Terms and Conditions
Regulations for the online store and provision of electronic services
www.maglieriarosaria.com
§1 Definitions
- Online Store – website in the domain www.maglieriarosaria.com, to which the Service Provider holds the rights and on which Users can purchase Goods and use other Services offered by the Service Provider.
- Service Provider/Seller – Marta Derewicz conducting business activity under the name of MR Marta Derewicz, ul. Langiewicza 1a, 86-300 Grudziądz, entered into the Central Register and Information on Business Activity kept in the teleinformatic system by the minister responsible for economic affairs, under the NIP number: 8762510057 , REGON number: 528285519.
- User – a natural person with full legal capacity who uses the Online Store Services.
- Service provided electronically – a service consisting in sending and receiving data using public teleinformatic systems at the individual request of the User, without the simultaneous physical presence of the Parties.
- Goods – products offered in the Online Store.
- Parties - Service Provider and User and Seller and Buyer.
- Buyer - a natural person, a legal person or an organizational unit without legal personality, having full legal capacity, who uses the services of the Online Store to purchase Goods.
- User – a natural person, legal person or organizational unit without legal personality, having full legal capacity, which concludes an Agreement with the Service Provider for the provision of Services provided electronically.
- Consumer – a natural person concluding an Agreement to an extent not directly related to his or her business or professional activity.
- Customer with Consumer Rights (KPPUK) - a natural person concluding an Agreement directly related to his/her business activity, when the content of the agreement indicates that it is not of a professional nature for him/her, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
- Entrepreneur - a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
- Agreement - Sales Agreement or Agreement for the provision of electronic services concluded within this Online Store.
- Sales Agreement - a legally binding agreement concluded between the Seller and the Buyer, under which the Seller undertakes to deliver specific Goods and the Buyer undertakes to pay a specified price for these Goods.
- Agreement for the provision of electronic services - an agreement for the provision of Services by electronic means concluded between the Service Provider and the User via the Online Store.
- User Account - an individual User account that allows you to view your order history, track order status and manage your personal data.
- Newsletter - information sent by the Service Provider via e-mail to the e-mail address provided by the User, aimed at providing Users with regular information or content related to the offer and activities of the Service Provider, as well as educational content.
- Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), regulating consumer rights in the scope of concluding distance and off-premises contracts, as well as rights related to withdrawal from the contract and obtaining information about the products and services offered.
- Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended), specifying the principles of the provision of services by electronic means by service providers, the obligations of service providers, as well as the rights and obligations of service recipients, including regulations on the protection of personal data and privacy in the digital environment.
- Civil Code – Act of 23 April 1964, the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended), which is the basic legal act regulating the principles of civil law in Poland, including provisions on concluding contracts, civil liability, protection of personal rights and the rights and obligations of the parties in civil law relations.
- Regulations – these regulations.
§2 General provisions
- These Terms and Conditions of Use of the Online Store define the terms and conditions of the Service Provider's provision of Services by electronic means in accordance with the provisions of the Act of 18 July 2002 on the provision of services by electronic means, including the principles of using the Online Store, the scope of the Service Provider's liability as well as the terms and conditions of concluding Sales Agreements concluded at a distance, in accordance with the Act of 30 May 2014 on consumer rights and the principles of the complaint procedure and the exercise of the right to withdraw from a contract concluded at a distance.
- If the User does not accept the provisions of the Regulations, he should immediately stop using the Online Store. Before concluding any Agreement within this Online Store, the User is obliged to read the Regulations and accept their content.
- The User is obliged to comply with the provisions of the Regulations.
- The Regulations are made available to the User free of charge via the Online Store in a form that allows for obtaining, reproducing and recording the content of the Regulations. The current version of the Regulations and its archived versions are each time placed in the Online Store in the "Regulations" tab.
- The User may contact the Service Provider:
- at the e-mail address: contact@maglieriarosaria.com
- via the contact form provided in the Online Store,
- via online messengers as part of the social media operated by the Service Provider.
- Each of the methods of contact listed in the preceding paragraph guarantees that correspondence between the Parties will be maintained in documentary form, maintaining the date and time, and meets the requirements of a durable medium and enables quick and effective contact with the Service Provider.
