Terms and Conditions of Purchase

§1. General terms

1.1 This XXLGASTRO Terms of Service, located at www.xxlgastro.com, sets forth the rules for placing orders, sales and delivery of XXLGASTRO products, hereinafter referred to as the "Shop".
1.2 The Shop Owner is XXLGastro Limited Liability Company (XXLgastro International Trading Ltd.) with registered office in 02-672 Warsaw, ul. Domaniewska 37A lok. 324, entered into the register of entrepreneurs of the National Court Register maintained by the District Court in Warsaw, HRB of the Court Register under the number KRS 665310, with the tax identification number 5213769744 and REGON number 366662737 . XXLgastro Company owns a share capital of 5000 zł. Direct contact with the Shop is possible via email at info@xxlgastro.pl or by phone at (22) 247 85 85.
1.3 The information on the Shop website does not constitute an offer within the meaning of art. 66 of the Civil Code, but only constitute a call for a contract, in accordance with Art. 71 Civil Code.
1.4 The Purchaser of a Product shall be understood as the entity purchasing the Products from the Shop under the terms of the Sale Agreement via the Internet.
1.5 The consumer is to be understood as a Buyer who is a natural person and purchases a product not directly related to his business or profession.
1.6 The Terms and Conditions form part of the Buyer's purchase agreement with the Shop.
1.7 These Regulations are published on the website www.xxlgastro.pl
1.8 The prerequisite for the use of the Shop by the Purchaser is access to a computer with a web browser with Internet access.
1.9 This Regulation shall take precedence over any other conditions communicated by the Parties. The parties expressly waive any terms that they have ever submitted, proposed or reserved in writing, by email or verbally, in any form or in any form.

§ 2. Products

2.1 Prices of products in the Shop are expressed in Polish zloty and are net prices (excluding VAT). The sales document is a VAT invoice.
2.2 The number of products in the promotion is limited, and orders are processed according to the order of applications until the stocks of products covered by the promotion are exhausted. The shop will immediately inform the Purchasers about the completion of the promotion by marking the given product with the promotion symbol.
2.3 The seller reserves the right to change the prices of goods in the store's offer, to introduce new goods to the offer, to carry out and to cancel promotional or sales actions or to make changes thereto. Price changes do not apply, however, to customers who have already made a purchase of the product through a change in price. Every order is checked by us. In case of nonconformity, we will contact you to determine if the order is to continue.
2.4 Shop makes every effort to keep the descriptions and prices of products in the online store updated on a regular basis.

§ 3 Orders

3.1 Orders for products can be submitted via the Internet to info@xxlgastro.pl
3.2 Orders for products can be submitted 24 hours a day, 365 days a year via the store form, which must be confirmed by the button I place an order.
3.3 Orders placed on weekdays after 12.00 or on a Saturday, Sunday or public holidays shall be considered on the working day following those days.
3.4 The condition for the Shop to enter the order is to fill it in correctly, including the contact number or e-mail address under which it will be possible to confirm the order.
3.5 The incorrectly filled orders will be canceled and the Shop, if provided with contact details, will inform the Purchaser.
3.6 Orders that can not be confirmed within 7 days of their examination will not be processed.
3.7 The shop reserves the right to verify and possibly refuse the execution of orders that give rise to reasonable doubt about the Shop as well as the right to verify the credibility and financial capacity of the Non-Consumer Buyer.
3.8 Once the order is confirmed, a contract of sale between the Shop and the Buyer is concluded.
3.9 Confirmation of the possibility of order fulfillment is by e-mail
3.10 The given deadline is calculated on working days.
3.11 The time of order fulfillment is the time elapsed from the order confirmation until the product shipment.
3.12 All confirmed orders "on collection" are forwarded to the shipment within 24 hours. All other orders are shipped within 24 hours of receipt of funds into your XXLgastro account. Delivery time depends on availability and size. For information on the delivery times of individual products, see the product pages.
3.13 Shop in relation to Non-Consumer Buyers, in special cases, reserves the right to extend the deadline, which the Shop will immediately inform the Purchaser. This applies to products that are not available in the warehouse or are performed on customer orders.
3.14 Promotion "Register and you will get 40 zł for shopping" is valid for purchases of minimum 1000zł net. The amount of 40 zlotys is a gross amount. Please contact us by e-mail or phone to receive a discount.

