Shop rules

§ 1. Introductory information

1. Polish Flavours online shop, available on website https://polishflavours.eu/, is runed by Dariusz Labudda running the enterprise as a company Home Pantry (Domowa Spiżarnia) Dariusz Labudda entered in the register of the Central Register and Information on Economic Activity (CEIDG) running by the minister economy under number NIP 5841458303, REGON 221826795
2. These Regulations are addressed to Consumers and define the rules and procedure for concluding a Distance Sales Agreement with the Consumer via the Store.

§ 2. Definitions

1. Consumer – a natural person concluding an agreement with the Seller within of Store, which the object is not directly related to that person’s enterprise or professional activity.
2. Seller – a natural person running a enterprise as the company Home Pantry (Domowa Spiżarnia) Dariusz Labudda, entered in the register of the Central Register and Information on Economic Activity (CEIDG) running by the minister economy under number NIP 5841458303, REGON 221826795.
3. Customer – any person making purchases via the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act confers legal capacity, conducting business activity on its own behalf, which uses the Store.
5. Store – an online store run by the Seller at the Internet address https://polishflavours.eu/.
6. Distance contract – a contract concluded with the Customer as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more amount of means of distance communication up to and including the time at which the contract is concluded.
7. Regulations – this Store Regulations.
8. Order – Customer’s statement of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement or Products with the Seller.
9. Account – customer account in the Store, data provided by the Customer are collected and the information about Orders placed by that Customer in the Store.
10. Registration form – a form available in the Store that allows to create an Account.
11.Order form – an interactive form available in the Store that allows to place an Order, particularly by adding Products to the Shopping basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Shopping basket – an element of the Store’s software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product – a movable item/service available in the Store, which is the object of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a Product sales agreement concluding or concluded between the Customer and the Seller via the online Store. The Sales Agreement is also understood to mean – applying to the characteristics of the Product – the agreement for the provision of services and a contract for specific task.

§ 3. Store contact

1. Seller’s address: Kaszubska 63, 80-298 Miszewko.
2. Seller’s email: [email protected]
3. Seller’s telephone: +48 662 252 208 and +48 530 153 137.
4. The Customer can communicate with the Seller by the addresses and telephone numbers provided in this paragraph.
5. The Customer can communicate with the Seller by phone from 9:00 to 16:00.

§ 4. Technical requirements

To use the Store, including browsing the Store’s assortment and placing orders for Products, necessary are:
1. terminal device with access to the Internet and a web browser,
2. active e-mail account (e-mail),
3. enable usage cookie files.

§ 5. General information

1. The Seller, to the fullest extent permitted by law, is not responsible for disruptions, including interruptions in the functioning of the Store, caused by vis major, unauthorized actions of third parties or incompatibility of the online Store with the Customer’s technical infrastructure.
2. 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 requisites personal and address data enabling the execution of the Order without creating an Account.
3. The prices given in the Store are expressed in EURO and are gross prices (including VAT).
4. The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about the Customer is informed on the Store’s website when placing the Order, including at this point to express the will to be bound by the Sales Agreement.
5. When the nature of the object of the Agreement does not allow reasonably evaluate to calculate the final (total) price in advance, the information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs, will be given in the Store in the Product description.

§ 6. Creating Account in Store

1. To create Account in Store, it is required to fill in the Registration Form. It is necessary to provide the following data: Name, Surname, Delivery address, e-mail address, contact telephone number.
2. Creating Account in Store is free.
3. Logging in to Account take place by entering the login and password set in the Registration Form.
4. The Customer may at any time, without giving a reason and without incurring any fees, 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. Terms of placing the Order

To place the Order, you need to:
1. select the Product being the object of the Order, and then click the “to cart” button
2. log in or use the option of placing the Order without registration;
3. if the option of placing the Order without registration has been selected – fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if there are differences from the data of the recipient of the Order,
4. click the “Order and pay” button,
5. choose one of the available payment methods and, depending on the payment method, pay for the order within the defined period, subject to § 8 point 3.

§ 8. Delivery and payment methods offered

1. The Customer may use the following methods of delivery or collection of the ordered Product:
• Electronic delivery, delivery to e-mail address provided by consument,
2. The customer may use the following payment methods:
• Payment by bank transfer to the Seller’s account,
• Payment via the online payment system Przelewy24.
3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

§ 9. Execution of the Sale Agreement

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the online Store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller forthwith confirms its obtaining and at the same time accepts the Order for execution. Confirmation of obtaining of the Order and its acceptance for execution takes place by sending the appropriate e-mail to the Customer by the Seller to the e-mail address provided by Customer during placing the Order, which contains at least the Seller’s statement on obtaining of the Order and its acceptance for i execution and confirmation of the conclusion of the Sales Agreement. At the time when the Customer is receiving of the above e-mail information the Sales Agreement is concluded between the Customer and the Seller.
3. If the Customer selected:
• payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be cancelled.
4. The product will be sent by the Seller on the define the time indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer during placing the Order.
5. In the case of ordering Products with different delivery time, the delivery time is the longest given date.
6. The beginning of the delivery time of the Product to the Customer is counted, as follows:
• if the Customer selected the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account;
• in the case of ordering Products with different time of readiness for collection, the time of readiness for collection is the longest given date;
• all orders placed by Friday in a running week are shipped in the following week to Tuesday.
7. Delivery of the Product takes place only in: Germany, Switzerland, Austria and lasts up to 7 days.
8. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Delivery costs of Product (including charges for transport, delivery and postal services) are indicated to the Customer on the online Store in the “Delivery costs” website tab and when placing the Order, including express the will to be bound by the Sales Agreement.