- The information provided in the Online Store, in particular their descriptions and prices, do not constitute an offer within the meaning of the Civil Code, but are merely an invitation to conclude an agreement. For the avoidance of doubt, placing an order by the User is tantamount to placing an offer, in accordance with the content of the accepted Regulations, and the Agreement is concluded between the Parties upon receipt of confirmation of acceptance of the order by e-mail from the Service Provider.
§3 Rules for using the Online Store
- The use of the Online Store is possible provided that the IT system used by the User meets the following minimum technical requirements:
- a computer or other electronic device with Internet access,
- access to e-mail (if you wish to set up an Account or conclude an Agreement),
- an appropriately configured and up-to-date version of a web browser that supports cookies, e.g. Google Chrome, Firefox, Internet Explorer, Safari, which enables browsing websites.
- Using the Online Store means any action by the User that leads to him/her becoming familiar with the content contained in the Online Store.
- The User is obliged in particular to:
- not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
- using the Online Store in a way that does not disrupt its functioning, in particular through the use of specific software or devices, not taking actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,
- using the Online Store in a way that is not burdensome for other Users and the Service Provider,
- use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the network.
- The Service Provider reserves the right to temporarily suspend the operation of the Online Store, in particular due to the need to repair the system. Suspension of the operation of the Online Store does not affect the obligations of the Parties resulting from the Agreements concluded via the Online Store.
- Descriptions, photos, trademarks in the Online Store may be protected by the copyright of their owners. It is prohibited to copy and distribute them, use them for commercial purposes or place them on other websites without the express, prior and written consent of the Service Provider.
- Using the Online Store involves the risk of your computer system being infected with unwanted software, including software whose sole purpose is to cause damage. It is recommended to use the Online Store via a device with antivirus software.
- The Service Provider shall not be liable for any damage to the User resulting from:
- improper use of the Online Store by the User or use that is inconsistent with the Terms and Conditions;
- failure of the User's equipment;
- actions or omissions of Users.
- In the event of a suspicion that the password may have been disclosed to third parties, the User undertakes to immediately change the login details, in particular the password, or contact the Service Provider for this purpose.
- The User is fully responsible for violating the law and causing damage resulting from their actions in the Online Store.
- The User may file a complaint to the Seller in connection with the use of free Services provided electronically by the Service Provider. A complaint in this regard may be filed in electronic form and sent to the e-mail address: contact@maglieriarosaria.com
- In the complaint, the User should include a description of the problem that is the subject of the complaint. The Service Provider will promptly, but no later than within 14 days, consider the complaint and provide the User with an answer.
§4 Services provided electronically
- Through the Online Store, the User has access to the following options:
- Purchase of physical goods – The User has the option to purchase Goods offered by the Service Provider via the Online Store. The purchased goods will be delivered to the indicated address in accordance with the delivery and payment terms specified in the Regulations.
- Access to the User Account – After Registering an Account in accordance with the principles set out in these Regulations, the User receives access to the individual User panel, where they can access their data and view their purchase history.
- Newsletter subscription – The User may receive notifications about new products, offers, promotional campaigns, events or the Service Provider's activities in social media. promotions as part of the Newsletter Service.
§5 Creating a User Account
- The service of maintaining an Account in the Online Store is available after the User has registered. Registration is done by providing an email address in the registration form, to which a login code is sent. The code is valid for 15 minutes and can be used only once. After entering the login code in the Online Store, the User Account is registered in the Online Store. To set up a User Account, it is necessary to accept these Regulations.
- The agreement for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period of time at the moment the User enters the login code, which constitutes confirmation of the creation of the Account.
- Within the Account, the User has access to the following functions:
- access to your personal data,
- viewing the history of purchases and transactions made in the Online Store,
- The user account is available only to the User and is not visible to third parties. The data contained in the Account is kept confidential, and the User profile is not made publicly available and does not constitute a social media profile.
- The User has the right to terminate the Account management agreement at any time by submitting a request to delete the Account to the Service Provider's e-mail address: contact@maglieriarosaria.com .
§6 Newsletter
- To use the Newsletter service you must:
- possession of an electronic device with an operating system,
- access to the Internet via one of the Internet browsers,
- having an email address.
