TERMS AND CONDITIONS OF THE STORE GÓRALSKIE PRALINY
§ 1 DEFINITIONS
§ 1. 1. The terms wherein mean:
a) Sales Office - means space intended for Customer service, located at: Zakopane, ul. Krupówki 28, 34 – 500 Zakopane.
b) Working Days - means days from Monday to Friday, except for bank holidays.
c) Delivery - means an actual delivery of the Goods specified by the order to the Customer by the Seller through the intermediary of the Deliverer.
d) Deliverer - means the courier company cooperating with the Seller in the area of Goods Delivery.
e) Civil Code - means the Civil Code of 23 April 1964 (Dz. U. of 2014, item 121, 827).
f) Customer - means a natural person in possession of full capacity of legal acts, and in cases described by commonly applicable regulations, as well as a natural person of limited capacity of legal acts, a legal person and an organisational unit with no legal entity, which the Act gives legal capacity to, purchasing products via the Online Store.
g) Consumer - means a natural person purchasing products via the Online Store www.gorlaskiepraliny.pl for a purpose not directly connected to their business or professional activity.
h) Customer Account - means an individual administrative panel of the User, accessible after completing Registration and logging into the Online Store www.gorlaskiepraliny.pl, marked with a login and a password, used to enter sale agreements.
i) Terms and Conditions of the Online Store - means the following Terms and Conditions of the Online Store.
j) Registration - means the one-time activity, consisting of creation of an account by a Customer through registration form available on the website of the Online Store.
k) Online Store - means the Website of the Store, available at www.goralskiepraliny.pl.
l) Seller - means Rest – Krak Gastrox Sp. z o.o. with its registered office in Żywiec, ul. Stefana Batorego 16, 34-300 Żywiec, entered into the register of entrepreneurs kept by the District Court for Bielsko-Biała, 8th Commercial Division of the National Court Register, under the National Court Register entry number: 0000583357, NIP: 5532519857, REGON: 362865395, which is simultaneously the owner of the Online Store.
m) Parties – means both Parties of the agreement, that is the Seller and the Customer.
n) Goods - means every product sold via the Online Store.
o) Sales Agreement - means a Sales Agreement of Goods, entered by a Seller and a Customer through the Online Store.
p) User - means any entity using the Online Store.
r) Order – means a statement of Customer's will for the purpose of entering a Goods Sales Agreement and determining its significant conditions.
§ 2 GENERAL PROVISIONS
1. The Customer can use the Online Store through devices connected to the Internet (e.g. computer, phone) using a web browser.
2. The sales agreement between the Seller and the Customer is entered in accordance with applicable law regulations.
3. The owner and the administrator of the Online Store available at www.goralskiepraliny.pl is Rest – Krak Gastrox Sp. z o.o. with its registered office in Żywiec, ul. Stefana Batorego 16, 34-300 Żywiec, entered into the register of entrepreneurs kept by the District Court for Bielsko-Biała, 8th Commercial Division of the National Court Register, under the National Court Register entry number: 0000583357, NIP: 5532519857, REGON: 362865395. Terms and Conditions of the Online Store defines the rules of using the Online Store www.goralskiepraliny.pl by the Users, the methods of placing and fulfilling orders, and the details of the complaint procedure.
4. The object of economic activity of the Online Store www.goralskiepraliny.pl are retail and wholesale sales of pralines in shape of highlands' Smoked Ewe Cheese, of chocolate bars in shape of Polish Tatra Mountains, as well as personalised sets of pralines and chocolates and other Goods via the Internet.
5. All products offered by the Online Store www.goralskiepraliny.pl are free from defects.
6. Materials and dyes used for manufacturing have all required approvals confirmed by appropriate authorities, including the State Sanitary Inspectorate.
7. Products sold via the Online Store www.goralskiepraliny.pl include information on their expiration period. It is recommended for the Customer to read the aforementioned information before consuming the products.
