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.
(Liability) The Seller is liable for the compliance of the goods (i.e., the Product) with the sales contract (i.e., the Transaction) on the principles set out in Chapter 5a (Articles 43a to 43g) of the Act of 30 May 2014 on Consumer Rights – contracts that oblige the transfer of ownership of the goods to the consumer. Information in this respect is provided in Attachment No. 2.
(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.
(Consumer Assistance) A consumer can obtain free assistance regarding their rights and a dispute with us, among other things, by reaching out to a district (city) consumer ombudsman or a social organization, whose statutory tasks include consumer protection. Information for consumers, including details on how to obtain assistance, is also available on the website of the President of the Office of Competition and Consumer Protection (uokik.gov.pl) under the “Settlement of Consumer Disputes” tab. At https://ec.europa.eu/consumers/odr, consumers can access the resolution of consumer disputes electronically via the EU’s online platform (ODR platform). The ODR platform is a multilingual, interactive website for serving consumers and entrepreneurs seeking out-of-court resolution of disputes arising from the conclusion of a distance sales or service contract.
(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)
Attachment no. 2. Information prepared on the basis of Art. 43a – 43g of the Act of May 30, 2014 on consumer rights – contracts obliging to transfer ownership of the goods to the consumer
- In the event of non-compliance of the goods with the contract, the consumer has the rights specified below. The provisions of Book Three, Title XI, Chapter II of the Act of April 23, 1964 – Civil Code (Journal of Laws of 2022, item 1360 and 2337).
- The goods are in compliance with the contract if, in particular, their description, type, quantity, quality, completeness and functionality are in accordance with the contract, and in the case of goods with digital elements – also compatibility, interoperability and availability of updates; suitability for a specific purpose for which it is needed by the consumer, about which the consumer notified the entrepreneur (Seller) at the latest at the time of concluding the contract and which the entrepreneur accepted.
- In addition, in order for the goods to be considered in compliance with the contract, they must:
- be fit for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices; be present in such quantities and have such characteristics, including durability and safety, as are typical of the product of that type and which the consumer can reasonably expect, having regard to the nature of the product and the public assurance given by the trader, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the entrepreneur proves that he was not aware of a given public assurance and, judging reasonably, could not have known about it, before concluding the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was submitted, or in a comparable way, the public assurance did not influence the consumer’s decision to conclude the contract;
- be supplied with packaging, accessories and instructions that the consumer could reasonably be expected to provide;
- be of the same quality as the sample or design made available to the consumer by the trader before the conclusion of the contract and correspond to the description of such sample or design.
- The entrepreneur is not liable for the lack of compliance of the goods with the contract to the extent referred to in point. 2 or 3, if the consumer, at the latest at the time of concluding the contract, has been clearly informed that a specific feature of the goods deviates from the requirements of compliance with the contract specified in point. 2 or 3, and has expressly and separately accepted the lack of a specific feature of the goods.
- The entrepreneur is liable for non-compliance of the goods with the contract resulting from improper installation of the goods, if it was carried out by the entrepreneur or under his responsibility.
- The entrepreneur is liable for the lack of conformity of the goods with the contract existing at the time of their delivery and discovered within two years from that moment, unless the shelf life of the goods specified by the entrepreneur, his legal predecessors or persons acting on their behalf is longer. The lack of conformity of the goods with the contract, which became apparent within two years from the date of delivery of the goods, is presumed to have existed at the time of delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specific nature of the goods or the nature of the lack of conformity of the goods with the contract. . The entrepreneur cannot rely on the expiry of the period for determining the lack of conformity of the goods with the contract if he has fraudulently concealed this lack.
- If the goods do not comply with the contract, the consumer may demand that they be repaired or replaced. The entrepreneur may replace the goods when the consumer requests repair, or the entrepreneur may perform repairs when the consumer requests replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the entrepreneur. If repair and replacement are impossible or would require excessive costs for the entrepreneur, he may refuse to bring the goods into compliance with the contract. When assessing the excessive costs for the entrepreneur, all circumstances of the case are taken into account, in particular the importance of the lack of conformity of the goods with the contract, the value of the goods consistent with the contract and excessive inconvenience to the consumer resulting from a change in the method of bringing the goods into compliance with the contract. The trader shall repair or replace the goods within a reasonable time from the moment when the trader was informed by the consumer about the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the specific nature of the goods and the purpose for which the consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the entrepreneur. The consumer provides the entrepreneur with goods that are subject to repair or replacement. The entrepreneur collects the goods from the consumer at his own expense.
- If the goods are inconsistent with the contract, the consumer may submit a declaration of price reduction or withdrawal from the contract when:
- pthe entrepreneur refused to bring the goods into compliance with the contract in accordance with point 7 above,
- the entrepreneur failed to bring the goods into compliance with the contract in accordance with point 7 above,
- the lack of conformity of the goods with the contract persists, even though the entrepreneur has tried to bring the goods into compliance with the contract;
- the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measures specified in point. 7 above
- it is clear from the trader’s statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
- The reduced price must be in such proportion to the price resulting from the contract that the value of the goods that do not conform to the contract is to the value of the goods that comply with the contract. The entrepreneur shall refund the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer’s declaration of the price reduction. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. It is presumed that the lack of conformity of the goods with the contract is significant.
- If the lack of conformity concerns only some of the goods supplied under the contract, the consumer may withdraw from the contract only in respect of those goods, and also in respect of other goods purchased by the consumer together with the goods not in conformity with the contract, if the consumer cannot reasonably be expected to agreed to retain only goods consistent with the contract.
- In the event of withdrawal from the contract, the consumer shall immediately return the goods to the entrepreneur at his expense. The entrepreneur shall refund the price to the consumer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
- The entrepreneur refunds the price using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.
- The consumer may refrain from paying the price until the entrepreneur fulfills the obligations arising from point 7 and points 8 above.
- Derogation from the warranty conditions specified in the advertising to the detriment of the consumer is ineffective unless the warranty declaration made in the advertising before concluding the contract has been rectified in compliance with the conditions and form in which the advertising was made or in a comparable manner. The durability guarantee cannot provide for repair or replacement conditions that are less favorable to the consumer than those specified in point. 7 above.