- The provision of the Newsletter Service involves the transmission of data via the Internet and therefore entails the risk of system infection. The Service Provider uses technical and organizational measures to ensure that the use of the Newsletter Service is safe, however, it is always recommended that the User uses such security measures as e.g. antivirus software.
- The Newsletter service consists in sending information by the Service Provider to the e-mail address provided by the User in the form of an electronic letter (e-mail), containing commercial and marketing information, including in particular the Service Provider's offer, information on new products, offers, promotional campaigns, events or the Service Provider's activities in social media.
- The Newsletter service is provided in exchange for the User's personal data. To use the Newsletter service, the User must provide their e-mail address in the Newsletter subscription form, available in the Online Store.
- By subscribing to the Newsletter Service, the User consents to:
- receiving commercial and marketing information regarding products, services, promotions and other news related to the activities of the Service Provider, sent electronically in accordance with Art. 10 sec. 1 of the Act of 18 July 2002 on the provision of services by electronic means.
- use of telecommunications terminal equipment, such as a computer, telephone or tablet, to send marketing information in accordance with Article 172 paragraph 1 of the Act of 16 July 2004 - Telecommunications Law.
- After clicking the button expressing the will to subscribe to the Newsletter service, an e-mail with a link confirming the will to subscribe to the Newsletter service will be sent to the address provided by the User. By clicking the button expressing the will to subscribe to the Newsletter service, the User consents to receiving commercial and marketing information to the e-mail address provided.
- In case of confirmation of the subscription via the activation link, the User's e-mail address will be added to the mailing list. This e-mail will be used to send the User commercial information and direct marketing until the User unsubscribes.
- The Service Provider reserves the right to discontinue the provision of the Newsletter Service at any time. The Service Provider will inform Users about the discontinuation of the Services via e-mail.
- Information sent as part of the Newsletter Service constitutes works within the meaning of copyright law and is subject to protection. Any copying, reproduction, modification and use in a manner inconsistent with the intended purpose and without the consent of the Service Provider is prohibited and may constitute a violation of applicable regulations.
- The use of the content contained in the Newsletter is permitted only for personal use. Using the Service Provider's content for commercial purposes, promoting competitive activity or any other commercial or non-commercial activity without the Service Provider's consent is prohibited.
- The User may withdraw from the Newsletter service agreement at any time and without giving any reason. The withdrawal from the service may take place:
- by clicking on the button contained in each e-mail sent as part of this Service expressing the will to unsubscribe from the Newsletter,
- by sending the resignation in electronic form to the e-mail address: contact@maglieriarosaria.com ,
- by sending the resignation to the following address: Maglieria Rosaria, ul. Langiewicza 1a, 86-300 Grudziądz,
- Upon receipt by the Service Provider of a statement of withdrawal from further subscription to the Newsletter Service, the agreement shall be terminated.
- The User has the right to file complaints regarding the use of the Newsletter service. To do so, contact the Service Provider at:
- e-mail address: contact@maglieriarosaria.com ,
- address: Maglieria Rosaria, ul. Langiewicza 1a, 86-300 Grudziądz
- The complaint should include:
- User's e-mail address to which the Newsletter is sent,
- a description of the matter to which the complaint relates;
- preferred method of being informed about the handling of the complaint,
- contact details for preferred contact for information on complaint handling.
- Complaints will be considered within 14 days from the date of receipt of the complaint.
§7 Conclusion of the Sales Agreement
- By the Sales Agreement, the Seller undertakes to transfer ownership of the Goods covered by the order to the Buyer and deliver them to him, and the Buyer undertakes to collect the Goods covered by the order and pay the price to the Seller.
- The sales agreement is concluded in Polish, with content consistent with the Regulations.
- In order to make a purchase, you must fill out the purchase form. Providing personal data in the form is necessary to conclude and execute the Sales Agreement. In order to place an order, you must select the Goods both in terms of type and quantity. Each of the selected Goods must be added to the basket using the appropriate button. After completing the entire order, go to the basket and continue the ordering process, during which the Buyer provides their personal data, selects the methods of delivery of the Goods and payment methods and is informed about the total value of the selected Goods and delivery costs as well as about placing an order with the obligation to pay.
