User's data or related activities,
- Seller has obtained reliable information about the unlawful nature of the data provided or related activities and has previously notified the Ordering Party of the intention to prevent access to the Account,
- The User is allowed to send unsolicited commercial information,
f. The User, in a gross or persistent manner, 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 or e-mail.
- 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 submit a complaint. Users are asked to submit complaints in electronic form to the e-mail address: email@example.com 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 Account , if they have an Account, and to describe the concerns raised.
- Complaints regarding services provided electronically are considered within 30 days of submitting a 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 manner of its consideration by e-mail.
CHAPTER IV. ORDER AND CONCLUSION OF THE SALES AGREEMENT:
- 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 Orderer does not have to provide his personal data for subsequent Orders, he can track the status of Orders and the history of purchases in the Online Store.
- Placing Orders in the Online Store is possible 24 hours a day, 7 days a week, however, the Seller executes Orders only on Business Days.
- In order to place an Order in the Online Store, the Customer is asked to do the following:
- selecting the Product to be purchased, selecting the quantity of the Product to be ordered, any other Product properties, if such are available on the Product Website (e.g. weight), and then clicking on the "Add to basket" field,
- then, after selecting all ordered Products, clicking on the basket icon and clicking the "View Cart Contents" button, and then, after possibly entering information for the Seller regarding the Order, confirming that you have read the Regulations, clicking the "Checkout" button,
- 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 their possible modification, if there was any mistake, to place an Order, click the "Order and pay" button. In this step, the User can create an Account and subscribe to the newsletter.
- Sending the Order by the Ordering Party constitutes the Ordering Party's offer to the Seller regarding the conclusion of the Sales Agreement, in accordance with the Regulations.
- 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, details of the Orderer, description of the Product (or a link to the description on the Product Page in the Online Store), Price and other information regarding the Order;
- a message informing you 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 e-mail information, the Sales Agreement is concluded. The sales contract is concluded in Polish.
- The Seller does not specify the minimum value of the Order in the Online Store. Until the "Order and pay" button is clicked, the User may change the Products to be ordered, as well as resign from placing the Order. The Ordering Party is bound by the Regulations from the moment of placing the Order.
- The Seller also allows placing an Order by telephone. In the case of placing an Order in this way, the Ordering Party is asked to provide personal data necessary for the execution of the Order, referred to in paragraph 3.3. above. In the case of an Order placed by telephone, 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 to the e-mail address provided by the Ordering Party.
- The content of Sales Agreements concluded using the Online Store is stored by the IT system of the Online Store 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 its 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 end of the period of withdrawal from the Sales Agreement by the Consumer or Consumer-Entrepreneur, but not longer than for a period of 3 months from the conclusion of the Sales Agreement.
- The Ordering Party is asked to properly store the Products in accordance with the recommendations 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 the expiry date indicated on the Product packaging.
CHAPTER V. FORMS OF PAYMENT, FORMS OF DELIVERY:
- In the Online Store, it is only possible to prepay for the Order via the electronic system - prepayment using the PayU 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.
- Electronic payments are made in such a way that the Customer ordering Products in the Online Store selects electronic payment as a form of payment and is redirected to the PayU website. After logging in to the bank or selecting the BLIK payment, the customer receives a ready-to-accept transfer form with the appropriate amount, transfer title and Seller's details. After accepting the transfer, the Ordering Party is redirected back to the Online Store.
- The operator of electronic payments is PayU SA with its registered office in Poznań (60-166), at ul. Grunwaldzka 186, a national payment institution, supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP1/2012, entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under number KRS 0000274399, with a share capital of PLN 4,944,000, fully paid up, with a tax identification number NIP: 779-23-08-495, REGON 300523444. Detailed PayU payment regulations can be found at: https://poland.payu .com/dokumenty-prawne-dopobierz/ Personal data of the Ordering Party are transferred via the online payment system to PayU SA, which is the company's personal data administrator.
- 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 time limit referred to in the previous sentences, the Order will be cancelled.
- The time of starting the execution of the Order coincides with the moment the Seller receives information about the payment from the electronic payment system.
