I. PRELIMINARY PROVISIONS
- The Trufle Mozaiki online store, available at www.trufle.eu, is run by Jakub Wolak, who runs a business under the name Trufle Mozaiki, entered in the Central Register and Information on Business (CEIDG) run by the minister competent for economy, NIP 6342457697 REGON 243602593
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and sets out the rules for using the Online Store and the rules and procedure for concluding Sales Agreements with a Customer at a distance through the Store.
- Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
- Seller a natural person running a business under the name of Trufle Mozaiki Jakub Wolak entered in the Central Register and Information on Economic Activity (CEIDG) run by the minister competent for the economy, NIP 6342457697, REGON 243602593.
- Customer – any entity making purchases through the Store.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, whose separate law grants legal capacity, carrying out on their own behalf a business activity that uses the Store.
- Store – an online store run by the Seller at the Internet address www.trufle.eu
- Distance contract – a contract 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 the parties, with the sole use of one or more means of distance communication until the conclusion of the inclusive contract.
- Regulations – these Store regulations.
- Order – Customer’s declaration of intent made using the Order Form and directly aiming at concluding a Product Sales Agreement or Products with the Seller.
- Account – Customer account in the Store, it collects data provided by the Customer and information about Orders placed by him or her in the Store.
- Registration Form – form available in the Store, enabling the creation of an Account.
- Order Form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Cart – an element of the Store’s software, in which the Products selected for purchase by the Customer are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
- Product – a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
- Sales agreement – Product sales agreement concluded between the Customer and the Seller via the Online Store.
The Sale Agreement also means – applying to the features of the Product – a contract for the provision of services and a contract for specific work.
III. CONTACT WITH THE STORE
- Seller’s Address: ul. Zabrska 9, 40-569 Katowice, Poland
- Seller’s email address: firstname.lastname@example.org
- Seller’s phone number: +48 32 7390215
- Seller’s bank account number: 56 1910 1048 2509 5158 9566 0001 Santander Centrum Operacji Bankowych
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
- The Customer may communicate by phone with the Seller between 10.00 and 18.00 from Monday to Friday.
IV. TECHNICAL REQUIREMENTS
To use the Store, including viewing the Store’s assortment and placing orders for Products, the following are necessary:
- terminal device with access to the Internet and a web browser,
- active e-mail account (e-mail),
- cookies enabled service activated.
V. GENERAL INFORMATION
- The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
- Viewing 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 carried out without creating an Account.
- Prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
- The final (end) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), which the Customer is informed about on the Store’s pages when placing the Order, including expressing the will to be bound by a Sales Agreement.
- If the nature of the subject of the Agreement does not allow, judiciously judging, to calculate the amount of the final (end) price in advance, information on the manner in which the price will be calculated, as well as about charges for transport, delivery, postal services and other costs will be provided in the Store in the Product description.
VI. OPENING AN ACCOUNT
- To set up an Account in the Store, please complete the Registration Form. It is necessary to provide the following data: Name, surname, address, contact telephone number
- Creating an Account in the Store is free.
- Logging in to the Account is done by entering the login and password set in the Registration Form.
- The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in § III.
VII. ORDER SUBMISSION RULES
In order to submit orders it is necessary to:
- log into the Store (optional);
- select the Product that is the item of the Order, and then click “Add to Cart” (or equivalent);
- log in or use the option of placing an Order without registration;
- if the option of placing an Order without registration has been selected – complete the Order Form by entering the recipient’s details and the address to which the Product is to be delivered, and select the type of shipment (Product delivery method), enter the invoice data, if different from the recipient’s data,
- click the “order and pay” button / click “order and pay” and confirm the order by clicking on the link sent in the email,
- select one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § VIII point 3.
VIII. DELIVERY AND PAYMENT METHODS OFFERED
- The Customer may use the following methods of delivery or collection of the ordered Product:
- courier shipment,
- courier service with cash on delivery,
- personal collection available at: ul. Kościuszki 326, 40-608 Katowice
- The customer can use the following payment methods:
- cash on delivery,
- payment by bank transfer to the Seller’s account,
- payment via the PayU platform (electronic payments, payment by card).
3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
IX. EXECUTION OF SALES CONTRACT
- The conclusion of the 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 § VII of the Regulations
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing.
Confirmation of receipt of the Order and its acceptance for processing occurs by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided during the submission of the Order, which contains at least the Seller’s statement of receipt of the Order and its acceptance for processing and confirmation of the conclusion of the Sales Contract.
As soon as the Customer receives the above e-mail, a Sales Contract is concluded between the Customer and the Seller.
- If the Customer chooses payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 5 calendar days from the date of the Sale Contract – otherwise the order will be cancelled.
If the cash on delivery method is selected, the customer is obliged to make the payment upon delivery.
- If the Customer has chosen a delivery method other than personal pickup, 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.
- The delivery date is the longest given date when ordering Products with different delivery dates.
