Terms of service
TERMS AND CONDITIONS
These terms and conditions define the rules for placing and processing orders through the website operating at https://ekogram.pl
CHAPTER I. DEFINITIONS:
The terms used in these Terms and Conditions mean:
- Seller – Mr. Michał Pelc conducting 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 Information on Economic Activity of the Republic of Poland supervised by the Minister of Development and Technology, the authority registering the Seller in CEIDG: Zielonki Municipality Office, NIP: 513-010-81-41, REGON: 121084300, contact phone number for online order service: +48 12 418 38 38, daily on Working Days from 7:00 AM to 3:00 PM (connection fee according to the operator's tariff used by the User), email: kontakt@ekogram.pl;
- Online Store – an internet platform operated by the Seller in Polish at URL: https://ekogram.pl enabling the conclusion of Sales Agreements;
- Customer – an adult natural person with legal capacity (which also includes Consumer-Entrepreneur), legal entity, or organizational unit without legal personality which is granted legal capacity by special provisions, placing an Order through 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, oils, cosmetics, and other ecological products offered by the Seller for retail sale in the Online Store;
- Product Page – a single subpage in the Online Store where detailed information about the Product is presented;
- Price – the gross price of the Product placed next to the Product information, not including the costs of delivering the Product to the Customer;
- Order – Customer's declaration of intent submitted through the Online Store, indicating the Product or set of Products specified for fulfillment by the Customer, in accordance with these Terms and Conditions;
- Working Days – weekdays from Monday to Friday, excluding public holidays;
- Sales Agreement – a product sales agreement within the meaning of Civil Code provisions concluded between the Seller and the Customer using the Online Store, i.e., concluded using means of distance communication;
- Consumer – a natural person performing a legal transaction with the Seller not directly related to their business or professional activity, according to the definition contained in Article 22(1) of the Civil Code;
- Consumer-Entrepreneur – a person conducting sole proprietorship business entering into a Sales Agreement directly related to their business or professional activity but not having a professional character for it, resulting in particular from the subject of their business activity, made available based on the provisions of the Central Register and Information on Economic Activity;
- Pickup Location – a retail outlet operated by the Seller at: Plac Na Stawach 10, 30-107 Kraków, where personal pickup of Orders is possible, during hours: Monday-Friday: 9:00 AM-6:00 PM, Saturdays: 9:00 AM-2:00 PM, after prior arrangement of the exact Order pickup time;
- Account – a tool available in the Online Store system which, after entering the email address (Login) and Password, allows the User to track Order fulfillment stages on the Online Store website, view Order history, edit Customer contact details and change Password, etc.;
- Login – email address provided by the User during registration in the Online Store, required along with the Password to create an Account;
- Password – a string of letters, numbers, or other characters selected by the User during Customer Account registration, used to secure access to the Customer Account;
- Civil Code – Act of April 24, 1964, Civil Code (consolidated text Journal of Laws of 2020, item 1740, as amended);
- Consumer Act – Act of May 30, 2014, on consumer rights (consolidated text Journal of Laws of 2020, item 287, as amended);
- Act on Providing Services by Electronic Means – Act of July 18, 2002, on providing services by electronic means (consolidated text Journal of Laws of 2020, item 344, as amended);
- Code of Good Practices – a set of rules of conduct, particularly ethical and professional standards referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007 (consolidated text Journal of Laws of 2017, item 2070, as amended);
- Terms and Conditions – these terms and conditions of the Online Store.
CHAPTER II. GENERAL PROVISIONS:
- Placing Orders for Products offered by the Online Store and their fulfillment is based on these Terms and Conditions and generally applicable law. These Terms and Conditions are the regulations referred to in Article 8 of the Act on Providing Services by Electronic Means.
- The number of Products offered under promotion or subject to clearance is limited. Order fulfillment for such Products takes place in the order in which they were placed by Customers until stocks are depleted.
- Information provided in the Online Store (particularly regarding Prices) does not constitute a commercial offer within the meaning of Article 66 of the Civil Code; they only constitute an invitation to submit offers as defined in Article 71 of the Civil Code.
