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Terms and conditions of use

SHOP REGULATIONS; TERMS AND CONDITIONS

 

DELIKATESYNAZDROWIE.PL

 

§ 1

GENERAL PROVISIONS

  1. The website delikatesynazdrowie.pl operates on the terms set out in these Regulations.

  2. The Regulations specify the conditions for concluding and terminating Sales Agreements, the method of making a Reservation of Goods and the complaint procedure, as well as the types and scope of services provided electronically by the Delikatesynazdrowie.pl Website, the rules for providing these services, the conditions for concluding and terminating contracts for the provision of electronic services.

  3. Each Service Recipient, upon taking steps to use the Electronic Services of the Delikatesynazdrowie.pl Website, is obliged to comply with the provisions of these Regulations.

  4. In matters not covered by these Regulations, the following provisions shall apply:

4.1. the Act on the provision of electronic services of July 18, 2002,

4.2. the Act on Consumer Rights of May 30, 2014,

4.3. the Act on out-of-court resolution of consumer disputes of September 23, 2016,

4.4. The Civil Code Act of April 23, 1964.

4.5. and other relevant provisions of Polish law.

§ 2

DEFINITIONS CONTAINED IN THE REGULATIONS

  1. WEBSITE - the Service Provider's electronic platform for placing Reservations and Orders, operating at delikatesynazdrowie.pl

  2. REGULATIONS - these regulations specify the rules for using the Website.

  3. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Website.

  4. CONTACT FORM - a form available on the website delikatesynazdrowie.pl that allows you to send a message to the Service Provider.

  5. REGISTRATION FORM – a form available on the website delikatesynazdrowie.pl enabling the creation of an Account.

  6. ACCOUNT - marked with an individual name (login) and password, a collection of resources in the Service Provider's ICT system, in which the Service Recipient's data is collected, including information about placed Orders and made Reservations.

  7. NEWSLETTER - An Electronic Service that allows the Service Recipient to subscribe to and receive free information from the Service Provider regarding the Website and the Products and Goods available on the Website to the e-mail address provided by the Service Recipient.

  8. OPINION SYSTEM - An Electronic Service made available to Customers by the Service Provider, enabling the posting of opinions on Products and Goods.

  9. AVAILABILITY NOTIFICATION FORM - An Electronic Service that allows the Service Recipient to receive free information about changes in the availability of the selected Product or Goods to the e-mail address provided by the Service Recipient.

  10. SELLER, SERVICE PROVIDER - Jadwiga Mieszkowicz running a business under the name EATFIT24.PL JADWIGA MAŁGORZATA MIESZKOWICZ entered into the Central Register and Information on Economic Activity kept by the minister competent for economy, place of registered office: ul. Stefana Żeromskiego 24H, 10-354 Olsztyn, NIP: 7392959958, REGON: 280231159, e-mail address: reklamacja@delikatesynazdrowie.pl, phone numbers: +48 508 142 292

  11. SERVICE RECIPIENT - a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.

  12. CUSTOMER - a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.

  13. CONSUMER - a person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.

  14. ENTREPRENEUR - a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.

  15. ORDER FORM - a form available on the Delikatesynazdrowie.pl Website that allows you to place an Order for the Product and make a Reservation for the Goods.

  16. PRODUCT - a movable item presented on the Website that is not an alcoholic beverage or a Dietary Service, which is the subject of the Sales Agreement between the Customer and the Seller.

  17. GOODS - an alcoholic beverage presented on the Website, which is the subject of the Sales Agreement between the Customer and the Seller.

  18. SALES AGREEMENT - a Product or Goods Sales Agreement concluded between the Customer and the Seller. In the case of Goods constituting alcoholic beverages, the Sales Agreement is concluded and performed only at a Stationary Point.

  19. STATIONARY POINT - a stationary point of sale located at: ul. Towarowa 20 A, 10-416 Olsztyn, to which Reservations can be made using the Website www.delikatesynazdrowie.pl

  20. RESERVATION - Customer's declaration of intent, aiming directly at concluding a Goods Sale Agreement at a Stationary Point, specifying in particular the type and number of Goods.

  21. ORDER - Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.

  22. PROXY - a person to whom the Customer has granted a power of attorney to collect the Goods on his behalf from the Stationary Point.

