Statute
The most important information about the regulations and our store
We know that reading terms and conditions is not a thrilling activity, so to make it easier for you to access the most important information about our store and the rules of using it, we have prepared a collective summary.
- The store is owned by Nutkraft, a limited liability company.
- You can contact us via email kontakt@ekogram.pl , traditional mail (ul. Bolesława Prusa 10/18, 30-109 Kraków) or by phone (+48 12 418 38 38) .
- To enhance your shopping experience in our store, we encourage you to create an account, but it is not mandatory. You can delete your account at any time.
- All information about the goods available in the store and possible payment and delivery methods will be displayed on your device's screen when placing an order.
- Payment is required for the order to be successfully placed.
- Your purchased goods should arrive intact. If the package is damaged, you should complete a damage report and contact us immediately.
- Due to their nature, goods offered in the store may not be subject to the right of withdrawal from a distance contract (we cannot accept the return of food in open packaging).
- If the goods arrive damaged, defective, or otherwise inconsistent with the sales contract, you may file a complaint. We will respond to your complaint within 14 days of receipt.
- If you experience problems with your account, you have the right to file a complaint (please submit it via email). We will respond to your complaint within 14 days of receiving it.
- To enable you to use the store and fulfill your orders, we process your personal data. Detailed information on this topic can be found in our Privacy Policy: https://ekogram.pl/pages/polityka-prywatnosci .
The full text of the store's regulations can be found below.
If you have any questions or concerns regarding our terms and conditions or purchasing from our store, please contact us!
We wish you successful shopping!
TERMS AND CONDITIONS OF THE EKOGRAM ONLINE STORE
Contents
- General provisions
- Definitions
- Technical requirements
- Rules for using the Store
- Account Service Provision Agreement
- Sales agreement
- Delivery of Goods
- The right to withdraw from the Sales Agreement
- The Seller's right to withdraw from the Contract
- Complaints about Goods
- Complaints about the Account Service
- Opinions
- Intellectual Property of the Seller
- Processing of personal data
- Extrajudicial dispute resolution
- Account Service Change
- Change of Regulations
-
Final provisions
§ 1. General provisions
1. These regulations (hereinafter referred to as the " Regulations ") define the rules and conditions of using the "Ekogram" online store operating at the Internet address https://ekogram.pl/ (hereinafter referred to as the " Store ").
2. The Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter referred to as the " Act on the provision of services by electronic means ").
3. The Store is owned by Nutkraft, a limited liability company with its registered office in Kraków (registered office address: ul. Bolesława Prusa 10/18, 30-109 Kraków), entered into the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the KRS number: 0000915853 , Tax Identification Number (NIP): PL6772467020 , National Business Registry Number (REGON): 38965943000000 , with the share capital of PLN 5,000 (five thousand zlotys), fully paid up. (hereinafter referred to as the " Seller ").
4. Contact with the Seller is possible via:
1) e-mail – at the following address: kontakt@ekogram.pl ;
2) traditional mail – at the following address: ul. Bolesława Prusa 10/18, 30-109 Krakow;
3) by phone – call +48 12 418 38 38.
5. As part of its business activities, the Seller:
1) sells Goods that can be purchased by Buyers;
2) provides Users with the Account Service.
6. In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter referred to as the " DSA "), the Seller has designated a contact point for direct communication with the authorities of the EU Member States, the European Commission, the Digital Services Council and Website Users on matters covered by the DSA. The contact point is available at: kontakt@ekogram.pl . Communication within the contact point is conducted in Polish.
7. Information about the Goods available in the Store, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Act of 23 April 1964, the Civil Code (hereinafter referred to as the " Civil Code ").