- All Prices stated on the Online Store website are expressed in Polish zlotys and are gross prices (including VAT).
- It is prohibited to use the Online Store by Users to send unsolicited commercial information, so-called spam within the meaning of the Act on Providing Services by Electronic Means, as well as using the Online Store in a manner contrary to law, good customs, violating personal rights of third parties or legitimate interests of the Seller.
- To use the Online Store, the User should obtain access to a computer workstation or other end device with Internet access and email on their own. Using the Online Store is possible for Users with the following equipment: a. PC computer or other device with Internet access; b. Internet access; c. web browser, e.g., Firefox, Internet Explorer or Google Chrome or other; d. active email account; e. enabled handling of necessary cookies.
- Direct contact with the Seller is possible by phone or through the contact form available in the Contact tab on the Online Store website. The Seller does not charge any fees for communication with them using the means of distance communication indicated in this paragraph.
- The Seller informs that they do not apply any Code of Good Practices.
CHAPTER III. SERVICES PROVIDED BY ELECTRONIC MEANS:
- Services provided by electronic means under these Terms and Conditions consist of enabling purchases in the Online Store, particularly using the Account, Password reminder for the Account, as well as providing the service of receiving information about Products, recipes, videos and marketing and commercial information, information about promotions in the Online Store from the Seller via email, and providing the service of leaving opinions about Products on the Product Page, service of asking the Seller questions about Products, service of recommending Products on social networks indicated on the Product Page. These services are provided 24 hours a day, 7 days a week. These services are free for Users.
- Using the Account service requires the User to check the appropriate checkbox during Order placement. A message confirming Account registration will be sent to the User's email address provided in the registration form. Upon confirmation of registration, an agreement regarding Account maintenance is concluded between the User and the Seller under the conditions specified in the Terms and Conditions.
- Account registration is free and voluntary. Login and Password are confidential. The User using Login and Password is requested to keep this information confidential. The Password is not known to the Seller. Each User can have only one Account in the Online Store. The Account is non-transferable; the User may not use other Users' Accounts or allow others to use the Account, including Login and Password. A User with an Account can track their Order history and manage payment and shipping data. The User can resign from having an Account at any time by sending a request for its removal by email or reporting it by phone to the Seller.
- The Password reminder service for the Account allows Users who have registered an Account to have a link sent to the email address provided during Account registration that will enable the User to change their forgotten Password by creating a new Password.
- Using 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 any User who, when placing an Order without registration, marks and thus activates the appropriate field in the Order form. After submitting the email address through the Online Store website, the User receives, at the email address they provided, a message confirming subscription to the newsletter. Upon sending such newsletter subscription confirmation to the User, a service agreement is concluded between the User and the Seller under the conditions specified in the Terms and Conditions.
- The service of leaving opinions about Products on the Product Page allows the User to place a subjective opinion about the Product on the Product Page, along with its rating on a five-star scale. The opinion is visible on the Product Page after its acceptance by the Seller and verification that the User submitting the opinion has 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 photo of their opinion to be placed with their opinion. The User does not receive any remuneration from the Seller or other benefits for using this service.
- The service of asking questions to the Seller consists of the possibility to send inquiries about Products; the answer is sent by the Seller to the email address provided by the User, no later than 7 days from the date of receiving the inquiry.
- The service of recommending Products on social networks visible on the Product Page allows Users registered in these networks to publish individual and subjective User statements about 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 Terms and Conditions, the User makes voluntary dissemination of the introduced content. In case of any doubts, it should be assumed that the Seller only provides Users with appropriate IT resources for sharing and disseminating content, but this content should not be identified with the Seller's views.
- Each User is responsible for the content they post and share through using services provided electronically by the Seller.
- Users may not share and post content that could in any way violate personal rights of third parties or the Seller, or violate any other rights of third parties, including copyrights, industrial property rights, trade secrets. It is also prohibited for Users to post any content of an offensive nature, violating good customs, legal provisions or social norms, or content containing any personal data of third parties without their consent, as well as content of an advertising nature.