  23. DIETARY SERVICE - a service provided by the Seller stationary in Olsztyn at the address: ul. Marka Kotańskiego 6/13, via means of distance communication or by phone, including dietary consultation.

  24. MEANS OF DISTANCE COMMUNICATION - an IT or ICT device with software, used for individual remote communication and the provision of Dietary Services, using data transmission between IT and ICT systems.

  25. PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product or Goods.

§ 3

PRODUCT AND ORDERING INFORMATION

  1. The Seller, through the Delikatesynazdrowie.pl website, sells Products via the Internet.

  2. The products offered through the Website are new, in accordance with the contract and have been legally introduced to the Polish market.

  3. The information on the Website's websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product under the conditions specified in its description.

  4. The price of the Product shown on the Website is given in Polish zlotys (PLN) and includes all components, including VAT, subject to point 5. The Customer also has the option of changing the currency on the Website and paying for the Order in euros (EUR). The price in euro is the gross price.

  5. If the Order is paid by a company with a foreign NIP number that is also an EU VAT payer, the given Price is the Net Price.

  6. The price of the Product shown on the Website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes that may occur in relation to individual Products after the Customer has placed the Order.

  7. The Seller clearly informs the Customers about Unit Prices as well as promotions and reductions in Product Prices. Next to the information about the discount of the Product, the Seller shows the lowest Price of this Product, which was in force in the period of 30 days before the introduction of the reduction, and if the Product is offered for sale in a period shorter than 30 days - the Seller shows the lowest Price of the Product, which was in force in the period from the date of offering this Product for sale until the date of introduction of the discount.

  8. Orders can be placed:

8.1. via the website using the Order Form (www.delikatesynazdrowie.pl) - 24 hours a day throughout the year,

8.2. via e-mail to the following address: kontakt@delikatesynazdrowie.pl

8.3. by phone at: +48 508 142 292

  1. In order to place an Order, the Customer is not required to register an Account on the Website.

  2. The condition for placing an Order via the Website by the Customer is to read these Regulations and accept its provisions at the time of placing the Order.

  3. Products on promotion (sale) have a limited number of pieces and Orders for them will be processed in the order in which they are received until the stock of a given Product runs out.

  4. In a situation where the Customer places an Order on the Website worth more than PLN 300, he receives a free Dietary Service. In order to determine the date of performance of the Service, the Customer is asked to contact the Seller.

  5. In the event that the Seller is forced, before starting the performance of the Dietary Service constituting the Product, for reasons beyond his control, to change the material terms of the Agreement with the Customer, he will immediately notify the Customer.

  6. In the situation referred to in point 13 of this paragraph, the Customer is obliged to immediately inform the Seller whether:

14.1. accepts the proposed amendment to the Agreement or

14.2. withdraws from the Agreement with the immediate return of all benefits paid by the Customer and without the obligation to pay any contractual penalty.

  1. If the Customer withdraws from the Agreement in accordance with point 14 of this paragraph or if the Seller cancels the performance of the Dietary Service for reasons beyond the Customer's control, the Customer has the right, at his discretion:

15.1. receive a replacement Dietary Service of the same or higher standard, unless he agrees to a lower standard Service with a refund of the difference in Price,

15.2. demand the immediate return of all benefits paid by him.

  1. The Seller is responsible for non-performance or improper performance of the Dietary Service constituting the Product, unless the non-performance or improper performance is caused solely by:

16.1. act or omission of the Customer,

16.2. acts or omissions of third parties not participating in the performance of the Service provided for in the Agreement for the provision of Services, if these acts or omissions could not be foreseen or avoided,

16.3. force majeure (an accidental or natural event, i.e. natural, unavoidable, one over which the Seller has no control, in particular catastrophic events of nature and extraordinary events in the form of collective life disorders, such as war, domestic riots, epidemic).

§ 4

INFORMATION ON THE GOODS AND THEIR RESERVATION

  1. The seller has valid permits for the sale of alcoholic beverages intended for consumption outside the place of sale, issued by the competent public administration authorities, pursuant to the Act of October 26, 1982 on upbringing in sobriety and counteracting alcoholism. Decision number: ………

  2. Reservations for the Goods can be made via the website using the Order Form (Delikatesynazdrowie.pl Website) - 24 hours a day throughout the year.

