1.1 These Regulations XXLGASTRO, located at www.xxlgastro.pl, defines the rules for procurement, sales and implementation of shipping products by XXLGASTRO, hereinafter referred to as "Shop". 1.2 The owner of the store is XXLGastro a limited liability company (XXLgastro Sp. Z oo) with its registered office in 00-658 Warszawa, ul. Lviv 6 lok. 2, entered into the National Court Register kept by the District Court in Warsaw, HRB Court Register, under KRS number 523288, having a NIP number 7010439385 and REGON number 147425814. XXLgastro The company has a registered capital of 5000 zł.Bezpośredni contact the Store is possible via e-mail at firstname.lastname@example.org or phone number: (22) 247 85 85. 1.3 The information on the Store's website does not constitute an offer within the meaning of art. 66 of the Civil Code, but only constitute an invitation to conclude an agreement, in accordance with Article. 71 of the Civil Code. 1.4 For a Buyer product to be understood entity purchasing products from the store on the basis of the contract of sale over the Internet. 1.5 For the consumer should understand the Purchaser who is a natural person and is purchasing the product for purposes not directly related to any business or profession. 1.6 Regulations is part of the sales contract concluded by the Purchaser with the Store. 1.7 These Regulations published on the website www.xxlgastro.pl 1.8 A prerequisite for the use of the store by the Purchaser access to the computer with a web browser with access to the Internet. 1.9 These Terms and Conditions shall prevail over any other terms and conditions submitted by the Parties. The parties have expressly waive any conditions ever in any form prioritized, propose or reserved the writing, via e-mail or verbally.
§ 2. Products
2.1 The prices of products in the store are expressed in Polish zloty and are net prices (excluding VAT). Document the sale of goods is a VAT invoice. 2.2 Number of promotional products is limited, and order fulfillment is carried out by, first served basis while stocks last products to be promoted. Shop immediately inform buyers about the end of the promotion unchecking the product symbol of the promotion. 2.3 Seller reserves the right to change the prices of goods in our offer, introducing new products to offer, and cancel promotional / outlet or make changes. Price changes do not apply, however, customers who already purchased the product by changing prices. Each order is checked by us. In the case of non-compliance findings skonatktujemy with you to ustalnia if the contract is to be continue to be implemented. 2.4 The store strives to descriptions and prices of products that are in the online store were updated on a regular basis.
§ 3 Orders
3.1 Orders for products can be made via the Internet at the address email@example.com 3.2 Orders for products can be placed 24 hours a day, 365 days a year via a form in the shop, which must confirm an order. 3.3 Orders placed on weekdays after 12.00 or on a Saturday, Sunday or public holidays from work, will be considered in the working day following these days. 3.4 The condition of the shop to the execution of the order is the correct filling, along with a contact number or email address, under which it will be possible to confirm the order. 3.5 Incorrectly filled order will be canceled, which store, if available contact information will inform the Purchaser. 3.6 Contracts which can not be verified within 7 days from the time of their consideration will not be realized. 3.7 We reserve the right to verify and possibly refuse orders of very reasonable doubts Store, as well as the right to check the credibility and financial capacity of buyers is not a Consumer. 3.8 Upon confirmation of the order comes to the sale agreement between the Shop and the Purchaser. 3.9 Confirmation of the order is done via e-mail 3.10 The given deadline is counted in days. 3.11 The delivery time is the time that elapses from order confirmation until the shipment of the product. 3.12 wszytskie confirmed orders "COD" are transferred to wysysłki are within 24 hours. All pzoostałe orders are executed within 24 hours of receipt of funds on account XXLgastro. The customer is poinformawny that the products have been przekkazane courier. 3.13 Shop in relation to buyers who are not consumers, in specific cases, reserves the right to extend the deadline for implementation, which will immediately inform the shop Nabywcę.Dotyczy to products which are not available in stores or are made to customer order.
4.1 Payment terms for private companies:
a) Upon receipt: The customer can pay for the shipment in cash into the hands of the courier upon receipt. Cash on delivery is possible to the amount of 6000 zł gross. In the case of the difference resulting from the amount of the invoice, the buyer shall transfer to the account of the shortfall prior to shipment of goods. b) Transfer: Customer is required to transfer - payment 100% of the order before shipment of the goods. Upon receipt of the funds Shop will proceed to implement the goods ordered by the customer.
4.2. In the case of state institutions:
a) transfer 14-21 days from date of invoice b) There can give so. deferred payment, after prior agreement between the Purchaser and the Store.
4.3 The time of payment of the full amount of the product is owned store. 4.4 If the customer will be asked to provide details of the payment card must be fully entitled to use that card or account. Card or account must have sufficient funds to cover the expected payments. 4.5 The client declares that accepts that the accounts would receive only in electronic form.
