TERMS AND CONDITIONS OF THE ONLINE STORE WWW.SKLEP.ADALBERTS.PL
1. GENERAL PROVISIONS
1.1. The online store available at www.sklep.adalberts.pl is run by Adalbert's Spółka z ograniczoną odpowiedzialnością, registered office address: ul. Szyszkowa 35/37, Warsaw, code 02-285, country: Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw Warsaw, 14th Commercial Division of the National Court Register under KRS number 0000505307, REGON: 147190452, NIP: 5252581861.
1) ONLINE SHOP - a website run by Adalbert's Spółka z ograniczoną odpowiedzialnością, available under the Internet domain www.sklep.adalberts.pl. The subject of the activity of the Online Store is the sale of teas via the Internet.
2) SELLER; SERVICE PROVIDER - Adalbert's Spółka z ograniczoną odpowiedzialnością, registered office address: Szyszkowa 35/37, Warsaw, code 02-285, post office Warsaw, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw Warsaw, 14th Commercial Division of the National Court Register under KRS number 0000505307, REGON: 147190452, NIP: 5252581861; telephone number: 22 864-06-78.
3) CUSTOMER - a natural person, legal person or an organizational unit that is not a legal person, to whom specific provisions grant legal capacity , using the Online Store www.sklep.adalberts.pl, including in particular making purchases.
4) CONSUMER - a natural person purchasing products via the Online Store for purposes not directly related to their business or professional activity.
5) PRODUCT - a movable item available in the Online Store that is the subject of the Sales Agreement.
6) REGULATIONS - these regulations of the Online Store www.sklep.adalberts.pl.
7) REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
8) ORDER FORM - Electronic Service, a form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
9) CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
10) SALES AGREEMENT - a contract for the sale of Products within the meaning of the Civil Code, concluded between the Service Provider and the Customer using means of distance communication - in the Online Store.
11) ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
12) SERVICE RECIPIENT – a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; legal person; or an organizational unit without legal personality, which the law grants legal capacity; - using or intending to use the Electronic Service.
13) ACT ON CONSUMER RIGHTS, ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
14) ORDER - Customer's declaration of intent aimed directly at concluding a sales contract, specifying in particular the type and number of products.
1.3. These Regulations define the rules for using the Online Store www.sklep.adalberts.pl, placing orders for goods available in the Online Store, delivering the ordered products to the Customer, paying the sales price, the right to cancel the order and withdraw from the contract, and the rules for submitting and processing complaints.
1.4. The customer has the opportunity to get acquainted with the code of good practice of entrepreneurs. The code of good practice is included in the Act of August 23, 2007 on counteracting unfair market practices. The current wording of the Act is available at http://isap.sejm.gov.pl/ ).
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. Viewing goods in the Online Store www.sklep.adalberts.pl does not require registration.
2.2. The following Electronic Services are available in the Online Store www.sklep.adalberts.pl: Account and Order Form.
2.3. The account is an individual administration panel of the Customer. Using the Account is possible after performing the following actions by the Service Recipient:
1) completing the Registration Form. In the Registration Form, it is necessary for the Customer to provide the following data
a) Service Recipient - a natural person: name and surname, contact telephone number, e-mail address, password as well as address data: street, house / apartment number, postal code, city, country;
b) Service Recipient - a legal person or an organizational unit that is not a legal person, whose specific provisions grant legal capacity : name and surname, contact telephone number, e-mail address and password, as well as address data: company name, tax identification number, street, company address (street and house number), zip code, city, country.
2) Acceptance of the Regulations.
3) Clicking on the "Register" box.
4) Confirmation of the willingness to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided in the Registration Form.
The service is provided free of charge. The Service Recipient has the option at any time and without giving a reason to delete the Account by sending an appropriate request to the Service Provider, e.g. in writing to the following address: Adalbert's Spółka z ograniczoną odpowiedzialnością ul. Szyszkowa 35/37, Warsaw, code 02-285, country Poland or via e-mail to the following address: email@example.com.