  3. In order to place a Reservation, the Customer is not obliged to register an Account on the Website.

  4. The condition for making a Reservation via the Website by the Customer is to read these Regulations and separate regulations of the power of attorney to collect the Goods - if the Customer has chosen the option of delivering the Goods by the Proxy - and accept their provisions at the time of making the Reservation.

  5. Reservations for Goods may only be made by persons who:

5.1. is 18 years of age, which they are obliged to declare in the content of the Order Form by indicating their date of birth,

5.2. and accepted the provisions of these Regulations and separate regulations of the power of attorney to collect the Goods, if the Customer chose the option of delivering the Goods by the Proxy.

  1. The Seller clearly informs the Customers about Unit Prices as well as promotions and reductions in the Price of Goods. In addition to information on the reduction of the Price of the Goods, the Seller shows the lowest Price of the Goods, which was in force in the period of 30 days before the introduction of the reduction, and if the Goods are offered for sale in a period shorter than 30 days - the Seller shows the lowest Price of the Goods, which was in force in the period from start offering this Good for sale until the date of introduction of the discount.

§ 5

CONCLUSION OF THE SALES AGREEMENT

  1. Conclusion of the Product Sales Agreement.

1.1. To conclude a Product Sales Agreement, it is necessary for the Customer to place an           Order in advance using the method provided by the Seller in accordance with § 3 point 8 and 10 of the Regulations,

1.2. after placing the Order, the Seller immediately confirms its receipt,

1.3. confirmation of acceptance of the Order referred to in point 1.2 of this paragraph binds the Customer with his Order. Confirmation of receipt of the Order is made by sending an e-mail,

1.4. confirmation of receipt of the Order includes:

a)      confirmation of all essential elements of the Order,

b)      contract withdrawal form,

c)      these Regulations containing information on the right to withdraw from the contract,

1.5. upon receipt by the Customer of the email referred to in point 1.4 of this paragraph, a Product Sales Agreement (other than an alcoholic beverage) is concluded between the Customer and the Seller,

1.6. each Product Sales Agreement will be confirmed by a proof of purchase (VAT invoice or receipt), which will be attached to the Product and/or sent by e-mail to the Customer's email address provided in the Order Form.

2. The procedure for concluding a Goods Sale Agreement.

2.1. In accordance with applicable regulations, the Seller sells the Goods only to persons who are over 18 years of age and their behavior does not indicate that they are intoxicated,

2.2. The Goods Sale Agreement is concluded and implemented only at the Stationary

Point,

2.3. in order to conclude a Goods Sale Agreement at a Brick-and-mortar Point, the Customer must first select the Goods via the Website and add them to the basket,

2.4. at the end of the Order Form, the Customer will see a summary of the Reservation, which contains information on the quantity of the reserved Goods and their Prices, available payment methods for the Reservation and information on the time, method of operation and the amount of the Proxy's remuneration for the receipt and transfer of the Goods to the Customer, provided that the Customer decided to use an intermediary,

2.5. clicking by the Customer on the button with the content "I order with the obligation to pay" is the final confirmation of the willingness to conclude a Goods Sale Agreement with the Seller at a Brick-and-mortar Point, in accordance with the content of these Regulations,

2.6. after making the Reservation, the Seller immediately confirms its receipt.

Confirmation of receipt of the Reservation includes:

a)      confirmation of all essential elements of the Booking,

b)      prices of the ordered Goods, including the Proxy's remuneration for the receipt and transfer of the Goods to the Customer and the time and manner of its operation - if the Customer decided to use the Proxy,

c)      contract withdrawal form,

d)      these Regulations contain information on the right to withdraw from the contract.

2.7. The Contract for the Sale of Goods is deemed concluded upon confirmation of acceptance of the Reservation by the Stationary Point.

2.8. The place of conclusion of Contracts for the Sale of Goods is the Stationary Point.

2.9. Each Goods Sale Agreement will be confirmed by a proof of purchase (VAT invoice), which will be attached to the Goods and/or sent by e-mail to the Customer's email address provided in the Order Form.

