I. INTRODUCTORY PROVISIONS.
1. The Regulations define the rules of using the Online Store operating under the following domains: sklep.polgastro.com and the conditions of making purchases through this store.
2. These regulations are the regulations referred to art. 8 of the Act of 18 July 2002 on the provision of electronic services.
3. The Store sells the Goods exclusively within the territory of the Republic of Poland.
4. The terms and conditions for the provision of services by the Online Store to certain entities may be determined individually and depart from the provisions of these Regulations.
5. Technical requirements. To use the Online Store you need a web browser Chrome version 15 or higher, Firefox version 8.0 or higher, or Internet Explorer version 7.0 or higher, and connection to the Internet.
1. Online Store - the online store operating under the domain: sklep.polgastro.com run by POLGASTRO Anna Pol , Plac Solny 14/3 Wrocław 50-415 Poland
2. Seller - PolGastro Anna Pol , Plac Solny 14/3 Wrocław 50-415 Poland TAX ID: PL6911405704
3. User - a natural person, legal entity or organizational unit making a purchase through the Online Store.
4. Account - an individual account in the Online Store provided with a login and password, containing User's data and information related to the use by him
5. Goods - thing, service, sold right or put up for sale via the Online Store
6. Transactions - agreements concluded between the Seller and the User through the Online Store
7. Payment Operator - portals: Przelewy24, PayPal.
8. Regulations - these regulations and attachments to it.
III. ACCOUNT, USERS AND REGISTRATION
1. In case of natural persons, the User can only be an adult and has full legal capacity.
2. The condition for the User's purchase in the Online Store is to read these Regulations and attachments to it.
3. To register an Account, it is necessary to indicate the e-mail address, name and surname and address for correspondence of the User. If the User wishes to receive invoices, it is necessary to additionally provide all data necessary to issue an invoice by the Seller.
4. The Online Store may allow you to register your Account (and later log in to that account) via external services such as Google, Facebook and other similar.
5. Registration of the Account in the Online Store takes place after entering the data of Use and acceptance of the Regulations.
6. The User may only have one account in the Online Store. The creation of more than one account requires the User's prior consent of the Seller.
7. Violation of the prohibition referred to in point 6 above constitutes the basis for removing both User Accounts.
8. Users of the Online Store and entities registering an Account may be:
- natural persons with full legal capacity,
- legal persons and organizational units without legal personality that can acquire rights and incur liabilities on their own behalf.
9. At the end of the Account registration process, a message will be sent to the e-mail address provided by the User indicating the way of confirming the registration.
10. In case of the User's data change, he must immediately update his Account. To update such data, the provisions of these Regulations regarding Account registration shall apply accordingly.
11. Using the User by untrue, incomplete or outdated data is the basis for refusing to register the Account or to delete the Account.
12. The User gets access to his account in the Online Store by logging in using a login and password. Logging in to the Online Store via external services and through other services (such as Facebook and Google) results in the same effects as logging in directly on the Online Store website.
13. It is forbidden to share Accounts with third parties and use of other Users' Accounts.
14. User accounts are not transferable.
15. Automated access to the Online Store requires the prior consent of the Seller. In particular, it is forbidden to use tools such as indexing robots, bots, or other similar technical or IT solutions.
16. The User's account may be removed by the Seller if the User has not placed any order within 2 years.
17. The User's account may be removed by the Seller if the User breaks the provisions of these Regulations.
18. Account registration by the User is free. Its effect is the conclusion of a contract for the provision of electronic services involving the maintenance of such an account. Removal of the Account by the User or the Seller is tantamount to termination of this agreement with immediate effect.
IV. OBLIGATIONS OF THE USER
1. It is forbidden for Users to post in both the content published within their Accounts, comments under the products and through any communication made via the Online Store:
- statements, information and unlawful statements,
- profanity, pornographic content, hate speech content, racist, xenophobic and other similar content, and content that violates personal rights or other rights of third parties,
- links to other sales platforms, price comparison websites or other entities whose activity may be competitive to the Seller,
- personal data of other Users or third parties.
2. The User hereby agrees to the blocking and / or removal of the content published by him, when in the Seller's opinion there has been a violation of these Regulations, and in case where the same content has been published by the User many times. In particular, the Seller has the right to delete or modify all or part of the content if:
- the statement constitutes another opinion referring to the same subject,
- the statement refers to a different subject than the one being reviewed,
- the content of the statement indicates that it was issued through an automated system,
- violates applicable laws or/and company secrets.
3. The User is obliged to check the condition of the shipment when collecting the Goods. In case of damage or incompleteness of the shipment, the User should request the courier to write down the damage report, carry out photographic documentation of the packaging and the Goods on its own and if necessary, perform other actions necessary to determine the liability of the shipper's supplier.
1. The prices given in the Online Shop are gross prices and are expressed in Polish currency.
2. The condition for the sale of the Goods is the submission by the User of a statement containing:
- data necessary to send him purchased Goods,
- a statement about the choice of payment method,
- a statement about the choice of the delivery of the Goods,
- phone number and e-mail address.