- The agreement for providing services electronically by the Seller regarding the Account and other services provided by the Seller electronically is concluded for an indefinite period. The User may terminate this agreement free of charge at any time. Termination of the agreement for providing services electronically by either party remains without effect on the performance of already concluded Sales Agreements unless the parties decide otherwise.
- The Seller may terminate the agreement for providing services electronically with a 14-day notice period if: a. the purpose of registration or manner of using the services is contrary to the principles and purpose of the Online Store's operation, b. the User's activity is contrary to accepted moral standards, incites violence or commission of a crime, and also if it violates rights of third parties, c. the Seller received an official notification about the illegal nature of the User's provided data or related activities, d. the Seller obtained reliable information about the illegal nature of provided data or related activities and previously notified the Customer about the intention to prevent access to the Account, e. the User engages in sending unsolicited commercial information, f. the User, in a flagrant or persistent manner, violates the provisions of the Terms and Conditions, g. the address data provided by the User raises objectively justified doubts as to their correctness or compliance with truth, and these doubts could not be removed through telephone contact or via email.
- The Seller makes every effort to ensure proper and uninterrupted operation of the Online Store. In case the services or other services offered by the Seller indicated in these Terms and Conditions are inconsistent with them, do not work properly, the User has the right to file a complaint. Users are requested to submit complaints electronically to the email address: kontakt@ekogram.pl Users are requested, in order to streamline the complaint handling process, to indicate in the complaint their personal data and/or Login used to access the Account if they have an Account and to describe the reported objections.
- Complaints regarding services provided electronically are considered within 30 days from 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 about the manner of its resolution by the Seller via email.
CHAPTER IV. ORDER AND CONCLUSION OF SALES AGREEMENT:
- When placing an Order, the User may, but does not have to register in the Online Store and create an Account. In case of creating an Account, the Customer does not have to provide their personal data for subsequent Orders, can track the status of Order fulfillment and purchase history in the Online Store.
- Placing Orders in the Online Store is possible 24 hours a day, 7 days a week, however, the Seller fulfills Orders only on Working Days.
- To place an Order in the Online Store, the Customer is requested to perform the following actions: 3.1. select the Product to be purchased, choose the quantity of the ordered Product, any other Product properties, if such are available on the Product Page (e.g., weight), and then click on the "Add to cart" field, 3.2. then after selecting all ordered Products, click on the cart icon and click the "View cart contents" button, and then after optionally entering information for the Seller regarding the Order, confirming familiarization with the Terms and Conditions, click the "Checkout" button, 3.3. then the User should provide information required in the Order form, including their personal data for Order fulfillment, choose the delivery method and payment method from those available during Order placement, and then after verifying the data and information entered by the Customer to place the Order and their possible modification if there was any mistake, to place the Order click the "Order and pay" button. In this step, the User can create an Account and also sign up for the newsletter.
- Sending the Order by the Customer constitutes the Customer's offer submitted to the Seller regarding the conclusion of a Sales Agreement, in accordance with the content of the Terms and Conditions.
- The Customer receives from the Seller: a. confirmation of receiving the offer from the Customer, i.e., an automatically generated email message confirming receipt by the Seller of the offer to conclude a Sales Agreement, containing the Order number and date, Customer data, Product description (or reference to the description on the Product Page in the Online Store), Price and other information regarding the Order; b. message with information that the Order is being processed. Such message is sent after verification of the Order by the Seller of payment for the Order and its acceptance for fulfillment. Upon receipt of the above email information, the Sales Agreement is concluded, which for the Customer means placing an Order only after paying the Price with delivery costs. The Sales Agreement is concluded in Polish.
- The Seller does not specify a minimum Order value in the Online Store. Until clicking "Order and pay" the User can change the Products to order, and also resign from placing the Order. The Customer is bound by the Terms and Conditions from the moment of placing the Order.
- The Seller does not allow placing Orders by phone; ordering Products is possible only through the Online Store.