3. Conclusion of the Agreement in the case of an Order covering both Goods and Products.

3.1. The provisions of 2.1 and 2.2 of this paragraph apply accordingly,

3.2. to conclude a Sales Agreement, if the order contains both Products and Goods, it is necessary to select the appropriate Goods and Products via the Website and add them to the basket,

3.3. at the end of the Form, the Customer will see a summary containing information on the quantity of Goods and Products, their Prices, available payment methods, as well as the time and manner of operation and the amount of the Proxy's remuneration for the collection and transfer of the Goods to the Customer, if the Customer decided to use an intermediary,

3.4. in the event that the order includes both Products and Goods, the Sales Agreement is concluded and implemented only at a Stationary Point,

3.5. clicking by the Customer on the "I order with the obligation to pay" button is the final confirmation of the willingness to conclude a Sales Agreement with the Seller covering Products and Goods at a Brick and Mortar Point, in accordance with these Regulations,

3.6. The Seller immediately confirms receipt of the statement referred to in point 3.5. Confirmation of receipt of the statement includes:

a)      confirmation of all essential elements of the order,

b)      Prices of ordered Goods and Products, including the Proxy's remuneration for the receipt and transfer of the order to the Customer and the time and manner of its operation - if the Customer decided to use the Proxy,

c)      contract withdrawal form,

d)      these Regulations contain information on the right to withdraw from the contract.

3.7. The Sales Agreement covering both Goods and Products is considered concluded upon confirmation of acceptance of the order by the Stationary Point.

3.8. The place of concluding Sales Agreements covering both Goods and Products is the Stationary Point.

3.9. Each Sales Agreement covering both Goods and Products will be confirmed with a proof of purchase (VAT invoice), which will be attached to the order or sent by e-mail to the Customer's email address provided in the Order Form,

3.10. The condition for placing an order covering both Goods and Products by the Customer is to read these Regulations and separate regulations of the power of attorney to collect the Goods - if the Customer has chosen the option of delivering the Goods by the Proxy - and accept their provisions at the time of making the Reservation,

3.11. In the case of orders covering both Goods and Products, the provisions of § 4 point 5 shall apply accordingly.

§ 6

PAYMENT METHODS

  1. The seller provides the following payment methods:

1.1. payment by traditional transfer to the Seller's bank account,

1.2. payment via an electronic payment system (BlueMedia, Stripe),

1.3. Cash on delivery.

  1. In the case of payment by traditional transfer, the payment should be made to the following account: 51 1140 2004 0000 3002 4825 4552 (Bank M Bank S.A), Jadwiga Mieszkowicz running a business under the name EATFIT24.PL JADWIGA MAŁGORZATA MIESZKOWICZ entered into the Central Register and Information on Business by the minister competent for economy, place of registered office: ul. Stefana Żeromskiego 24H, 10-354 Olsztyn, NIP: 7392959958. In the title of the transfer, enter "Order No. ...".

  2. In the case of payment via an electronic payment system, the Customer makes the payment before starting the execution of the Order or Reservation. The electronic payment system allows you to make payments by credit card, deferred payment or quick transfer from selected Polish banks.

  3. The entity providing online payment services in the field of card payments is BlueMedia S.A. entered into the Register of Entrepreneurs by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number: 0000320590, registered office: ul. Powstańców Warszawy 6, 81-718 Sopot, NIP: 5851351185, REGON: 191781561.

  4. The Customer is obliged to pay the Price under the Sales Agreement within 10 minutes of placing the Order or Reservation, subject to point 1.3 and the situation where the Sales Agreement provides otherwise.

  5. Subject to point 1.3 of this paragraph, the Product will be sent only after it has been paid for.

  6. The goods will be released to the Customer or Proxy only after the payment has been made.

§ 7

COST, DATE AND METHODS OF DELIVERY OF THE ORDERED PRODUCT

  1. Product delivery costs (this point applies only to Products that are not alcoholic beverages), which are covered by the Customer, are determined during the Order placement process and depend on the choice of payment method and the method of delivery of the purchased Product.

  2. The Product delivery date consists of the time of completing the Product and the time of delivery of the Product by the carrier:

2.1. the time for completing the Products is up to 3 working days (except for Products ordered by the Customer, in the case of which the time for completing the products may be up to 14 working days) from the moment of:

a)      posting the funds paid under the Sales Agreement to the Seller's account or

b)      positive transaction authorization by the electronic payment system,

2.2. the delivery of Products constituting movable items by the carrier takes place within the period declared by him, i.e. up to 2 working days from the moment of sending the shipment (delivery takes place only on working days, excluding Saturdays, Sundays and holidays).

