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HomeShop regulations

Shop regulations

1) In the regulations we use the terms: 

  1. we- the seller, or XXLgastro.
    Our full details:
    XXLgastro International Trading Sp. z oo with its seat in Warsaw, entered into the National Court Register by the District Court in Warsaw, XII Commercial Division of the National Court Register under the number KRS 665310 , with share capital of PLN 483.200 (five thousand zlotys), NIP 5213769744 , REGON 366662737 . 
  2. You- the buyer; any natural or legal person or an organizational unit without personality legal entity that places an order in our store; 
  3. Our store- an online store at www.xxlgastro.pl
  4. 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. 
  5. Entrepreneur- a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store. 
  6. Customer- any entity making purchases through the Store. 
  7. 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 up to and including the conclusion of the contract. 
  8. Order form- an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment. 
  9. Cart- an element of the Store's software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products. 
  10. Product- a movable item available in the Store which is the subject of the Sales Agreement between the Customer and the Seller. 
  11. Sales Agreement- a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. 

2) In the regulations, we describe the rules on which we sell products and services. 
3) The regulations are part of the contract for the sale of products in our store. 
4) Seller's e-mail address: [email protected]
5) Seller's telephone number: (22) 247 85 85
6) Before you shop in our store, read and accept these regulations.

7) We sell products that we present in our store. As a seller, we are obliged to deliver you items free from defects. 
8) All products in our store are brand new, free from physical and legal defects and legally introduced on the Polish market. However, we can also sell products that have been used briefly or used as an exhibition - such products are appropriately marked and described.
[Legal basis: Art. 556 and 556 1 -556 3 of the Act of 23 April 1964. Civil Code.]

9) In our store you can: 

  1. purchase items, 
  2. use individual discounts, 
  3. participate in promotions and competitions, 
  4. evaluate products and write reviews about them, 
  5. comment on articles on BLOG 
  6. register accounts on the forum at: www.xxlgastro.pl.

10) You do not need to register in order to shop in our store. 

11) If you register an account in our store, you can additionally check your history on example information about orders in our system. 

12) You can register an account athttps://www.xxlgastro.pl/en/account/login/. During registration, accept our regulations. After registering, we will send you an activation link via email accounts. 

13) You can always delete your account in our store. 

14) When you use our store or write product reviews in our store, you can't post illegal content, in particular: 

  1. use profanity, 
  2. incite violence or hatred, 
  3. promote racism, 
  4. derogate from someone's dignity, 
  5. to preach views contrary to generally accepted social norms, 
  6. provide information that bears the hallmarks of a crime, is a dishonest act competition, infringe copyrights or industrial laws, 
  7. promote our competitors' products and services.

15) If you do not comply with this policy, we may remove or modify such opinion. Our website the store works properly if: 

  1. you use the latest Chrome, Firefox, Microsoft Edge, Safari or Opera browser version, 
  2. you have Javascript language support enabled in your browser, 
  3. you have cookies and website data enabled in your browser. 

16) Complaints related to your account in our store can be sent to the following address: [email protected].We will consider the complaint within 14 days from the date of notification. 

17) We sell products through our store, by e-mail and by phone. 

18) You can place orders in our store via the website https://www.xxlgastro.pl/You can do this in two ways:

  1. by your account, 
  2. without creating an account - if you accept the regulations each time. 

19) To shop in our store: 

  1. read information about productions, 
  2. add products to the basket - if available, 
  3. choose a delivery method, 
  4. choose the method of payment, 
  5. enter the recipient's details, 
  6. check the summary of your order, 
  7. place an order using the "Buy and pay" button.

20) Confirmation of the conclusion of the contract will be sent to the e-mail you provided in the order. 

21) If any Goods are unavailable or out of stock then the seller may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, seller may vary the Order with the Customer’s approval. 

22) Your order is valid for 7 days. If you do not pick up the product within this time, you will not pay for it or we are unable to contact you - we will cancel it. 

23) We deliver products within territory of the European Union. 

24) We deliver products in a way that you indicate: 

  1. by courier, 
  2. to parcel machines, 

25) You can check the cost of delivery at https://www.xxlgastro.pl/en/service/dostawa-i-koszt/. The approximate delivery time will be provided in the description of the product in our store. 

In case of: 

  1. ordering Products with different delivery times, the delivery date is the longest given date, 
  2. ordering Products with different delivery times, the Customer has the option to request delivery of Products in parts (for an additional fee) or to deliver all Products after completing the entire order. 

26) The start of the period for delivery of the Product to the Customer is counted as follows: 

  1. If the Customer chooses the method of payment by bank transfer, electronic payment or credit card; from the date of crediting the Seller's bank account, if the crediting took place before 12:00 on the business day or on the next business day after the date of crediting the Seller's bank account, if the crediting took place after 12:00 on the business day or on the weekend. 
  2. If the Customer chooses the method of payment on delivery - from the date of conclusion of the Sales Agreement, if the Sales Agreement was concluded before 12:00 a business day or from the next business day after the date of concluding the Sales Agreement, if the Sales Agreement was concluded after 12:00 on the working day or weekend. 