8. Due to specificity of chocolate products (susceptibility to high temperatures - above 24° C - and humidity over 70%), it is recommended to store the products at temperatures written on labels on the packaging (usually 112 – 16° C and humidity below 60%).
9. To all matters not settled in the Terms and Conditions of the Online Store, provisions of applicable legal acts of the Republic of Poland shall apply, particularly the Act of 23 April 1964 - the Civil Code (Dz. U. of 2014. item 121, 827), Act on Cosumers' Rights of 30 May 2014 (Dz.U. of 2017 item 683) and Act on the Protection of Personal Data of 29 August 1997 (consolidated text.: Dz. U of 2002 no. 101. item 926, as amended), and Act on the Protection of Personal Data of 29 August 1997 (consolidated text: Dz. U. of 2002 no. 101. item 926 as amended).
10. The Terms and Conditions of the Online Store are not meant to deny or limit the rights of any Customer, who is simultaneously a Consumer acc. to regulations of the Act of 23 April 1964 - the Civil Code (Dz. U. of 2014, item 121, 827), due to mandatory provisions of law. In the case of lack of compliance of the Terms and Conditions of the Online Store with the aforementioned provisions, these provisions take precedence.
11 In regards to agreements signed with Customers who are Consumers, whose place of residence is outside the Republic of Poland, in cases unregulated by the Terms and Conditions of the Online Store, solely appropriate legal provisions of the Republic of Poland will apply. However, applying the appropriate legal provisions of the Republic of Poland does not devoid the Consumer of protection, granted by legal regulations which cannot be amended by an agreement, under the provisions of the country in which the Consumer has the place of residence.
12. In regards to agreements signed with Customers who are entrepreneurs with registered office outside the Republic of Poland, in cases unregulated by the Terms and Conditions of the Online Store, solely appropriate legal provisions of the Republic of Poland will apply, particularly ones named in the section 10 above.
§ 3 RESGISTRATION IN THE ONLINE STORE
1. Registration in the online store is voluntary and free.
2. In order to create a Customer Account in the Online Store www.goralskiepraliny.pl, the User shall complete Registration by filling a registration form available on the Online Store Website with their actual data.
3. In order to successfully complete the Registration process, the User shall provide the following data:
4. post code,
7. phone number,
8. e-mail address,
4. An automatically generated message with an activation link will be sent to address e-mail provided by the User.
5. If the User data required in the Registration process change, the User is obliged to update them in order to make them actual.
§ 4 ORDER PLACEMENT PROCEDURE - ENTERING SALES AGREEMENT
1. The Customer can place orders in the Online Store 24 hours a day, 7 days w week, 365 days a year via its Website.
2. Announcements, advertisements, price lists, and other information on the Goods provided at the Online Store Website www.goralskiepraliny.pl, and particularly their parameters, descriptions, and prices, does not constitute an offer, but constitutes solely an invitation to submit a purchase offer, as defined in provisions of the Art. 71 of the Civil Code.
3. Placing an order is a purchase offer, made the Seller by the Customer, as defined by the Civil Code.
4. The Customer can place an order by filling in an interactive order form available on Website of the Seller and sending it to the Online Store. The form is filled in accordance with information visible during the filling.
5. Registration and setting up a Customer Account are not necessary to place an order in the Online Store www.goralskiepraliny.pl. A registered Customer can place an order via the Website or sending an e-mail to the Online Store. It is recommended to select this form of order placement in the case of special order.
6. For the purpose of order placement, a Customer should enter the Online Store Website, then add Goods they intend to purchase to the cart. Adding Goods to the Cart is not equivalent to order placement. Products can be added to or deleted from the cart.
7. The cart allows the Customer to manage purchased products and determine order price.
8. To finalise the order, the Customer needs to add selected products to the cart, then select the option of placing the order and follow the instructions on the Online Store Website. In order to complete the order placement procedure, select the option "Save order" after selecting the delivery method and the payment method.
9. Order placement constitutes a purchase offer, presented by the Customer to the Seller and regarding the Goods which are the subject of the order.