3.   Products purchased via the Website are sent via DPD, INpost, Goodspeed, UPS or delivered to the Customer by the Seller's own transport (in the case of Orders delivered in Olsztyn and the surrounding area or other places - after prior arrangement of such delivery with the Seller).

4.   Products purchased through the Website may also be collected by the Customer in person after prior email or telephone contact.

5.   If the value of the Order is PLN 500 or more, and the place of delivery is in Poland, the costs of delivering the Product to the Customer are covered by the Seller.

 

§ 8

DELIVERY OF THE GOODS

  1. The Seller undertakes to deliver the Goods without defects.

  2. The release of the Goods takes place only at the Stationary Point.

  3. The Customer is obliged to collect the reserved Goods at the Stationary Point in person or, if this is not possible, at the Customer's request, the Goods may be released to his Proxy at the Stationary Point.

  4. The delivery of the Goods to the Customer may only take place:

4.1. if the Customer is an adult and sober person at the time of handing over the Goods to him,

4.2. after verifying his age (by checking the Customer's identity card).

  1. In order to deliver the Goods to the Proxy, the Customer is obliged to grant him the appropriate power of attorney on the terms set out in separate regulations.

  2. If the Customer uses the Proxy, the Customer authorizes the Seller to hand over the Goods purchased by the Customer to the Proxy.

  3. If the Customer uses the Proxy, the Customer authorizes the Seller to transfer to the Proxy the amount of the Proxy's remuneration collected.

  4. If the Customer uses the Proxy, the Customer authorizes the Seller to provide the Proxy with all his personal data

§ 9

COMPLAINT

  1. Complaint for non-compliance of the Product with the contract.

1.1. The basis and scope of the Seller's liability towards the Customer who is a Consumer or an entity referred to in § 12 of the Regulations for non-compliance of the Product with the contract are specified in the Act on Consumer Rights of May 30, 2014,

1.2. the basis and scope of the Seller's liability towards the Customer who is an Entrepreneur under the warranty are specified in the Civil Code of April 23, 1964,

1.3. The Seller is liable to the Customer who is a Consumer or an entity referred to in § 12 of the Regulations for the lack of conformity of the Product or Goods with the contract existing at the time of delivery of the Product and disclosed within 2 years from that moment, unless the expiry date of the Product specified by the Seller or persons acting on his behalf is longer,

1.4. notification of the non-conformity of the Product or Goods with the contract and the relevant request can be made via email to the following address: reklamacja@delikatesynazdrowie.pl or in writing to the following address: ul. Żeromskiego 24H, 10-693 Olsztyn,

1.5. in the above message in written or electronic form, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and speed up the consideration of the complaint by the Seller,

1.6. for the assessment of irregularities and non-compliance of the Product or Goods with the contract, the Consumer or the entity referred to in § 12 of the Regulations are obliged to make the Product or Goods available to the Seller, and the Seller is obliged to collect it at his own expense,

1.7. The Seller will respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint,

1.8. in the case of a complaint from a Customer who is a Consumer or an entity referred to in § 12 of the Regulations - failure to consider the complaint within 14 days of its submission is tantamount to its consideration,

1.9. The Customer who is a Consumer or an entity referred to in § 12 may request the replacement or repair of the Product or Goods by the Seller in the first place. The Customer may demand a reduction in the Price and withdrawal from the contract only in the cases specified in the Act on Consumer Rights of 30 May 2014 (e.g. when the non-compliance of the Goods or Product with the contract is significant, when the Seller refused to deliver the Goods or Product compliance with the contract or when the lack of conformity of the Goods or Product with the contract continues, despite the fact that the seller has already tried to bring the Goods or Product into compliance with the contract),