8. Before using the Store, the Customer is obliged to read the Regulations and the Privacy Policy.
§ 2. Definitions
The words written in capital letters used in the Regulations have the following meaning:
1) Working day - a day that is not a Saturday, Sunday or other non-working day within the meaning of the provisions of the Act of 18 January 1951 on non-working days;
2) Customer – User or Buyer;
3) Civil Code - term defined in § 1, section 6 of the Regulations;
4) Consumer - a natural person who performs a legal act with the Seller not directly related to his or her business or professional activity;
5) Account - a panel created in the Store's IT system, enabling the User to use its functionalities, in particular the purchase of Goods;
6) Buyer - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded a Sales Agreement with the Seller or has taken steps to conclude it;
7) Buyer's License - a term defined in § 11 section 8 of the Regulations;
8) Non-compliance – this means:
and) non-compliance of the Goods with the Sales Agreement (the criteria for assessing the compliance of the Goods with the Sales Agreement are specified in Art. 43b sec. 1-2 of the Consumer Rights Act) or
b) non-compliance of the Account Service with the Agreement on the provision of the Account Service (the criteria for assessing the compliance of the Account Service with the Agreement on the provision of the Account Service are specified in Art. 43k sec. 1-2 of the Consumer Rights Act);
9) Opinion - the Buyer's opinion about the Goods purchased by him, expressed by assigning points to the Goods on a scale determined by the Seller or by describing experiences related to the Goods;
10) Privacy Policy - a document containing information on the processing of Customers' personal data by the Seller;
11) Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, to which special provisions grant legal capacity, conducting business or professional activity on its own behalf;
12) Entrepreneur with Consumer Rights - a natural person conducting business or professional activity on his/her own behalf, who has concluded an Agreement with the Seller directly related to his/her business activity, but which is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by him/her;
13) Regulations - term defined in § 1 section 1 of the Regulations;
14) Seller - term defined in § 1 section 3 of the Regulations;
15) Goods - movable goods available in the Store within the meaning of the provisions of the Civil Code, which can be purchased by the Buyer, in particular organic food products, peanut butter, nuts, loose food products, etc.;
16) Agreement – Agreement for the provision of the Account Service or Sales Agreement;
17) Agreement for the provision of the Account Service – an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period, and the User undertakes to provide the Seller with personal data;
18) Sales Agreement - a sales agreement within the meaning of the provisions of the Civil Code, under which the Seller undertakes to transfer ownership of the Goods to the Buyer and deliver the Goods to him, and the Buyer undertakes to collect the Goods and pay the price to the Seller;
19) Account Service – a digital service within the meaning of the provisions of the Consumer Rights Act, consisting in the creation and maintenance of an Account by the Seller for the User;
20) Consumer Rights Act - Act of 30 May 2014 on consumer rights;
21) Act on the provision of services by electronic means - defined term in § 1 section 2 of the Regulations;
22) User – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded an Agreement for the provision of the Account Service with the Seller or has taken steps to conclude it;
23) Order - term defined in § 6 section 4 of the Regulations.
§ 3. Technical requirements
1. In order for Customers to use the Store properly, it is necessary to:
1) connection to the Internet;
2) having devices that enable the use of Internet resources;
3) using a web browser that enables the display of hypertext documents on the device screen, linked on the Internet via a web service and supporting the JavaScript programming language, and also accepting cookies;
4) having an active e-mail account.
2. Customers are prohibited from using viruses, bots, worms or other computer codes, files or programs (in particular those automating script and application processes or other codes, files or tools) within the Store.
3. The Seller informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including through SSL encryption, the use of access passwords and anti-virus or anti-unwanted software programs.
4. The Seller advises that, despite the security measures referred to in paragraph 3 above, the use of the Internet and services provided electronically may be at risk from malicious software entering the Customer's IT system and device, or from third parties gaining access to data stored on that device. To minimize this risk, the Seller recommends using antivirus software or other online identification protection measures.
§ 4. Rules for using the Store
1. The Customer is obliged to use the Store in a manner consistent with generally applicable law, the provisions of the Regulations, and good manners.
2. The provision of illegal content by the Customer is prohibited.
3. The prices of Goods available in the Store are expressed in Polish zloty (PLN) and constitute a gross value (they include all mandatory price components, including VAT).
4. The Buyer may purchase Goods either by creating an Account or without one. If an Account is created, the Buyer must log in before beginning purchases.
§ 5. Account Service Provision Agreement
1. In order to conclude the Agreement for the provision of the Account Service, the User should perform the following actions:
1) go to the Store's website and then click on the "account" tab;
2) on the opened page, click on the option "Are you a new customer? Register!";
3) In the form that appears, enter the following data:
and) name and surname;
b) e-mail address;
c) the password for the Account created by the User;
4) it is mandatory to check the checkbox next to the declaration having read the Regulations and Privacy Policy and accepting their provisions;
5) optionally - check the checkbox next to the declaration of consent to receiving the Newsletter;
6) click the "create" button.
2. By clicking the "create" button, the User is deemed to have concluded an Agreement for the provision of the Account Service.
3. The User gains access to the Account immediately after clicking the "create" button.
4. After creating an Account, the User may complete the mandatory data stored therein optional data in the "Addresses" tab:
2) company name (optional);
3) residential/business address (street, house number, apartment number, city, postal code, country);
4) billing address (optional).
5. Using the Account, the User may, in particular:
1) store your personal data;
2) change your personal data and password;
3) place Orders and view placed Orders;
4) track the stages of completion of the placed Order.
6. The Seller informs and the User acknowledges that maintaining the Account Service in compliance with the Account Service Provision Agreement does not require the User to install any updates thereto.
7. If the User is not granted access to the Account immediately after concluding the Account Service Agreement, the User requests the Seller to immediately provide access to the Account. The request referred to in the preceding sentence may be sent via email to the address indicated in § 1, section 4, item 1 of the Terms and Conditions. If the Seller does not grant the User access to the Account immediately after receiving the request referred to in the preceding sentence, the User may withdraw from the Account Service Agreement.