- The condition for placing an order is acceptance of the Regulations and Privacy Policy by checking the appropriate box in the form. Expressing consent to subscribe to the Newsletter service is voluntary.
- Orders can be placed in the Online Store 7 days a week, 24 hours a day, excluding technical breaks during which the Service Provider introduces changes to the website.
- Each order placed by the Buyer is confirmed by an e-mail with information about its acceptance. The conclusion of the Sales Agreement occurs at the moment the Buyer receives e-mail information about the acceptance of the order.
- If the data provided in the form is incomplete and it is impossible to complete the order, the Seller will contact the Buyer to complete the data.
- From the day the funds are credited to the Seller's account for the payment of the order, the Seller begins the execution of the order and has up to 3 business days to complete it. The execution of the order consists of: accepting the order, completing the order, packing the order and issuing for delivery. If the deadline for the last day falls on a non-working day, then the deadline ends with the expiry of the next business day. After this deadline, the Seller sends the goods in accordance with the principles specified in §8 of the Regulations and the delivery deadline depends on the selected carrier and lasts from 1 to 4 business days.
- If extraordinary circumstances occur that make it impossible to complete the order within the time specified in point 8, the Seller will contact the Buyer. In such a case, the Buyer has the right to:
- demand that the sales contract be executed with a delay or
- withdrawal from the contract and recovery of the paid amount. In this case, the money will be returned to the Buyer immediately, but no later than within 7 days from the date of informing the Seller about the desire to recover the funds due to the impossibility of implementing the Contract on time.
§8 Deliveries
- The Seller delivers the Goods within the territory of the Republic of Poland and abroad to selected countries.
- The Seller provides the possibility of delivery via carriers indicated at the time of placing the order, including the Inpost carrier.
- The delivery time of the Goods to the Buyer is up to 3 business days, depending on the selected delivery option, unless the delivery is to take place outside the borders of the Republic of Poland, then the delivery time is agreed between the parties individually and the Buyer should contact the Seller before making a purchase to determine the delivery date.
- The costs of delivery of the Goods are covered by the Buyer and their amount, depending on the delivery method, is specified each time in the price list on the order form.
- The Goods ordered by the Buyer will be delivered to the address indicated by the Buyer when placing the order or to the collection point indicated by the Buyer.
- The Buyer is obliged to collect the Goods upon delivery of the goods by the courier or within the maximum time limit for collection of the order specified by the carrier.
- If the Buyer does not collect the Goods, they are obliged to cover additional costs incurred by the Seller, i.e. the costs of return shipment to the Seller and the costs of re-shipment, if the Buyer (in the manner and within the time specified in the Regulations) has not withdrawn from the distance contract. If the Buyer has withdrawn from the contract, then they are only obliged to cover the costs of return shipment to the seller.
- In the event that the Buyer fails to collect the Goods and there is no agreement with the Buyer regarding re-shipment, the Seller has the right to withdraw from the contract without setting an additional deadline for collecting the Goods. The declaration of withdrawal from the contract will then be sent to the Buyer by e-mail with information about the cancellation of the order due to its failure to collect it within the required deadline and the Seller will return to the Buyer the price paid by them for the Goods reduced by the costs of shipping to the Buyer and the costs of returning the goods to the Seller (unless the Buyer has withdrawn from the contract concluded at a distance in the manner and within the deadline specified in the Regulations, in which case the Seller has the right to deduct only the costs of returning the goods to the Seller from the price returned to the Buyer).
- If neither the Seller nor the Buyer withdraws from the contract and the Seller sets an additional deadline for the Buyer to collect the Goods, the Seller may reserve the right to re-ship the Goods only after the Buyer has paid the return shipping costs and the re-shipment costs.
- Goods Issue:
- in relation to the Buyer who is an Entrepreneur and KPPUK, it occurs when the Seller entrusts the Goods to a carrier engaged in the transport of such goods,
- in relation to the Consumer, it takes place at the moment of its delivery to the Consumer, unless the Seller had no influence on the choice of the carrier by the Consumer, then the delivery of the goods takes place at the moment the Seller entrusts the Goods to a carrier engaged in the transport of such goods.
