The XXLgastro online store, available at the internet address www.xxlgastro.pl , is run by XXLgastro International Trading Sp. z oo with its registered office in Warsaw entered into the National Court Register by the District Court in Warsaw, 12th Commercial Division of the National Court Register under the number KRS 665310 , with share capital of PLN 5000.00 (five thousand zlotys), NIP 5213769744 , REGON 366662737 .
These regulations are addressed to Consumers and Entrepreneurs.
The Regulations define the rules and procedure for concluding a Distance Sales Agreement with the Consumer via the Store.
§ 2 Definitions
Consumer - a natural person concluding an agreement with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
Seller - XXLgastro International Trading Sp. z oo with its registered office in Warsaw entered into the National Court Register by the District Court in Warsaw, 12th Commercial Division of the National Court Register under the number KRS 665310, with share capital of PLN 5000.00 (five thousand zlotys), NIP 5213769744, REGON 366662737.
Client - any entity making purchases through the Store.
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, performs in its own name an economic activity that uses the Store.
Shop - an online store run by the Seller at the internet address www.xxlgastro.pl
Contract concluded at a distance - an agreement concluded with the Client as part of an organized system of concluding distance contracts (as part of the Store), without simultaneous physical presence of parties, with the exclusive use of one or more means of distance communication up to the conclusion of the contract, inclusive.
Regulations - these Regulations of the Store.
Order - Customer's declaration of intent submitted via the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.
Account - customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
Registration form - a 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 defining the terms of the Sales Agreement, including the method of delivery and payment.
Shopping 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.
Product - a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement - Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
§ 3 Contact with the Store
Seller's address: XXLgastro International Trading Sp. z oo, ul. Domaniewska 37a lok.324, 02-672 Warsaw
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The customer can communicate by phone with the Seller between 8:00 and 17:00
§ 4 Technical requirements
To use the Store, including viewing the Store's assortment and placing orders for Products, you will need:
terminal device with access to the Internet and a web browser,
active e-mail account (e-mail),
§ 5 General information
Browsing 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 completed without creating an Account.
The prices of products in the store are expressed in Polish zloty and include VAT. The net price is also given (excluding VAT).
The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store's pages when placing orders, including when expressing he prefers to be bound by the Sales Agreement.
When the nature of the subject of the Agreement does not allow, judiciously judging, for the advance calculation of the final price, information on how the price will be calculated, as well as on charges for transport, delivery, postal services and other costs will be given in the Store in the description of the Product.
§ 6 Opening an Account in the Store
To set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: name and surname, e-mail address, mobile phone, shipping address.
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 any reason and without incurring any fees, remove the Account by sending a relevant request to the Seller, in particular via electronic mail or in writing to the addresses provided in § 3.
§ 7 Rules for placing orders
In order to place an Order:
log in to the Store or use the option of placing an Order without registration;
choose the Product that is the subject of the Order, and then click "to the basket!";
if the option of placing an Order without registration has been chosen - fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, choose the type of shipment (method of delivery of the Product) or enter the invoice data if different from the recipient's details;
choose one of the available payment methods and click "confirm the order" and then pay for the order within a certain period according to the chosen method.
§ 8 Offered delivery methods and payments
The Customer may use the following methods of delivery or collection of the ordered Product:
Postal package, postal pickup - limited to the amount indicated in §8 point 2 items ii
Courier shipment, courier parcel delivery limited to the amount indicated in §8 point 2 items ii
Personal collection available at: ul. Domaniewska 37A lok. 324, 02-672 Warsaw after prior arrangement with the Seller.
The customer can use the following payment methods:
Cash on delivery,
Payment on delivery, when the value of the order is not more than 5000 PLN net (five thousand zlotys) and the weight of the parcel does not exceed 31kg,
Payment by bank transfer to the Seller's account,
Payment by credit card.
Payment deferred, after prior arrangement with the Seller
Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
§ 9 Execution of a sales contract
1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § 7 of the Regulations and confirmation of its implementation by the Seller.
2. After placing the Order, the Seller confirms its receipt and undertakes to inform the Customer about its implementation within 24 hours in the case of working days. Orders placed on Saturday and Sunday and public holidays will be confirmed on the first working day following the days mentioned above. Confirmation of the implementation of the Order takes place by sending the appropriate e-mail message to the Customer to the Customer's e-mail address provided during the ordering or telephone contact at the number provided when placing the Order. Upon the Customer's receipt of the above e-mail or telephone confirmation, a Sales Agreement is concluded between the Customer and the Seller.
If the customer chooses:
payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 7 calendar days from the date of the Sale Agreement - otherwise the order will be canceled;
payment on delivery upon delivery, the Customer is obliged to make the payment upon delivery of the parcel;
payment in cash on delivery of a parcel.
If the Customer has chosen a delivery method other than a personal collection, the Product will be sent by the Seller within the time specified in the description (subject to paragraph 5 of this paragraph) in the manner chosen by the Customer when placing the Order.
In case of:
orders of Products with different delivery dates, the delivery date is the longest given date,
orders of Products with different delivery times, the Customer has the option to request delivery of Products with parts (for an additional fee) or to deliver all Products after completing the entire order.
The beginning of the delivery of the Product to the Customer counts as follows:
If the customer chooses the method of payment by bank transfer, electronic payments or by credit card; from the date of crediting the Seller's bank account, if the recognition occurred before 12:00 on the business day or on the next business day after the day the Seller's bank account has been credited, if the recognition occurred after 12:00 on the business day or at the weekend.
If the Customer chooses the method of payment on delivery - from the date of the Sale Agreement, if the Sales Agreement was concluded before 12:00 working day or the next business day after the date of the Sale Agreement, if the Sales Agreement was concluded after 12:00 am working day or weekend.