1.10. in connection with a justified complaint of a Customer who is a Consumer or an entity referred to in § 12 of the Regulations, the Seller, respectively:

a)      covers the costs of repair or replacement and re-delivery of the Product or Goods to the Customer,

b)      reduces the Price of the Product or Goods (the reduced Price must remain in the proportion of the Price of the Goods or Product in accordance with the contract to the Goods or Product that is not in accordance with the contract) and returns to the Consumer or the entity referred to in § 12 the value of the reduced Price within 14 days of receiving the statement at the latest to reduce the Price from the Consumer or the entity referred to in § 12,

c)      in the event of withdrawal from the contract by the Consumer or the entity referred to in § 12 - the Seller returns the Price of the Product or Goods to him at the latest within 14 days from the date of receipt of the returned goods or proof of sending them back. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 12 is obliged to immediately return the goods to the Seller at the Seller's expense,

1.11. the response to the complaint is provided on paper or another durable medium, e.g. an e-mail or text message.

§ 10

RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. Subject to point 10 of this paragraph, the Customer who is also a Consumer or an entity referred to in § 12 of the Regulations who concluded a distance contract may withdraw from it without giving reasons by submitting a relevant statement within 14 days. To meet this deadline, it is enough to send a statement of withdrawal from the contract provided by the Seller.

  2. In the event of withdrawal from the contract, the Sales Contract is considered not concluded, and the Consumer or the entity referred to in § 12 of the Regulations are obliged to return the Product or Goods to the Seller or hand it over to the person authorized by the Seller to collect it immediately, but not later than 14 days from the day on which he withdrew from the contract, unless the Seller offered to collect the Product or Goods himself. To meet the deadline, it is enough to send back the Product or Goods before its expiry.

  3. In the event of withdrawal from the Sales Agreement, the Product or Goods should be returned to the following address: ul. Żeromskiego 24 H 10-354 Olsztyn.

  4. The Consumer or the entity referred to in § 12 of the Regulations are liable for the decrease in the value of the Product or Goods 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 or Goods, unless the Seller has not informed the Consumer or the entity, referred to in § 12 on the method and date of exercising the right to withdraw from the contract, and also did not provide him with a model withdrawal form. In order to determine the nature, characteristics and functioning of the Products or Goods, the Consumer or the entity referred to in § 12 of the Regulations should handle and check them only in the same way as they could do in a stationary store.

  5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product or Goods together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in § 12 of the Regulations have expressly agreed to another method of return that does not involve any costs for them. Subject to point 7 of this paragraph, the return will take place immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.

  6. If the Consumer or the entity referred to in § 12 of the Regulations have chosen a method of delivery of the Product or Goods other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to reimburse them for the additional costs incurred by them.

  7. If the Seller has not offered to collect the Product or Goods himself from the Consumer or the entity referred to in § 12 of the Regulations, he may withhold the reimbursement of payments received from the Consumer until the item is returned or delivered by the Consumer or the entity referred to in § 12 of the Regulations, proof of sending it back, depending on which event occurs first.

  8. The Consumer or the entity referred to in § 12 of the Regulations, withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bear only the costs of returning the Product or Goods to the Seller.

  9. The fourteen-day period in which the Consumer or the entity referred to in § 12 of the Regulations may withdraw from the contract is counted from the date:

9.1. for a contract under which the Seller issues the Product or Goods being obliged to transfer its ownership - from the date on which the Consumer or the entity referred to in § 12 of the Regulations (or a third party indicated by them other than the carrier) took possession of the Product or Goods ,

9.2. for a contract that covers many Products or Goods that are delivered separately, in batches or in parts - from taking possession of the last Product or Good, its lot or part,

9.3. for a contract consisting in the regular delivery of a Product or Goods for a definite period of time - from taking possession of the first of the Products or Goods,

9.4. for other contracts - from the date of conclusion of the contract.

  1. The right to withdraw from a distance contract is not entitled to the Consumer or the entity referred to in § 12 of the Regulations in the case of a Sales Agreement:

10.1. in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs,

10.2. in which the subject of the service is goods 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,

10.3. in which the subject of the service are goods which, due to their nature, are inseparably connected with other things after delivery,

10.4. for the provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur he would lose the right to withdraw from the contract and acknowledged it,

10.5. in which the subject of the service is goods that deteriorate quickly or have a short shelf life.

  1. The right to withdraw from the Sales Agreement is vested in both the Seller and the Customer in the event of failure by the other party to the contract to fulfill its obligation within a strictly specified period.

