1. Regulations - these regulations. In terms of services provided electronically, the Regulations are the regulations referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
2. Seller - Owocowe Smaki Sp. z o. o. with its registered office in Trzciana 1, 36-071 Trzciana, registered in the Register of Entrepreneurs by the District Court in Rzeszów, 12th Commercial Division of the National Court Register, under KRS number 0000407719, with share capital in the amount of PLN 14,000.00, NIP: 5170358424, REGON: 180 804 820, e-mail address: firstname.lastname@example.org, phone: 17 8707202.
3. Customer / Buyer - a natural person who is at least 13 years of age, and if the person is not 18 years of age, the consent of his legal representative is required, as well as a legal person and an organizational unit that is not a legal person which special provisions confer legal capacity, and which places or intends to place an order or uses other services of the Online Store (including the Consumer).
4. Online Store / Store - the website available at www.owocowesmaki.pl, through which the Customer can purchase Goods from the Seller.
5. Goods - movable items presented in the Online Store that may be the subject of a sales contract. The Seller makes every effort to ensure that the offer presented on the website is up-to-date. However, if some of the Ordered Goods were not available, the Seller undertakes to immediately inform the Buyer about the situation by phone or e-mail.
6. Sales Agreement - a contract for the sale of Products within the meaning of the Civil Code, concluded between the Seller and the Customer, using means of distance communication.
7. Order - Customer's declaration of will clearly specifying the type and quantity of Goods, aimed directly at concluding a Distance Sale Agreement via the Online Store.
8. Order confirmation - the Seller's declaration of will confirming the acceptance of the order for execution, setting the moment of concluding the Sales Agreement with the Customer on the terms specified in the Order and confirmed in the Order Confirmation.
II. General rules
1. These Regulations define the rules for concluding contracts for the sale of Goods between the Seller and Customers, using means of distance communication and using the Online Store www.owocowesmaki.pl, available at the Internet address: www.owocowesmaki.pl.
2. The Regulations are addressed to all Customers of the Online Store. The customer is obliged to comply with all the provisions of the Regulations. The sale takes place on the basis of the version of these Regulations in force at the time of placing the Order.
3. The condition for placing an Order in the Online Store by the Buyer is to read these Regulations and accept its provisions. By placing an Order, the Customer accepts the content of the Regulations.
4. The online store www.owocowesmaki.pl conducts retail sales via the Internet.
5. All Goods offered in the Store are manufactured by the Seller, originally packed, free from physical and legal defects, and have been legally placed on the Polish market.
6. All information on the Store's website relating to the products (including prices) shall not constitute an offer within the meaning of Art. 66 of the Civil Code, but an invitation to conclude a contract specified in Article 71 of the Civil Code.
7. The information on the price provided on the website of the Online Store is binding from the moment of the Order Confirmation, however, from the moment of the effective placement of the order, the price valid on the date of placing the Order will not change, regardless of changes in prices in the Store, which may occur in relation to individual Goods. .
8. The customer is obliged in particular to:
a.use the services offered by the Seller in a manner that does not disturb the functioning of the Online Store, in particular through the use of specific software or devices;
b. not to take steps to obtain classified information held by the Seller;
c. use the services offered by the Seller 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 with the customs adopted in a given scope;
d. use the services offered by the Seller in a manner that is not inconvenient for other Customers and the Seller, with respect for their personal rights (including the right to privacy) and other rights they are entitled to,
e. use of any content contained in the Online Store only for personal use.
9. The Seller may deprive the Customer of the right to use the website in the event of providing false data in the Order or in the event of a breach of the obligations referred to in point 8 above. A customer who has been deprived of the right to use the services of the Online Store may not purchase again via the Online Store without the prior consent of the Seller.
III. Scope, rules and conditions for using the Online Store
1. The condition for the successful placing of the order is to provide accurate address data by the Customer, required by the Online Store and indicate the telephone number or e-mail address at which it will be possible to contact the Seller.
2. The Seller reserves the so-called logistic minimum for the purposes of accepting the Order for execution - only Orders for Goods weighing a minimum of 10 kg will be accepted for execution.
3. All prices in the Online Store are gross prices in Polish zlotys (including VAT). The given prices do not include shipping costs. If you choose to pay on delivery, the Buyer is obliged to pay an additional fee of PLN 10.