- The beginning of the period of delivery of the Product to the Customer is valid if the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account, while if the Customer chooses the method of payment on delivery – from the date of the Sales Contract.
- If the Customer chooses to pick up a Product personally, the Product will be ready for pickup by the Customer within the time specified in the Product description.
The Customer will be additionally informed by the Seller about the Product being ready for collection by sending an appropriate e-mail to the e-mail address provided by the Customer when placing the Order.
- When ordering Products with different deadline dates, the deadline date is the longest given date.
- The commencement of the period of the Product being ready for collection by the Customer counts if the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
- Product delivery is undertaken only in Poland.
- Delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise.
Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the “Delivery costs” tab and when placing the Order, including when the Customer wishes to be bound by the Sales Contract.
12. Personal collection of the Product by the Customer is free.
X. RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The consumer may withdraw from the Sales Contract within 14 days without giving any reason.
- The time limit specified in point 1 commences with the delivery of the Product to the Consumer or a person designated by him or her other than the carrier.
- In the case of a Contract that covers many Products that are delivered separately, in batches or in parts, the deadline indicated in paragraph 1 runs from the delivery of the last item, batch or part.
- In the case of a Contract which involves the regular delivery of Products for a limited period (subscription), the deadline indicated in point 1 runs from taking possession of the first item.
- The consumer may withdraw from the contract by submitting to the Seller a statement of withdrawal from the contract.
It is sufficient for the Consumer to send a statement before this deadline in order to meet the deadline for withdrawing from the Contract.
- The statement may be sent by traditional mail, fax or electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3.
The statement may also be submitted on the form, a template of which is attached as Annex 1 to these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
- If the Consumer sends a statement electronically, the Seller will immediately send the Consumer the confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
- Effects of withdrawal from the Contract:
- in the event of withdrawal from a distance Contract, the Contract is considered null and void in the event of withdrawal from the Contract,
- in the event of withdrawal from a Contract,the Seller shall immediately return to the Consumer all payments made by him, including the costs of delivery no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Contract, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Seller.
- Seller shall return the payment using the same payment methods that were used by the Consumer in the initial transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him or her.
- The seller may withhold reimbursement until receipt of the Product back or until proof of its return is provided to him or her, whichever occurs first.
- The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Contract.
The deadline will be met if the Consumer sends the Product back within 14 days.
- The consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by ordinary mail.
- The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
- If the product cannot be returned by regular mail due to its nature, information about this, as well as the cost of returning the Product, will be in the description of the Product in the Store.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Contract:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his or her individual needs,
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the beginning of the service that after the performance of the service by the Seller he or she will lose the right of withdrawal from the Contract,
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Contract,
- in which the subject of the service are things that after delivery, due to their nature, remain inseparably combined with other things,
- for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after being informed by the Seller about the loss of the right to withdraw from the Contract.
XI. COMPLAINTS AND WARRANTY
- The Sales Contract covers new products.
- The seller is obliged to provide the customer with a product free from defects.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code in the event of a defect in the goods purchased from the Seller.
If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
- Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations.
- It is recommended that the complaint include brief description of the defect, circumstances (including date) of its occurrence, details of the Customer submitting the complaint, and the Customer’s request in relation to the defect of the goods.
- The seller will respond to the complaint immediately, and no later than within 14 days, and if he or she does not do so within this period, it is considered that the client’s request was considered as justified.
- Goods returned as part of the complaint procedure should be sent to the address agreed with the Seller.
XII. EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS
- Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress, as well as the rules of access to these procedures are available at the registered offices and on the websites of municipal consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
- The consumer has the following examples of possibilities of using out-of-court complaint consideration and redress methods:
- The consumer is entitled to apply to a permanent amicable consumer court referred to in article 37 of the Act of 15 December 2000
on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve the dispute arising from the Contract concluded with the Seller,
- The consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art.36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller,
- The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the municipal consumer ombudsman or social organization, whose statutory tasks include consumer protection (among others the Federation of Consumers, Association of Polish Consumers).
XIII. PERSONAL DATA IN THE TRUFLE MOZAIKI ONLINE STORE
- The Seller is the administrator of personal data of Customers collected through the Online Store.
- Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Contract, and also for marketing purposes if the Customer agrees.
- Recipients of personal data of Online Store customers can be:
- in the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing the shipment at the request of the Administrator,
- in the case of a Customer who uses the Online Store with an electronic payment method or payment card, the Administrator provides the Customer’s collected personal data to the selected entity operating the above payments in the Online Store.
- The customer has the right to access his or her data and adjust them.
- Providing personal data is voluntary, however failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this contract.
XIV. FINAL PROVISIONS
- Contracts concluded through the Online Store are concluded in Polish.
- The Seller reserves the right to amend the Regulations for important reasons, i.e. changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
The Seller will inform the Customer about each change at least 7 days in advance.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
- The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/