- The content of Sales Agreements concluded using the Online Store is stored by the Online Store's IT system for the period of having an Account, and the content of these agreements is made available only to parties to the Sales Agreement. Each Customer, after logging into the Account, has access to all their Sales Agreements concluded through 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 for 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 Customer is requested to properly store Products following the recommendations placed on the label of the Product packaging. The Seller indicates that improper storage of Products (inconsistent with the indicated recommendations) may have a significant impact not only on the appearance or taste qualities of the Product but primarily on the suitability of the Product for further consumption, despite its expiry date indicated on the Product packaging.
CHAPTER V. FORMS OF PAYMENT, FORMS OF DELIVERY:
- In the Online Store, only prepayment for the Order is possible through the przelewy24.pl electronic payment system, also using 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 chooses electronic payment as the form of payment and is redirected to the przelewy24.pl service. After logging into the bank or selecting 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 Customer is redirected back to the Online Store.
- The electronic payment operator is PayPro S.A. with headquarters in Poznań (60-198), at ul. Pastelowa 8, a national payment institution, supervised by the Financial Supervision Commission, entered in the Register of National Payment Institutions maintained by the Financial Supervision Commission under number UKNF IP24/20214, entered in the register of entrepreneurs maintained by the District Court in Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number 0000347935, with share capital of PLN 5,476,300, fully paid up, having tax identification number NIP: 779-23-69-887. Detailed PayU payment regulations can be found at: https://www.przelewy24.pl/regulamin The Customer's personal data is transferred through the internet payment system to PayPro S.A., which is their personal data administrator.
- The Seller waits for Order pickup from the Pickup Location for 7 days from the agreed pickup date; after this period, the Order will be canceled.
- The time of starting Order fulfillment coincides with the moment of receiving information about payment from the electronic payment system by the Seller.
- Orders are delivered via DPD courier company or to an Inpost parcel locker selected by the Customer. Delivery costs depend on the chosen form of delivery and are detailed in the Shipping Policy tab. Personal pickup of the Order from the Pickup Location is also possible - in this case, the Customer does not bear any delivery costs.
- The total cost of Product delivery (i.e., Product Price and fee for the delivery form chosen by the User) is visible to the Customer during Order placement, as well as in the Order confirmation email and after logging into the Customer's Account in the "My account" tab. The Consumer or Consumer-Entrepreneur will be charged additional costs only after obtaining their explicit consent.
- Orders for PLN 150 and above (delivery costs are not included in this amount) are sent by the Seller to addresses in Poland at the Seller's expense, i.e., without any charges for the Customer.
CHAPTER VI. ORDER FULFILLMENT:
- The Online Store fulfills Orders in the Republic of Poland. In case of choosing a delivery location outside Poland, the Customer is requested to contact the Seller immediately to determine the possibility of delivery and detailed terms 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 by 12:00 PM on Working Days are usually sent the same day, after receiving payment information from the electronic payment system; Orders placed after 12:00 PM are sent the next Working Day. The expected Order fulfillment time is visible to the User on the Product Page. Delivery receipt time = fulfillment time + expected delivery time.
- The Seller guarantees that Products available for order in the Online Store are available in the Seller's warehouse. However, in case of Product unavailability in the warehouse, the Customer will be immediately informed about this, and then has the right to resign from the entire Order, or resign from the missing Product, or agree to extend Order fulfillment, or agree to replace the missing Product with a similar one with similar properties and Price.
- The Customer undertakes to collect the ordered Products and/or pay the Price indicated by the Seller along with the delivery costs of the ordered Products and costs of any additional services selected by the Customer.
- In case of a delivery address outside Poland, the Customer is requested to contact the Seller immediately to determine individual terms of the Sales Agreement, in particular the costs of Order delivery.
- The Customer undertakes to collect the ordered Products and/or pay the Price indicated by the Seller for the Order.
- After receiving Products from the deliverer, the Customer is requested to check, in the presence of the deliverer, whether both the shipment and the Products contained in it do not have damage resulting from transport, whether they are consistent with the Order. Checking the shipment is a free service, guaranteeing the highest quality of services. In case of finding shipment damage, incompleteness or inconsistency of the shipment with the Order, the Customer is requested to report this fact to the deliverer.
