Terms and conditions (Regulations) of the online shop www.augustowska-miodosytnia.pl
§ 1 Preliminary provisions
- Online shop is available on the web-site www.augustowska-miodosytnia.pl handled by Augustowska Miodosytnia Paweł Kotwica Piotr Piłasiewicz S.C. 9 Tytoniowa St. 16-300 Augustów NIP: 846-16-64-239 REGON: 366848904
§ 2 Definitions
- Consumer – an individual concluding with the Seller as part of the Store a contract not directly related to his business or professional activity.
- Seller – individuals: Piotr Piłasiewicz and Paweł Kotwica handling business activity in the form of a civil partnership: Augustowska Miodosytnia Paweł Kotwica Piotr Piłasiewicz S.C. 9 Tytoniowa St. 16-300 Augustów NIP: 846-16-64-239 REGON: 366848904
- Customer – every person making purchases via the Store.
- Entrepreneur – an individual, a legal person or an organizational unit that is not a legal person but is granted legal capacity by this particular act, performing business activity on its own behalf, that uses the Store.
- Shop – an online store handled by the Seller on the web-site www.augustowska-miodosytnia.pl www.augustowska-miodosytnia.pl
- Distance contract – an agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the exclusive using of one or more means of distance communication up to conclusion of the contract.
- Regulations – these regulations of the Store.
- Order – the Customer's will declaration submitted via Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
- Account – the customer's account in the Store, it collects data provided by the Customer and information about his Orders in the Store.
- Registration form – a form available in the Store, enabling the creation of an Account.
- Order Form – an interactive form available in the Store that allows you to place an Order in particular by adding Products to the Cart and specifying the terms of the Sales Agreement including the delivery and payment method.
- Shopping Cart – an element of the Store's software where the Products selected by the Customer for purchase are visible, and there is also the ability to determine and modify the Order data, in particular the number of products.
- Product – available in the Store movable item / service that is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement – a Product sales agreement concluded between the Customer and the Seller via Online Store. The Sales Agreement is also understood as – applying to the characteristics of the Product – a contract for the provision of services and a contract for specific work.
- Delivery Agent – a person authorized by the Customer to collect the goods on his behalf.
§ 3 Contact with the Store
- Seller's address: 9 Tytoniowa St. 16-300 Augustów, Poland.
- Seller's e-mail: email@example.com
- Seller's phone number: 601542516
- Seller's bank account number 18 1090 2789 0000 0001 3429 0819
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
- The Customer may communicate by phone with the Seller between 9 a.m. and 5 p.m. (UTC+2).
§ 4 Technical requirements
To use the Store, including browsing the Store's assortment and placing orders for Products, the following is necessary:
- Device with access to the Internet and a web browser
- an active email account,
- cookies enabled.
§ 5 General information
- The Seller, to the fullest extent permitted by law, is not liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized action of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
- Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the implementation of the Order without creating an Account.
- The prices in the Store are given in Polish zlotys (PLN) and are gross prices (including VAT).
- The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal services fees), meaning the Customer is informed about it on the Store's website while placing the Order, including simultaneous conclusion of the Sales Agreement.
- In case of an Agreement covering a subscription or provision of services for an indefinite period, the final price is the total price including all payments for the reference period.
- If the Agreement subject does not allow reasonable estimation for the prior calculation of the final price, information on the price calculation method as well as on charges for transport, delivery, postal services and other costs will be given in the Store in the Product description.
§ 6 Creating an Account in the Store
- Aby założyć Konto w Sklepie, należy wypełnić Formularz rejestracji. Niezbędne jest podanie następujących danych imię, nazwisko, adres zamieszkania, telefon, adres e-mail.
- Creating an Account in the Store is free.
- Logging into Account is possible by entering the login and password set in the Registration Form.
- The Customer has the possibility at any time without giving a reason and without incurring any fees to delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.