4. Orders are accepted via the website or by phone.
5. Orders placed via the website can be placed 24 hours a day, 7 days a week throughout the year. Placing Orders by phone is possible only during the hours specified on the website of the Online Store.
6. The order is effective if the Buyer correctly completes the Order and provides correct contact details, including the exact address to which the Goods are to be sent, as well as the telephone number and e-mail address.
7. The information provided in the Order should be true and up-to-date. In the event of providing untrue or out-of-date information, the Seller is not obliged to complete the Order.
8. The Seller shall take all possible technical and organizational measures to prevent unauthorized persons from obtaining and modifying the data provided when placing orders.
9. If the data provided is not complete, the Seller will contact the Buyer by phone or e-mail. If contact with the Buyer is not possible or proves ineffective, the Seller has the right to cancel the Order.
10. The Buyer agrees to issue and send by electronic means, to the e-mail address provided by him, an electronic image of settlement documents, in particular, such as: VAT invoices with attachments, corrective VAT invoices with attachments. This consent also entitles the Seller to issue and send VAT invoices in electronic form, in accordance with the regulation of the Minister of Finance of 20 December 2012 on sending invoices in electronic form, rules for their storage and the procedure for making them available to the tax authority or tax inspection authority.
11. When placing the Order, the Buyer may consent to the placing of personal data in the database of the Seller's Online Store for the purpose of processing them in connection with the execution of the Order. The buyer has the right to demand their removal.
12. Purchases are made by adding Goods to the basket. In order to place an order, select the payment method (transfer / download / Dotpay) and, if you choose an invoice, fill in the "Invoice data" fields. After performing the above steps, the order is summarized and if it is correct, the Customer purchases the selected goods by pressing the "Order with payment obligation" button - at this moment the sales contract is concluded.
13. If the Customer chooses the payment method in the form of a prepayment, ie by traditional transfer or DotPay, failure to receive the payment, respectively, to the Seller's account or to the Dotpay system operator's account within 5 working days of placing the order, will result in the cancellation of the order. Shipment of goods takes place after the above payments are credited to the account.
14. After sending the order, the Customer receives confirmation of the conclusion of the sales contract by e-mail (Confirmation of the order acceptance), to the e-mail address provided by him. At the same time - for verification purposes - in this e-mail, the Customer is asked to confirm the concluded sales contract using the "confirm" button. Failure to confirm the order within 2 working days will be automatically considered as cancellation of the order.
IV. Making a payment
1. All prices of goods posted on the Store's website:
a. are given in Polish zlotys,
b. include VAT,
c. include delivery costs within the territory of the Republic of Poland.
2. In the event of deliveries to an address outside the territory of the Republic of Poland, the Seller, before accepting the order, will contact the Customer by phone or e-mail in order to individually agree on the costs, dates and method of delivery. If it is impossible to contact the Buyer within 2 business days, the order will be automatically canceled, about which the Seller will inform the Customer by sending relevant information to the e-mail address.
3. The customer has the right to choose the method of payment for the ordered Goods:
a. in cash, a person acting on behalf of the carrier to whom the Seller entrusted the delivery of the ordered Goods or the Seller's sales representative (traveling salesman) (cash on delivery) - an additional fee of PLN 10 applies when paying on delivery;
b. by bank transfer prior to delivery. Payments via bank transfer should be made to the Seller's bank account:
Account owner: Owocowe Smaki Sp. z o.o.
Trzciana 1, 36-071 Trzciana Bank: Nadsański Bank Spółdzielczy Account number: 31 9430 1058 1004 9992 2000 0001
c. via the Dotpay electronic payment system prior to delivery.
4. If the Customer chooses the payment method in the form of a prepayment in the manner specified in point b) or c), failure to receive the payment, respectively, to the Seller's account or to the Dotpay system operator's account within 2 days of placing the order, will result in the cancellation of the order.
5. In the case of orders over PLN 200, the Seller reserves the right to limit the payment method by disabling selected payment options on the Store's website.
6. The Seller reserves the right to change the prices of the Goods, carry out and cancel promotional campaigns and sales, or make changes to them. The above right does not affect the prices of goods in Orders placed before the effective date of the price change, terms of promotional campaigns or sales.
7. Promotions in the Online Store may not be combined, unless the promotion regulations provide otherwise.
V. Order fulfillment
1. After the Customer receives confirmation of the offer acceptance, the process of order fulfillment by the Seller begins.