§ 11

PROVISIONS RELATING TO BUSINESSES (B2B)

  1. This paragraph contains provisions relating only to entrepreneurs not covered by the protection resulting from the Act on Consumer Rights, referred to in § 12 of the Regulations.

  2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

  3. The Seller has the right to limit the payment methods provided by the Seller to Customers who are not Consumers, including requiring prepayment of part or all of the sale price, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

  4. The benefits and burdens related to the Product or Goods and the risk of their accidental loss or damage are transferred to the Customer who is not a Consumer upon their release by the Seller to the carrier. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product or Goods arising from the moment of their acceptance for transport until their release to the Customer, as well as for delays in the transport of the shipment.

  5. If the Product or Goods are sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Product or Goods have been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.

  6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a notice of termination to the Service Recipient who is not a Consumer.

§ 12

PROVISIONS CONCERNING BUSINESSES ON CONSUMER RIGHTS

  1. An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Act on Consumer Rights, provided that the contract he concludes with the Seller is directly related to his business activity, but the content of this contract shows that it has no professional nature for him, resulting in particular from the subject of his business activity.

  2. A person conducting business activity referred to in point 1 of this paragraph is protected only in the scope of:

2.1. prohibited contractual provisions,

2.2. liability for non-compliance of the Product or Goods with the contract,

2.3. the right to withdraw from a distance contract,

2.4. rules for a contract for the supply of digital content or a digital service.

  1. The entrepreneur referred to in point 1 of this paragraph loses his rights under consumer protection if the Sales Agreement concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.

  2. Entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided for Consumers by regional consumer rights as well as the President of the Office of Competition and Consumer Protection.

 

§ 13

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of Electronic Services via the Website, such as:

1.1. The order form,

1.2. Account,

1.3. Feedback System,

1.4. Newsletter,

1.5. Contact form,

1.6. Availability Notification Form.

  1. The provision of Electronic Services to the Service Recipients via the Website takes place under the conditions set out in the Regulations.

  2. The Service Provider has the right to place advertising content on the Website. These contents are an integral part of it and the materials presented therein.

§ 14

CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. The provision of Electronic Services specified in § 13 point 1 of the Regulations by the Service Provider is free of charge.

  2. The period for which the contract is concluded:

2.1. the contract for the provision of Electronic Services consisting in making it possible to place an Order or make a Reservation via the Website is concluded for a definite period of time and terminates when the Order or Reservation is placed or ceases to be submitted by the Service Recipient,

2.2. the contract for the provision of Electronic Services consisting in maintaining an Account on the Website is concluded for an indefinite period. The conclusion of the contract takes place at the moment of sending the completed Registration Form by the Service Recipient,

2.3. the contract for the provision of Electronic Services consisting in the use of the Opinion System is concluded for a definite period of time and terminates when the opinion is posted or the Customer ceases to use the Service,

2.4. the contract for the provision of Electronic Services consisting in the use of the Newsletter is concluded for an indefinite period,

2.5. the contract for the provision of Electronic Services consisting in enabling the sending of messages to the Service Provider via the Contact Form is concluded for a definite period of time and terminates upon sending the message or ceasing to send it by the Service Recipient,

2.6. the contract for the provision of Electronic Services consisting in enabling the Customer to send an attempt to send information about the availability of the selected Product to the Service Provider via the Product Availability Notification Form is concluded for a definite period of time and terminates when the message is sent or the Customer ceases to send it.

  1. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:

3.1. a computer (or mobile device) with Internet access,

3.2. access to email,

3.3. Web browser,

3.4. enabling Cookies and Javascript in the web browser.

  1. The Service Recipient is obliged to use the Website in a manner consistent with the law and morality, taking into account respect for personal rights and intellectual property rights of third parties.

  2. The Service Recipient is obliged to enter data consistent with the facts.

  3. The service recipient is prohibited from providing illegal content.

 

§ 15

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services via the Website may be submitted by the Service Recipient via e-mail to the following address: reklamacja@delikatesynazdrowie.pl

  2. In the email above, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and accelerate the consideration of the complaint by the Service Provider.

  3. Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days from the date of notification.

  4. The Service Provider's response regarding the complaint is sent to the Customer's email address provided in the complaint or in another manner provided by the Service Provider.

