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TERMS AND CONDITIONS
If you are reading these Terms and Conditions, it means that you are now (considering) ordering our products. Please get acquainted with the content of this document as it defines the rules on which your order will be executed.
(Definitions) describing the basic terms used in the Terms and Conditions (bolded below):
Seller – {{name}} with its registered seat in {{city}} ({{postal_code}}), {{address}}, entered into the register of entrepreneurs of the National Court Register under the KRS number {{krs}}, registry files of which are kept by the District Court {{court}}, NIP (tax ID no.): {{nip}}, REGON (statistical no.): {{regon}} / {{name_and_surname}} conducting business activity under the name {{business_activity_name}} with its registered seat in {{city}} ({{postal_code}}), {{address}}, based on an entry to the Central Evidence and Information about Economic Activity under NIP (tax ID no.): {{nip}}, REGON (statistical no.): {{regon}}.
Buyer – You, i.e. an adult natural person with full legal capacity, provided that the order may be physically placed by a minor (the Minor), but only under the supervision of the Buyer, who is his/her representative (e.g. parent or guardian) within the meaning of the applicable law. Buyer’s and Minor’s activities, including Transactions, are solely those of the Buyer, who is always a party to the agreement with the Seller
Consumer – a Buyer who concludes a Transaction as a consumer within the meaning of the binding provisions of law.
Party – a collective term referring to the Seller and the Buyer.
Products – products, incl. above all nutrition (unpacked) and beverages, presented by the Seller to the Buyer and which can be an object of the
Transaction – i.e. a sale contract of a given Product concluded between the Seller and the Buyer.
Commercial Information – information regarding the Products, placed by the Seller. Commercial Information do not constitute an “_offer_”, but only an “_invitation to submit offers_” to the Seller, as defined by the binding provisions of law.
Operator – 3E KOLCZYŃSKI, LIŻEWSKI, GĘDZIOROWSKI, ROSTOCKI Spółka Komandytowa with its registered seat in Warsaw (01-646), 32 Jelinka Street, entered into the register of entrepreneurs of the National Court Register under the KRS number 0000944999, registry files of which are kept by the District Court for the capital city of Warsaw in Warsaw, 20th Commercial Division of the National Court Register, NIP (tax ID no.): PL5213343778, REGON (statistical no.): 14014613.
Online Market – Seller’s service operating – based on a hosting principal – within the OrderingStack IT environment, being an electronic service provided by the Operator, regardless of the form of provision thereof (desktop, mobile, other forms), aimed at providing tools enabling above all: (a) the Sellers – placing Commercial Information and concluding Transactions with Buyers, (b) the Buyers – browsing Commercial Information placed by the Sellers in the Online Market and concluding Transactions with Sellers. OrderingStack and functionalities available in the scope thereof are made available on an “as is” basis which means that you can use OrderingStack and its functionalities in the form made available at the given moment by the Operator.
Data – all information and data regarding the Buyer collected in relation to the use of the Online Market tools by the Buyer, including those provided directly, e.g. in scope of the order form, as well as those collected by cookies and other similar technologies. Especially, Personal Data – Data which are personal data within the meaning of the binding provisions of law, processed by the Seller or the Operator. An always up-to-date information on the processing of Personal Data can be found in the Privacy Policy, which is available on the website or in the application in a way enabling obtaining and displaying it, and saving its content using the Buyer’s ICT system.
User – user of the Online Market. A collective term referring to both: the Seller and the Buyer.
Payment operator – an entity that executes payment transactions related to the payment of the Transaction amounts on the Buyer’s payment order.
(Transactions), i.e. the way of concluding Transactions between the Buyer and the Seller in the OrderingStack environment:
(Transaction) A Transaction is concluded only between the Seller and the Buyer on the terms and conditions specified in the Terms and Conditions, based on the detailed terms contained in the Commercial Information and in accordance with the applicable law. In case of conflict between the Terms and Conditions and the terms contained in the Commercial Information, provisions of the Terms and Conditions shall prevail.