2.5. The Order Form enables the Buyer to manage the ordered products and convert the value of the order. Using the Order Form begins by adding the product to the electronic basket. Placing an Order takes place after completing the Order Form and clicking the "Confirm Purchase" field on the Store's website. The service is provided free of charge.
2.7. The Service Recipient is obliged to use the Online Store in a manner consistent with its intended purpose and not interfering with its operation, as well as in accordance with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties.
2.8. The Service Provider may deprive or limit access to the Online Store and deprive the Service Recipient of the right to use the Online Store, including placing Orders, in the following cases: providing by the Customer data that is misleading or infringing the rights of third parties, violation of personal rights by the Customer, in particular other Customers, actions contrary to the Regulations, applicable law and principles of social coexistence, i.e. by persistently placing Orders and persistent failure to collect the ordered Goods.
2.9. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store may be submitted by the Customer in writing to the following address: Adalbert's Spółka z ograniczoną odpowiedzialnością ul. Szyszkowa 35/37, Warsaw, code 02-285, country Poland or via e-mail to the following address: firstname.lastname@example.org. The response to the complaint takes place immediately, not later than within 14 calendar days from the date of its submission.
3. CONDITIONS AND PROCEDURE FOR CONCLUDING A SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store. In order to complete the order in the Order Form, it is necessary to provide the following Customer data: name and surname/company name, contact telephone number, e-mail address, address (street, house/apartment number, zip code, city, country) , and in the case of customers who are not consumers, it is also necessary to provide the company name and NIP number.
3.2. The prices of the Products indicated on the website of the Online Store www.sklep.adalberts.pl include VAT and are given in Polish zlotys. The price of the product does not include delivery costs. Delivery costs depend on the method of delivery of the order to the Customer chosen by the Customer and on the value and size of the order and are provided when choosing the method of delivery of the product by the Customer. The total cost of the order (i.e. the price of the goods together with delivery costs) is indicated in the electronic basket before placing the order.
3.3. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store via the Order Form.
3.4. In order to conclude a Sales Agreement via the Online Store, go to the website www.sklep.adalberts.pl, select the goods and their quantity by taking further technical steps based on the messages displayed to the Customer and information available on the website. The selection of ordered products by the Customer is made by adding them to the electronic basket.
3.5. When placing the Order, until the "Confirm Purchase" button is pressed, the Customer has the option of modifying the entered data and in the selection of the Goods, for this purpose, follow the displayed messages and information available on the website.
3.6. After adding all the necessary information, a summary of the placed Order will be displayed, containing the subject of the order, the unit and total price of the ordered products, including delivery costs and, if there are additional costs, and the selected payment method, time and method of delivery.
3.7. In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the "Confirm purchase" button.
3.8, Placing an order by the Customer is a declaration of will to conclude a sales contract with the Seller.
3.9. After placing the Order, the Customer receives a confirmation of order registration to the e-mail address. In order to confirm the order, the Customer is obliged to confirm the order by entering the website address received in the message confirming the registration of the order. Receipt of payment for the order is tantamount to confirmation of the order by the Customer. If the execution of the order is possible, an electronic message will be sent to the Customer's e-mail address confirming the acceptance of the order for execution. Confirmation of acceptance of the order is the Seller's statement about the conclusion of the sales contract.
3.10. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by sending the Customer to the e-mail address provided by the Customer and attaching a printout of the order confirmation and a fiscal receipt / VAT invoice to the shipment. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Online Store www.sklep.adalberts.pl.
4. METHODS AND TERMS OF PAYMENT
Due to the conclusion of the Sales Agreement, the Customer has the option of paying the price according to the following payment methods and dates provided by the Seller:
4.1. Cash payment upon personal collection of the parcel. Personal collection is available at: Szyszkowa 35/37, 02-285 Warsaw, from 10:00 to 16:00 on business days. Please confirm the readiness of the Order by phone with the Seller or by sending an appropriate e-mail to the address provided when placing the order.