27) When you collect the parcel, you confirm its receipt - with your signature or through the parcel locker system. 

If you shop privately, you are the owner of the product and are responsible for it from then on damage or loss. 

28) If you notice that the parcel or its contents are damaged or incomplete - even if the packaging is intact - file a complaint directly to the carrier - it will facilitate the complaint procedure. 

  1. On delivery by courier
    The Customer should immediately report this fact to the Seller by e-mail to the following e-mail address: [email protected]. The message should be accompanied by: photos of the damage, the order or invoice number and the damage report, which should be drawn up with the courier on the day of delivery (the damage report is the basis for the complaint procedure). The seller will send a reply about the further procedure by e-mail within 24 hours.
  2. On delivery by a parcel machine
  • show the damage under the monitoring camera of the parcel locker; 
  • place the damaged, unopened shipment in the same locker of the parcel locker, in which it was located and close the locker - according to the messages on the screen of the parcel locker; 
  • submit a complaint to the owner of a given parcel locker - in accordance with the messages on parcel locker screen - or to us, by writing an email to [email protected]

29) If you buy several products, we may divide them into smaller packages. In that case, the basket of the delivery that we have given you in the order summary will not change. 

30) If we are unable to fulfill your order, we may offer you instead other products of the same quality, purpose and price (replacement service). You can choose, whether you accept these products, or you can withdraw from the contract and return the products at our expense. We will also inform you in writing. 

[Legal basis: Art. 27 of the Act of May 30, 2014 on consumer rights]

31) The prices of all products in our store are given in Polish zlotys and Euros. We provide gross prices, i.e. those that include VAT and net prices (I.e. the price without VAT). The product price does not include the shipping cost. 

32) You can pay for the product you are buying in several ways - depending on the delivery method you will choose. 

If we deliver the order to you: 

a) by courier - you can pay with:

  • by bank transfer (prepayment), 
  • electronically via dotpay (prepayment), 
  • in installments (prepayment), 
  • in the form of leasing (prepayment), 
  • Cash on delivery, 

b) to a parcel locker - you can pay with: 

  • by bank transfer (prepayment), 
  • electronically via dotpay (prepayment), 
  • by credit card (on delivery), 

33) We may charge a checkout fee if you choose to pay: 

  1. electronically via dotpay, 
  2. by payment card in a parcel locker. 

We calculate the fee on the total gross value of the products and shipping costs. The exact amount of the fee we will present you in the order summary before you place it. 

We charge the fee for a card transaction in a parcel locker regardless of the shipping fee to the parcel locker. 

34) We issue and send invoices in electronic form. We guarantee their authenticity the origin and integrity of the content. 

35) According to EU derective 2011/7/EU XXLgastro reserves the right to charge interest at 8% above the base lending rate of the European Central Bank calculated monthly on late or overdue payments by the Customer. Moreover, a minimum of €40 can be charged per invoice as compensation for recovery costs. 

36) We will deliver each electronic invoice to the e-mail address you provide during registration or placing an order. If you change your e-mail address - notify us in writing or by e-mail. If you do not do this, we will send messages to your current e-mail address treated as properly served. 

37) Please be advised that from January 1, 2020, in accordance with the Act of July 4, 2019 amending the act on tax on goods and services and certain other acts (Journal of Laws, item 1520), the seller will be able to issue the buyer (VAT payer) ) an invoice for the receipt only if the receipt includes the buyer's NIP (tax identification number). 

38) We are not responsible for incorrect invoice data if you provide such data during registration or when you place an order. 

39) XXLgastro's Price Promise applies to any lower published price for a like-for-like product offered on the same terms in Poland. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as XXLgastro and the competitor must have stock availability at the time of ordering. The price will not be matched where there are ‘hidden extras’ such as delivery charges. In order to qualify, the price must be published in writing.

40) If you shop privately and enter into a distance contract you can withdraw from a distance contract and return yours shopping. The rules we describe in this chapter only apply to you if this is the case. 

41) You can submit a return - that is, withdraw from the contract - within 15 days from when you pick up the product (you, or a person you choose other than the carrier). You don't need to give a reason. 

42) You can send a statement that you withdraw from the contract

  1. in the form on the website https://www.xxlgastro.pl/en/service/- we recommend this form; 
  2. by e - mail to the following address: [email protected]
  3. by post to the following address: XXLgastro, ul. Grzybowska 78, 00-844 Warsaw- you can use the formula that can be found on our website: https://www.xxlgastro.pl/en/service/reklamacje-i-zwroty/
43) You cannot return the product and withdraw from the contract if: 
  1. with your consent, we have fully performed the service and informed you before starting benefits that after we meet them, you will lose your right to withdraw from the contract; 
  2. you have purchased a product that we have prepared according to your individual specification or for your individual needs - for example, stainless steel tables or an individual assembly or clothing with engraving; 
  3. we have delivered the product to you in a sealed package for hygiene reasons and you will open them. 
  4. you have auctioned off the product by public auction;

44) If you use the product you return - you are responsible for reducing its value. You can only use the product to test its features and functions. 