- Upon delivery of the Goods, the benefits and burdens associated with the Goods and the risk of accidental loss or damage to the Goods are transferred to the Buyer.
- At the time of delivery of the shipment by the carrier, the Buyer who is an Entrepreneur is obliged to examine the shipment at the time and in the manner accepted for shipments of this type; if he finds that there has been a loss or damage to the item during transportation, he is obliged to take all actions necessary to establish the carrier's liability.
- In the event of damage, destruction, loss, loss or theft of the Goods during shipment:
- The Buyer who is an Entrepreneur or KPPUK is obliged to first pursue claims in this respect from the carrier,
- The Buyer who is a Consumer files his claims against the Seller.
§9 Payment Terms and Methods
- The prices of Goods given on the website are given in Polish zloty and include all public law dues, including VAT.
- The buyer has the option to request a VAT invoice, to do this, select the appropriate option in the order form and provide company details. It is not possible to issue a VAT invoice later.
- The Buyer consents to receiving a VAT invoice in electronic form.
- The Buyer makes the payment via the Przelewy24 online payment system - online payment, payment before the Goods are shipped (prepayment). After placing the order, the Buyer should make the payment via the online payment gateway at the time of placing the order. The order is fulfilled after the Buyer's payment is posted in the payment system,
- The Buyer is obliged to pay for the Goods at the time of placing the order, but no later than 24 hours after placing the order. If the Buyer fails to meet the payment deadline, the Seller has the right to withdraw from the contract without setting an additional deadline for making the payment. After 24 hours from placing the order, which has not been paid for, the order is automatically cancelled and the information about the cancellation of the order constitutes the Seller's declaration of withdrawal from the contract.
§10 Complaints
- All accessories offered in the Maglieria Rosalia store are hand-made, which makes each piece unique. As a result, there may be slight differences in structure, color or finish compared to the illustrative photos posted in the Online Store. These differences are a natural effect of the handicraft process and testify to the authenticity and unique character of each product.
- We make every effort to ensure that the product photos reflect their actual appearance as closely as possible. However, it should be noted that differences resulting from hand-made production are a characteristic feature of our accessories. If the ordered product does not meet your expectations, you have the right to:
- withdrawal from the distance contract within 14 days from the date of receipt of the goods, in accordance with applicable regulations and the principles set out in our Regulations,
- submit a Complaint in accordance with the principles set out in these Regulations if the Goods are inconsistent with the Agreement.
- The Seller is responsible for the compliance of the Goods with the contract towards Consumers and the KPPUK pursuant to the Act of 30 May 2014 on consumer rights.
- The Seller's liability under the warranty towards Entrepreneurs is excluded.
- The Seller shall be liable for any lack of conformity of the Goods with the contract existing at the time of their delivery and revealed within two years of that time. It is presumed that any lack of conformity of the Goods with the contract that became apparent before the expiry of two years from the time of delivery of the Goods existed at the time of their delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the Contract.
- If the Goods are inconsistent with the contract, the Consumer or KPPUK may request that they be repaired or replaced.
- The Seller may make a replacement when the Consumer or KPPUK requests repair, or the Seller may make a repair when the Consumer or KPPUK requests replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer or KPPUK is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Goods into conformity with the contract.
- The Seller shall repair or replace the goods within a reasonable time from the moment the Seller has been informed by the Consumer or KPPUK about the lack of conformity with the contract, and without excessive inconvenience to the Consumer or KPPUK, taking into account the nature of the goods and the purpose for which the Consumer or KPPUK purchased them.
- The costs of repair or replacement, including in particular the costs of postage, shipping, labor and materials, shall be borne by the Seller.
- The Consumer or KPPUK is not obliged to pay for normal use of the Goods that were subsequently replaced.
- If the Goods are inconsistent with the contract, the Consumer or KPPUK may submit a declaration of price reduction or withdrawal from the contract when:
- The Seller refused to bring the Goods into conformity with the contract through repair or replacement,
- The Seller has not brought the Goods into conformity with the contract through repair or replacement,
- the lack of conformity of the Goods with the contract persists even though the Seller has attempted to bring the Goods into conformity with the contract by repairing or replacing them;
- the lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior repair or replacement,
- it clearly follows from the Seller's statement or the circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer or KPPUK.