- Orders are delivered via the DPD courier company or to the Inpost parcel locker selected by the Customer. Delivery costs depend on the selected form of delivery, and are detailed in the Shipping Policy tab. It is also possible to collect the Order in person from the place of receipt - in this case, the Ordering Party does not bear any delivery costs.
- The total cost of delivery of the Products (i.e. the price of the Products and the fee for the form of delivery selected by the User) are visible to the Ordering Party when placing the Order, as well as in the e-mail confirming the Order and after logging into 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 express consent.
- Orders for the amount of PLN 150 and above (this amount does not include delivery costs) are sent by the Seller to the address in Poland at the Seller's expense, i.e. without any fees for the Ordering Party.
CHAPTER VI. ORDER FULFILLMENT:
- The online store carries out Orders in the territory of the Republic of Poland. If the delivery location is chosen outside of Poland, the Ordering Party is requested to contact the Seller immediately in order to determine the possibility of delivery and the detailed terms and conditions of the Sales Agreement, in particular delivery costs.
- For a given Order, the Price from the moment of placing the Order is binding.
- Orders placed before 12:00 on Business Days are usually shipped the same day after receipt of payment information from the electronic payment system, Orders placed after 12:00 are sent on the next Business Day. The expected time of order completion is visible to the User on the Product Page. The date of receipt of the shipment = execution time + estimated delivery time.
- 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 then has the right to cancel the entire Order, or resign from the Product that is missing, or to agree to extend the Order, or to agree to replace the missing Product. for a similar one with similar properties and price.
- 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.
- In the case of a delivery address outside Poland, the Ordering Party is asked to immediately contact the Seller in order to determine the individual terms of the Sales Agreement, in particular the costs of delivery of the Order.
- The Ordering Party undertakes to collect the ordered Products and/or to pay the Price for the Order indicated by the Seller.
- 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 have no 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. 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.
- If the Ordering Party is not a Consumer or a Consumer-Entrepreneur, the Seller reserves the right to ownership of the Product until payment of the Price, in accordance with the provisions of these Regulations.
- A fiscal receipt or VAT invoice is issued for each Product sold. From January 2020, the receipt of an invoice by the Consumer is possible only after the correct provision of data (including the tax identification number) when placing the Order. The sales document is a written confirmation of the content of the placed Order and the concluded Sales Agreement.
- The Seller undertakes to deliver Products without defects, excluding any defects indicated in the sales offer on individual Product Pages in the Online Store.
- The Ordering Party is kept informed about the change in the status of the Order by e-mail.
CHAPTER VII. RIGHT TO WITHDRAW FROM THE CONTRACT:
- According to Art. 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 to withdraw from the Agreement expires after 14 days from the day 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.
- To exercise the right to withdraw from the Sales Agreement, the Seller must be informed about the decision to withdraw from the Sales Agreement by an unequivocal statement (e.g. in the form of a letter sent by letter or e-mail). If the Consumer or Consumer-Entrepreneur uses the form of sending a statement 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).
- The Consumer or Consumer-Entrepreneur may also use the model withdrawal form, which is attached 1 to these Regulations, however, it is not obligatory.
- In order to meet the deadline to withdraw from the Sales Agreement, it is enough to send information regarding the exercise of the Consumer's or Consumer-Entrepreneur's right to withdraw from the contract before the deadline to withdraw from the Sales Agreement.
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 not 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.
- The Seller will return 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 expressly agreed to a different solution; in any case, the Consumer or Consumer-Entrepreneur will not incur any fees in connection with this reimbursement. In the case of payment for the Products 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 Products or until proof of their return is provided to him, whichever occurs first.
- Returned Products The Consumer or Consumer-Entrepreneur is asked to send back or deliver to the following address of the Seller: Michal Pelc ANAGRAM Jodłówka 777, 32-765 Jodłówka, immediately, and in any case not 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 sends back the Product before the 14-day period expires. The Consumer or Consumer-Entrepreneur will have to bear the direct costs of returning the Products.
- The Consumer or Consumer-Entrepreneur is only liable for a decrease in the value of the Products resulting from using them in a different way than 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 establish the nature, characteristics and functioning of the Product, the Seller is entitled to return to the Consumer or Consumer-Entrepreneur the Price reduced by the lost value of the Product through incorrect use of the Product. from the Product. The Consumer or Consumer-Entrepreneur is asked to properly secure the returned Products for the time of their transport to the Seller, in particular the glass packaging of the Products, which is not properly secured during transport to the Seller, may be damaged, also destroying the contents of the packaging.