§4 Payments

4.1 Payment terms for private companies:

A) Upon delivery: The customer can pay for the cash in courier hands at delivery. Payment for the collection is possible up to 6000 zł gross. In case of difference arising from the invoice amount, the buyer should transfer the missing amount before the goods are shipped to the account.
B) Transfer: The customer is obliged to make a transfer - prepay 100% of the value of the order before shipment. Upon receiving the funds, the Shop will proceed to execute the goods ordered by the Customer.

4.2. For state institutions:

A) transfer 14-21 days from the invoice date
B) The shop can provide the so- Deferred payment date, after prior agreement between the Buyer and the Store.

4.3 Until the payment of the full amount due, the product is the property of the Shop.
4.4 If the customer is asked to provide payment card details, he / she must be fully authorized to use this card or account. The card or account must have sufficient funds to cover the planned payment.
4.5 The customer declares that he accepts that the receipts will only be received electronically.

§5 Shipping of products

5.1 The shop will deliver the Product to the place of delivery specified in the Order by the Customer. The sales document is a VAT invoice. The ordering party authorizes the Shop to issue a VAT invoice without its signature.
5.2 If the estimated delivery date changes, the customer will be notified of the new scheduled delivery date. We are not liable for any losses, claims, costs, damages, charges or expenses resulting from delays in delivery to persons other than consumers to the extent permitted by applicable law.
5.3 The store sends the purchased products and the proof of sale as a receipt or VAT invoice sends the electronic form to the customer's mail. In the case where the Buyer expresses his will to receive the VAT invoice, it will be sent electronically to the e-mail address indicated by the Purchaser as an electronic image of the document in PDF format. By accepting these Regulations and expressing the will to receive VAT invoices, the Purchaser agrees to authorize the Shop to issue and send VAT invoices electronically in accordance with the Ordinance of the Minister of Finance of 20 December 2012 on electronic invoicing, Their storage and mode of disclosure to the tax authority or fiscal inspection authority (Journal of Laws, 2012, item 1528).
5.4 The cost of transport for orders of less than 30 kg total weight and the delivery date shall be given in public information as well as in the so- Basket during order summary. Shipping costs apply to deliveries on business days and do not include service on Saturdays, Sundays or public holidays, as well as service, subject to receipt. Shipping costs will be borne by the Purchaser unless the Shop and Purchaser agree to different delivery terms.
5.5 Transport costs for orders with a total weight of more than 30 kg are included in the "Delivery and Cost" section of our shop.
5.6. It is the Purchaser's responsibility to bring and assemble the product.

5.7 Upon delivery of the Product, the Customer will be asked to sign a receipt. Upon receipt of the acknowledgment of receipt, at the time of delivery, the customer should check that the product does not have obvious defects, defects or damages. We strongly recommend that you keep receipt of your product in case of late contact with the Store to deliver the Product. In case of damage to the shipment, please contact the Shop immediately.

§6 Right to withdraw from 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 came into possession of the item or a third party other than the carrier and indicated by you entered possession of the item.
6.3 In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by express statement (for example, a letter sent by post, fax or e-mail). You may use the withdrawal form template, but this is not mandatory.

Model withdrawal form:

- Addressee: XXLgastro International Trading Sp. Z oo, Domaniewska 37A lok. 324 , 02-672 Warsaw
- I / We hereby inform you of my / our withdrawal from the contract of sale of the following items (*) of the contract for the delivery of the following (*) of the contract for the performance of the following (*) / (*)
- Date of conclusion of contract (*) / receipt (*)
- name of the consumer (s)
- Consumer address (s)
- Signature of the consumer (s) (only if the form is sent in paper form)
- Data

6.4 In order to maintain the withdrawal period, you only need to send information on the exercise of your right of withdrawal prior to the expiration of the withdrawal period.
6.5 In case of return of the product, please contact the store at (22) 247 85 85 to improve the return process.
6.6 From the moment you come into possession of the Products, you are obliged to keep them and treat them properly.
6.7 Replacement or replacement is not subject to the correct spare parts ordered.