4.2. Cash on delivery upon delivery. The customer is obliged to make the payment upon receipt of the shipment.
4.2. Payment by bank transfer to the Seller's bank account, i.e. Bank: PKO BP SA Account number: 45 1020 1068 0000 1902 0396 3212. The customer is obliged to make the payment within 7 working days from the date of conclusion of the Sales Agreement. Making the payment is tantamount to the moment the payment is credited to the Seller's bank account. In the transfer details, the Customer, specifying the title of the payment, should provide the order number and the name of the ordering party.
4.3. Payment via fast payment systems, i.e. the online payment service Przelewy24.pl. ( www.przelewy24.pl ) and PayPal ( www.paypal.com/pl ). The services allow you to make payments by credit card or fast internet transfer. By selecting this payment option, the Customer will be automatically redirected to the Przelewy24.pl system. or PayPal. Transaction security is ensured and guaranteed by PayPro SA, the operator of the www.przelewy24.pl system, and PayPal (Europe) S.à rl & Cie, SCA, the operator of the PayPal system.
4.4. The Online Store has the right to cancel the order if the Customer fails to pay for the Order within 7 working days from the date of placing the Order (when choosing the electronic payment option using fast payment systems or by transfer to the Seller's bank account).
5. COST, METHODS AND DATE OF DELIVERY
5.1. The date of delivery of the Order to the Customer is up to 5 (five) days from the date of placing the Order.
5.2. Delivery takes place to the address and in the manner indicated by the Buyer in the Order Form.
5.3. If the ordered goods are to be delivered on the territory of the Republic of Poland, the costs of delivery of the ordered goods shall be borne by:
1) Customer - if the total price of the ordered goods is lower than PLN 150.
2) Seller - if the total price of the ordered goods is equal to or higher than PLN 150 .
5.4 Available forms of order delivery and delivery costs of the Order are visible to the Customer in the Order Form of the Online Store. The customer has the right to choose the method of delivery, in accordance with the order form. The online store carries out deliveries by courier UPS Polska Sp. z o. o. with its registered office in Warsaw, InPost parcel lockers and personal collection. Personal collection of the Product by the Customer is free of charge.
6. COMPLAINT AND WITHDRAWAL FROM THE AGREEMENT
6.1. All products offered in the online store www.sklep.adalberts.pl are brand new, free from physical and legal defects. This information is tantamount to the Seller's obligation to deliver products without defects to the Customer.
6.2. Adalbert's Spółka z ograniczoną odpowiedzialnością, as the Seller, is liable to the Customer who is a consumer within the meaning of Article 22[ 1 ] of the Civil Code, under the warranty for defects to the extent specified in the Civil Code.
6.3. The complaint may be submitted by the Customer in writing to the following address: Adalbert's Spółka z ograniczoną odpowiedzialnością ul. Szyszkowa 35/37, Warsaw, code 02-285, Poland or via electronic mail (e-mail) to the following address: email@example.com
6.4. Within 14 (fourteen) calendar days, the Seller will respond to the Customer's complaint and notify him of how to proceed. No response within the above-mentioned period means that the Seller considered the complaint justified.
6.5. In order to consider the complaint, the Customer should deliver the advertised product or products to the Seller together with a description of the complaint to the correspondence address: Adalbert's Spółka z ograniczoną odpowiedzialnością ul. Szyszkowa 35/37, Warsaw, code 02-285, Poland.
6.6. If the complaint is considered in favor of the Customer - the Seller will immediately replace the defective product with a defect-free one or remove the defect. If it is not possible to replace the product, remove the defect of the product or reduce the price, the Seller shall return the amount due to the Customer immediately in accordance with applicable law. If the complaint is found to be justified, the Seller will also reimburse the costs associated with returning the advertised product to the Seller.