- For non-Consumer or non-Consumer-Entrepreneur Customers, the Seller reserves the right of ownership of the Product until payment of the Price, in accordance with the provisions of these Terms and Conditions.
- A fiscal receipt or VAT invoice is issued for each sold Product. From January 2020, receiving an invoice by the Consumer is possible only after correct transfer of data (including NIP number) during Order placement. The sales document constitutes written confirmation of the content of the placed Order and 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 Customer is kept informed about changes in Order status via email.
CHAPTER VII. RIGHT OF WITHDRAWAL:
- According to Article 27 of the Consumer Act, the Seller informs about the right of the Consumer and Consumer-Entrepreneur to withdraw from the Sales Agreement within 14 days without giving any reason. The withdrawal period expires after 14 days from the day on which the Consumer or Consumer-Entrepreneur takes possession of the goods or on which a third party other than the carrier and indicated by the Consumer or Consumer-Entrepreneur takes possession of the goods.
- To exercise the right of withdrawal from the Sales Agreement, you must inform the Seller of your decision to withdraw from the Sales Agreement by means of an unequivocal statement (for example, a letter sent by post or email). If the Consumer or Consumer-Entrepreneur uses the form of sending the declaration of withdrawal from the Sales Agreement by email, the Seller will immediately send the Consumer or Consumer-Entrepreneur confirmation of receipt of the withdrawal information on a durable medium (for example by email).
- The Consumer or Consumer-Entrepreneur may also use the model withdrawal form, which constitutes Appendix No. 1 to these Terms and Conditions, however, this is not mandatory.
- To meet the withdrawal deadline, it is sufficient to send information concerning the exercise of the Consumer's or Consumer-Entrepreneur's right of withdrawal before the expiry of the withdrawal period from the Sales Agreement.
- Effects of withdrawal: in case of withdrawal from the Sales Agreement, the Seller will reimburse the Consumer or Consumer-Entrepreneur all payments received, including the costs of delivering the Products (except for additional costs resulting from the Consumer's or Consumer-Entrepreneur's choice of delivery method other than the least expensive standard delivery method offered by the Seller), without delay and in any case no later than 14 days from the day on which the Seller was informed about the Consumer's or Consumer-Entrepreneur's decision to exercise the right of withdrawal from the Sales Agreement.
- The Seller will make the reimbursement using the same means of payment as used by the Consumer or Consumer-Entrepreneur in the original transaction unless the Consumer or Consumer-Entrepreneur has expressly agreed to a different solution; in any case, the Consumer or Consumer-Entrepreneur will not incur any fees as a result of such reimbursement. In case of payment for Products by debit or credit card, the refund will be made to the bank account associated with the card. The Seller may withhold reimbursement until receipt of the Products or until evidence of having sent them back is provided, whichever is earlier.
- The Consumer or Consumer-Entrepreneur is requested to send back or hand over the returned Products to the following Seller's address: Michal Pelc ANAGRAM Jodłówka 777, 32-765 Jodłówka, without delay and in any event not later than 14 days from the day on which the Consumer or Consumer-Entrepreneur communicated their withdrawal from the Sales Agreement. The deadline is met if the Consumer or Consumer-Entrepreneur sends back the Product before the 14-day period has expired. The Consumer or Consumer-Entrepreneur will have to bear the direct cost of returning the Products.
- The Consumer or Consumer-Entrepreneur is only liable for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Products. This means that if the Consumer or Consumer-Entrepreneur returns a Product that is damaged, used for purposes other than what is necessary to establish the nature, characteristics, and functioning of the Product, the Seller has the right to return to the Consumer or Consumer-Entrepreneur the Price reduced by the lost value of the Product due to improper use of the Product. The Consumer or Consumer-Entrepreneur is requested to properly secure the returned Products during their transport to the Seller, particularly glass Product packaging, which, if not properly secured during transport to the Seller, may be damaged, also destroying the contents of the packaging.
