Regulations of the Zagroda Kuwasy Internet Shop

I) GENERAL PROVISIONS

Regulations
a) These regulations (hereinafter: ‘Regulations’) set out the rules for purchasing goods in the Zagroda Kuwasy online shop. 
b) By placing an order in the Zagroda Kuwasy online shop, the customer is deemed to have
acceptance of the rules arising from the Regulations and obliges the customer to comply with these rules.
c) The Zagroda Kuwasy online shop (hereinafter referred to as the ‘Online Shop’) is run by Biebrza Sp. z
o. with its registered office in Warsaw (postcode 02-796 Warsaw), ul. Wąwozowa 11 lok. 53, NIP: 534-21-81-065,
REGON: 017440243 (hereinafter referred to as the ‘Seller’).

Contact details:

postal address:
Zagroda Kuwasy
Woźnawieś 30A, 19-206 Rajgród

e-mail address:
info@zagrodakuwasy.pl
telephone number: 86 273 35 20 | +48 506 00 33 77

2. Technical requirements
In order to use the Online Shop and place orders on the Online Shop, it is necessary to meet the following minimum technical requirements:
(a) having a computer with cookies enabled; or any other device with access to the Internet,
b) having an operating system: Windows or Linux (with graphics console), Mac OS or Android,
c) having a web browser with Java Script support: Internet Explorer in the latest version,
Google Chrome in its latest version, Mozilla Firefox in its latest version Safari in its latest version Opera in its latest version or other mobile versions,
d) having an e-mail account,
e) having a mobile phone number.

II) ONLINE SHOPPING
1. Activity
In the Store, the Seller sells goods via the Internet. Interested parties place orders by opening an offer form, possible after activation of the link received.
2. Area of activity
The Seller makes it possible to deliver goods from the Internet Shop’s catalogue in Poland by means of a courier company.

3. Buyer
The offer of the Online Shop may be used only by adults who have full legal capacity under civil law (hereinafter referred to as ‘Consumer’) and legal persons or organisational units without legal personality (hereinafter referred to as ‘Customer’).

4. Prices
a) Prices of goods and costs of delivery displayed in the Internet Shop are gross prices for VAT, expressed in Polish zloty.
b) The Seller offers for sale in the Internet Shop, among others, pre-packaged goods whose weight is defined with an accuracy of +/- 5%. These goods have a special note on this subject in the product description. The Seller’s representatives shall make every effort to ensure that the final weights of ordered goods are within the specified range. If the weight of the goods turns out to be lower than stated in the description,
The Seller contacts the Customer and agrees on a solution suitable for the Customer (lowering the price, adding other goods in exchange, etc.). If no agreement is reached, the Customer has the right to withdraw from the contract. The final price of the goods is shown on the VAT invoice or receipt.

5. Commercial offer
The Order (hereinafter referred to as the ‘Order’) sent by the Customer via the Online Shop constitutes a declaration of will of the Customer, which is an offer made by the Customer to the Seller within the meaning of civil law to conclude a contract of sale of the goods indicated in the Order. Sending an e-mail message by the Seller to the Customer confirming the scope of the Order constitutes acceptance of the offer to the extent possible. The Seller reserves the right to limit the number of items in a situation when the range is exhausted. The Seller endeavours to make the offer in the form as up-to-date as possible, however the presence of the goods on the order form is not tantamount to the full availability of the goods in the warehouse and the possibility of processing the Order.

6. Sales contract and applicable price
The sales document is always in accordance with the sales price in force at the time of the buyer’s acceptance of the order, regardless of the selected delivery date.

7. Delivery and delivery costs
Delivery can be made by courier or it is possible to collect it yourself (free of charge). Delivery by courier is only possible on the territory of Poland and costs PLN 30 per 1 parcel.
Courier delivery is not available for orders below PLN 50 gross. Orders up to this value can be collected personally in Zagroda Kuwasy, Woźnawieś 30A, 19-206 Rajgród.

III) REGISTRATION

1. When placing an Order in the Online Shop, the Customer is not obliged to create an account,
However, it is necessary to register in the Internet Shop and provide the data necessary to complete the Order. Browsing through the goods of the Internet Shop does not require registration.

2. The Customer registers in the Online Store by completing an order form, available by activating the link provided to him/her.

(3) Registration in the Online Shop consists in filling in the registration form by providing the following data:
– e-mail address
– first and last name,
– address to which the delivery is to be sent (street, block number, flat number, town, postal code
postal code)
– telephone number,
– company name and address – applies to Customers who are not Consumers,
– Tax Identification Number (NIP) – applies to Clients who are not Consumers.

4. To be able to place an order, the Customer must accept these Regulations in the form by unchecking the appropriate box on the form.

5. Providing data marked as mandatory is voluntary, but necessary to place an order. After completing the purchase transaction, the Seller 6. During registration, the Customer may voluntarily consent to receive commercial information regarding the Online Store to the e-mail address provided in the registration form by unchecking the appropriate box on the Online Store form. The Customer may withdraw his/her consent to receive commercial information at any time by unsubscribing via a link provided in each e-mail .
The withdrawal of this consent does not affect the lawfulness of the processing of personal data carried out before its withdrawal.