- The reduced price must remain in such proportion to the price resulting from the contract in which the value of the Goods that are inconsistent with the contract remains in relation to the value of the Goods that are consistent with the contract.
- The Seller shall return to the Consumer or KPPUK the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's or KPPUK's statement on the price reduction.
- The consumer or KPPUK may not withdraw from the contract if the lack of conformity of the Goods with the contract is immaterial.
- If the lack of conformity with the contract concerns only some of the features of the Goods delivered under the contract, the Consumer or KPPUK may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods acquired by the Consumer or KPPUK together with the Goods that are non-conforming with the contract, if the Consumer or KPPUK cannot be reasonably expected to agree to retain only the Goods that are compliant with the contract.
- In the event of withdrawal from the contract, the Consumer or KPPUK shall immediately return the Goods to the Seller at his expense.
- The Seller shall return the price to the Consumer or KPPUK immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.
- The Seller shall refund the price using the same method of payment as used by the Consumer or KPPUK, unless the latter has expressly agreed to another method of refund that does not involve any costs for the Consumer.
- A complaint regarding the Goods may be submitted on the complaint form constituting Annex 2 to these Regulations or on another form.
- The complaint form can be sent to the email address: contact@maglieriarosaria.com .
- The goods covered by the complaint must be properly secured, packed together with the complaint form and proof of purchase (e.g. receipt, invoice, printout confirming the order, printout from the bank account) and sent to the following address: Maglieria Rosaria, ul. Langiewicza 1a, 86-300 Grudziądz.
- The Seller is obliged to consider the complaint within 14 days of its delivery to the Seller. In the event of the ineffective expiry of this period, it is considered that the Consumer's request has been deemed justified.
- The costs of delivery of the complained-about Goods and the costs of repaired or replaced Goods shall be borne by the Seller.
§11 Right of withdrawal
- The consumer and KPPUK who have concluded a distance contract may withdraw from it within 14 days without giving any reason and without incurring any additional costs, except for the costs of transporting the returned Goods to the Seller.
- The period specified in paragraph 1 is counted from the day the Consumer or KPPUK, a third party indicated by them or a person to whom the shipment was effectively delivered to the Consumer's or KPPUK's address takes possession of the item. To meet this period, it is sufficient to send the declaration before it expires.
- In order to withdraw from the contract, the Consumer or KPPUK may formulate a declaration themselves or use the model declaration of withdrawal from the contract, which constitutes Annex 1 to the Regulations.
- The Seller uses an annex containing the model withdrawal form referred to in art. 12 sec. 1 item 9 of the Act of 30 May 2014 on consumer rights.
- The declaration of withdrawal from the contract may be sent to the e-mail address: contact@maglieriarosaria.com .
- The declaration of withdrawal from the contract together with the returned Goods should be sent to the following address: Maglieria Rosaria, ul. Langiewicza 1a, 86-300 Grudziądz.
- The consumer is liable for the reduction in the value of the item resulting from its use in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product. The consumer and the KPPUK are then liable for the refund of the difference in price between the full-value Product and the value of the Product resulting from damage or destruction of the Product. The seller will deduct the amounts due from the amount refunded to the consumer or the KPPUK.
- Within 14 days from the date of submitting the declaration of withdrawal from the Agreement, the Seller shall return the payments made by the Consumer or KPUUK.
- If the Consumer has chosen a different method of delivery of the Goods than the cheapest method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer. The Seller then refunds the costs of the cheapest delivery of the Goods to the Consumer or KPPUK.
- The consumer or KPPUK who has withdrawn from the contract is obliged to return the Goods no later than 14 days from the day on which the withdrawal occurred. To meet the deadline, it is sufficient to return the Goods before the deadline expires.
- The Seller shall refund the payment using the same method of payment as used by the Consumer or KPPUK, unless the latter agrees to a different method of refund, provided that this method will not involve any costs for the Consumer or KPPUK.
- The Seller may withhold the refund of payments received from the Consumer or KPPUK until the Seller receives the goods back or until the Consumer provides proof of sending them back, depending on which event occurs first, unless the Seller has offered to collect the goods from the Consumer or KPPUK himself.