Consequences of withdrawal

6.8 In the event of withdrawal from this contract, we will refund all payments received from you. We will refund the payment on the discount coupon for use in the XXLgastro shop for the entire assortment, the coupon is valid 3 months from the date of issue. We may withhold payment and issue a voucher until we receive the item or until we receive a proof of return, whichever occurs first.

6.9 Please return or hand us the item immediately, and in any case not later than 14 days from the date you informed us of your withdrawal from this contract. The term is retained if you withdraw the item before the 14-day deadline expires.
6.10 You will have to bear the direct cost of returning the item.
6.11 You are only answering for the reduction of the value of the property resulting from its use other than as necessary to establish the nature, characteristics and functioning of the property.
6.12 In the event of unreasonable refusal to receive the ordered goods by a Non-Consumer Buyer, the Purchaser undertakes to:

A) cover costs incurred by the Seller in connection with the shipment of goods from the Seller's warehouse to the address indicated by the Buyer and back,
B) pay the Seller a handling fee of 25% of the gross selling price of the goods returned. This fee covers the costs incurred by the Store, related to the execution of the order and the dispatch.

6.13 The right of withdrawal is excluded if:

(A) Service contracts where the trader has performed his full service with the express consent of the consumer who has been informed prior to the commencement of the service that the trader has lost his right of withdrawal after fulfillment;
(B) an agreement for the provision of an unprofessional item, manufactured to the consumer's specifications or satisfying his individual needs;
(C) Contracts for the provision of a service which is subject to rapid deterioration or has a short shelf-life;
(D) The contract in which the subject-matter is provided is provided in a sealed package which, when opened, can not be returned for health or hygiene purposes if the packaging has been opened after delivery;
(E) Contracts for the supply of goods which, after their delivery, are intrinsically linked to other items after their delivery;
(F) an agreement in which the subject matter is audio or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery;

§7 Guarantees and complaints

7.1 All products in the Shop are brand new, free from physical and legal defects, and they have all the required attestations and warranties of their manufacturer, unless otherwise stated in the product description.
7.2 We make every effort to provide the Products in perfect condition. However, if you notify us that the Product is defective, you agree to keep the Product in its current condition until it is available to us (or our Agent) for inspection at the appropriate time.
7.3 The warranty period is at least 12 months from the date of receipt of the Product by the Purchaser
The warranty period runs from the date the Product was issued to the Buyer.
7.4. The condition for the Buyer to exercise the rights resulting from this warranty is to deliver to XXL Gastro

A) valid proof of purchase
B) defective Product

7.5. Malfunctions revealed 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 Shop on the terms indicated in the warranty. In the event that the repair requires the replacement of spare parts, the repair date may change and the customer will be informed.
7.6. Warranty repair is only considered to repair defective Product made in the period referred to in point 2 and under the conditions specified in this warranty. In particular, warranty repairs, periodic inspections, adjustments, performance checks and cleaning of the Product do not constitute warranty repair.
7.7. The Buyer is entitled to exchange the Product for a new one if the XXL Gastro finds in writing that the removal of the defect is impossible. The Shop will exchange the Product within the time agreed upon with the Buyer, no longer than 14 days from the date of receipt of the defective Product. When replacing a Product for a new one, the equivalent of missing or damaged items and the cost of replacement will be deducted. In the event that the repair requires the replacement of spare parts, the repair date may be changed by the time specified by XXL Gastro.
7.8. If the replacement of a Product to a new one is not possible, the Buyer is entitled to reimbursement of the amount disclosed on the purchase receipt.
7.9. The guarantee covers only defects caused by the causes of the product sold.
7.10. Products with mechanical, thermal, chemical and electrical damages not covered by the Store's fault, and in particular

A) generated during transport and handling
B) caused by improper use or storage of the Product
C) resulting from the use of the Product contrary to the instruction manual, destination or safety regulations
D) caused by repair, modification, alteration or tune-up or other action by third parties
E) caused by normal wear and tear of parts (eg gaskets, polyethylene boards, sharpened blade parts, bulbs, clutches, etc.)