2. The order fulfillment period should be from 2 to 5 working days (subject to section 6 below) from the date of the effective submission of the Order within the meaning of Art. III point 15 of the Regulations and depends, inter alia, on:
a) the method of payment chosen by the Customer - if the "prepayment" option is selected, the order is processed after the payment is made to the Seller's bank account or the price for the Goods is paid via the Dotpay system;
b) the availability of the Goods,
c) days off and holidays for the duration of the contract.
3. Products are delivered to the address indicated in the territory of the Republic of Poland via the shipping company or the Seller's sales representative (traveling salesman).
4. When collecting the order, the customer should check the condition of the shipment. In the event of damage or tampering with the packaging, a damage report should be prepared in the presence of a courier or traveling salesman, which, together with any complaint, should be immediately sent to the Seller.
5. The maximum order processing time from the time of its submission is 30 business days, after this date the Customer is entitled to cancel the order by sending a statement to the Seller via e-mail to the following address: email@example.com.
6. Orders are processed in the order in which they are received until stocks are exhausted.
7. A proof of purchase (VAT invoice or receipt) is attached to each shipment. If the Ordering Party is a VAT payer and wants to receive an invoice, when ordering the Goods, fill in the additional fields available under the button: "Invoice data".
VI. The right to withdraw from the contract
1. A consumer who has concluded a distance contract has the right to withdraw from the contract without giving any reason by submitting a relevant written statement. However, it is limited in time and is only valid for 14 days (legal basis: art. 27 et seq. Of the Act of 24 June 2014 on consumer rights, Journal of Laws of 2014, item 821). The deadline to withdraw from the contract expires after 14 days from the day on which the Customer who is a consumer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods, and in the case of a contract requiring the transfer of ownership of many Goods that are delivered separately - from the date on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the last item.
2. In order to exercise the right to withdraw from the Agreement, the Customer who is a consumer is obliged to inform the Seller (to the address: Owocowe Smaki Sp. on withdrawal from the Agreement by means of an unequivocal statement - a model withdrawal form is available on the website in the Regulations tab. If the Customer uses the option to send a statement from the contract by e-mail, the Seller will immediately send confirmation of receipt of information on withdrawal from the contract on a durable medium (e.g. by e-mail or in paper form). "
3. The customer who is a consumer may use the withdrawal form provided by the Seller, referred to in paragraph 1, however, it is not obligatory. In order to meet the deadline for submitting a declaration of withdrawal, it is enough for the Customer who is a consumer to send information regarding the exercise of the Customer's right to withdraw from the contract before the deadline to withdraw from the contract.
4. In the event of withdrawal from the contract, the Seller shall return to the Customer who is a consumer all payments received from that Customer, including the costs of delivering the Goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case not later than within 14 days from the date on which the Seller was informed about the decision of the Customer who is a consumer to exercise the right to withdraw from the Agreement. The reimbursement will be made by the Seller using the same payment methods that were used by the given Customer in the original transaction, unless the Customer expressly agreed to a different solution; in the above case, the Customer who is a consumer does not pay any fees in relation to with a refund. The Seller may withhold the reimbursement until receipt of the Goods or until proof of its return is provided to the Seller, depending on which event occurs first.
5. The Customer who is a consumer, in the event of withdrawal from the Agreement, is obliged to return or hand over the item to the Seller to his seat, immediately, and in any case not later than 14 days from the date on which the Customer informed the Seller about the withdrawal from this agreement. The deadline is met if the Customer sends back the Goods before the deadline of 14 days.
6. The customer who is a consumer, in the event of withdrawal from the Agreement, will be obliged to bear the direct costs of returning the goods. The above does not apply if the Seller has agreed separately with the Customer that the Goods will be collected by the Seller at his expense.
7. The law indicated in this paragraph applies to consumer sales, and therefore applies only to sales to a natural person who makes a purchase for purposes unrelated to professional or business activity.
8. The goods returned in this mode will be accepted only if they are returned fully complete, and the product itself and accessories are undamaged and will not show signs of use. The customer is responsible for the reduction in value resulting from the opening or damage of the collective or single packaging.
9. Pursuant to the Act, the possibility of return does not apply to Goods, the subject of which deteriorates quickly, in particular, the Customer has no right to withdraw from the Agreement, if the Goods on the day the Customer submits the declaration of withdrawal from the contract has an expiry date no longer than 14 days. .