8. Notwithstanding the provisions of paragraph 7 above, if the User is not granted access to the Account, the User may withdraw from the Agreement for the provision of the Account Service without requesting the Seller to grant access to the Account if at least one of the cases indicated in Article 43j paragraph 5 of the Act on Consumer Rights occurs.
9. Notwithstanding the provisions of paragraphs 7-8 above, the User may terminate the Account Service Agreement at any time and without giving any reason with immediate effect. Furthermore, pursuant to Article 27 et seq. of the Consumer Rights Act, the User may withdraw from the Account Service Agreement without giving any reason within 14 (fourteen) days of its conclusion.
10. Withdrawal from or termination of the Account Service Agreement, regardless of the basis for such action, shall occur by the User submitting to the Seller a declaration of withdrawal from or termination of the Account Service Agreement. The declaration referred to in the preceding sentence may be sent via email to the address indicated in § 1, section 4, item 1 of the Terms and Conditions. The Seller shall delete the Account immediately upon receipt of the declaration referred to in the preceding sentence.
11. If the User uses the Account in a manner inconsistent with generally applicable law, the provisions of these Terms and Conditions, or good practice, or if the User provides unlawful content, the Seller may terminate the Account Service Agreement with a notice period of 7 (seven) days by submitting a notice of termination to the User via email. After the notice period specified in the preceding sentence, the Account will be permanently deleted. During the notice period, the Seller may block the User's access to the Account for a period not exceeding seven days if this is necessary to prevent further violations by the User.
12. In the event of application of the measure referred to in paragraph 11 above, the User against whom the measure was applied may file an appeal under the terms described in § 11 of the Regulations.
13. Blocking or deleting the Account does not affect the performance of Sales Agreements concluded by the User before blocking or deleting the Account.
§ 6. Sales agreement
1. In order to conclude a Sales Agreement, the Buyer should perform the following steps:
2) go to the tab of the selected Product and click the "add to cart" button;
3) go to the "basket" tab, where you can select the number of items to be ordered, and then click the "go to checkout" button;
4) it is mandatory to check the checkbox next to the declaration of having read the Regulations and the Privacy Policy and accepting their provisions;
5) In the form that appears, enter or select the following data:
and) delivery method (shipping or personal collection);
b) name and surname;
c) email address;
d) optionally - company name and Tax Identification Number (if the Buyer is an Entrepreneur or an Entrepreneur with Consumer rights);
e) residential/business address (street, house number, apartment number, city, postal code);
f) phone number;
g) shipping method (type of carrier if you choose to ship the goods);
h) optional discount code;
6) optionally - check the checkbox next to the declaration of consent to receiving the Newsletter;
7) click the "Order and pay" button and then pay for the Goods using the selected payment method.
2. The Buyer may choose one of the following methods of delivering the Goods:
1) courier delivery (InPost courier; DPD courier);
2) delivery to the selected InPost parcel locker;
3) Personal collection at: ul. Plac Na Stawach 10, 30-107 Kraków.
3. The Buyer may pay the price for the Goods:
1) by bank transfer to the Seller's bank account;
2) by payment by card;
3) by transfer using the Blik, Visa Mobile, Google Pay payment system;
4) in installments and deferred payments (payment method available for transactions worth PLN 300-10,000)
4. Clicking the "Order and pay" button by the Buyer is equivalent to submitting an offer to purchase the selected Goods (hereinafter referred to as the " Order ").
5. After placing and paying for the Order, the Buyer receives confirmation of its submission to the e-mail address provided by him.
6. If the Order cannot be fulfilled, the Seller notifies the Buyer of this by means of a message sent to the email address provided by the Buyer. In the case referred to in the preceding sentence, no Sales Agreement is concluded between the Seller and the Buyer. If the Order referred to in this paragraph 6 has been previously paid for by the Buyer, The Seller shall immediately refund all payments made by him.
7. If the Order is submitted for fulfillment, the Seller will notify the Buyer via email sent to the email address provided by the Buyer. Upon receipt by the Buyer of the email referred to in the preceding sentence, a Sales Agreement is concluded between the Seller and the Buyer.
§ 7. Delivery of Goods
1. If the Buyer has chosen to collect the Goods in person, he/she may collect them at the following address: Plac Na Stawach 10, 30-107 Kraków within 7 (seven) days. working days from the date of receipt of a message from the Seller confirming that the Goods are ready for collection.
2. If the Buyer fails to collect the Goods within the time specified in paragraph 1 above, the Seller has the right to withdraw from the Sales Agreement within 7 (seven) days of the unsuccessful expiry of the deadline for collecting the Goods. Withdrawal from the Sales Agreement and cancellation of the Order shall be effected by the Seller sending an appropriate statement to the email address provided by the Buyer. If the Buyer paid for the Goods before the Seller withdraws from the Sales Agreement, the Seller shall refund all payments made by the Buyer immediately after withdrawal from the Sales Agreement.