(Offer) The Buyer interested in concluding a Transaction for a specific Product shall make the Seller a purchase offer using the Transaction form available in the Online Market. Offers may be placed 7 days a week, 24 hours a day. The Transaction value specified in the Transaction form includes the price of the Product (gross price including value added tax and other taxes in the amount determined by the applicable law). Before submitting an offer, the Buyer is informed about the price and any additional costs, if any, which (s)he will be obliged to incur in relation to concluding the Transaction (including the costs of delivery available in the Online Market). The Buyer is also informed about all ingredients or additives used by producing or preparing the Products, which may cause allergies or other intolerance-related reactions. After obtaining the above information, the Buyer selects checkbox described: “Order with payment obligation” or similar. An offer shall be deemed submitted after the Buyer has done the following: (i) filling in all fields of the Transaction form marked as obligatory and sending the form in accordance with the functionalities of the Online Market; (ii) accepting the terms and conditions of the Payment Operator and paying the Transaction value within the deadline and on the terms specified in the Online Market.
(Conclusion of Transaction) Immediately after making an offer, the Buyer will receive, e.g. via means of electronic communication, a confirmation of the offer made along with an information that the Payment Operator must confirm payment of the Transaction value. Payment confirmation by the Payment Operator of the Transaction value shall mean acceptance of the offer and conclusion – between the Buyer and the Seller – the Transaction covering the Products specified in the offer. Immediately after conclusion of the Transaction, a confirmation of conclusion of the Transaction and payment of the Transaction value is sent to the Buyer, e.g. via electronic communication.
(Settlement of Transaction) The Payment Operator shall execute payment transactions related to the payment of the Transaction value on the Buyer’s payment order, based on the terms specified by the Payment Operator especially in the Payment Operator’s terms and conditions regarding the transfer of payments via the Payment Operator, taking into account provisions of the Terms and Conditions. The Operator or the Buyer shall not be obliged to pay to the Payment Operator any fees for the execution of payment transactions on the Buyer’s payment order, related to the payment of the Transaction amount. The payment may be made using one of the payment methods made available to the Buyer. The currently available payment methods are shown in the Transaction form. If the Payment Operator for any reason is unable to execute a payment transaction on the Buyer’s payment order, the Payment Operator will refund the payment amount to the Buyer on the terms specified by the Payment Operator in the relevant terms and conditions or other legal document made available by the Payment Operator.
(Transaction complaints) Complaints about the Seller’s non-execution or improper execution of the Transaction may be submitted to the following email address: {{email_personal_data}}. The complaint will be considered within 14 days. The Buyer will be informed about the result of the complaint procedure by an email (sent back to the email address from which the complaint was lodged).
(Information about the right of withdrawal) According to the applicable provisions of law, the Consumer may withdraw from any agreement concluded at a distance, e.g. via Online Market, within 14 days. In order to keep the deadline to withdraw from the agreement, it is enough for the Consumer to send the information about the withdrawal to the other party to the agreement before the expiry of the deadline (the template is attached to the Terms and Conditions). The right to withdraw from the agreement shall not be applicable in particular: (a) if the object of the agreement is a product that is easy to spoil or with a short expiry date; (b) to the subject of the agreement with the properties specified by the Consumer in the order placed by him/her or closely related to his/her person, (c) if the Seller has fully executed the agreement before the Consumer’s statement, (d) from the moment when the Seller has already started execution of the agreement for the benefit of the Consumer, of which the Consumer is additionally informed by an appropriate message. In case of withdrawal from the agreement, payment ordered by the Consumer shall be returned no later than within 7 days directly to the account from which the payment was made.
(Complaints regarding payment transactions) Complaints regarding execution of payment transactions by the Payment Operator shall be addressed by the Buyer directly to the Payment Operator in a manner and under conditions specified by the Payment Operator. If the Buyer submits a complaint regarding the execution of payment transactions to the Seller, the Seller will make efforts to forward the complaint to the Payment Operator.
(General information about the Data), i.e. terms and conditions of verification and potential entrusting of Buyer’s personal data processing in the scope of virtual space (detailed information related to that matter can be found in the Privacy Policy):
(Data accuracy and verification) The Buyer is obliged to provide only true Data. Providing false Data entitles the Seller to discontinue executing the Transaction immediately. The Seller reserves the right to verify the Data. Verification may include, among others, sending an email, to the email address provided while placing an order, which will be a confirmation of placing the order by the Buyer.