- The seller does not accept returns sent cash on delivery.
- The consumer and KPPUK have no right to withdraw from the contract in the event of:
- where the subject of the provision is a non-prefabricated product, manufactured according to the consumer’s specifications or intended to meet his individual needs;
- where the subject of the service is goods that spoil quickly or have a short shelf life;
- where the subject of the service is goods 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;
- where the subject of the provision are goods which after delivery, due to their nature, are inseparably connected with other goods,
- in other cases not listed above but specified in Article 38 section 1 of the Act of 30 May 2014 on consumer rights.
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The exception are figs, which cannot be returned for hygiene reasons.
§12 Personal data protection
- Users' personal data will be processed in accordance with 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).
- Detailed information about (among others) the personal data controller, the purpose and basis of personal data processing, the transfer of personal data to third parties, information on the need to provide personal data, the period of storage of personal data, and rights related to the processing of personal data can be found in the Privacy Policy tab.
§13 Final provisions
- In matters not regulated in these Regulations, the relevant provisions of generally applicable law shall apply.
- These Regulations are effective from 17/11/2024
- The Seller reserves the right to change the Regulations for important reasons. Important reasons include:
- a change in generally applicable provisions of Polish or EU law that require the provisions of these regulations to be adapted to these provisions,
- introducing new functionalities in the Online Store,
- increasing User security,
- the need to counteract abuses committed in connection with the use of the Online Store,
- extending or changing the offer,
- changes in technology or technical infrastructure,
- changes in business strategy,
- changes in relationships with contractors or suppliers,
- responding to competitive activities and market trends,
- crises and emergencies.
- The Seller will inform Users about any change to the Regulations by placing information about the change to the Regulations on the main page.
- Users:
- those with a User Account will be additionally notified by the Service Provider by sending information about changes to the Regulations to the e-mail address provided by them in the registration form, if changes to these regulations affect their rights and obligations resulting from having a User Account. In the event of non-acceptance of the provisions of the new Regulations, Users will still have the right to resign from having a User Account;
- those using the Newsletter Service and entered on the mailing list will be additionally notified of the change of the Regulations by the Service Provider by sending information about the change of the Regulations to the e-mail address indicated by them in the registration form for the Newsletter, if the changes to these regulations affect their rights and obligations resulting from the use of the Newsletter Service. In the event of non-acceptance of the provisions of the new Regulations, Users will still have the right to resign from the Newsletter Service.
- Any change to the Regulations shall enter into force within 14 days from the date of publication in the Online Store.
- In the case of contracts concluded before the amendment of the Regulations, the Regulations in the version in force on the date of conclusion of the Agreement shall apply. For orders placed and not fulfilled before the date of entry into force of the new Regulations, the provisions of the Regulations in force at the time of placing the order shall apply.
- Archived versions of the regulations are available on the website in the Regulations tab.
- The consumer has the right to use the following out-of-court methods of pursuing claims and handling complaints:
- the possibility of filing a request for the conduct of proceedings on the out-of-court resolution of consumer disputes pursuant to the Act of 23 September 2016 on the out-of-court resolution of consumer disputes,
- filing a request for the case to be examined by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Trade Inspection;
- contacting the Municipal Consumer Advocate for assistance in protecting the interests and rights of Consumers. Free assistance to Consumers in protecting their rights and interests is also provided by social organizations, such as the Association of Polish Consumers.
- The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
- In the event of disputes that must be resolved through legal proceedings, the competent court is:
- For Entrepreneurs - the court competent for the seat of the Service Provider,
- For Consumers and the KPPUK - the competent court according to general jurisdiction.
- Users who are Consumers have the option of using an out-of-court method of handling complaints and pursuing claims before the Permanent Consumer Arbitration Court at the relevant Provincial Inspectorate of Trade Inspection. Information on how to access the above-mentioned mode and procedures for resolving disputes can be found at the following address: www.uokik.gov.pl, in the tab "Resolving consumer disputes". Users who are Consumers also have the option of using the EU ODR internet platform, available at the following internet address: ec.europa.eu/consumers/odr.