I. GENERAL PROVISIONS
1. Online Store available at the website address www.pieceofhay.pl is run by Piece of Hay - Katarzyna Ozdowska, Sobików 21m, 05-530 Góra Kalwaria, NIP 5252422878, REGON 146946209 e-mail address: pieceofhay@
2. The Regulations are addressed to all users of the Online Store, including consumers and entrepreneurs, unless the provisions of the Regulations specify in detail their addressee.
3. The Regulations do not exclude or limit any consumer rights under applicable regulations, including: Consumer Rights Act. In the event of any inconsistency between the provisions of these Regulations and the provisions of law, the provisions of applicable law shall prevail.
4. Access to the Regulations can be obtained by any user of the Store at any time.
5. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, within the scope and based on the grounds and principles indicated in the Privacy Policy published on the Online Store website. Using the Online Store, making purchases there and providing personal data is voluntary.
6. Definitions:
a. Working day – one day from Monday to Friday, excluding public holidays,
b. Registration form – form available in the Online Store enabling the creation of an Account,
c. The order form – Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment,
d. Klient – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller,
e. Civil Code – Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended),
f. Account – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system in which data provided by the Service Recipient and information about the Orders placed by him in the Online Store are collected,
g. Cart – Electronic Service, an element of the Store's software in which the Products selected by the Customer for purchase are visible, and in which it is possible to determine and modify the Order data, in particular the quantity of products.
h. Newsletter – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables the Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, articles, new products and promotions in the Online Store,
i. Product – a movable item offered in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller,
j. Statute - these regulations of the Online Store,
k. Online shop - the Service Provider's online store available at the following address: www.pieceofhay.
l. Seller, Service Provider – Piece of Hay – Katarzyna Ozdowska, Sobików 21m, 05-530 Góra Kalwaria, NIP 5252422878, REGON 146946209
m. Sales Agreement, Distance Agreement - Product sales contract concluded between the Customer and the Seller via the Online Store, without the simultaneous physical presence of the parties,
n. Electronic service – service provided electronically by the Service Provider to the Service User via the Online Store,
o. Service recipient – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – using or intending to use the Electronic Service,
p. Act on Consumer Rights, Act – Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended),
q. Registration – a one-time activity consisting in creating an Account by the Customer, performed using the Registration Form provided by the Seller on the Store's website,
r. Order - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
II. ELECTRONIC SERVICES IN THE ONLINE STORE
1. The condition for Registration in the Online Store is acceptance of the Online Store Regulations. Registration in the Online Store is free and voluntary.
2. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
a. Account - using the Account is possible after completing two subsequent steps by the Service User - (1) Registration by completing the Registration Form, (2) clicking the "Save" field. In the Registration Form, the Service User must provide the following data: name and surname and/or company name, e-mail address and password. It is also possible to provide a Tax Identification Number (NIP). The Electronic Account Service is provided free of charge for an indefinite period of time. The Service User may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: pieceofhay@gmail.com or in writing: Sobików 21m, 05-530 Góra Kalwaria
b. Order Form - the use of the Order Form begins when the Customer adds the first Product to the Cart in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps - (1) after completing the Order Form (including: selection of Products, providing name and surname and/or company name, delivery and invoice address, NIP number for entrepreneurs, e-mail address and optionally telephone number, selection of delivery method and payment method), (2) clicking on the Online Store website, after completing the Order Form, the "Order with payment obligation" field. The Electronic Service, Order Form, is provided free of charge and is of a one-time nature and ends when the Order is placed via it or when the Service Recipient withdraws from placing the Order via it.
c. Newsletter - the Newsletter is used after providing the e-mail address in the "Newsletter" field visible on the Online Store website, to which subsequent editions of the Newsletter will be sent and clicking the "Subscribe" field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - when the Account is created, the Service Recipient is subscribed to the Newsletter. The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to address: pieceofhay@gmail.com or in writing: Sobików 21m, 05-530 Góra Kalwaria
3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for personal rights, copyrights and intellectual property of the Service Provider and other persons.
thirds.
4. The service recipient is obliged to enter data consistent with the actual situation.
5. The Service Recipient is prohibited from providing illegal content.
6. The Service User may submit comments related to the provision of Electronic Services and the operation of the Online Store via e-mail to the following address: pieceofhay@gmail.com or in writing: Sobików 21m, 05-530 Góra Kalwaria
III. CONDITIONS OF CONCLUDING A SALES AGREEMENT AND PRICE
1. To effectively place an Order in the Store, you need a device that allows you to browse websites, as well as a keyboard or other device that allows you to correctly complete the Registration Form and/or Order Form, access to e-mail, cookies enabled, and acceptance of the Online Store Regulations.