7.11. Any faulty products or parts that are listed become the property of XXL Gastro
7.12 The cost of delivery and return of the advertised product to the Shop is charged to the Non-Consumer Purchaser. The store will not accept postage shipments.
7.13 The above provisions do not in any way exclude or limit the liability of the Shop to consumers for incompatibility of the product with the contract.
7.14 The shop is liable to the consumer for non-compliance of the product with the contract in accordance with the provisions of the law on special terms of consumer sales and the amendment of the Civil Code. If a product is found to be incompatible with the contract, the consumer has the right to demand that it be brought into a contractual state by free repair or replacement, unless repair or replacement is impossible or require the Shop to incur excessive costs. In the event that the Store fails to make such a claim at the appropriate time, or if the repair or replacement would expose the Consumer to significant inconvenience, the consumer shall have the right to file a claim for a reasonable price reduction or withdrawal.
7.15 The shop is not liable for damages resulting from improper installation and use of purchased goods.
7.16 All complaints about damage to goods in transit are reported on the day of delivery.
7.17 In order to provide you with access to all legal protections in the event of a defective Product, we may need your help and promptly provide certain information about the Product, including:
A) specification, including the relevant details as to whether the Product is defective or defective; and
B) the delivery document number and any other reasonably required information by us.

§8 Privacy Policy and Data Protection

The Privacy Policy of the Store, which forms part of these Terms and Conditions.

8.1 All data, including personal data received by the Store through the registration form or order, shall be treated as confidential and will be used by the Store solely for the purpose of performing the order or providing information regarding the Shop's trade offer.
8.2 Making a registration or placing an order is equivalent to the consumer's agreement to store and process the Personal Data contained in the registration form or order in accordance with the Act on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926). As a result, the Shop becomes the controller of personal data.
8.3 The shop ensures the security of the collected data, including personal data, and allows for their modification or removal from the Store database. The consumer has the right, in particular, to have access to his / her personal data and the right to update and correct them.
8.4 The shop has the right to process the information pertaining to the customer in accordance with the Privacy Policy of the Shop. By using the Store services, the Customer agrees to such processing and warrants that all data provided by him is correct. In order to complete a transaction, the customer must agree to share his / her data.
8.5 As part of the contract with the Buyer, the Shop is authorized to send an invitation to the Buyer's e-mail address to complete the post-sale survey. The survey is used to investigate the transaction. The buyer may voluntarily complete the survey.

§9 Final provisions

9.1 The Shop will make every effort to ensure that the content posted on the Store pages for the Products is consistent with their actual parameters and properties. Any doubts about the products should be directly explained to the Shop.

9.2 It is understood that all correspondence sent by post was delivered within five working days of the date of dispatch if the recipient's address is in Poland. Any e-mail correspondence is deemed to be received after confirmation that the e-mail has been received by the recipient's server in such a way that the recipient can read the message. As proof of the fact that the correspondence was delivered, it is sufficient to prove that the letter or email has been properly addressed and, as the case may be, has been given as a registered letter or receipt of receipt sent by acknowledgment of receipt.
9.3 Unless the law provides otherwise, we are not liable for:

A) loss of income;
B) loss of actual or anticipated profits;
C) loss of contracts;
D) loss of use of money;
E) loss of expected savings;
F) loss of transaction;
G) loss of time;
H) loss of ability;
I) loss of goodwill;
J) loss of reputation;
K) loss, destruction or damage to the data; or
L) any indirect or secondary loss;

And such liability shall be excluded, whether the damage is foreseeable, known or expected. For the avoidance of doubt, points 9.3 (a) to 9.3 (l) shall apply irrespective of whether those losses are indirect, direct, secondary or otherwise.