§5 Shipping products
5.1 There will deliver product to the place of delivery specified in the Purchase Order by the Customer. Document the sale of goods is a VAT invoice. Purchaser authorizes goods store to issue VAT invoices without its signature. 5.2 If the estimated delivery date change, the customer will be inform about the new planned delivery date. In relation to persons other than consumers to the extent permitted by applicable law we are not responsible for any losses, claims, costs, damages, charges or expenses resulting from the delay in delivery. 5.3 Shop sends the products purchased and proof of purchase in the form of a receipt or invoice VAT will send a form e-mail to the customer. In the case of expression by the Buyer will receive an invoice, it will be sent via email to the Buyer's e-mail address in the form of an electronic image of a document saved in PDF format. By acceptance of these Regulations and the expression in the syntax of the order will receive an invoice, the Purchaser agrees entitling Shop for issuing and sending invoices in electronic form in accordance with the Regulation of the Minister of Finance of 20 December 2012. On the transmission of invoices in electronic form, the rules their storage and sharing mode to the tax authority or tax inspection authority (Dz. from 2012., pos. 1528). 5.4 The cost of transport for orders with a total weight less than 30 kg and the delivery date is given on the public information, as well as in the so-called. shopping cart when the order summary. Shipping costs for supplies in the days and do not include service on Saturdays, Sundays or public holidays, as well as the service provided hours reception. Transport costs borne by the Purchaser, unless the Purchaser Shop and determine other terms of delivery of the product. 5.5 Transport costs for contracts with a total weight of over 30 kg are included in zakłdce "Delivery and Cost" at our store. 5.6. Contribution and installation of the goods is the responsibility of the Purchaser.
5.7 The time of delivery of the Product Customer will be asked to sign an acknowledgment of receipt. After signing the acknowledgment of receipt, at the time of delivery customer should check if there are no obvious faults, defects or damage. We recommend keeping the receipt of the product in case of later contacts with the Store regarding the delivery of the Product. In case of damage, please immediately contact your Store.
§ 6 The right to cancel the contract
6.1 You have the right to withdraw from this contract within 14 days without giving any reason. 6.2 The term of withdrawal shall expire after 14 days from the date on which you acquire possession of things or a third party other than the carrier and indicated by you came into the possession of things. 6.3 To exercise the right of withdrawal, you must inform us (XXLgastro Sp. Z oo) of its decision to withdraw from this contract by an unequivocal statement (eg a letter sent by mail, fax or e-mail). You can use the model withdrawal form, but it is not mandatory.
A model withdrawal form:
- Recipient: XXLgastro Sp. z oo, ul. Lviv 6 lok. 2 00-658 Warszawa - I / We (*) hereby give notice / announce (*) on my / our withdrawal from the contract of sale of the following things (*) contract for the supply of the following items (*) contract for work consisting in performing the following things (*) / provision of the following services (*) - Date of the agreement (*) / received (*) - Name of consumer (s) - Address of consumer (s) - Signature of consumer (s) (only if this form is notified on paper) - Date
6.4 To keep the deadline for withdrawal, it is enough to send you information on exercising the right of withdrawal from the contract before the deadline for withdrawal. 6.5 In the case of a recall, in order to improve the process to return the product, please contact the customer to the store number (22) 247 85 85. 6.6 Since the acquisition of the products are required for the storage and proper handling.
Effects of withdrawal
6.7 In case of withdrawal from this contract shall reimburse to you all payments received from you, including the costs of delivery of the goods, immediately and in any event no later than 14 days from the day on which we are informed about your decision to exercise the right to withdraw from this contract. Reimbursement of payments will be done using the same payment method that you used for the initial transaction, unless expressly agreed otherwise; in any case you will not incur any fees in connection with the return. We may withhold reimbursement until receipt of things, or to have supplied evidence of her return, depending on which event occurs first. 6.8 Please send or give us the benefit immediately, and in any event not later than 14 days from the day on which you communicate to withdraw from this agreement. The deadline is met if you send back the item before the deadline of 14 days. 6.9 You will have to bear the direct cost of returning the items. 6.10 You are responsible only for a reduction in the value of things resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of things. 6.11 In the event of an unjustified refusal to receive the ordered goods by the Buyer is not a consumer, the buyer agrees to:
a) the costs incurred by the Seller in connection with the shipment of goods from the warehouse Seller at the address indicated by the Purchaser and back, b) pay the Seller's fee in the amount of 15% of the gross selling price of the returned goods. This fee covers the costs incurred by the store associated with order fulfillment and shipping.