(Data entrusting) If the Online Market is used by a person authorized by the Buyer, e.g. a Minor, the Buyer entrusts such person’s data to the Seller or the Operator (respectively) for processing for the purposes described in the Privacy Policy.
(Online Market as an electronic service)
(Technical requirements and support) For the proper functioning of the Online Market, it is required to use a device with Internet access and with a web browser supporting cookies and JavaScript installed. The Operator recommends using the latest versions of web browsers which are being developed and supported, such as e.g. Google Chrome, Mozilla Firefox. If the Buyer uses versions of browsers other than the latest ones available, the Operator may not ensure that the Online Market will function properly (this applies especially to browsers in a version lower than one of 3 latest versions of a specific browser presented on ( https://gs.statcounter.com/browser-market-share/desktop/worldwide). In addition, the browser cannot have installed any extensions that may negatively affect operations of the Online Market. Shall you require technical support regarding operations of the Online Market, please contact us at: [email protected] or via a communication system, if it was made available in the Online Market. The support referred to in the previous sentence will be provided without undue delay (if it happens that you don’t receive an answer from us, please contact us again). Support does not include services not provided by the Operator. In order to avoid any doubts, the Seller informs that the Operator provides exclusively virtual space and IT infrastructure for Seller’s Online Market. This shall mean that the Operator is not a party to any legal relationship related to the Transaction and to any other relationship with the Buyer – the support is provided on a bona fidae basis to ensure the proper functioning of OrderingStack and therefore the Operator is under no circumstances obliged to provide it in individual cases. Nevertheless, all Buyers’ comments are valuable to the Operator and help improve the tools of OrderingStack
(Prohibited activities) The Buyer may use the Online Market only in accordance with the applicable provisions of law, the Terms and Conditions and current functionalities. All activities that are not expressly permitted by the Terms and Conditions are prohibited, including especially: (a) activities that may interfere with the functioning of the Online Market, including hindering access to functionalities or usage thereof by other Buyers, (b) use viruses, bots or other codes, files or programs (in particular those automating scripts and applications processes or other codes, files or tools); (c) otherwise present an imminent risk of harm to the Online Market or Sellers, (d) sending illegal content.
(Accessibility) Although the Operator makes every effort to provide services at the highest level, unfortunately the Operator cannot exclude a possibility of temporarily suspending Online Market availability in case of a need for maintenance, inspection, replacement of equipment or in connection with a need to modernize or expand.
(Availability) The Terms and Conditions are made available free of charge and continuously within the Online Market, in a way enabling to obtain and reproduce them and save content thereof at any time. The Terms and Conditions may be amended, which should be understood as a change of provisions affecting the rights or obligations of the Parties, because only the Terms and Conditions available in the Online Market at the time of conclusion of the Transaction shall apply to a specific Transaction.
(Governing law) Any disputes related to the Terms and Conditions or legal relations described therein shall be governed by the laws of Poland. The disputes should be subject to the jurisdiction of courts and authorities competent for the registered seat of the Seller, subject to unconditionally binding provisions of law (conflict of laws) and Consumer rights.
(Completeness) Should any provision of the Terms and Conditions be amended or declared void by a decision of a competent authority or court, all other provisions of the Terms and Conditions shall remain in force and bind the Seller and the Buyer.
(Promotions) The Seller may conduct promotional activities on the terms set forth in the terms and conditions of a specific promotion. In such case, the terms and conditions of a specific promotion shall prevail over the provisions of the Terms and Conditions. Unless otherwise specified in the terms and conditions of the particular promotion, promotions cannot be combined.
(Entry into force) The Terms and Conditions enter into force on {{registration_date}}.
Attachment no. 1. Template of a statement on withdrawal from the agreement
TEMPLATE OF A STATEMENT ON WITHDRAWAL FROM THE AGREEMENT
Date: (please enter day, month, year)
Seller: (please enter full name and registered seat address)
Buyer: (please enter name and surname, correspondence and electronic address)
Statement. I/We hereby inform about withdrawal from the following agreement (indication of the agreement) concluded on (conclusion date)
signature of the consumer(s)*
(*required solely in case of a hardcopy)