45) Send back the product you are returning to us as soon as possible - within 15 days from reporting the return to us. When you buy a product in a set with another product, you can only return the whole set. 

46) If you withdraw from the contract without giving any reason (within 15 days), you will bear the costs direct return (return) of the product to us. 

47) If, when placing the order, you choose a different delivery method than the cheapest one, ordinary, offered in our store - we only refund you the cheapest method delivery of the parcel.

48) The free return of parcels are available under under the following conditions; 

  1. The parcel weights less than 25KG and can fit an Inpost Parcel Locker 
  2. Client is registered user of XXLgastro and subscribed to our newsletters 
49) The cost of delivery and returning the returned product to the Seller shall be borne by the Customer - Entrepreneur. The store will not accept cash on delivery shipments. 

50) Upon delivery by the courier of the returned goods, the Seller shall send the Entrepreneur a voucher with the gross value of the order minus 25% restocking fee of the gross amount of the returned item. 

51) The voucher entitles you to purchase on the website operated by the Seller within one year of receipt.

52) In the event of any traces of use of the returned goods, its damage, damage to the original packaging or its absence, the Buyer shall pay the Seller compensation adequate to the losses suffered. 

53) If you buy products from us, you have the right to file a complaint. 

54) You can submit a product complaint under the warranty in any form. We recommend that you report it via the form on the website https://www.xxlgastro.pl/en/service/. Thanks to this, we will be able to process Your application faster. 

55) If you submit a complaint using the form on our website, wait until you get from us a message with instructions. When we accept your complaint, we'll send you an email. We will give in your application a number (RMA number) and instructions on what to do next. 

56) Your Request Number (RMA) is valid for 7 days. If you send the product after this date, we can have a problem with its identification. 

57) When we consider your complaint, we will send you a document with the result of the service expertise. 

58) Most of the products we offer in our store are covered by the manufacturer's or importer's warranty or ours. You can find the warranty conditions in the product warranty card. You have the right to take advantage of product warranty, even if you do not receive a warranty card with the purchase. This order is not excludes, restricts or suspends your rights resulting from consumer rights and warranty regulations. 

59) Goods sent back as part of the complaint procedure to the website should be sent in well-secured packaging to the website address, which will be indicated by the Seller by e-mail to the Consumer. 

60) If the Customer is an Entrepreneur, the parties limit the liability under the warranty to the lack of properties, the existence of which was provided by the Seller to the Entrepreneur on the website. 

61) The warranties in this do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, refrigerants, filter driers, shelves, tray slides, castors and legs, electric lamps, fuses, keys, locks, glass, filters, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to XXLgastro within 24 hours to qualify for replacement, repair or refund at XXLgastro's discretion. Goods marked ‘semi-commercial’, ‘light-duty use only’ or similar must not be used as substitutes or replacements for heavy-duty or commercial-grade equipment. 

62) If you are an entrepreneur, we jointly agree that we exclude our liability under the warranty for physical and legal defects of the product. First of all, we agree with you that, as a seller, we are not liable for hidden defects of the product. This condition does not apply private purchases (point 1 d). 

[Legal basis: art. 558 § 1 of the Act of 23 April 1964 Civil Code.] 

63) If you are shopping privately, you have the right to out-of-court treatment complaints and redress, you can for this purpose: 
  1. assemble a complaint through the platform ODR ( https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL )
    on the form, please enter our e- mail address: [email protected], 
  2. submit an application to the Trade Inspection ( www.uokik.gov.pl/wazne_adresy.php#faq595 ). 

[Legal basis: the Act of 23 September 2016 on out-of-court dispute resolution consumer.] 

64) The condition for joining the complaint arising from the delivery is checking the technical condition of the shipment received by the Customer in the presence of the courier. In the event of damage, the Customer should immediately report this fact to the Seller by e-mail to the following e-mail address: [email protected] The message should be accompanied by: photos of the damage, the order or invoice number and the damage report, which should be drawn up with the courier on the day of delivery (the damage report is the basis for the complaint procedure). The seller will send a reply about the further procedure by e-mail within 24 hours. 

65) When you register an account with our store or place an order, you voluntarily provide it to us your personal data. If you do not provide us with this data, we will not be able to accept yours orders. 

66) You can always ask us for access to your personal data. You can also make them yourself change in your account settings. 

67) The principles according to which we process your personal data are described in our policy privacy. You can find it at: www.xxlgastro.pl/privacy-policy. 

[Legal basis: Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to data processing personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation).] 

68) If we change these regulations, we will make them available in our store at least 7 days before that new regulations will take effect. 

69) The Seller reserves the right to change the prices or not to complete the order if the price has been determined as a result of an obvious error, which may be indicated by its significant disproportion compared to market prices. 

70) Orders that you place before the new regulations come into force, we will execute in accordance with previous rules. 

71) Changing the regulations does not infringe the acquired rights of users who use our store.