§ 1. General provisions
- These terms and conditions, hereinafter referred to as “Regulations”, define the rules of using the online Store located at the URL https://lachocoteka.pl, hereinafter referred to as “the Store”.
- The Store is run by the Akademickie Inkubatory Przedsiębiorczości Foundation with headquarters: 00-672 Warsaw, ul. Piękna 68, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Commercial Department of National Court Register, under KRS number 0000199402, NIP 524-24-95-143 having, as part the Start-Up LaChocoteka represented and run by Mounir El Haddouchi Tahiri in the AIP Program, hereinafter referred to as “Administrator”.
- Store address and contact details: internet address – www.lachocoteka.pl, e-mail – [email protected], telephone number +48 795 404 021, correspondence address – ul. Portowa 31/25, 78-100 Kołobrzeg.
- Before starting to make use of the Store, every person should read its Regulations.
- Making purchases in the Store requires the Customer to have an active and functional e-mail account.
§ 2. Definitions
The terms used in the Regulations mean respectively:
- Store – an online Store operating at www.lachocoteka.pl, selling products online.
- Customer – each entity making a purchase in the Online Store in accordance with the Regulations, including the Consumer and the Entrepreneur.
- User – any entity using the Internet that enters the Store’s website.
- Customer Account – a field containing data on transactions carried out and an instrument used to execute orders placed by the Customer.
- Newsletter – a service provided by the Online Store to Users who have agreed to receive the Newsletter, consisting of sending such Users any information about the operation of the Online Store, after the User voluntarily provides their e-mail address, name, and surname.
- Consumer – a natural person performing a legal transaction with an Entrepreneur not related directly to his business or professional activity.
- Entrepreneur – a natural person, legal person, or entity without legal personality, performing a legal transaction on its own behalf as part of business or professional activity.
- Working days – days of the week from Monday to Friday, except public holidays.
- Regulations – this document specifying the terms and conditions of using the Online Store and purchasing products therein.
- Registration – voluntary provision of data by the Store’s Customer consisting in completing the form available on the pages of this Store.
§ 3. Types and scope of the Store’s activity
- The Store conducts distance sales of the assortment in the field of groceries via the Internet.
- The offered items are new.
- On the Store’s website https://lachocoteka.pl, you will find photos, descriptions, content, and terms of the warranty granted for a given Product (if the Product is covered by the warranty), and in the case of selected Products, also the composition of the Product. The photos of the Products are for their presentation.
- Posted Store information about the products offered for sale, such as description, composition, nutritional information, weight, expiration date, etc, comes from producers. The Store makes every effort to ensure that they are correct and up-to-date. Before using the products, the Customer is obliged to read the information on the product packaging.
- The Store informs on the website about the expiry dates of the products currently available in the Store. The expiry dates of the products actually delivered may differ from those displayed on the website due to the rotation of products in the warehouse.
§ 4. Technical requirements
- For the proper and uninterrupted use of the Store, the station/terminal device, the Customer should meet the following minimum technical requirements:
- active internet connection;
- enabled acceptance of cookies and Java scripts;
- active e-mail address.
- The Store is not obliged to provide the above devices and/or software.
- The installation of the software referred to in paragraphs 1 and 2 is subject to a separate license agreement between the Customer and the licensor.
- The website of the Store is adjusted to the screen resolution of 1366×768, but the website adapts to other resolutions.
§ 5. Rules for making purchases
- The Store, before confirming the purchase, provides the Customer with the following information:
- an accurate description of the product and its features;
- the total price of the ordered products including taxes, as well as a fee for transport, delivery, or postal services and summarizing the total amount of the order with the selected delivery option;
- regarding the method and payment date
- regarding the method and time of execution by the Entrepreneur.
- The purchase of the Product does not require registration in the Store.