If the Customer selects a personal collection of the Product; from the date of crediting the Seller's bank account, if the recognition occurred before 12:00 on the business day or on the next business day after the day the Seller's bank account has been credited, if the recognition occurred after 12:00 on the business day or at the weekend.
If the Customer chooses to pick up the Product personally, we require advance payment of the order by available payment methods: payment by bank transfer, electronic payment or by credit card). The Customer will be additionally informed about the readiness of the Product for delivery by sending an appropriate e-mail message to the Customer's e-mail address provided during the Ordering process or telephone contact.
Product delivery takes place within the European Union.
The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store pages in the "Delivery costs" tab and during the Order placement, including when the Customer wishes to be bound by the Sales Agreement.
The Customer's personal collection of the Product is free.
§ 10 The right to withdraw from the contract - Consumer
The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The period of time specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, lot or part.
The Consumer may withdraw from the Agreement by submitting to the Seller a statement on withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of that period.
The statement may be sent via traditional mail, by e-mail by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the model of which is attached in Annex 1 to these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
In the case of sending a statement by the Consumer electronically, the Seller will send the Consumer the confirmation of receipt of the statement on withdrawal from the Agreement provided by the Consumer.
Effects of withdrawal from the Agreement:
In the event of withdrawal from the Contract concluded remotely, the Agreement shall be considered void.
In the event of withdrawal from the Agreement, the Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by him, including the cost of delivering the item, 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.
The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution, which will not entail any costs for him.
The Seller may withhold the return of the payment until receiving the Product back or until it has been provided with proof of its return, depending on which event occurs first.
The consumer should return the Product to the address of the Seller specified in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be respected if the Consumer returns the Product before the expiry of the 14-day period.
The consumer bears direct costs of returning the Product, including the cost of returning the Product, if due to its nature, the Product could not be sent back by regular mail.
The consumer is only liable for a decrease in the value of the Product resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
in which the subject of the service is an item subject to rapid deterioration or having a short shelf-life,
for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who has been informed before the provision begins that after fulfilling the provision by the Seller, he will lose the right to withdraw from the Agreement,
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 Agreement,
in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
§11 Return of the product by the Entrepreneur
The cost of delivery and return of the returned product to the Seller shall be charged to the Customer - Entrepreneur. The store will not accept parcels sent on delivery.
Upon delivery by the courier of the returned goods, the Seller shall send the Entrepreneur a voucher with the value of the gross contract reduced by 25% from the gross amount of the entire order.
The voucher entitles you to shopping only on the site maintained by the Seller within one year of receipt
In the case of finding traces of use of the returned product, its damage, damage to the original packaging or its absence, the Purchaser shall pay the Seller compensation corresponding to the losses suffered.
§ 12 Complaints and warranty
The Sales Agreement covers factory-new products that are free from physical and legal defects, and they also have all the approvals required by law.
In the event of a physical or legal defect during the warranty period purchased from the Seller of the goods, the Consumer has the right to complaint based on the provisions regarding the warranty in the Civil Code. The customer should immediately inform the Seller about the situation by e-mail to the following address: email@example.com using the form available on the return-and-complaint page . Upon receipt of full information, the Seller will send a reply by return mail within 24 hours.
If the Customer is an Entrepreneur, the parties limit the liability under the warranty to the cases of lack of properties, the existence of which the Seller provided to the Entrepreneur on the website.
The condition of joining the complaint resulting from the delivery is checking the technical condition of the received shipment by the customer in the presence of the courier. If any damage is found, the Customer should immediately report this fact to the Seller by e-mail to the following e-mail address: firstname.lastname@example.org . The information should include: photos of damage, order or invoice number and damage report, which should be prepared with the courier on the day of delivery (the damage report is the basis for starting the complaint procedure). The seller will send a reply about the next procedure via e-mail within 24 hours.
The Seller will respond to the claim immediately, no later than 13 days after receipt of the goods.
Goods sent as part of the complaint procedure for the service should be sent in well-protected packaging to the address of the service, which will be indicated by the Seller electronically to the Consumer.
In the event that the Product has been granted a guarantee, information about it, as well as its content, will be included in the description of Products in the Store. The Seller will also attach a warranty card to the product being sold. In the absence of a warranty card, a purchase invoice is a guarantee.
The condition for using the warranty rights by the Entrepreneur is to have a purchase invoice along with the original warranty card, if issued,
The Seller shall not be liable for mechanical damage resulting from use contrary to the intended use and defects arising after the period covered by the Seller's warranty.
§ 13 Out-of-court ways to handle complaints and redress
Detailed information on the Consumer's use of out-of-court complaint and redress methods as well as rules on access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorate Inspectorates Commerce.
The consumer has the following exemplary possibilities to use non-judicial means of dealing with complaints and redress:
The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), with a request to settle the dispute arising from the Contract concluded with the Seller.
The consumer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148 with later amendments), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
The consumer can get free assistance in settling the dispute between him and the Seller, also using the free help of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
§14 Personal data in the Online Store
The administrator of personal data of Customers collected via the Online Store is the Seller.
Customers' personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes.
The recipients of personal data of the Online Store customers may 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 Customer's personal data collected to a 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 the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
The customer has the right to access their data and correct them.
Providing personal data is voluntary, but failure to provide the personal data specified in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
§ 15 Final provisions
Contracts concluded through the Online Store are concluded in Polish.
Seller reserves the right to make changes to the Regulations for important reasons, it is: changes in the law, changes in methods of payment and delivery - to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller shall 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: the Civil Code; the Act on the provision of electronic services; Consumer Rights Act, the Act on the Protection of Personal Data.
The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may lodge a complaint via the EU ODR online platform at: http://ec.europa.eu/consumers/odr/ .
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