- According to the provisions of Article 38 of the Consumer Act, the Consumer and Consumer-Entrepreneur do not have the right to withdraw from the contract in relation to contracts: a. 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 provision began that after the performance by the entrepreneur they will lose the right to withdraw from the contract; b. where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period; c. where the subject of the performance is a non-prefabricated item, manufactured according to the Consumer's or Consumer-Entrepreneur's specifications or serving to satisfy their individualized needs; d. where the subject of the performance is an item liable to deteriorate quickly or with a short shelf life; e. where the subject of the performance is an item delivered in a sealed package which cannot be returned after opening for health protection or hygiene reasons, if the package was opened after delivery; f. where the subject of the performance is items which, after delivery, due to their nature, become inseparably connected with other items; g. where the subject of the performance is alcoholic beverages, the price of which was agreed upon at the time of concluding the contract, and whose delivery can take place only after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control; h. where the Consumer or Consumer-Entrepreneur specifically requested the entrepreneur to visit them for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the Consumer, or delivers items other than spare parts necessary for repair or maintenance, the right of withdrawal applies to the Consumer or Consumer-Entrepreneur in respect of additional services or items; i. where the subject of the performance is sound or visual recordings or computer programs delivered in a sealed package if the package was opened after delivery; j. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; k. concluded by public auction; l. for the provision of services in the field of accommodation other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; m. for the supply of digital content which is not supplied on a tangible medium if the performance began with the express consent of the Consumer or Consumer-Entrepreneur before the expiry of the withdrawal period and after informing them by the entrepreneur about the loss of the right of withdrawal.
CHAPTER VIII. COMPLAINTS:
- In case when the buyer of Products is a Consumer or Consumer-Entrepreneur, the Seller is liable for non-conformity of the Product with the agreement on the principles indicated in the provisions of the Consumer Act - Chapter 5A, in particular Articles 43a-43g of the Consumer Act. In case of Customers who are not Consumers or Consumer-Entrepreneurs, the Seller is liable for Product defects in accordance with the principles of liability indicated in the provisions of the Civil Code, in particular Articles 556 and 556(1) – 576 of the Civil Code. If the buyer of the Product is not a Consumer or Consumer-Entrepreneur, the Seller's liability under warranty is excluded under Article 558 § 1 of the Civil Code.
- To avoid doubt, the Seller indicates that they do not provide warranty for Products within the meaning of Article 577 of the Civil Code.
- In case of finding non-conformity of the Product with the Sales Agreement or finding Product defects, the Customer may submit a warranty complaint to the Seller by sending it via email to: kontakt@ekogram.pl or by mail to: Michał Pelc ANAGRAM, Jodłówka 777, 32-765 Jodłówka.
- When submitting a complaint, the Customer is requested, in order to streamline the complaint handling process, to provide the following data: full name, exact residential address, Order number, email address, and to precisely describe the non-conformity of the Product with the Sales Agreement/Product defect and the complainant's warranty claims (replacement with a new one, Price reduction, withdrawal from the Sales Agreement in case of a significant Product defect/significant non-conformity of the Product with the Sales Agreement). When submitting a complaint, the Customer is also requested to attach a copy of proof of purchase from the Seller (e.g., copy of receipt or VAT invoice).
- Complaints are considered within 14 days from filing the relevant complaint, in accordance with applicable regulations. The Customer will be informed about the manner of its resolution by the Seller. The Seller considers each complaint individually.
- The Seller informs that they agree to resolve consumer disputes in the mode of the Act of September 23, 2016, on out-of-court resolution of consumer disputes (Journal of Laws 2016, item 1823). In case of non-acceptance of the complaint by the Seller, the Consumer may use out-of-court ways of considering complaints and pursuing claims and turn for intervention to the Provincial Inspectorate of Trade Inspection in Kraków, ul. Ujastek 1, 31-752 Kraków, www.krakow.wiih.gov.pl Detailed procedures for using the Trade Inspection's help are available on the office's website and at www.uokik.gov.pl in the "Consumer dispute resolution" and "Important addresses" tabs. Out-of-court pursuit of claims after completing the complaint procedure is free. In case of a Customer who is a Consumer who wants to use out-of-court methods of pursuing claims, there is additionally the possibility to submit a complaint through the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/ To avoid doubt, the Seller indicates that the rights described in this paragraph 6 do not apply to Customers who are Consumer-Entrepreneurs.