- Placing an order is done using the form, after pressing the button – “Place Order” in the summary of the shopping cart, in which the Customer provides the following data:
- Name and surname / company name (optional)
- Email address
- Telephone number
- Address details for shipping
- The Customer places an order after reading the information specified in the Store Regulations and the information indicated in paragraph 2, which will be displayed in electronic form in the last stage of completing the electronic form preceding the expression of the will to be bound by the contract by clicking the “Place Order” button. After reading the collected information specified for a given Customer order, the Customer expresses the will to be bound by the contract by pressing the ” Place Order” button
- All prices listed on the Store’s website are in Polish zlotys and include VAT. The price displayed in the basket summary before placing the order includes shipping costs in accordance with the option selected by the Customer.
- The Store undertakes the obligation to deliver items free from defects.
- The order is considered accepted for execution after the Store confirms the acceptance of the order placed by the Customer.
- Confirmation of the order is sent an automatic email after placing an order by the Customer.
- The Store may suspend the acceptance of the order in the event of doubts as to the truthfulness or reliability of the data provided by the Customer and the data in the registration form. In this case, the Store will immediately contact the Customer in order to clarify the doubts in question.
- If a part of the products covered by the order is unavailable, the Customer is immediately informed about it. The Customer decides whether the order is to be partially or completely cancelled.
- The Customer and the Store are bound by the Product price in force at the time the order is placed.
- The following payment methods are offered in the Store:
- Dotpay electronic payment system.
- The payment deadline is as follows: payments are made immediately; in exceptional cases, the system will wait 24 hours if the payment has not been made.
- The contract is considered concluded when the payment is made by the Customer, and after receiving confirmation of the order being accepted.
- The ordered goods are shipped within 1 business day:
- from entering the amount due for the product in the case of selecting payment in advance.
- Shipments are sent via courier DPD, GLS, or InPost courier. Shipping costs are specified in the Shipping tab. The cost of foreign shipments is determined individually with the Customer – depending on the destination place of delivery.
- In the case of ordering several items of goods, the goods are usually packed collectively into one shipment, unless:
- it is necessary to send separate packages in order to protect the goods against external factors;
- or when selecting the delivery method, the Customer will indicate a different packaging method and select separate delivery options for each product.
- The Customer will be notified by e-mail when the goods are shipped. When choosing a courier parcel, the Customer will receive a parcel number by e-mail. The parcel can be located at the following address: http://lachocoteka.pl/order-tracking/
- The maximum delivery date according to the Consumer Rights Act is 30 days. If the deadline indicated in the preceding sentence is exceeded, the Consumer has the right to appoint an additional time for the Seller. If the goods are still not delivered, the Customer may withdraw from the contract.
- If the goods are to be sent by the Store to the Customer who is a Consumer, the risk of accidental loss or damage to the item (goods) passes to the Customer upon its delivery to the Customer. The delivery of the item (goods) is considered to be entrusted by the Store to the carrier, if the Store had no influence on the choice of the carrier by the buyer.
- Along with the product, the Store sends an information form (instruction on withdrawal from the contract) and a form on withdrawal from the contract – the forms constitute Annexes 1 and 2 to these Regulations.
- A receipt confirming the purchase is sent with the Product. At the Customer’s request, a VAT invoice is issued. The Customer is obliged to provide full data necessary for the correct issuance of a VAT invoice:
- Name and surname/company
- Address of residence/seat
- NIP number (for companies), PESEL number (physical persons)
- Order number
- Correspondence address
- Each registering and/or ordering Customer agrees to receive information related to the course of the transaction, notifications about changes in these Regulations to the e-mail address provided by him.
- Other information on the operation of the Website, as well as commercial information about new products or services of the Website, about promotions of the Website and the Administrator’s partners promoting products, will only be sent to those Customers who have consented to it.
§ 6. Complaints
- In terms of complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and the Act of May 30, 2014 on Consumer rights (Journal of Laws of 2014, item 827 of June 24, 2014).