10. After correct order placement by the Customer, the Seller checks the availability of the ordered Goods in the Online Store and, in the case of positive verification, immediately sends order confirmation on Customer's e-mail address. The Agreement is considered signed the moment the Seller confirms the order.
11. After order confirmation or in the case of selecting bank transfer as a payment method, as soon as the payment is transferred into the Seller's bank account, the order is fulfilled, which in standard conditions takes from 2 to 5 Working Days. In the case of individual order, this period is extended to 6 - 14 Working Days. The Online Store tries as hard as possible to shorten this period to minimum.
12. If the Seller cannot perform the obligation due to the lack of ordered Goods in the Online Store or other causes, immediately, but during thirty days from entering the agreement at the latest, they will inform the Customer via e-mail or phone, and return the received payment in its entirety, if the payment had already been completed.
13. If the Seller cannot perform the obligation of characteristic ordered individually by the Customer due to a temporary inability to do so, the Seller can with agreement of the Customer perform a replacement obligation of the same quality, intended use and price, or in another way agreed upon by the Parties.
14. The ordered Goods will be delivered to the address named by the Customer.
§ 5 SPECIAL ORDERS
1. The Customer has an option of placing a special order, that is, an order for products and their packagings adjusted to the Customer's individual preferences, particularly when it comes to non-standard dimensions, graphics or texts, different from the ones available in the standard offer of the Online Store.
2. Special orders in the Online Store www.gorlaskiepraliny.pl are Goods and obligations of characteristics named by the Customer who is simultaneously a Consumer as defined in provisions of Art. 221 of the Civil Code, in the order placed by them or closely connected to them, as defined in provisions of Art. 38 pt. 3 of the Act on Consumers' Rights of 30 May 2014 (Dz.U. of 2017 item 683).3. When placing a special order, the Customer is obliged to provide their preferred dimensions, graphics or texts of the product or its packaging.
4. Confirmation of accepting the order by the Seller occurs after the Customer accepts the project (visualisation) of the product.
5. The price of products that fall into the "special order" category will be calculated on individual basis by the Online Store www.goralskiepraliny.pl and confirmed via e-mail sent to the Customer.
6. In order to facilitate special order fulfilment, the preferred payment method is bank transfer (advance payment).
7. Special orders, as obligations of characteristics selected by the Customer in their order or closely connected to their person, are not subject to returns.
§ 6 PRICE PAYMENT
1. Payments for the Goods purchased in the Online Store by the Customer are made using payment methods available in the Online Store and others, agreed upon with the Seller.
2. All prices visible next to the Goods on the Online Store Website www.goralskiepraliny.pl are given in PLN and are gross prices, consisting of Value Added Tax (VAT), the amount of which results from legal regulations.
3. Costs of delivery to the Customer are not included in the product price.
4. The Online Store offers the following payment methods to the Customers:
- advance payment to the bank account (transfer to the bank account of the Seller)
- payment with cash during a personal collection in the Sales Office
- an electronic transfer.
5. In the case of the Customer selecting advance payment on the Seller's account, the transfer should be made on the Seller's bank account:
30 1050 1445 1000 0024 1107 0499
Rest – Krak Gastrox sp. z o.o. sp. k.
ul. Stefana Batorego 16
NIP - 5532519857
The Customer is obliged to give order number in the transfer title.
6. The Customer purchases the Goods according to prices and Delivery Costs applicable at the moment of order placement. Delivery costs depend on the Deliver method selected by the Customer.
7. The Seller reserves the right to change prices and Delivery costs, particularly in the case of changes in price lists of services provided by entities realising the Deliveries. It does not apply to already fulfilled orders.
§ 7 GOODS DELIVERY
1. The Goods are delivered to the address provided by the Customer in the order via the Deliverer. In the case of cash payment during personal collection of the Goods, it is available at the Sales Office on Working Days between 8AM and 3PM.