3. The condition for sending the User the Product is the payment by the User for the Goods, except for the situation where in relation to a given Good the Seller allows for payment on delivery and the User has chosen such an option when placing the order.
4. Conclusion of the Goods sale agreement between the User and the Seller is done by clicking on the appropriate button on the website, which appears after completing the process of adding goods to the User's basket.
5. Shipment of the goods takes place immediately.The Seller will make every effort to send the Goods no later than within 7 business days from the date of payment (or in case of sales on delivery from the moment of placing the order). This term may be extended especially when a given Good must be imported by a Seller from abroad. According to the applicable provisions on consumer protection, however, this date can never be longer than 30 days.
6. If the Product, despite being sent, is not delivered to the User due to reasons attributable to the User, this will not lead to the termination of the agreement between the parties and the Product may be sent to him again at his own expense.
VI. PERSONAL DATA
2. The User who has received information about another User via the Online Store is obliged not to disclose this information to third parties. In particular, it is forbidden to use this information for commercial or marketing purposes.
1. The User may submit complaints about the Goods purchased in the Online Store.
2. Complaints may be submitted in writing, in the form of registered mail, to the following address: PolGastro Anna Pol , Plac Solny 14/3 Wrocław 50-415 Poland, or by sending a message via the appropriate form available in the Online Store.
3. Filing a complaint should include the person lodging the complaint (name, surname, address, e-mail address) and a description of the defect causing the complaint and clarifying the User's claim against the Seller (repair, replacement of the good, refund, etc.). If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller asks the User to supplement it in the indicated scope.
4. Complaints will be considered within 14 days from the date of receipt by the Seller of a correctly filed complaint (containing the required elements and not requiring supplementation).
5. The user will receive information on the method of handling the complaint via electronic correspondence, to the e-mail address provided in the complaint.
1. The User who is a consumer has the right to withdraw without giving a reason from the contract concluded with the Seller within 14 days from the date of receipt of the Product by the consumer or a person designated by him. The withdrawal may be submitted in any form, including by sending a completed withdrawal form by post, which together with the relevant instruction form an Attachment to the Regulations.
2. In case of withdrawal from the contract, the User receives a refund of the payments made, including the cost of delivering the Goods (with the exception of additional costs resulting from choosing by the User the delivery method other than the cheapest). The return takes place immediately, however not later than within 14 days from the moment of informing the Seller about the exercise of the right of withdrawal. The condition of refunding the payment is returning the Goods to the address of the Seller.
3. In case of withdrawal from the contract, the User is obliged to return the Goods immediately, but not later than 14 days from the date on which he rescinded the contract. To meet the deadline, it is enough to return the Goods before its expiry.
4. The user bears the direct cost of returning the items. If, due to the nature of the item, it can not be returned in the usual way by post, the seller is obliged to collect the items at his own expense.
IX. SALVATORY CLAUSE.
1. In case of any provision of these Regulations turns out to be invalid or unenforceable, it does not affect the validity and effectiveness of the remaining provisions of the Regulations
X. FINAL PROVISIONS.
1. In case of changing these Regulations or attachments, the Seller will inform the Users about this on the Online Store's website and, if necessary, using access data from external services - also via correspondence sent to the Users' email addresses.
2. The changes referred to in paragraph 1 above are entering into force on the date specified by the Seller
3. In case of non-acceptance of the new Regulations, the User should terminate the contract for the provision of services by electronic means through the liquidation of his Account. If the User does not exercise this right, he is deemed to have agreed to the continuation of the contract under the terms of the new Regulations.
4. In case of discrepancies between the provisions of these Regulations and the provisions contained in the attachments or other regulations issued by the Seller, the priority is given to the provisions of attachments or separate regulations - unless expressly stated otherwise.
5. In all matters not regulated in these Regulations, the provisions of generally applicable Polish law apply, in particular the provisions of the Civil Code, the Personally Identifiable Information Protection Actand the Act on the provision of electronic services.
6. All disputes between the parties to the contract are resolved by the competent Polish common court. In case of disputes arising from agreements in which a consumer is not a party, the competent court will be, according to the Seller’s choice, the appropriate local court having jurisdiction over its registered office or the court competent for the city of Wrocław
7. Users who are consumers have the opportunity to use the out-of-court way to resolve complaints and claim against the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection. Information on how to access the abovementioned mode and procedures for resolving disputes, can be found at the following address: www.uokik.gov.pl, in the tab "Settlement of consumer disputes".
8. Information on how to access the abovementioned mode and procedures for resolving disputes, can be found at the following address: www.uokik.gov.pl, in the tab "Settlement of consumer disputes". Users who are consumers also have the option of using the EU ODR online platform, available at the following address: http://ec.europa.eu/consumers/odr/,
9. The headings contained in this agreement are purely order-based and do not affect the meaning and interpretation of the content of the Regulations.
10. The failure to use or delayed use by the Seller of the rights resulting from these Regulations does not constitute a waiver of these rights, and partial or one-time use of a given right does not exclude the possibility of using this right in the future.