3. The Seller ships the Goods to addresses located in the territory of the Republic of Poland.
4. If the delivery location is outside Poland, the Ordering Party is requested to contact the Seller immediately in order to determine the delivery options and detailed terms of the Sales Agreement, in particular the delivery costs.
5. Shipping costs for the Goods are covered by the Buyer, who pays them simultaneously with the purchase price of the Goods. If the purchase price for the Goods reaches the limit indicated on the Store's home page, the shipping costs are covered by the Seller.
6. The Goods are shipped within 1-2 Business Days from the date of payment for the Goods being credited to the Seller's bank account.
7. The Seller is obliged to deliver to the Buyer the Goods in accordance with the Sales Agreement relating thereto.
8. The goods delivered to the Buyer should be in intact condition.
9. If the Goods are delivered by courier, the Buyer should inspect the Goods in their presence. If the Goods are damaged, the Buyer should complete a damage report and contact the Seller. The damage report should be completed using the form provided by the courier.
10. In the event of failure to collect the parcel by the Buyer and return it to the Seller, the Seller is not obligated to re-ship the parcel at its own expense. Re-shipping the parcel to the Buyer is only possible after the Buyer pays the re-delivery costs.
§ 8. The right to withdraw from the Sales Agreement
1. The Buyer does not have the right to withdraw from the Sales Agreement if:
1) The Goods are items that spoil quickly or have a short shelf life;
2) Goods are items delivered in a sealed package which cannot be returned for health protection or hygiene reasons once the package has been opened, if the package has been opened after delivery.
2. The following provisions apply only to Goods other than those referred to in paragraph 1 above.
3. The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of receipt of the Goods by him or a third party indicated by the Buyer who is not the carrier.
4. The Buyer exercises the right to withdraw from the Sales Agreement by submitting to the Seller a declaration of withdrawal from the Sales Agreement (hereinafter referred to as the " Declaration "). To meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the Declaration before the expiry of the period referred to in paragraph 5 above.
5. The Declaration may be submitted by the Buyer in any form, in particular on the form constituting Annex 2 to the Consumer Rights Act. However, in order to facilitate the exercise of the right to withdraw from the Sales Agreement, the Seller recommends submitting the Declaration in the manner indicated in paragraphs 3-6 below.
6. The Buyer may submit a Declaration in the form of :
1) electronic;
2) paper.
7. If the Declaration is to be made in electronic form, the Buyer should use the form available in the "Returns" tab on the Store's website, and then complete:
1) place and date of preparation of the declaration;
2) name and surname of the Buyer;
3) correspondence address;
4) addressee details (addressee's name, street name, building number, apartment number, postal code, city );
5) an express declaration of withdrawal from the Sales Agreement;
6) indication of the Goods to which the withdrawal from the Sales Agreement applies;
7) Order number;
8) date of placing the Order;
9) date of delivery of the Goods;
10) PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur with Consumer rights).
8. If the Declaration is selected in paper form, the Buyer should print and complete the form constituting Annex No. 1 to the Regulations and then send it together with the Goods to the address indicated in section 13 below.
9. The Seller shall send the Buyer confirmation of receipt of the Declaration immediately after its receipt, via e-mail.
10. In the event of exercising the right to withdraw from the Sales Agreement, the Buyer must return the Goods to the Seller within 14 (fourteen) days of withdrawing from the Sales Agreement. To meet the deadline referred to in the preceding sentence, it is sufficient to return the Goods before its expiry.
11. The Goods should be returned to the following address:
Ecogram
Cikowice 264
32-700 Bochnia
12. The Seller bears the direct costs of returning the Goods.
13. Refunds for payments made by the Buyer will be made upon receipt by the Seller of the returned Goods or upon receipt of proof of their return by the Buyer, whichever comes first. Refunds will be made using the same payment method used by the Buyer in the original transaction, unless the Buyer expressly agrees otherwise. The Buyer will not be responsible for any refund costs.
14. The Buyer is liable for any reduction in the value of the Goods resulting from their use in a manner other than necessary to establish the nature, characteristics and functioning of the Goods.
§ 9. The Seller's right to withdraw from the Contract
1. If the Buyer does not collect the shipment containing the ordered Goods and it is returned to the Seller, the Seller will attempt to contact the Buyer to determine whether the shipment should be re-sent.
2. Re-shipping of the Goods in the situation specified in § 9 section 1 is possible after the Buyer pays the shipping costs.
3. If the Buyer fails to respond within 7 days of the contact attempt, or if the Buyer refuses to pay the reshipment costs, the Seller has the right to withdraw from the Sales Agreement. Withdrawal from the Sales Agreement takes place by sending an appropriate declaration by the Seller to the e-mail address provided by the Buyer.