2. After sending the Order Form (i.e. placing the order), the Seller immediately confirms its receipt, which binds the Customer with the Order and at the same time, the Seller accepts the Order for execution.
3. The Sales Agreement between the Customer and the Seller is concluded upon payment by the Customer.
4. Prices on the Online Store website given in Polish zloty are gross prices, including VAT.
5. Product prices do not include possible delivery and payment costs, which are indicated when placing the Order.
6. The Product price visible on the Online Store website is binding at the time the Customer places the Order. This price will not change regardless of price changes in the Online Store, which may appear in relation to individual Products after the Customer places an Order.
7. The Seller reserves the right to change the price of goods, introduce and withdraw goods, grant discounts on individual goods and conduct and cancel promotions in the Store. However, this does not limit in any way the rights acquired by Buyers; i.e. the changes do not apply to orders that have been placed, unless the parties to the transaction make other individual arrangements.
8. The Customer is informed about the total price of the Product or Products that are the subject of the Order and about delivery costs on the Online Store website when placing the Order and when the Customer expresses his will to be bound by the Sales Agreement.
IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
a. Cash payment upon personal collection of the Order,
b. Payment by traditional transfer to the Seller's bank account,
c. Electronic payments and payment by payment card - current possible payment methods are specified on the Online Store website in the information tab regarding payment methods.
2. Electronic and card payments are handled by: Przelewy24
3. Payment terms:
a. If the Customer chooses to pay by transfer, electronic payments or payment by payment card, the Customer
is obliged to make the payment within 5 calendar days from the date of placing the Order.
b. If the Customer chooses to pay in cash upon personal pickup, the Customer is obliged to make the payment upon receipt of the Order.
c. An entity providing online payment services in the field of card payments
is Blue Media SA
Available payment methods: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro
V. COST, METHOD AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
1. Delivery of the Product is available within the territory of the Republic of Poland.
2. Delivery outside the territory of the Republic of Poland is possible upon individual arrangements.
3. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise.
4. Product delivery costs are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing an Order.
5. The Seller provides the Customer with the following methods of delivery or collection of the Order:
a. Courier delivery,
b. inPost courier,
6. The delivery time of the Product to the Customer is up to 21 Business Days, unless a shorter time is specified in the description of a given Product or when placing the Order.
7. Delivery times may be extended during sales or special campaigns.
8. In the case of Products with different delivery dates, the delivery date
is the longest given deadline, which, however, cannot exceed 21 Business Days.
9. The beginning of the delivery period of the Product to the Customer is counted as follows:
a. if the Customer chooses the payment method by transfer, electronic payment or payment card. The order processing time is counted from the moment of obtaining a positive result
payment authorization
b. if the Customer chooses personal collection of the Order, it will be ready for collection by the Customer within 21 Business Days, unless a shorter deadline is specified in the description of a given Product or when placing the Order. The Customer will be additionally informed by the Seller about the readiness of the Order for collection.
VI. RECEIPTS AND INVOICES
An electronic VAT invoice will be sent to each purchase.
A customer wishing to receive a VAT invoice must select this option during the purchase, completing the appropriate form fields with the details of the company/person to whom the invoice is to be issued. A personal invoice without a Tax Identification Number will be issued for a private person not running a business.
VII. PRODUCT COMPLAINT
1. The basis and scope of the Seller's liability under the warranty towards the Customer are specified in generally applicable provisions of law, in particular in the Civil Code.
2. The Seller is obliged to provide the Customer with a Product without defects.
3. The Seller is released from liability under the warranty if the Customer knew about the defect at the time of concluding the contract.
4. A complaint may be submitted by the Customer via e-mail to the following address: pieceofhay@gmail.com or in writing: Nadwiślańska 23, 03-349 Warsaw
5. It is recommended that the Customer provide: description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request how to bring the Product into compliance with the Agreement
Sales or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. Requirements given in the sentence
the previous ones are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6. The Seller will respond to the Customer's complaint immediately, no later than within 30 calendar days from the date of its submission.
7. The complaint process.
The seller will consider the complaint in the category of repair or replacement of the product. If the repair fails, only then will the customer be able to demand either a reduction in the price of the defective product or a refund.
7. The Customer who exercises warranty rights is obliged to deliver the defective Product at the Seller's expense to the following address: Nadwiślańska 23, 03-349 Warsaw In the case of a Customer who is a Consumer, the cost of delivering the Product is borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer.