- The Store is liable to the Customer and under the warranty if the item sold (goods) has a physical or legal defect. A physical defect consists in the non-compliance of the sold item (goods) with the contract. In particular, the sold item (goods) is inconsistent with the contract if:
- does not have properties that this kind of product should have due to the purpose specified in the contract or resulting from circumstances or destination;
- does not have properties that the Store has provided to the Customer, including by presenting a sample or pattern;
- it is not suitable for the purpose of which the Customer informed the Store at the conclusion of the contract, and the Store did not raise any objections to such purpose;
- it was delivered to the Client incomplete.
- Complaints regarding the ordered goods may be submitted by e-mail to the following address: [email protected], address: ul. Portowa 31/25, 78-100 Kołobrzeg. To facilitate the submission of complaints, a model complaint form has been provided at the URL https://lachocoteka.pl/formularz-reklamacyjny. The use of this form is optional.
- When submitting a complaint, please provide the following data: Customer’s name and surname, address, data allowing for the identification of the sale (e.g. login, order number, transaction date), subject, and reason for the complaint, contact details.
- By specifying the method of fulfilling the Store’s obligations in the scope of the submitted complaint regarding the occurrence of physical or legal defects of the item, the Customer who is a Consumer has the right to submit a declaration of a price reduction or withdrawal from the contract unless the Store immediately and without undue inconvenience for the Customer replaces the defective item for a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the seller (Store) or the Store has not satisfied the obligation to replace the item with a non-defective one or remove the defect.
- If the Customer is a Consumer, he may, instead of the removal of the defect proposed by the Store, demand that the item be replaced with one that is free from defects, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in a manner chosen by the Customer or would require excessive costs compared to the manner proposed by the Store. When assessing the excess of costs, the value of the defect-free item, the type, and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
- The reduced price should be proportional to the price resulting from the contract in which the value of the defective item is to the value of the item without a defect.
- The Customer may not withdraw from the contract if the defect is irrelevant.
- A complaint reported by the Customer and will be considered within 14 days from the moment of notification. Failure to make a declaration within this period shall be deemed recognition of the claims submitted by the Customer.
- The Customer will be notified of the settlement of the complaint in the same way as the complaint was sent unless the Customer reserves a different form of contact. The settlement of the complaint will be additionally sent by e-mail to the e-mail address provided by the Customer.
- In the event of a positive settlement of the complaint, the Store sends to the Customer a product free from defects or with a defect removed within a reasonable time. If the repair or replacement of a given product with a new one is not possible for the reasons indicated in sec. 5 and 6, the Store, in accordance with the alternative request submitted by the Customer – will reduce the price or return the equivalent of the product price, plus shipping costs.
- The right to the warranty is excluded for Customers purchasing as Entrepreneurs.
§ 7. Withdrawal from the contract
- According to the Act of May 30, 2014. on Consumer rights (Journal of Laws of 2014, item 827). The Customer who is a Consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of delivery of the item, i.e. from the moment the Customer came into possession of the item, or which a third party other than the carrier indicated by the Customer came into possession of the goods. To comply with the fourteen-day period referred to in paragraph 1, it is sufficient to send the notice of withdrawal before its expiry. The declaration may be submitted individually or use the model form. The Store allows the possibility of submitting a declaration of withdrawal from the contract by e-mail to the address [email protected]. After receiving the declaration by e-mail, the Store will immediately send the Customer who is a Consumer, on a durable medium, confirmation of receipt of the declaration of withdrawal from the contract. The use of the form is optional.
- According to Art. 38 of the Act on Consumer rights, the right to withdraw from a distance contract, in accordance with the Act, is not entitled to the Consumer in the following cases:
- for the provision of services, if the Entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market over which the Entrepreneur has no control and which may occur before the deadline to withdraw from 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 individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
- 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;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Entrepreneur has no control;
- in which the Consumer has expressly demanded that the Entrepreneur come to him for urgent repairs or maintenance; if the Entrepreneur provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the contract with regard to additional services or items;
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
- concluded through a public auction;
- for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
- for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the Entrepreneur about the loss of the right to withdraw from the contract.