- Pursuant to the provisions of art. 38. of the Consumer Act, the Consumer and the Consumer-Entrepreneur are not entitled to withdraw from the contract in relation to contracts:
- for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer or Consumer-Entrepreneur, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract;
- 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 to withdraw from the contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's or Consumer-Entrepreneur's specifications or serving to satisfy his individual needs;
in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
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;
in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
- in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
in which the Consumer or Consumer-Entrepreneur explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the Consumer, or provides 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 relation to additional services or items;
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;
for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
concluded by way of a public auction;
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 contract specifies the day or period of service provision;
for the delivery 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 to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
CHAPTER VIII. COMPLAINTS:
- If the purchaser of the Products is a Consumer or a Consumer-Entrepreneur, the Seller shall be 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 Ordering Parties who are not Consumers or Consumer-Entrepreneurs, the Seller shall be liable for defects in the Product in accordance with the liability rules set out 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.
- For the avoidance of doubt, the Seller indicates that it does not provide any warranty for Products within the meaning of Art. 577 of the Code
- In the event of non-compliance of the Product with the Sales Agreement or defects in the Product, the Ordering Party may submit a complaint under the warranty to the Seller by sending it by e-mail to the following e-mail address: firstname.lastname@example.org or by post to the following address: Michał Pelc ANAGRAM, Jodłówka 777 , 32-765 Jodlowka.
- When submitting a complaint, the Ordering Party is asked, in order to improve the course of complaint consideration, to provide the following data: name and surname, exact address of residence, Order number, e-mail address and to accurately describe the non-compliance of the Product with the Sales Agreement/Product defect and the complainant's request for warranty (replacement for 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 a receipt or VAT invoice).
- Complaints are considered within 14 days of submitting the relevant complaint, in accordance with applicable regulations. The Ordering Party will be informed about the manner of its consideration by the Seller. The seller considers each complaint individually.
- The seller informs that he agrees to settle consumer disputes under the Act of 23 September 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 means 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 . procedures for using the help of the Trade Inspection are available on the website of the Office and at www.uokik.gov.pl in the "Resolution of consumer disputes" and "Important addresses" tab. Out-of-court pursuit of claims after the end of the complaint procedure is free of charge. In the case of the Ordering Party who is a Consumer who wants to use the out-of-court method of pursuing claims, it is additionally possible to submit a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/ . For the avoidance of doubt, the Seller indicates that the rights described in this section 6 are not vested in the Ordering Party who is a Consumer-Entrepreneur.
CHAPTER IX. PERSONAL DATA:
- 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 via the contact form), and/or using other services provided by the Seller electronically (reminder of the Account, opinion about 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 - 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).
- In the event of placing an Order without registering the 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 a question about the Product - the legal basis for the processing of personal data is the performance of the Sales Agreement/contract for the provision of electronic services selected by the User, 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 Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation" ). 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 commercial 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. sec. 1. lit. and) GDPR regulations.
- 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 purpose for which the data was obtained.
CHAPTER X. OTHER PROVISIONS:
- 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 and Consumer-Entrepreneurs also the Consumer Act.
- 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 is entitled under the law of the country of the Consumer or Consumer-Entrepreneur.
- The Seller is entitled to make changes to these Regulations for important reasons (e.g. change in the law, 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 (relevant information about changes to the Regulations will be posted on the Online Store website, and Users who have an Account or subscribe to information will be informed about the change by e-mail of the Regulations by e-mail.) In the absence of acceptance of the amended Regulations, 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.
- The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Online Store website.
- The provisions of the Regulations should be interpreted in a way that ensures their compliance with applicable law.
These regulations apply from 01/01/2023
Appendix No. 1 - template of a 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
address of residence/address of the seat of the Consumer-Entrepreneur
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 Art. 27 of the Act of 31/05/2014 on consumer rights, I hereby declare that I withdraw from the contract of sale of the following products _______________________________________________________________________________
The sales contract was concluded with Michal Pelc ANAGRAM on _______________, and the receipt of the products by me occurred in on ________________ of the year.
I am requesting a 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)