TERMS AND CONDITIONS OF THE AVICELLA.PL ONLINE STORE


 

§ 1

Preliminary provisions

 

1.    The Avicella online store, available at the Internet address www.avicella.pl, is run by Kalina Chojnacka under the company name Avicella Kalina Chojnacka entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 5262877675 REGON 381,486,450.

2.    These Regulations are addressed to Consumers and specify the rules and procedure for concluding a Distance Selling Agreement with the Consumer via the Store.

   

§ 2

Definitions


  

1. Seller - a natural person running a business under the company name Avicella Kalina Chojnacka entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 5262877675 REGON 381486450.

2. Client - any entity making purchases through the Store.

3. Shop - online store run by the Seller at the internet address www.avicella.pl

4. Contract concluded at a distance - an agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of parties, with the sole use of one or more means of distance communication up to the conclusion of the contract, inclusive.

5. Regulations - these Regulations of the Store.

6. Order - Customer's declaration of intent submitted via the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.

7. Account - customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.

8. Registration form - a form available in the Store, enabling the creation of an Account.

9. Order form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.

10. Shopping Cart - an element of the Store's software in which the Products selected for purchase are displayed by the Customer, and it is also possible to set and modify the Order data, in particular the quantity of products.

11. Product - a movable item available in the Store / a service being the subject of the Sales Agreement between the Customer and the Seller.

12. Sales Agreement - Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. 



 

§ 3

Contact with the store

1. Address of the Seller: ul. Tadeusza Joteyki 13/4, 02-317, Warsaw, Poland

2. Seller's e-mail address: kontakt@avicella.pl

3. Telephone number of the Seller: +48 668296009

4. Seller's bank account number  PL46109010140000000144837274

5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

6. The Customer may communicate by phone with the Seller between 9 am and 3 pm working days.

 

§ 4

Technical requirements

To use the Store, including viewing the Store's assortment and placing orders for Products, you will need:

a. terminal device with access to the Internet and an internet browser such as Internet Explorer, Google Chrome, Mozilla FireFox, Opera, Safari.


b. an active e-mail account (e-mail),


c. enabled cookies.

§ 5

General information


1. The Seller, in the widest extent permitted by law, is not liable for any disruptions to this interruption in the functioning of the Store caused by force majeure, unauthorized activity of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.

2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.

3. Prices given in the Store are given in Polish zlotys and are gross prices (including VAT).

4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store's pages when placing orders, including the moment you express your will to be bound by the Sales Agreement.

5. When the nature of the object of the Contract does not allow, judiciously judging, for advance calculation of the final (final) price, information on how the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be given in the Store in the description of the Product.

§ 6

Creating an Account in the Store

1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following details: name and surname; address (city, zip code, street, house / flat number, country); e-mail address; contact phone number and account password (in the form of an encrypted field). In the case of Customers who are not consumers at the same time, it is also necessary to provide the company name and tax identification number (required data is marked with a *).


2. Creating an Account in the Store is free.

3. Logging in to the Account is done by entering the login and password set in the Registration Form.


4. The Customer may, at any time, without giving any reason and without incurring any fees, remove the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

 

§ 7

Ordering/conclusion of contract

To place an order:

1. log in to the Store (optional);

2. select the Product that is the subject of the Order and then click the "Add to basket" button (or equivalent);

3. log in or use the option of placing an Order without registration;

4. if the option to place an Order without registration has been chosen - fill in the Order Form by entering the details of the Order recipient and the address to which the Product delivery is to be made, choose the type of shipment (method of delivery of the Product), enter the invoice data if different from the recipient's details,

5. click the "Order and pay" button / click the "Order and pay" button and confirm the order by clicking the link sent in the e-mail,

6. choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.

 

§ 8

Offered delivery methods and payments

 

1. The Customer may use the following methods of delivery or collection of the ordered Product:

a. Courier shipment.

2. The customer can use the following payment methods:

a. Payment by transfer to the Seller's account

b. Electronic payments

c. Payment by credit card.

3. Szczegółowe informacje na temat metod dostawy oraz akceptowalnych metod płatności znajdują się za stronach Sklepu.


 

§ 9

Sales agreement

1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.


2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller the e-mail address provided at the time of placing the Order e-mail address, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

3. The Customer is obliged to make the payment within 5 calendar days from the day of concluding the Sale Agreement - otherwise the order will be canceled.

4. The product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.


5.  A) In case of ordering Products with different delivery times, the delivery date is the longest given date.

     B) In the case of ordering Products with different delivery times, the Customer has the option to request delivery of Products in parts or to deliver all Products after completing the entire order.

6. The beginning of the delivery of the Product to the Customer starts on the day from booking the payment on the Seller’s bank account 

7. In case of ordering Products with different dates of readiness for collection, the date of readiness for receipt is the longest given date.

8.Product delivery is worldwide..

9. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the Online Store pages in the "Delivery costs" tab and during the Order placement, including when the Customer wishes to be bound by the Sales Agreement.

 

§ 10

Renunciation of contract

1.  A consumer who has concluded a Contract, may renounce it without giving any reason by submitting an appropriate declaration within 14 days from receiving an order, with the reservation that items and services that are statutorily not subject to renunciation may not be returned.

2. The deadline specified in paragraph 1 begins with delivery of the Product to the Consumer or to the person indicated by him other than the supplier.

3. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, lot or part.