CHAPTER IX. PERSONAL DATA:
- The User when placing an Order in the Online Store without Account registration, and/or registering an Account, and/or contacting the Seller (by email, phone, or through the contact form), and/or using other services provided by the Seller electronically (Account Password reminder, Product opinion, Product question), and/or using the service of receiving information about Products, recipes, videos and marketing and commercial information, information about promotions in the Online Store from the Seller via email - provides the Seller with their personal data (first and last name, address, email address, phone number, optionally company name, business address, NIP, IP address of the computer used by the User while using the Online Store).
- In case of placing an Order without Account registration, and/or contact with the Seller, and/or Account Password reminder, and/or posting a Product opinion on the Product Page, sending a Product inquiry - the legal basis for personal data processing is the performance of the Sales Agreement/agreement for providing services selected by the User electronically, and/or taking actions aimed at concluding the Sales Agreement/agreement for providing services electronically, contact with the User, based on the User's request, in accordance with the provisions of Article 6(1)(b) of 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 "GDPR Regulation"). In case of Account registration, and/or using the service of receiving information about Products, recipes, videos and marketing and commercial information, information about promotions in the Online Store from the Seller via email - the legal basis for personal data processing is the User's consent, in accordance with the provisions of Article 6(1)(a) of the GDPR Regulation.
- 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 realizing the purpose for which the data was collected.
- More information about personal data processing, including User rights, can be found in the Privacy Policy, which constitutes an integral part of the Terms and Conditions.
CHAPTER X. FINAL PROVISIONS:
- In matters not regulated by these Terms and Conditions, relevant provisions of Polish law shall apply, in particular the Civil Code, Act on Providing Services by Electronic Means, GDPR Regulation, and in relation to Consumers and Consumer-Entrepreneurs also the Consumer Act.
- To avoid doubt, it is stated that none of the provisions of these Terms and Conditions limits or excludes the rights of the Consumer or Consumer-Entrepreneur that are granted to them under the laws of the Consumer's or Consumer-Entrepreneur's country.
- The Seller is entitled to make changes to these Terms and Conditions for important reasons (e.g., change in law, change in Online Store operating rules). In case of changes to these Terms and Conditions, the User will be notified at least 14 days before the changes take effect (appropriate information about changes in the Terms and Conditions will be placed on the Online Store website, and Users with an Account or subscribing to information by email will receive information about the change in Terms and Conditions by email.) In case of non-acceptance of the modified Terms and Conditions, the User has the right to resign from using the Online Store and terminate the service agreement. This does not exclude or limit the User's right to resign from using the Online Store at any time.
- The content of these Terms and Conditions may be recorded by printing, saving on a storage device, or downloading at any time from the Online Store website.
- The provisions of the Terms and Conditions should be interpreted in a way ensuring their compliance with applicable law.
Zielonki, May 17, 2024. These terms and conditions are effective from June 1, 2024
Appendix No. 1 – template of withdrawal statement from the agreement by Consumer or Consumer-Entrepreneur.
This form should be completed and sent back only if you wish to withdraw from the Sales Agreement
Consumer's name and surname/Consumer-Entrepreneur's company details
residential address/registered office address of Consumer-Entrepreneur
contact phone
order number and receipt/invoice number
Michał Pelc ANAGRAM Jodłówka 777, 32-765 Jodłówka with note "withdrawal from agreement"
Statement of withdrawal from distance contract
Acting in accordance with Article 27 of the Act of May 31, 2014, on consumer rights, I hereby declare that I withdraw from the sales agreement for the following products _______________________________________________________________________________
The sales agreement was concluded with Michal Pelc ANAGRAM on _______________ (date), and I received the products on ________________ (date).
Please refund the amount to the following bank account: __________________________________________________________
Date and signature of person withdrawing from sales agreement (only if the document will be sent to the Seller in paper version)