10. Within two working days of receiving the goods together with the declaration of withdrawal from the contract, the store will check the product. If the goods meet the requirements listed in point 8 of this section, a correcting invoice will be issued. The original and a copy of the invoice will be sent to the customer by postal mail. The customer should send back a signed copy of the correcting invoice. After receiving it, within 7 working days, the Store will refund the payment to the indicated Customer's account, but not later than within the time limit referred to in point 4 above.
11. The Goods returned by the Customer should be packed in an appropriate manner, ensuring no damage during transport, if possible, the Goods should be packed in the original packaging.
VII. Non-compliance of the goods with the contract
1. The Seller is liable to the Customer for non-compliance with the contract of sale of the Goods purchased by this Customer, to the extent specified by the Act of 27 July 2002 on special terms of consumer sales and amending the Civil Code (Journal of Laws No. 141, item 1176 with as amended) - when the Buyer is a consumer and pursuant to the provisions of the Civil Code - if the Customer does not have the status of a consumer.
2. For the avoidance of doubt, it is stated that none of the provisions of these Regulations limits the Customer's rights under the provisions of the law in force in the territory of the Republic of Poland. In the event that a provision of this nature exists, the provisions of the law in force in the territory of the Republic of Poland, in particular the Civil Code, the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws No. of 2000, No. 22, item 271, as amended) and the Act of 27 July 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws No. 141, item 1176, as amended) .
3. In the event of the non-compliance of the delivered Goods with the contract, the Customer has the right to submit a written complaint. The complaint should be submitted within fourteen days from the date on which the goods were delivered to the customer.
4. The basis for the complaint may be, in particular, the delivery of Goods other than the one ordered, incorrect completion of the order, or delivery of the wrong number of Goods.
5. In the event of exercising this right, fill in the complaint form available on the website and send it to the Seller together with the proof of purchase (receipt or invoice), and additionally requesting an exchange or withdrawing from the contract - you should also send back the claimed Goods.
6. The Seller reserves the right to consider the complaint within 14 days from the moment of receiving the complaint from the Customer that meets the statutory requirements, and undertakes to inform the Customer about the actions taken.
7. In the event of considering the complaint in favor of the Customer, depending on the type of non-compliance found, it is possible to replace the advertised product with another or refund to the bank account indicated by the Customer. The return is made within 14 days from the moment of considering the complaint.
1. The administrator of databases of personal data provided by the Customers of the Online Store in connection with purchases is the Seller.
2. The Seller, as the administrator of personal data provided by the Store's customers, saves and archives all data regarding the use of the Online Store's panel by its users and documents all the most important commercial transactions.
3. The customer always has the option to make changes to his personal data. Providing personal data by the Customer when placing an order takes place via the Shipping Data Form, which enables secure data transfer between the web browser and the administration panel of the Online Store.
4. At the same time, the Seller declares that these data are registered and archived with due diligence, are not transferred to any other entities (except for companies providing transport services or traveling salesmen - only to the extent that allows the correct address of the shipment) and are properly protected against access by unauthorized persons, in accordance with the Personal Data Protection Act (of August 29, 1997, Journal of Laws No. 133, item 883).
IX. Final Provisions
1. In matters not covered by these Regulations, the provisions of the Civil Code, the Act of March 2, 2000 on the protection of consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271, as amended) shall apply. ), the Act of 27 July 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws 2002, No. 141, item 1176, as amended), the Act of 23 April 1964 - Civil Code (Journal U. 1964 No. 16, item 93, as amended).
2. Disputes arising from the application of these Regulations and in connection with the performance of contracts concluded between the Store and the Customers, will be considered by the competent court according to the provisions on factual and local jurisdiction in accordance with the Act of November 17, 1964, Code of Civil Procedure (Journal of Laws No. 43 item 296 as amended).
3. The Seller reserves the right to amend these Regulations, with the proviso that contracts concluded before the amendment to the Regulations shall be governed by the version of the Regulations in force at the time of placing the order by the Customer.
4. The Seller is not responsible for blocking by e-mail server administrators sending messages to the e-mail address indicated by the Customer and for deleting and blocking e-mails by software installed on the computer used by the Customer.
5. The Seller is not responsible for transactions made by unauthorized third parties who gained access to the Customer's account as a result of the Customer's failure to observe the precautionary principles when using the login and password to the account.
6. The Regulations come into force on 01/04/2017.