4. A consumer who has concluded a Contract, may renounce it without giving any reason by submitting an appropriate declaration within 14 days from receiving an order, with the reservation that items and services that are statutorily not subject to renunciation may not be returned.

5. The statement may be sent by traditional mail or by e-mail by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, which is a specimen Annex No. 1 to these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, however, this is not mandatory.


6. In the case of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer the confirmation of receipt of the statement on withdrawal from the Agreement provided by the Consumer.

7. If the Customer renounces the Contract, it shall be deemed not concluded.

     

8. The Customer is obliged to return to the Seller the items covered by the Contract which the declaration concerns immediately, at the latest within 14 days from renunciation.

9. The Seller shall return to the Customer all received payments, including – but with the stipulation outlined in subpar. 8 – the cost of delivery of the items to the Customer immediately but within no more than 14 days from the day of receipt of the renunciation declaration, with the stipulation that the return of the payment may be suspended until the Seller receives the items or the Customer provides proof that the items have been sent back, depending on which event takes place sooner.

10. The reimbursement shall be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution that will not entail any costs for him.

11. The Seller may withhold the reimbursement of the payment until receiving the Product back or until it has been provided with proof of its return, depending on which event occurs first.

12.  The Consumer bears direct costs of returning the Product, including the costs of returning the Product, if due to its nature, the Product could not be sent back by regular mail.

 13.  The Consumer shall be liable for reducing the value of the items, if the reduction results from using them in a manner beyond one necessary to determine their nature, features and functionality. Damage of the package due to packing it without due diligence by the Customer may also cause reduction in value.

14. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:


a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,

b. in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,


c. in which the object of the service is an item subject to rapid deterioration or having a short shelf-life,

d. for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who has been informed before the provision begins that after fulfilling the provision by the Seller, he will lose the right to withdraw from the Agreement,

§ 11

Complaint and warranty

 

1. The Sales Agreement applies to new Products

2. In the event of a defect of goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding the warranty in the Civil Code.


3. Complaints should be reported in writing or by e-mail to the addresses of the Seller provided in these Regulations.


4. In the complaint, it is recommended to include concise description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request in connection with the defect of the good.


5. The Seller will respond to the claim immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer's request was considered justified.


6. The Seller will respond to the claim immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the claim within 14 days, it is considered that the Client's request was considered justified.


7. Goods sent back as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations.

8. If a guarantee has been granted for the Product, information about it as well as its content will be included in the description of the Product in the Store.


 

§ 12

Privacy policy

1.  The Seller is the data controller of Customers’ personal data.

2. The Seller is the data controller of Customers’ personal data.

      Processing of personal data shall be in accordance with the laws currently in force.

      Sharing personal data is voluntary and its processing shall be for the purpose of:

a.    fulfilment of Contracts,

b.   Seller’s marketing activities.

3. Recipients of personal data of Customers of the Online Store may be:

a. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer's personal data collected to a selected carrier or intermediary performing the shipment at the request of the Administrator.


b. In the case of a Customer who uses the Online Store from the method of electronic payments or by a payment card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.


4. The customer has the right to access their data and correct them.

5. Podanie danych osobowych jest dobrowolne, jednak jęsli client brak podania wskazanych w Regulaminie danych osobowych niezbędnych do zawarcia Umowy Sprzedaży skutkuje brakiem możliwości zawarcia tejże umowy.

 

§ 14

Final provisions

      These Terms of Service are a part of the contract and their content may be saved in print, on a data carrier, or by downloading it from      the Store’s website.

      The Seller reserves the right to modify these Terms of Service as well as improve Customers’ privacy and prevent wrongdoing. The Seller shall inform the Customers about the modifications by sending a link to the modified content of the Terms of Service. The new version of the Terms of Service is binding to registered Customers, if they do not, within seven days, declare that they do not accept the modifications. Upon receiving such declaration the Seller shall delete the Customer’s account and inform them about it. Orders placed before the modifications coming into force are fulfilled under previous Terms of Service.

      These Terms of Service have been drawn up on the basis of the Polish law. For matters unregulated by these Terms of Service, Polish law, including the Civil Code, act on consumer rights or other acts applicable to the functioning and activity of the Online store in Poland shall apply.

      As regards to contracts concluded between the Seller and Customers who are not consumers, the Seller is liable only if he causes damage by his own fault and within the limits of the loss actually suffered by such Customer.

      Any disputes concerning services provided by the Online store shall be handled by common courts and the law applicable shall be Polish law. A Customer who is a Consumer may choose an out-of-court method of handling complaints and redressing claims. The rules of these proceedings are available at the offices of consumer ombudsmen and on the websites of district (municipal) consumer   ombudsmen; social organisations, which statutory tasks cover consumer protection; Voivoidship Inspectorates of the Trade Inspection   and on the following websites of the Office of Competition and Consumer Protection:

      a.     http://www.uokik.gov.pl/spory_konsumenckie.php,

      b.      http://www.uokik.gov.pl/sprawy_indywidualne.php,

      c.      http://www.uokik.gov.pl/wazne_adresy.php.

     There is also a possibility of using an online dispute resolution platform to resolve disputes between consumers and EU traders, (ODR         platform) which is available at: http://ec.europa.eu/consumers/odr.

      The provisions of these Terms of Service do not preclude the Customers from relying on unconditionally applicable legal consumer protection regulations, including those that are in force in the country where the Consumer resides and that are preferable to Polish regulations.