2. The Goods are delivered within the Republic of Poland and to other countries.
3. The ordered Goods are packed and secured with special foil and band of the Seller. For the purpose of the highest quality of offered services, it is recommended that the Customer pays attention to the state of the packaging and the band, particularly whether it is a brand packaging and band of the Seller.
4. The Seller, in accordance with Customer's wishes, attaches receipt or VAT invoice for the delivered Goods to the package of Delivery.
5. It is recommended that a Customer who is simultaneously a Consumer as defined by Art. 221 of the Civil Code checked the state of the Goods after the package is delivered by the Deliverer. Examining the package will facilitate and quicken pursuing possible claims from Deliverer in the case of mechanical damaging of the package during its transport. In this situation it is recommended for the Customer to contact the Seller as soon as possible via phone: 502 525 083 or e-mail: email@example.com
6. A Customer, who is not a Consumer as defined by Art. 221 of the Civil Code, is obliged to check the state of the Goods after the Delivery and in the presence of Deliverer employee. In the case of determining mechanical damage of the package resulting from transport, the Customer has the right to demand preparing a protocol and immediate contact with the Seller via phone: 502 525 083 or e-mail: firstname.lastname@example.org
§ 8 AGREEMENT TERMINATION, GOODS RETURNS AND REFUNDS
1. A Customer who is simultaneously a Consumer and remotely entered a Sales Agreement can terminate it without disclosing the cause within 14 days from the day of obtaining the Goods by the Consumer or by a third party, with an exception of the courier, appointed by the Consumer, by submitting a written statement or via the agreement termination form. Sending the statement before the end of time limit is enough for it to be considered observed. The Customer, who is simultaneously a Consumer, is provided with the agreement termination form and instruction on agreement termination via e-mail consisting confirmation of accepting their order, which is mentioned in the § 4 point 10 of the Terms and Conditions.
The statement can be sent via e-mail at: email@example.com, or via post at:
Góralskie Praliny, Droga do Samków 10, 34-500 Zakopane.
2. In the case of effective Sales agreement termination, it is considered void, and the Customer free from any obligations. Whatever the Parties have furnished shall be returned unchanged, save when the change was necessary in the ordinary course of business. The Goods should be returned promptly, but no longer than within fourteen days since termination of the Sales agreement. Sending back the Goods before the end of time limit is enough for it to be considered observed. The Consumer bears the costs of product return, that is, of sending the Goods to the address of the Seller.
3. It is recommended the Customer attaches proof of purchase of the Goods. It will quicken and facilitate return procedure.
4. The returned Goods should be sent on address named in § 8, point 1.5. A Customer who is a Consumer does not have the right to terminate an agreement in regards to an agreement:
a) in which the object of agreement is a not a pre-fabricated product, but one manufactured according to Consumer's specifications or meeting their individualised wishes,
b) in which the object of agreement is a quickly spoiling product or a product with short expiration period,
c) in which the object of agreement is a product delivered in a sealed packaging, which cannot be returned due to health protection or hygienic concerns after being opened post-delivery.
6. The Seller provided the Customer with a refund within fourteen days in the case of:
- cancellation by the Customer of order or part of the order, which had already been paid for but not fulfilled (in this case, the appropriate part of the price is refunded)
- termination of the Sales agreement by the Customer who is simultaneously a Consumer in accordance with § 8 pt. 1 of the Terms and Conditions of the Online Store;
- providing discount or termination of the Sales agreement in the case of accepting a complaint in accordance with § 9 point 5 of the Terms and Conditions of the Online Store.
7. The Seller returns the payment to a bank account of the Customer after issuing a notice to the Customer for them to provide data required for a bank transfer.
8. The Seller does not bear responsibility for a lack of return or its delay, if despite sending the Customer a notice mentioned in § 8 point 7 of the Terms and Conditions of the Online Store to an e-mail address provided by the Customer, the Customer does not provide the Seller required data, or if the Customer's reply will be incomplete and makes an effective return impossible.