4. In connection with the withdrawal from the Agreement by the Seller specified in § 9 section 3, the Seller will refund the payment for the given Goods To the Buyer, less Shipping costs incurred. Refunds will be made using the same payment method used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different solution. The Buyer will not be responsible for any refund costs.
§ 10. Complaints about Goods
1. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty towards Buyers who are Entrepreneurs is excluded. The further provisions of this § 9 apply exclusively to:
1) A Buyer who is a Consumer or an Entrepreneur with Consumer rights;
2) Non-conformity of the Goods with the Sales Agreement.
2. The Goods delivered to the Buyer by the Seller must comply with the Sales Agreement.
3. If the Goods are perishable or have a short shelf life, the Seller shall be liable for any Non-Conformity existing at the time of delivery of the Goods to the Buyer and revealed within the shelf life of the Goods.
4. The Seller hereby informs that complaints regarding the Buyer's individual taste sensations, resulting from their subjective preferences, will not be considered. A lack of the expected taste does not constitute non-conformity of the Goods with the Agreement.
5. In the case of Goods other than the Goods referred to in paragraph 3 above, the Seller is liable for any Non-Conformity existing at the time of delivery of the Goods to the Buyer and revealed within 2 (two) years from that time, unless the Goods' shelf life is longer or shorter.
6. If a Non-Conformity is discovered, the Buyer has the rights specified in Article 43d et seq. of the Consumer Rights Act. The Buyer's rights specified in the preceding sentence shall be exercised in accordance with the provisions of the Consumer Rights Act and the provisions of this § 10.
7. If a Non-Conformity is discovered, the Buyer may submit a complaint containing a request:
1) repair of the Goods or
2) exchange of Goods.
8. Complaint is submitted using the complaint form available on the website Store in the "Complaints" tab to the e-mail address reklamacje@ekogram.pl .
9. The complaint should include:
1) name and surname of the Buyer;
2) Order number;
3) bank account number;
4) date of delivery of the Goods;
5) description of the revealed Non-Conformity (damage, defect) of the Goods;
6) request for repair or replacement of the Goods.
7) photographs or video recordings showing the non-conformity of the Goods.
10. If the Seller receives a request:
1) repair of the Goods – the Seller is entitled to replace the Goods;
2) replacement of the Goods – the Seller is entitled to repair the Goods;
– if the method chosen by the Buyer to bring the Goods into compliance with the Sales Agreement is impossible or would require the Seller to incur excessive costs.
11. If both replacement and repair of the Goods are impossible or would require excessive costs on the part of the Seller, the Seller may refuse to bring the Goods into compliance with the Sales Agreement.
12. After considering the complaint, the Seller provides the Buyer with a response to the complaint, in which:
1) acknowledges the complaint and indicates the planned date for fulfilling the Buyer's request;
2) acknowledges the complaint and informs the Buyer about the Seller exercising the right referred to in paragraph 10 above;
3) refuses to bring the Goods into compliance with the Sales Agreement for the reasons indicated in paragraph 11 above;
4) rejects the complaint due to its unfounded nature.
13. The Seller shall respond to the complaint via e-mail within 14 (fourteen) days from the date of its receipt.
14. In the cases indicated in paragraph 10 points 1-2 above, the Seller will, at its own expense, bring the Goods into conformity with the Sales Agreement within a reasonable time from the receipt of the complaint and without undue inconvenience to the Buyer, taking into account the specific nature of the Goods and the purpose for which the Buyer purchased them. The Seller will indicate the planned date for bringing the Goods into conformity with the Sales Agreement in its response to the complaint.
15. The Buyer provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Buyer at its own expense.
16. The Buyer is not obliged to pay for normal use of the Goods that were subsequently replaced.
17. In the event of a Non-Conformity being discovered, the Buyer may submit to the Seller a declaration of price reduction or withdrawal from the Contract when:
1) The Seller refused to bring the Goods into compliance with the Sales Agreement for the reasons indicated in paragraph 11 above;
2) The Seller has not brought the Goods into compliance with the Sales Agreement in accordance with paragraphs 13-14 above;
3) The non-conformity persists even though the Seller has attempted to bring the Goods into compliance with the Sales Agreement;
4) The non-conformity is so significant that it justifies withdrawal from the Sales Agreement without prior request from the Seller to bring the Goods into conformity with the Sales Agreement;
5) it is clear from the Seller's statement or circumstances that the Seller will not bring the Goods into compliance with the Sales Agreement within a reasonable time or without excessive inconvenience to the Buyer.
18. A declaration of price reduction or withdrawal from the Sales Agreement may be submitted via e-mail to the address indicated in § 1 section 4 point 1 and in § 10 section 8 of the Regulations.