6.7. The consumer may withdraw from the product sales contract within 14 calendar days without giving any reason and without incurring costs, except for the cost of returning the product as a result of withdrawing from the sales contract. The deadline to withdraw from the contract begins on the date of receipt of the completed order or receipt by the Consumer of the last part of the completed order - if the order is implemented in parts or on the date on which a third party other than the carrier and indicated by the Customer came into possession of the item. To meet the deadline, it is enough to send a statement before its expiry. The information on the possibility of withdrawal as well as the template of the withdrawal form are attached to these regulations.
6.8. In the event of withdrawal from a distance contract, the contract is considered void.
6.9. The seller will refund the amount due no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract. The seller will return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method of delivery available in the Online Store). The seller will refund the payment using the same method of payment as used by the consumer, unless the consumer has agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the item back or the consumer provides proof of its return, depending on which event occurs first. After receiving the statement, the Seller will immediately send the Customer a confirmation of receipt of information on withdrawal from the contract on a durable medium.
6.10. The consumer is obliged to immediately, not later than within 14 calendar days from the date of withdrawal from the contract, return the Product to the Seller. To meet the deadline, it is enough to send back the Product before its expiry. The consumer may return the Product to the correspondence address: Adalbert's Spółka z ograniczoną odpowiedzialnością ul. Szyszkowa 35/37, Warsaw, code 02-285, Poland.
6.11. The consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
6.12. The right to withdraw from the contract is not entitled to the Consumer in relation to contracts (pursuant to Article 38 of the Act of 30 May 2014 on consumer rights - consolidated text of 24 June 2014, Journal of Laws of 2014, item 827) about: provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service, he will lose the right to withdraw from the contract, in which the subject of the service is an item delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons if the packaging has been opened after delivery; in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to meet his individual needs; in which the subject of the service is a product that deteriorates quickly or has a short shelf life; in which the subject of the service are Products which, due to their nature, are inseparably connected with other items after delivery.
7. PROVISIONS FOR NON-CONSUMER CUSTOMER
7.1. This (7) point of the Regulations applies only to Customers and Service Recipients who are not consumers within the meaning of the Civil Code.
7.2. The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a consumer at the moment of handing over the Product to the carrier by the Seller. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product arising from its acceptance for transport until its delivery to the Customer and for delay in delivery.
7.3. A customer who is not a consumer is obliged to check the shipment before collecting it from the carrier. If he finds that the Product has been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.
7.4. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
7.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement. The Seller is liable to the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits to the Service Recipient/Customer who is not a consumer.
7.6. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
8. PERSONAL DATA
8.1. Personal data of the Service Recipients/Customers obtained by the administrator via the Online Store are collected - in accordance with the will of the Service Recipient/Client - in order to implement the Sales Agreement or the contract for the provision of Electronic Services.
8.2. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for purposes, to the extent and based on the principles set out in the Regulations of the Online Store. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them. The administrator of personal data of Service Recipients/Customers collected via the Online Store is the Seller.
8.3. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing the shipment at the request of the Administrator. In the case of a Customer who uses the Online Store with the method of electronic payments or by payment card, the Administrator provides the Customer's collected personal data to the selected entity servicing the above payments in the Online Store.
8.4. The Service Recipient/Customer has the right to access their data and correct them. A request in this regard may be submitted in writing to the following address: Adalbert's Spółka z ograniczoną odpowiedzialnością, ul. Szyszkowa 35/37 Warszawa, code 02-285, Poland or via e-mail to the address:firstname.lastname@example.org.
8.5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services results in the inability to conclude this agreement. The data necessary to conclude a Sales Agreement or a contract for the provision of Electronic Services are also indicated each time on the website of the Online Store before concluding a given contract.
9. FINAL PROVISIONS
9.1. Agreements concluded through the Online Store are concluded in Polish.
9.2. The Company reserves the right to change the regulations for important technical, legal and/or organizational reasons. The amendment to the regulations becomes effective within the period indicated by the Company, not shorter than 7 days from the moment of making the amended regulations available on the Online Store website www.sklep.adalberts.pl. Orders placed by customers before the entry into force of changes to the regulations are carried out in accordance with the existing provisions of the regulations.