9. In the case of Customer providing incorrect data required for a bank transfer, the Seller does not assume responsibility for lack of return or its delay. In this case, the return will occur immediately after obtaining the aforementioned data from the Customer.
10. In the case of a Customer who is simultaneously a Consumer terminating the Sales Agreement, the Seller performs the return of the payment using the same method as the Consumer did, unless the Consumer explicitly consents to a different return method, named in § 8 point 7 of the Terms and Conditions.
11. The Seller has the right to withhold return of the payment until they receive the products or proof of it having been sent from the Customer who is simultaneously a Consumer, depending on which event occurs earlier.
12. The consumer bears the responsibility for devaluation of product resulting from using it in a way other than it was necessary to determine its character, features, and functioning.
§ 9 COMPLAINT PROCEDURE
1. In the case of agreements signed with Customers who are simultaneously Consumers as defined in provisions of Art. 221 the Civil Code, the Seller is responsible for non-compliance of the Goods with the agreement in the case of the Customer determining it within 2 years of day of the Delivery.
2. The Seller will answer the complaint regarding the Goods and filed by the Customer within fourteen days and will inform the Customer of further procedures.
3. Under the Proclamation of the Minister of Economy, Labour and Social Policy of 30 January 2003 on date of notifying the seller of determining nonconformity of food goods with the contract (Dz. U. of 2003, no. 31. item 258), the Customer should notify the Seller of determined nonconformity of Goods with the contract immediately, no later than:
- 3 days from opening the package in the case of packaged Goods, provided that the notice of Goods non-compliance with the agreement should be received no later than before the expiration date of the Goods;
- 3 days from day of purchasing the Goods or receiving them in the case of Goods sold in a bulk, measured at the place of purchase and delivered to the Customer's address.
4. For the purpose of filing a complaint regarding the Goods, the Customer is obliged to send or deliver to the Seller's address the Goods names in the complaint and attach toit, whenever possible, a proof of purchase. The Seller refunds documented delivery costs born by the Customer.
5. If the Goods have a defect, the Customer may demand a replacement with a defect-free product or removal of the defect. The Seller is obliged to replace the defective Goods for defect-free ones in a reasonable time without excessive inconvenience for the Customer. The Seller may refuse the demand of the Customer, if making the defective Goods complaint with the agreement is not possible in a way the Customer wishes for, or if it would require excessive costs in comparison to the other possible method.
6. If the Goods have a defect, the Customer can submit a statement about price reduction or agreement termination, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Goods with a defect-free product or removed the defect. This limitation is not applicable, if the Goods have already been replaced or repaired by the Seller or if the seller did not fulfil the obligation of replacing the Goods with defect-free ones or removing the defect. If the Customer is simultaneously a Consumer, they may demand replacement of the Goods for defect-free ones instead of accepting defect removal proposed by the Seller, or demand defect removal instead of Goods replacement, unless making things compliant with the agreement in the way selected by the Consumer is impossible or would require excessive costs in comparion to the method proposed by the Seller. 7. In the case of agreements signed with Customers who are not simultaneously Consumers as defined in provisions of Art. 221 of the Civil Code, as per Art. 558 § 1 of the Civil Code, the Seller does not bear any responsibility in case of pledge for commodity faults.
8. In the case of Goods covered by the warranty of their manufacturer, the Customer can file a complaint regarding a defective product:
- exercising rights resulting from the warranty,
- exercising rights of a Customer who is simultaneously a Consumer as defined by Art. 221 of the Civil Code in regards to non-compliance of Goods with the purchase agreement.
§ 10 WARRANTY
1. The Seller does not provide a warranty for the Goods purchased via the Online Store.
2. In the case of warranty given by product manufacturer or importer, warranty contents and conditions are specified in the warranty documentation.
1. The administrator of data obtained via the Online Store is the owner of the Online Store.
2. The Online Store operates in accordance with provisions of Act on the Protection of Personal Data of 29 August 1997 (Dz. U. of 2014, item 1182) and the Act of 18 July 2002 on Providing Services by Electronic Means (Dz.U. of 2013, item 1422.).