§ 7 Rules of Order placing
To place an Order, you have to:
- Log in to the Store (optional);
- Select the Product that is the subject of the Order, and then click the "Add to cart" button (or equivalent);
- Log in or use the option of Order placing without registration;
- If the Customer has chosen the possibility of Order placing without registration – fill in the Order Form by entering the data of the Order recipient and the address where the Product is to be delivered, select the type of shipment (delivery method), enter the invoice data if they are different from the data of the Order recipient,
- Click the "Order and pay" button / click the "Order and pay" button and confirm the order by clicking on the link sent in the email,
- Choose one of the available payment methods and depending on the payment method pay for the order within the specified period, subject to § 8 point 3.
§ 8 Offered delivery and payment methods
- The Customer may use the following delivery methods or collection of the ordered Product:
- Courier delivery,
- Collection of goods in the Seller's store
- The customer can use the following payment methods:
- Cash on delivery
- Payment via bank transfer to the Seller's account
- Electronic payments
- Payment by credit card.
- Detailed information on delivery methods and acceptable payment methods are available on the Store's website.
§ 9 Sales contract execution
- The Sales Agreement between the Customer and the Seller is concluded after placing an Order by the Customer using the Order Form in the Online Store in accordance with § 7 of the Regulations..
- After placing the Order the Seller immediately confirms its receipt and at the same time accepts the Order for execution. The Seller confirms reception of the Order and its acceptance for execution by sending to the Customer an appropriate e-mail message to the Customer's e-mail address provided when placing the Order. The email message contains at least the Seller's statement on receipt of the Order and its acceptance for execution and confirmation of the Sales Agreement conclusion. The Sales Agreement between the Customer and the Seller is concluded upon receipt by the Customer of the mentioned above e-mail.
- If chosen by the Customer:
- payment via bank transfer, electronic payments or credit card payment, the Customer is obliged to make the payment within 3 calendar days from the date of the Sales Agreement conclusion – otherwise the order will be canceled.
- payment on delivery – the Customer is obliged to make the payment on delivery.
- If the Customer has chosen a delivery method other one than a personal collection, the Product will be sent by the Seller within the time limit indicated in its description (subject to part 5 of this paragraph), in the way chosen by the Customer when placing the Order.
- In case of ordering Products with different delivery dates the delivery date is the longest given date. In case of ordering Products with different delivery dates the Customer may request delivery of Products in parts or delivery of all Products after completing the entire order.
- The beginning period of Product delivery to the Customer is counted as follows:
- If the Customer has chosen the payment method as bank transfer, electronic payment or credit card payment – from the date of crediting the Seller's bank account.
- If the Customer has chosen the payment method on delivery – from the date of the Sales Agreement conclusion
- In case when the Buyer orders alcoholic products
- The Sales Agreement may be concluded only between the Seller and the Customer who is not a person referred to in Article 15(1) of the Act of 26 October 1982 on upbringing in sobriety and counteracting alcoholism (Journal of Laws of 1982, No. 35, item 230, as amended) (“It is forbidden to sell and serve alcoholic beverages: 1) to persons whose behavior indicates that they are in a state of alcoholic intoxication; 2) persons under 18 years old; 3) on credit or against collateral.”).
- In case of doubts as to the age of the Customer or the Delivery Agent, the Seller or the person serving the Products that are alcoholic beverages is entitled to demand the document confirming the age of the Customer.
- The place of Sales Agreement conclusion is the Store located at 9 Tytoniowa Street in Augustów (16-300), Poland.
- The placed order may be physically collected at the sales contract conclusion place, personally by the buyer or persons authorized by him (Delivery Agent).
- In case of purchasing alcoholic products for own business needs, the buyer declares that he does not buy them for further resale – in accordance with statutory requirements such a purchase cannot be carried out in retail stores.
§ 10 Delivery via Delivery Agent
- While placing an order the Customer may authorize the carrier indicated by the store owner to collect the ordered products on behalf of and at the expense of the Customer as a Delivery Agent.
- In case of goods delivery to the carrier in accordance with the authorization of the ordering person, the carrier assumes the rights defined in § 9, part 8.2
§ 11 Withdrawal right
- The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The period specified in paragraph 1 begins on the day of Product delivery to the Consumer or a person indicated by him other than the carrier.