§ 16

CONDITIONS FOR TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Termination of the contract for the provision of Electronic Services:

1.1. a contract for the provision of Electronic Services of a continuous and indefinite nature (keeping an Account, Newsletter) may be terminated,

1.2. The Customer may terminate the contract with immediate effect and without giving reasons by sending a relevant statement via email to the following address: reklamacja@delikatesynazdrowie.pl

1.3. The Service Provider may terminate a contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service Recipient violates the Regulations, in particular when he provides unlawful content after an ineffective prior request to cease violations with an appropriate deadline. In this case, the contract expires after 3 days from the date of submitting the declaration of will to terminate it (notice period),

1.4. termination leads to termination of the legal relationship with effect for the future.

  1. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.

 

§ 17

INTELLECTUAL PROPERTY

  1. All content posted on the website at delikatesynazdrowie.pl is protected by copyright and (subject to § 17 point 3 and elements posted by the Customers, used under license, transfer of copyright or fair use) are the property of Jadwiga Mieszkowicz, running a business under the company EATFIT24.PL JADWIGA MAŁGORZATA MIESZKOWICZ entered into the Central Register and Information on Economic Activity kept by the minister competent for economy, place of registered office: ul. Stefana Żeromskiego 24H, 10-354 Olsztyn, NIP: 7392959958, REGON: 280231159. The Service Recipient bears full responsibility for damage caused to the Service Provider, resulting from the use of any content of the delikatesynazdrowie.pl website, without the consent of the Service Provider.

  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements that make up the content and content of the delikatesynazdrowie.pl website constitutes a violation of the Service Provider's copyright and results in civil and criminal liability.

  3. All trade names, names of Products and Goods, company names and their logos used on the Website at delikatesynazdrowie.pl belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the Website at delikatesynazdrowie.pl are used for information purposes.

§ 18

WEBSITE REVIEWS

  1. The Customer of the Website has the option of voluntarily and free of charge to issue an opinion regarding purchases made on the Website. The subject of the opinion may also be an assessment, photo or review of the product purchased on the Website.

  2. After making purchases on the Website, the Seller provides the data necessary to create an email invitation to the company that supports the survey process. Sending surveys and the process of collecting opinions in forms is fully supported by TrustMate SA with its registered office at Bartoszowicka 3, 51-641 Wrocław. TrustMate SA sends a message to the Customer email with a request for an opinion and a link to the online form for issuing it - the online form allows you to answer the Seller's questions regarding purchases, evaluate them, add your own description of the opinion and a photo of the purchased product. If you do not leave a review after receiving the first invitation to leave a review, TrustMate may resend the invitation.

  3. An opinion can only be issued by a Customer who has made purchases via the Seller's Website.

  4. The opinions issued by the Customer are published by the Seller on the Website and the TrustMate.io business card.

  5. Issuing an opinion may not be used by the Customer for unlawful activities, in particular for activities constituting an act of unfair competition against the Seller, or actions infringing personal rights, intellectual property rights or other rights of the Seller or third parties.

  6. A review can only be issued for products actually purchased on the Seller's Website. It is forbidden to conclude fictitious/sham sales contracts for the purpose of issuing opinions. The author of the opinion may not be the Seller himself or his employees, regardless of the basis of employment.

  7. An opinion issued may be removed by its author at any moment.

§ 19

FINAL PROVISIONS

  1. Agreements concluded through the Website are concluded in accordance with Polish law.

  2. In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.

  3. Any disputes arising from the Sales Agreements between the Seller and Consumers will be settled in the first place through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this would not be possible or would be unsatisfactory for either party, disputes will be settled by a competent common court, in accordance with point 4 of this paragraph.

  4. Litigation of disputes:

4.1. any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer or an entity referred to in § 12 of the Regulations, shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964,

4.2. any disputes arising between the Service Provider and the Service Recipient (Client) who is not a Consumer, as referred to in § 11 of the Regulations, shall be submitted to the court competent for the seat of the Service Provider.

  1. The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting an application for mediation or an application for consideration of the case by an arbitration court after the complaint procedure is completed (the application can be downloaded from the website http://www.uokik.gov. pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the end of the complaint procedure is free of charge.

  2. In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consum