3. Personal data files provided to the Seller are declared by the Seller to the Inspector General for the Protection of Personal Data.
4. The Owner of the Online Store is obliged to protect the personal data provided by the Users from loss, destruction, disclosure, access of unauthorised parties or misuse.
5. The personal data administrator processes the date sole for the purpose of completing the agreements entered via the Online Store.
6. The Customer can consent to processing their personal data for marketing purposes during Order placement or setting up a Customer Account. Giving the aforementioned consent is not a necessary condition for placing an order or setting up a Customer Account.
7. The User provides their personal data needed for Registration voluntarily, with the stipulation that it providing the data named in the Terms and Conditions of the Online Store during the Registration process will render Registration and setting up a Customer Account impossible.
8. The User has a right to access and modify their data at any time, as well as demand their removal from the database, particularly in the case of deleting the Customer Account. In order to exercise this right, the User can contact the administrator of the Online Store via e-mail at: firstname.lastname@example.org or via post on address:
Góralskie Praliny, Droga do Samków 10, 34-500 Zakopane.
9. The Seller may refuse to remove the data if the Customer did not settle all the accounts with the Seller or violated applicable law regulations, and storing the personal data is necessary to make the circumstances clear and establish Customer's responsibility.
§ 12 COOKIES POLICY
2. The cookies are text files, saved by the web browser on the User's device, allowing to identify the User and recording their preferences on the basis of history of visited websites.
3. Cookies unable to maintain User's session without re-entering login and password on subpages.
4. Cookies mechanism does not damage the User's device and does not cause configurational changes of it or its software.
5. The online store at www.goralskiepraliny.pl uses the following cookies:
6. Each User may turn off the cookies in the web browser of their device, however, it may render using the Online Store Website hindered or impossible.
§ FINAL PROVISIONS AND CHANGES OF THE ONLINE STORE TERMS AND CONDITIONS
1. Terms and Conditions of the Store have been in effect since being published on the Website of the Online Store.
2. Changes of the Terms and Conditions of the Online Store may occur after informing the Users of the range of intended changes, no later than 14 days before their occurrence. Orders placed under the previous Terms and Conditions of the Online Store will be fulfilled on the basis of Terms and Conditions of the Online Store applicable in the day of Order placement. If the User does not consent to changes of the Online Store Terms and Conditions, they may remove their User Account.
3. Possible disputes between the Seller and a Customer, who is a Consumer according to the Article 221 of the Civil Code, will be settled by a common court in accordance with the regulations of the Code of Civil Procedure.
4. Possible disputes between the Seller and a Customer, who is not a Consumer according to the Article 221 of the Civil Code, will be settled by a common court in accordance with the regulations of the Code of Civil Procedure.
5. The Users can contact the Seller in the following ways:
- by phone: 502 525 083,
- by an e-mail address: email@example.com
- by mail, at address: Góralskie Praliny, Droga do Samków 10, 34-500 Zakopane.
6. Customers can access the Terms and Conditions of the Online Store at any time via link located at the main page of the Online Store www.goralskiepraliny.pl. Contents of the Terms and Conditions of the Online Store can be recorded, obtained and restored by printing it out or saving it on a data storage device, or downloading it at any time from the Online Store Website.
7. Name of the Online Store www.goralskiepraliny.pl and all materials placed there are subject to copyright and thus receive legal protection. Using and publishing them without consent of the Online Store Owner is forbidden.
8. Terms and Conditions of the Store have been in effect from 10 December 2014.
BANK ACCOUNT FOR TRANSFERS:
Bank account for transfers
30 1050 1445 1000 0024 1107 0499
Rest – Krak Gastrox sp. z o.o. sp. k.
ul. Stefana Batorego 16
NIP - 5532519857
ONLINE PAYU PAYMENTS:
The payment system is provided by PayU S.A. ul. Marcelińska 90 60-324 Poznań NIP 7792308495, REGON 300523444.
Online PayU Payments