9.3. These Regulations are available free of charge on the website of the Online Store in the "Regulations" tab at www.sklep adalberts.pl, at the Seller's registered office. The Regulations are made available on the above-mentioned website in a form that allows you to obtain, reproduce and record the content of these Regulations using the ICT system used by the Customer. The content of the contract concluded via the Online Store is recorded, secured and made available by sending the content of the concluded contract to the Customer's e-mail address provided as part of the transaction made in the Online Store.
9.4. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
9.5. The provisions of these Regulations are not intended to exclude or limit any rights of the Buyer who is also a Consumer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended), vested in him under the absolute applicable law. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions.
9.6. The attachments to the Regulations are: Instruction on the right to withdraw from the contract, which constitutes Annex 1 to the Regulations and a model withdrawal form, which constitutes Annex 2 to the Regulations.
9.7. In the event of a dispute with the Seller, the Consumer has the option of amicably settling the matter by contacting e.g. permanent consumer arbitration court, voivodship inspector of the Trade Inspection, Federation of Consumers ( http://www.federacja-konsumentow.org.pl/ ).
9.8. These Regulations come into force on July 20, 2015 and apply to contracts concluded from that date.
INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
TEMPLATE OF INSTRUCTIONS ON WITHDRAWAL FROM THE AGREEMENT
- Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The deadline to withdraw from the contract expires after 14 days from the date
- in which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the item - in the case of a contract obliging to transfer the ownership of the item;
- in which you came into possession of the last item or in which a third party other than the carrier and indicated by you came into possession of the last item - in the case of a contract obliging to transfer ownership of many items that are delivered separately;
- in which you came into possession of the last batch or part or in which a third party other than the carrier and indicated by you came into possession of the last batch or part - in the case of a contract obliging to transfer ownership of items delivered in batches or in parts;
- in which you came into possession of the first item or in which a third party other than the carrier and indicated by you came into possession of the first item - in the case of contracts for regular delivery of items for a definite period of time.
To exercise the right to withdraw from the contract, you must inform us, i.e. Adalbert's Spółka z ograniczoną odpowiedzialnością ul. Szyszkowa 35/37, Warsaw, code 02-285, Tel. 22 864-06-78 about your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail email@example.com).
You can use the model withdrawal form, but it is not mandatory.
In order to meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
- Consequences of withdrawing from the contract
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the type of delivery chosen by you other than the least expensive type of standard delivery offered by us), immediately and in any event not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this return.
We may withhold the refund until we receive the item or until you provide us with proof of its return, whichever occurs first.
Please send back or hand over the item to us immediately, and in any case not later than 14 days from the day on which you informed us about the withdrawal from this contract. The deadline is met if you send the item before the expiry of the 14-day period to the correspondence address
Adalbert's Limited Liability Company
st. Szyszkowa 35/37, Warsaw, code 02-285:
You will have to bear the direct cost of returning the item.
You are only responsible for the decrease in the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
APPENDIX No. 2
TEMPLATE WITHDRAWAL FROM THE CONTRACT
(this form should be completed and sent to the following address: Adalbert's Spółka z ograniczoną odpowiedzialnością ul. Szyszkowa 35/37, Warsaw, code 02-285, if you wish to withdraw from the contract)
— Addressee Adalbert's Spółka z ograniczoną odpowiedzialnością a, registered office address: ul. Szyszkowa 35/37, Warsaw, code 02-285; firstname.lastname@example.org
- I ................................................ ................................. hereby inform about my withdrawal from the contract of sale of the following goods
- Order number ............................
— Date of order/receipt .....................
— Name and surname/Name/surname of the consumer ...................
- Address of the consumer .....................................
— Signature of the consumer (only if the form is sent on paper) ..............................