VIII. RIGHT TO WITHDRAW FROM THE CONTRACT
1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, with the exception of the costs specified in Chapter VIII point. 8 and 9 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted: on the Customer Account in the Online Store, via e-mail to the following address: pieceofhay@gmail.com or in writing: Piece of Hay – Katarzyna Ozdowska, Nadwiślańska, 03-349 Warszawa
2. Sample pattern withdrawal form is included in Annex No. 2 to the Consumer Rights Act.
3. The period for withdrawal from the contract begins:
a. for a contract under which the Seller releases the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from the Consumer or a third party indicated by him, other than the carrier, taking possession of the Product, and in the case of a contract which: ( 1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves regular delivery of Products for a specified period of time - from taking possession of the first Product,
b. for other contracts - from the date of conclusion of the contract.
4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
5. The Seller is obliged to immediately, no later than within 30 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (with the exception of additional costs resulting from the method of delivery chosen by the Customer). other than the cheapest regular delivery method available in the Online Store). The seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the Consumer until he receives the Product back and checks its condition.
6. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before the deadline of 14 days. The consumer may return the Product to the following address: Piece of Hay Sobików 21m, 05-530 Góra Kalwaria
7. The Consumer is responsible for reducing the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8. In the event of returning a damaged Product, including a dirty one, the Seller will submit a declaration of offsetting the claim for compensation for reduced value of the item against the consumer's claim for reimbursement of costs incurred in connection with the concluded contract.
In the case of a dirty product, the cleaning fee is PLN 50 each time.
9. Possible costs related to the Consumer's withdrawal from the contract, which the consumer is obliged to bear - the consumer bears the direct costs of returning the Product,
10. Pursuant to the Act of May 30, 2014 on consumer rights, Art. 38a, the right to withdraw from a distance contract may be exercised by: a natural person not conducting business activity or a person running a sole proprietorship, entered into CEIDG. This provision does not apply to companies that are not subject to consumer law.
IX. PROVISIONS APPLICABLE TO ENTREPRENEURS
1. This chapter of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not Consumers.
2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer/Service Recipient who is not a Consumer within 14 calendar 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/Service Recipient who is not a consumer against the Seller.
3. In the case of Customers/Service Recipients who are not Consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
4. When the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer/Service Recipient who is not a consumer.
In such a case, the Seller is not responsible for the loss, loss or damage of the Product occurring from its acceptance for transport until its delivery to the Customer and for any delay in the transport of the shipment.
5. If the Product is sent to the Customer via a carrier, the Customer/Service Recipient who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that the Product was lost or damaged during transport, he is obliged to perform all actions necessary to establish the carrier's liability.
6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer/Service Recipient who is not a consumer is excluded.
7. In the case of Customers/Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending an appropriate statement to the Customer/Service Recipient.
8. The Seller's liability towards the Customer/Service Recipient who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, not however, more than up to the amount of one thousand zlotys. The Seller is liable to the Customer/Service Recipient who is not a Consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits to the Customer/Service Recipient who is not a Consumer.
9. Any disputes arising between the Seller and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
X. OPINIONS IN THE ONLINE STORE,
- The Online Store customer has the opportunity to voluntarily and free of charge submit an opinion regarding purchases made in the Online Store. The subject of an opinion may also be an assessment or review of a product purchased in the Online Store
- After making purchases in the Online Store, the Seller sends an email to the Customer asking for an opinion and a link to the online form enabling its issuing - the online form allows you to answer the Seller's questions about purchases, evaluate them, add your own description of the opinion and a photo of the purchased product . If no opinion is issued after receiving the first invitation to issue the opinion, the Seller will resend the invitation.
- An opinion can only be issued by a Customer who made a purchase in the Seller's Online Store.,
- The opinions issued by the Customer are published by the Seller in the Online Store.
- Issuing an opinion cannot be used by the Customer for illegal activities, in particular for activities constituting an act of unfair competition towards the Seller, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties.,
- Opinions can only be issued for products actually purchased in the Seller's Online Store. It is prohibited to conclude fictitious/sham sales contracts for the purpose of issuing opinions. The author of the opinion cannot be the Seller himself or his employees, regardless of the basis of employment.,
- The issued opinion may be removed by its author at any time.
XI. FINAL PROVISIONS
1. Agreements concluded via the Online Store are concluded in Polish.
2. Changes to the Regulations:
a. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
b. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended regulations are binding on the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code, i.e. the Service Recipient was properly notified about the changes and did not terminate the contract within 14 calendar days from the date of notification. If a change to the Regulations results in the introduction of any new fees or an increase in current ones, the Service Recipient who is a Consumer has the right to withdraw from the contract.
c. In the event of concluding, on the basis of these Regulations, contracts of a different nature than continuous contracts (e.g. Sales Agreement), changes to the Regulations will not in any way violate the rights acquired by Service Recipients/Customers who are Consumers before the date of entry into force of the amendments to the Regulations, in particular changes The Regulations will not affect already placed or submitted Orders or concluded, implemented or completed Sales Agreements.
d. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