6.12 The right of withdrawal by the consumer is switched off in case of:
a) Service Agreement, if the entrepreneur made a full service with the express consent of the consumer, who has been informed before the provision that under the provision of the entrepreneur will lose the right to withdraw from the contract; b) agreements, in which the object is to provide for the non-prefabricated, manufactured according to the specifications of the consumer or his maid meet individual needs; c) of the Agreement, the subject of which is to provide for the rapid decay dispersible or having a short shelf life; d) agreements, in which the subject of the provision is the thing delivered in a sealed container, which after opening the package can not return due to health protection or hygiene reasons, if it were unsealed after delivery; e) of the Agreement, the subject of which benefits are things that after delivery, due to their nature, are inextricably linked with other things; f) of the Agreement, the subject of which benefits are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
§ 7 Guarantees and complaints
7.1 All products in the store are brand new, free from physical and legal defects, and also have all required approvals and have a warranty of the manufacturer, unless what otherwise in the product description. 7.2 We strive to deliver Products in excellent condition. However, if you notify us that the product is defective, you agree to store the product in its current state until you provide it to us (or our Agent) for inspection at the appropriate time. 7.3 The warranty period lasts at least 12 months from the date of delivery to the Buyer The warranty period runs from the date on which the product was released to the Buyer. 7.4. Conditional on the completion by the Buyer rights under this warranty is to provide to XXL Gastro
a) a valid proof of purchase b) a defective Product
7.5. Buyer delivering product to XXL Gastro must provide packaging Product. Any kind of negative effects of failure or faulty performance of the obligation, referred to above and in particular the destruction of or damage to the Product borne by the Buyer. The product delivered to the Service must comply with basic hygienic conditions. The product weighing over 15 kg is delivered to the Service at the expense of the Guarantor, and in other cases at the expense of the Buyer 7.6. Failures detected during the warranty period will be removed by the Seller within 14 working days from the date of delivery of the Product to the address indicated by the store on the terms specified in the warranty. If the repair requires a reduction of spare parts, repair period may be changed, the Client will be informed. 7.7. For warranty repair is considered only repair the defective Product made in the period referred to in clause 2 and the conditions set forth in this guarantee. In particular, they do not constitute a warranty maintenance, periodic inspection, adjustment, check the operation and cleaning of the Product. 7.8. Buyer has the right to exchange the Product with a new one if it XXL Gastro determines in writing that the removal of defects is impossible. There will replace the Product at the time agreed with the Buyer, not later than 14 days from the date of receipt of the defective Product. When replacing the Product with a new deducted the equivalent of missing or damaged by the purchaser of components and the cost of their replacement. If the repair requires a reduction of spare parts, repair period may be changed by the time specified by the XXL Gastro. 7.9. If you replace the Product with a new one, in accordance with point 8 is impossible, the Purchaser is entitled to a refund of the amount disclosed in the proof of purchase. 7.10. The warranty covers only defects resulting from causes inherent in the sold Product. 7.11. Warranty does not cover products of mechanical, thermal, chemical, and electrical arising not the fault of the store, and in particular
a) arising during transport and handling b) caused by improper use or storage of the Product c) arising from the application of the Product not in accordance with the instructions, specifications and safety regulations d) due to making repairs, alterations, modifications or fine-tuning or other action by third parties e) arising due to normal wear and tear parts (eg. sealing surface of polyethylene boards, knives sharpened parts, etc.).
7.12. Any defective products or parts that are listed are owned by XXL Gastro 7.13 The cost of delivery and return your product to the store charges the Buyer a non-Consumer. Shop will not accept shipments sent COD. 7.14 The above provisions in no way exclude, or limit the liability of the shop to the consumer for non-compliance of the product with the contract. 7.15 Store liable to the consumer with regard to non-compliance of the product with the contract on the terms specified in the Act on special conditions of consumer sales and amending the Civil Code. In the case of non-compliance of the product with the contract The consumer has the right to demand to bring it into compliance with the agreement by free repair or replacement with a new one, unless the repair or replacement are impossible or require incurring excessive costs Shop. In a situation where the store will be able to satisfy such a request in a timely manner or if the repair or replacement would expose the consumer to significant inconvenience, the consumer has the right to claim the appropriate reduction in price or withdraw from the contract. 7.16 There shall not be liable for damages resulting from improper installation and use of the purchased goods. 7.17 Any claims related to damage to goods in transit, please report the day of delivery. 7.18 To allow you access to all means of legal protection in case of receiving a defective Product, we may need your assistance and immediate transmission of certain information on the Product, including: a) specify, taking into account the relevant details, as the product is according to your damaged or defective; and b) the number of document delivery and any other reasonably required by us information.
§8 Privacy and data protection
§ 9 Final Provisions
9.1 There will endeavor to content published on the Store for the products were in line with their actual parameters and properties. Any doubt as to the products to be directly explain the Store.
9.2 It is assumed that all correspondence sent by mail was delivered within five working days from the date of posting, if the recipient's address in Poland. All correspondence via e-mail are considered received after confirming that e-mail has been received by the recipient's server so that recipients read with that message. As a confirmation of the fact that the correspondence was delivered is sufficient to prove that the letter or e-mail is properly addressed and depending on the circumstances, was given as a registered letter or by recorded delivery, sent a confirmation of receipt. 9.3 Unless the law provides otherwise, we do not assume responsibility for:
a) loss of income; b) loss of actual or anticipated profits; c) loss of concluded contracts; d) loss of use of money; e) loss of anticipated savings; f) loss of the transaction; g) loss of time; h) loss of opportunity; i) loss of goodwill (goodwill); j) loss of reputation; k) loss, destruction or corruption of data; or l) any loss indirect or secondary;
and such liability shall be excluded, regardless of whether the damage is foreseeable, known or expected. For the avoidance of doubt, paragraphs 9.3 (a) to 9.3 (l) shall apply regardless of whether those losses are direct, indirect, consequential, or of any other nature.
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+48 (22) 247 85 85
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