19. The declaration of price reduction or withdrawal from the Sales Agreement should include:
1) name and surname of the Buyer;
2) e-mail address;
3) Order number;
4) date of delivery of the Goods;
5) description of the Non-Conformity discovered;
6) indication of the reason for submitting the declaration, selected from among the reasons indicated in paragraph 17 above;
7) a declaration of a reduction in the price of the Goods, together with an indication of the reduced price of the Goods, or a declaration of withdrawal from the Sales Agreement.
20. The reduced price must be proportional to the price resulting from the Sales Agreement in such a way that the value of the Goods that are inconsistent with the Sales Agreement is proportional to the value of the Goods that are consistent with the Sales Agreement. The Seller shall refund to the Buyer any amounts due as a result of exercising the right to reduce the price immediately, no later than 14 (fourteen) days from the date of receipt of the price reduction notice.
21. The Buyer may not withdraw from the Sales Agreement if the Non-Conformity is immaterial.
22. In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the Goods to the Seller at the Seller's expense. The Goods should be returned to the following address:
Ecogram
Cikowice 264
32-700 Bochnia
23. The Seller will refund the price of the Goods to the Buyer immediately, no later than 14 (fourteen) days from the date of receipt of the Goods or proof of their return, whichever comes first. The refund will be made using the same payment method used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different refund method that does not incur any costs for them.
§ 11. Complaints about the Account Service
1. The provisions of this § 11 apply only to Users who are Consumers or Entrepreneurs with Consumer rights.
2. The Account Service provided to the User by the Seller must be consistent with the Account Service Agreement throughout the period of provision of the given Account Service.
3. The Seller is liable for any Non-Conformity discovered during the period of provision of the Account Service.
4. If a Non-Compliance is discovered, the User may submit a complaint containing a request to bring the Account Service into compliance with the Account Service Provision Agreement.
5. The complaint is submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
6. The complaint should include:
1) User's name and surname;
2) e-mail address;
3) description of the Non-Conformity discovered;
4) request to bring the Account Service into compliance with the Account Service Provision Agreement.
7. The Seller may refuse to bring the Account Service into compliance with the Account Service Agreement if this is impossible or would require the Seller to incur excessive costs.
8. After considering the complaint, the Seller provides the Customer with a response to the complaint, in which:
1) acknowledges the complaint and indicates the planned date for bringing the Account Service into compliance with the Account Service Provision Agreement;
2) refuses to bring the Account Service into compliance with the Account Service Provision Agreement for the reasons indicated in paragraph 7 above;
3) rejects the complaint due to its unfounded nature.
9. The Seller shall respond to the complaint via e-mail within 14 (fourteen) days from the date of its receipt.
10. If the complaint is upheld, the Seller will, at its own expense, bring the Account Service into compliance with the Account Service Agreement within a reasonable time from receipt of the complaint and without undue inconvenience to the User, taking into account the nature of the Account Service and the purpose for which it is being used. The Seller will indicate the planned date for bringing the Account Service into compliance with the Account Service Agreement in its response to the complaint.
11. In the event of a Non-Conformity being discovered, the Customer may submit to the Seller a declaration of withdrawal from the Agreement for the provision of the Account Service when:
1) bringing the Account Service into compliance with the Account Service Agreement is impossible or requires excessive costs;
2) The Seller has failed to bring the Account Service into compliance with the Account Service Provision Agreement in accordance with paragraph 10 above;
3) The non-compliance persists even though the Seller has attempted to bring the Account Service into compliance with the Account Service Agreement;
4) The non-compliance is so significant that it justifies withdrawal from the Account Service Agreement without prior request from the Seller to bring the Account Service into compliance with the Account Service Agreement;
5) it is clear from the Seller's statement or circumstances that the Seller will not bring the Account Service into compliance with the Account Service Agreement within a reasonable time or without excessive inconvenience to the User.
12. A declaration of withdrawal from the Agreement for the provision of the Account Service may be submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
13. The declaration of withdrawal from the Agreement for the provision of the Account Service should include:
1) Customer's name and surname;
2) e-mail address;
3) the date of delivery of the Account Service;
4) description of the Non-Conformity discovered;
5) indication of the reason for submitting the declaration, selected from the reasons indicated in paragraph 11 above;
6) declaration of withdrawal from the Agreement for the provision of the Account Service.
14. If the User withdraws from the Agreement for the provision of the Account Service, the Seller shall delete the Account immediately after receiving the declaration of withdrawal from the Agreement for the provision of the Account Service.
§ 12. Opinions
1. A Buyer who has purchased a Product and used it personally may send the Seller an Opinion regarding this Product.
2. A Review may be submitted in any manner, in particular by the Buyer completing the electronic form provided in the Store. By submitting the Review, the Buyer declares that has read the Regulations and Privacy Policy and accepted their provisions.