§ 10. The right to withdrawal from the agreement

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in para. 1 begins with the delivery of the Product to the Consumer or a person indicated by the Consumer other than the carrier.
3. In the case of the Agreement that includes many Products that are delivered separately, in batchwise or in parts, the date indicated in para. 1 runs from the delivery of the last item, batch or part.
4. In the case of the Agreement, which consists in the regular delivery of the Products for a definite period of time (subscription), the date indicated in para. 1 runs from taking possession of the first thing.
5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is suffice for the Consumer to send a statement before the expiry of this period.
6. The declaration may be sent by traditional post or electronically by sending the declaration to the Seller’s e-mail address or by submitting a declaration on the Seller’s website – the Seller’s contact details are specified in § 3. The declaration may also be submitted on the form, of which draft of a form is attached as Appendix No. 1 to these Regulations and the annex to the Act of May 30, 2014 on consumer rights, however, it is not mandatory.
7. If the Consumer sends the declaration electronically, the Seller forthwith send to the Consumer a confirmation of receiving the declaration of withdrawal from the Agreement on the e-mail address provided by the Consumer.
8. Effects of withdrawing from the Agreement:
• In the case of withdrawal from the Agreement concluded at the distance, the Agreement is considered as not concluded.
• In the case of withdrawal from the Agreement, the Seller returns to the Consumer forthwith, not later than within 14 days from the date of receiving of the Consumer’s statement on withdrawal from the Agreement, all payments made by the Customer, including the costs of delivering the object, with the exception of additional costs resulting from the method chosen by the Consumer delivery other than the cheapest standard delivery method offered by the Seller.
9. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for the Seller.
10. The Seller may withhold the reimbursement until receiving of the Product back or until receiving the proof of its return, depending on which event occurs first.
11. The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the date on which the Consumer 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.
12. The Consumer bears the direct cost of returning the Product, including the cost of returning the Product if, due to its nature, the Product could not be returned by regular post.
13. The Consumer is only liable for the diminished value of the Product resulting from handling it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
14. When due to the nature of the Product, it cannot normally be returned by regular post, information about this, as well as the cost of returning the Product, will be included in the Product description in the Store.
15. The right to withdraw from a distance contract is not granted to the Consumer in relation to the Agreement:
• in which the object of the service is a non-prefabricated item, made to the Consumer’s specifications or meet of individual needs,
• in which the object of the service is an item 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,
• in which the object of the service is an item which are liable to deteriorate or expire rapidly,

§ 11.Complaint and warranty

1. The Sales Agreement covers new Products.
2. In the case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on warranty in the Civil Code.
3. In the case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the statutory warranty.
4. The complaint should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
5. The Seller will respond to the complaint request forthwith, no later than within 14 days, and if the Seller does not do so within this period, it is considered that the Customer’s request has been justified.
6. The Seller will respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer’s request was considered justified.

§ 12. Out-of-court complaint and redress mechanism

1. Detailed information on the possibility for the Consumer to use the out-of-court methods complaint and redress mechanism as well as the rules of access to these procedures are available at their head offices and on the websites of poviat (municipal) consumer advocacies, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspections and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The Consumer has the following exemplary possibilities of using Out-of-court complaint and redress mechanism:
3. 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 the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute ensuing from the Agreement concluded with the Seller.
4. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for the conduct of a mediation procedure regarding the amicable settlement of the dispute between the Consumer and the Seller.
5. The Consumer may obtain free assistance in resolving the dispute between the Consumer and the Seller, also using the free assistance of the poviat (municipal) consumer advocacies or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 13. Personal data in the online Store

1. Personal Data Administrator of the Clients collected via the online Store is the Seller.
2. Personal data of the Clients collected by the administrator via the online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of the personal data of the online Store Customers may be:
• In the case of the 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 delivery at the request of the Administrator.
• In the case of the Customer who uses electronic payments or a payment card in the online Store, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the online Store.
4. The Customer has the right to access their data and correct them.
5. Providing personal data is voluntary, but refusal to give the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this contract.

§ 14. Final provisions

1. The Agreements concluded through the online Store are concluded in English.
2. The Seller reserves the right to make the modifications in the Regulations due to important reasons, that is: changes in the law, changes in payment and delivery methods – in regard to that changes affect the implementation of these Regulations. The Seller informs the Customer of any change at least 7 days in advance.
3.In matters not covered by these Regulations, the relevant applicable polish laws shall apply, in particular: the Civil Code; the act on the provision of electronic services; the act on consumer rights, the act on the protection of personal data.
4. The Customer has the right to use out-of-court complaint and redress mechanism. In order that, the Customer may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.