- In the event of withdrawal from the contract, the Customer is obliged to return the goods to the following address: LEAR Sp. Z oo – ul. Targowa 4, 52-326 Wrocław, or hand it over to a person authorized by the Store to pick it up immediately, but no later than 14 days from the date on which the contract is rescinded, unless the Store offered to pick up the item itself. The returned goods should be packed in a way that prevents their damage during transport.
- If the Customer uses the right referred to in paragraph 1, direct costs of returning the goods are covered by the Customer.
- In the event of withdrawal from this contract, the Customer shall be reimbursed all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered as part of the delivery of goods available in the Store ), immediately, and in any case not later than 14 days from the date on which the Store was informed about the Customer’s decision and the exercise of the right to withdraw from the contract with the Store.
- The reimbursement of the payment is made by the Store using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
- The Store may withhold the reimbursement until receipt of the returned Goods (items) or until proof of sending back the goods in connection with the withdrawal, depending on which event occurs first.
- If the Customer who is a Consumer chose a delivery of goods (goods) other than the cheapest regular delivery offered by the trader (the original relates to a method of delivery to the Customer a) the trader is not obliged to reimburse the Customer those incurred by him additional costs.
- The Consumer is liable for a decrease in the value of the item as a result of using it in a different way than necessary to establish the nature, characteristics and functioning of the item.
§ 8. Final provisions and description of the possibility of using out-of-court complaint and redress procedures
- The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer under the mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.
- In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Act of May 30, 2014 on Consumer rights (Journal of Laws of 2014, item 827 of June 24, 2014) and the Act of 23 April 1964 – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
- Information on the possibility for the Customer who is a Consumer to use out-of-court methods of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of municipal Consumer ombudsmen, social organizations, whose statutory tasks include protection Consumers, Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
The Customer who is a Consumer has, among others the following options for using out-of-court complaint and redress procedures:
- Permanent Consumer arbitration court operating at the Trade Inspection – the possibility of requesting the resolution of a dispute arising from the concluded Sales Agreement;
- provincial inspector of the Trade Inspection, the possibility of requesting the initiation of mediation proceedings in an amicable matter until the end of the dispute between the Customer and the Store ;
- counties (municipal) Consumer ombudsman or organization and social and to which statutory tasks include Consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free Consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address: [email protected]
- Online Disputes Resolution (ODR) platform available at: http://ec.europa.eu/Consumers/odr/
Attachments to the Regulations
1. INFORMATION ON THE RIGHT TO WITHDRAW FROM THE AGREEMENT – NOTICE TO WITHDRAW FROM THE AGREEMENT
THE RIGHT TO WITHDRAW FROM THE CONTRACT
- You have the right to withdraw from this contract within 14 days without giving any reason.
- The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;
- To exercise the right to withdraw from the contract, you must inform the person responsible for performing the withdrawal procedure: Mounir El Haddouchi Tahiri, [email protected], operating as part of the StartUp of the Academic Entrepreneurship Incubator of your decision to withdraw from this contract by way of an unequivocal statement. (Please note that the declaration may be sent, for example, by post, fax, or e-mail).
- You may use the attached model withdrawal form, but it is not obligatory. You can also complete and send the withdrawal form or any other unequivocal statement by e-mail to our e-mail [email protected] If you use this option, we will send you a confirmation of receipt of the information on withdrawal from the contract on a durable medium (e.g. e-mail).
- To meet the deadline to withdraw from the contract, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
- Consequences of withdrawal from the contract
In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will reimburse the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees related to this return.
We may withhold the reimbursement until we receive the item or until proof of its return is provided to us, depending on which event occurs first.
Please return the item to us no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. The amount of these costs is estimated at the maximum amount of approx. PLN 16.
You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.
2. WITHDRAWAL FROM THE CONTRACT
Please be advised that this form should be completed and returned only if you wish to withdraw from the contract. The use of the form is optional. This form is only available in Polish.