3. Opinion publication is conducted using an external opinion management system. Information about the provider and the rules for publishing Opinions is available in the Opinion form.
4. The Seller publishes a Review on the Product Card after verifying that it does not violate the Terms and Conditions. However, this does not preclude the removal of a Review already published if it is found to be inconsistent with the Terms and Conditions after its publication.
5. The Seller is not obliged to publish the received Opinion.
6. It is prohibited to post in Opinions:
1) false data, contrary to the law, the Regulations or good practices;
2) content that is used to carry out activities prohibited by law, incites violence, hatred or insults any group of people or an individual;
3) content that may violate personal rights, copyrights, image rights or other rights of third parties;
4) advertising, promotional, political, religious or discriminatory content;
5) content promoting activities competitive to the Seller.
7. Each person using the Store's website (hereinafter referred to as the " Reporter ") is entitled to report an Opinion that may violate the Regulations.
8. Applications can be submitted by e-mail to: kontakt@ekogram.pl .
9. The Opinion Submission should contain the following information:
1) a sufficiently substantiated explanation of why the Opinion constitutes illegal content,
2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information enabling the identification of the Review, as appropriate to the type of Review and the functionality of the Store,
3) name and surname or name and e-mail address of the Reporting Person, except in the case of a report concerning information deemed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU,
4) a statement confirming the Reporting Party’s good faith belief that the information and allegations contained therein are correct and complete.
10. After receiving the notification, the Seller sends the Applicant a confirmation of its receipt to the e-mail address provided by him.
11. If the notification does not contain the elements indicated in paragraph 9 above or contains errors, the Seller may request that the Applicant supplement or correct the notification within 14 days of receiving the aforementioned request. If the Applicant fails to supplement or correct the notification within the time specified in the preceding sentence, the Seller may leave the notification unprocessed.
12. The Seller will verify the submitted Review within 14 days of receiving a complete and correct report. As part of the verification process, if necessary, we will ask the submitter to provide additional information or documents. We may block the visibility of the Review until the report is reviewed.
13. After verifying the Application, the Seller:
1) removes an Opinion that violates the Regulations;
2) restores the Opinion that does not violate the rules of the Regulations (if its visibility was blocked at the stage of verification of the Submission),
providing reasons for our decision.
14. In the event of deletion of the Opinion, the Seller shall immediately notify both the Submitter and the Buyer who published the deleted Opinion, providing the reasons for its decision.
15. The justification for the Seller's decision includes:
1) an indication of whether the decision includes the removal of the Opinion, blocking its visibility, deposition or imposing other measures referred to in the Regulations in relation to this Opinion and, where applicable, the territorial scope of the decision and its period of validity;
2) the facts and circumstances on the basis of which the decision was made, including, where applicable, information on whether the decision was made on the basis of a report submitted by the Applicant or on the basis of voluntary verification activities carried out at the initiative of the Seller and, where absolutely necessary, the identity of the Applicant;
3) where applicable, information on the use of automated means in decision-making, including whether the decision was made with respect to Opinions detected or identified using automated tools;
4) if the decision concerns a potentially prohibited Opinion, an indication of the legal or contractual basis on which the decision is based and an explanation of why, on that basis, the Opinion is considered to be prohibited content;
5) clear and user-friendly information for the Buyer and the Applicant about their options for appealing against the decision.
16. The Buyer whose Opinion has been removed or the Submitter whose Opinion the Seller refuses to remove may file an appeal against the Seller’s decision.
17. An appeal can be filed as follows:
1) by e-mail – to the following address: kontakt@ekogram.pl ;
2) in writing, preferably by registered mail - to the address indicated in § 1 section 4 point 2 of the Regulations
18. The appeal should include:
1) name and surname or name of the appellant,
2) contact details (e-mail address, mailing address),
3) a detailed justification of why, in the appellant's opinion, the Seller's decision is incorrect and should be changed.
19. The Seller shall immediately confirm receipt of the appeal by sending a notification to the e-mail address provided by the appealing party.
20. Appeals are considered within 14 days of their receipt by the Seller's authorized team (these activities will not be carried out in an automated manner, without human participation).
21. By submitting a Review, the Buyer declares that they are the sole author of the Review. The Buyer is responsible for the content of the Review and the consequences of its publication (including any infringement of personal rights or intellectual property rights of third parties).
22. By sending an Opinion, the Buyer grants the Seller a free, non-exclusive license to use it (hereinafter referred to as the " Buyer's License ").
23. The Buyer's license is granted for an indefinite period (with the possibility of termination two years in advance, with effect at the end of the calendar year) and without territorial restrictions and covers the use of the Opinion in the following fields of use:
1) recording and reproduction in any quantity, using any technique and in any format;
2) dissemination in any way, using any means of communication, in particular by publication in the Store and on the Seller's social media.