- In case of an Agreement that covers multiple Products delivered separately, in batches or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, batch or part.
- In case of the Agreement as a regular Products delivery for a definite period of time (subscription), the period indicated in paragraph 1 runs from taking possession of the first item.
- The Consumer may withdraw from the Agreement by submitting the Agreement withdrawal statement to the Seller. To meet the withdrawal deadline it is sufficient for the Consumer to send a statement before the expiry of this period.
- The statement may be sent via traditional mail or via e-mail by sending a statement to the Seller's email address or by submitting a statement on the Seller's website – the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template is attached to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), (however, it is not mandatory).
- In case when the Consumer sends the statement electronically, the Seller immediately sends to the Consumer’s e-mail address receipt confirmation of the Agreement withdrawal statement.
- Consequences of Agreement withdrawal:
- In case of withdrawal from the distance contract, the Agreement shall be deemed not to have been concluded.
- In case of Agreement withdrawal, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of reception of the Consumer's Agreement withdrawal statement, all payments made by him, including the costs of the item delivery, except of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
- The Seller refunds the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has clearly agreed to another solution that will not involve any costs for him.
- The Seller may withhold the refund of the payment until the Product is received back or until proof of its return has been provided to the Seller, whichever occurs first.
- The Consumer should send the Product back to the Seller's address provided in these Regulations immediately, no later than 14 days from the date he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
- The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if due to its nature the Product could not be sent back by post in the usual way.
- The Consumer is responsible only for the decrease in the value of the Product resulting from the use of it in a manner other than was necessary to determine the nature, characteristics and functioning of the Product.
- If due to the nature of the Product it cannot be sent back by ordinary mail, information about it as well as the cost of returning the Product will be included in the Product description in the Store.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
- where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
- where the subject of the service is an item delivered in a sealed package, that after opening the package cannot be returned due to health protection or hygienic reasons, if the packaging was opened after delivery,
- where the subject of the service is an item subject to rapid deterioration or having a short shelf life,
- for the provision of services, if the Seller has fully performed the service with the clear consent of the Consumer, who was informed before the start of the service, that after the performance of the service by the Seller the Consumer will lose the right to withdraw from the Agreement,
- where the price or remuneration depends on fluctuations on the financial market, where the Seller has no control, and that may occur before the deadline for withdrawal from the Agreement,
- where the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
§ 12 Complaint and warranty
- The Sales Agreement covers new Products.
- In case of a defect in the goods purchased from the Seller, the Customer has the right to complain based on the provisions on warranty in the Civil Code.
- The complaint should be submitted written or electronically to the addresses of the Seller provided in these Regulations.
- Goods sent back as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations.
§ 13 Out-of-court complaint and claim procedures
- Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and claims and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsman, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumers Protection:
- The Consumer has the following possibilities to use out-of-court methods of dealing with complaints and claims:
- The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
- The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance in resolving the dispute between him and the Seller using the free assistance of the poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (i.a. the Consumer Federation, the Association of Polish Consumers).
§ 14 Personal data in the Online Store
- The administrator of Customers' personal data collected through the Online Store is the Seller.
- Customers' personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees to it – for marketing purposes as well.
- The recipients of the Online Store Customers’ personal data may be:
- if the Customer uses the method of delivery by post or courier in the Online Store, the Administrator makes the collected Customer’s personal data available to the selected carrier or agent performing shipments on request of the Administrator.
- if the Customer uses the electronic payment method or a payment card in the Online Store, the Administrator makes the collected Customer’s personal data available to the selected entity handling the payments in the Online Store.
- The Customer has the right to access his data and correct them.
- Providing personal data is voluntary, although not providing the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this contract.
§ 15 Final provisions
- Each order placed in the Store is a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and for execution of the Order.
- Contracts concluded through the Store are concluded in Polish and English languages.
- The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
- In cases not covered by these Regulations shall apply the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Act on Consumer Rights, the Personal Data Protection Act.
- The Customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose he may lodge a complaint via the EU ODR online platform available at:http://ec.europa.eu/consumers/odr/.