24. The Buyer's license authorizes the Seller to grant further licenses to any third parties to use the Reviews. The further license referred to in the preceding sentence may be granted by the Seller for a fee or free of charge.
25. The Buyer undertakes not to exercise his or her moral rights to the Opinion (including the right to mark the authorship of the Opinion and the right to supervise the use of the Opinion) and authorises the Seller to exercise these rights on behalf of the Buyer.
§ 13. Intellectual Property of the Seller
1. All components of the Store, in particular:
1) name of the Store;
2) Store logo;
3) photos and descriptions of the Goods;
4) the principles of operation of the Store's website, all its graphic elements, interface, software, source code and databases
- are subject to legal protection under the provisions of the Act of 4 February 1994 on copyright and related rights, the Act of 30 June 2000 - Industrial Property Law, the Act of 16 April 1993 on combating unfair competition and other generally applicable provisions of law, including the provisions of European Union law.
2. Any use of the Seller's intellectual property without its prior express consent is prohibited.
§ 14. Processing of personal data
Information on the processing of personal data by the Seller can be found in the Privacy Policy available at: https://ekogram.pl/pages/polityka-prywatnosci .
§ 15. Extrajudicial dispute resolution
1. The provisions of this § 15 apply only to Customers who are Consumers.
2. The customer has the option of using out-of-court complaint and claim settlement methods.
3. Detailed information on the Customer's ability to use out-of-court complaint and redress procedures and the rules for accessing these procedures are available at the offices and on the websites of:
1) district (municipal) consumer ombudsmen and social organizations whose statutory tasks include consumer protection;
2) Provincial Inspectorates of the Trade Inspection;
3) Office of Competition and Consumer Protection.
4. The Seller informs that, unless such an obligation results from mandatory provisions of law, it does not use extrajudicial methods of settling complaints and pursuing claims.
§ 16. Account Service Change
1. The Seller may change the Account Service in the event of:
1) the need to adapt the Account Service to newly developed devices or software used by Users to use the Account Service;
2) the Seller decides to improve the Account Service by adding new functionalities or modifying existing functionalities;
3) legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.
2. Changing the Account Service may not involve any costs for the User.
3. The Seller notifies Users of any changes to the Account Service by posting a message on the Account informing them of the changes. Additionally, information about the changes may be sent to Users via email.
4. If a change to the Account Service will significantly and negatively affect the User's access to the Account Service, the Seller is obliged to inform the User about:
1) the properties and date of the change and
2) the User's right to terminate the Agreement for the provision of the Account Service with immediate effect within 30 (thirty) days of making the change.
5. The information referred to in paragraph 4 above shall be sent by the Seller to Users via e-mail, no later than 7 (seven) days before the change is made.
6. Termination by the User The Agreement for the provision of the Account Service pursuant to paragraph 4 point 2 above is terminated by submitting to the Seller a declaration of termination of the Agreement for the provision of the Account Service. The declaration referred to in the preceding sentence may be sent via email to the address indicated in § 1 paragraph 4 point 1 of the Regulations. The Seller shall delete the Account immediately upon receipt of the declaration referred to in the preceding sentence.
§ 17. Change of Regulations
1. The Seller may make changes to the Regulations in the event of:
1) changes to the Seller's data;
2) changes in the Seller's scope of business;
3) the Seller begins to provide new services, modifies services already provided or discontinues their provision;
4) making technical modifications to the Store that require adapting the provisions of the Regulations to them;
5) legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.
2. Customers will be notified of any changes to the Terms and Conditions by publishing the amended version on the Store's website. At the same time, the amended version of the Terms and Conditions will be sent to Users by email.
3. For Sales Agreements concluded before the date of publication of the new Regulations on the Store's website, the provisions of the Regulations in force at that time shall apply.
4. The User who does not agree to the changes to the Regulations may terminate The Agreement for the provision of the Account Service is terminated with immediate effect within 7 (seven) days of receiving the amended version of the Terms and Conditions via email. Failure to terminate the Agreement will be deemed consent to the amendments to the Terms and Conditions.
5. Termination of the Agreement for the provision of the Account Service occurs by the User submitting a notice of termination of this Agreement to the Seller. The notice referred to in the preceding sentence may be sent via email to the address indicated in § 1, section 4, point 1 of the Regulations.
6. Immediately after receiving the declaration referred to in paragraph 5 above, the Seller shall delete the Account.
§ 18. Final provisions
1. The law applicable to these Terms and Conditions and the Agreements referred to therein is Polish law. However, the choice of Polish law made in the preceding sentence does not deprive the Consumer of the protection afforded by the provisions of foreign law that cannot be derogated from by agreement and that would apply in the absence of the choice of Polish law made in the preceding sentence.
2. Annex No. 1 - Declaration of withdrawal from the Sales Agreement is part of the Regulations.
3. The current version of the Regulations is effective from 1 October 2025.