IV) CUSTOMER ORDER
1. Placement and acceptance of the Order
a) Orders can be placed 24 hours a day in the Online Shop within the framework of the Christmas Consignment Fair, but only on the dates specified in the announcement.
b) The order is placed by selecting goods from the catalogue on the order form, which can be accessed by activating the link provided to the persons concerned. Placing the goods in the virtual shopping cart takes place by clicking on the button ‘Add to cart’; next to the goods in question, and then indicating the form of delivery of the object of the Order, the method of payment and confirmation of the Order.
c) Confirmation of the entire Order takes place by clicking on the ‘Confirm Order’ button. Until the moment the ‘Confirm Order’ button is pressed, the Customer has the possibility of modifying the Order. In order to modify the Order, the Customer should press the ‘Return to Purchase’ button visible during the Ordering procedure.
d) The total value of the Order including the price of the goods and the costs of delivery is shown in the shopping basket after the Customer has selected the method of payment and the method of delivery of the Order.
e) The Order may be completed when the following data is provided: e-mail address,
name and surname, telephone number, delivery address, company name – applies to Customers who are not NIP number – applies to non-consumers and is possible after acceptance of the Regulations by ticking the appropriate box on the Online Shop’s website.
f) Placing an Order constitutes submission by the Customer to the Seller of an offer to conclude an agreement of sale Goods included in the Order.

2. Order confirmation and processing

2.1 The Seller’s acceptance of the Customer’s Order is confirmed by electronic means by sending the Customer an e-mail to the e-mail address provided by the Customer together with the Order number. If the Order cannot be fulfilled within the requested timeframe or in the case of shortages in the assortment, the Customer will be notified by email or telephone. If the goods cannot be delivered, e.g. of the desired weight, the Seller will contact the Customer in order to agree on an acceptable solution, e.g. lowering the price, adding other goods instead, etc. As soon as the Customer receives the email with the Order number referred to above, the contract of sale between the Customer and the Seller is concluded.

2.2 Possibility of cancelling an Order
a) The Customer may cancel the Order, however, in the case of Christmas Dispatches, the Order may not be cancelled later than 2 (two) days prior to the planned date of dispatch of the Christmas packages (the specific date of dispatch shall be notified to the Customer in advance).
b) Cancellation of the Order is made by sending an e-mail to the e-mail address: info@backup-zagrodakuwasy.pl.

2.3 Right of withdrawal from a contract
a) Subject to the provisions of paragraph g) below, the Customer has the right to withdraw from the contract within 14 days without giving any reason.
b) The period for withdrawal shall expire after 14 days from the date on which the Customer has taken possession of the goods covered by the Order or on which a third party designated by the Customer has taken possession of the goods covered by the Order.
c) In order to use the right of withdrawal, the Customer shall send the Seller an appropriate declaration of withdrawal by an unequivocal statement by e-mail within 14 days from the day on which the Customer has taken possession of the goods covered by the Order or on which a third party indicated by the Customer has taken possession of the goods included in the Order.
d) In order to comply with the withdrawal period, it is sufficient to send information concerning the execution of the right of withdrawal before the expiry of the withdrawal period.
e) In the event of withdrawal from the contract, the Customer shall return the returnable goods in an undamaged condition. The goods should be returned immediately to the Seller’s address: Zagroda Kuwasy, Woźnawieś 30A, 19-206 Rajgród, but not later than within 14 days from the date of receipt by the Seller of the notice of withdrawal from the contract.
f) In the event of withdrawal from the contract, the Customer shall be refunded all payments received, including the costs of delivery of the goods (except for the additional costs resulting from the chosen method of delivery other than the cheapest ordinary method of delivery offered by the Seller), immediately and in any case not later than 14 days from the day on which the Seller was informed about the decision to execute the right of withdrawal. The Seller will refund the payment using the same means of payment that were used in the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer shall not incur any fees in connection with this refund.
(g) The Consumer’s right of withdrawal is excluded in the case of:
– a contract in which the object of performance is an item supplied in sealed packaging which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery. 
– a contract in which the object of the performance is a non-refabricated item produced according to a specific request of the consumer or serving his/her individual needs;
– a contract in which the object of the performance is an item which deteriorates rapidly or has a short expiry date.

3. Delivery time

a) The delivery time of an Order depends on the Customer’s preference, with the exception of Christmas Markets, where deliveries are scheduled in advance for specific dates, guaranteeing delivery of the goods on time (in this case before Christmas) . If the customer requests, the shipment may take place on another date, but in this case the seller does not guarantee that the goods will be delivered before Christmas. The Seller reserves the right to change the delivery date suggested by the Customer in case of logistical problems, after agreeing the change with the Customer in advance by e-mail or telephone.

4. Holidays
Due to the specific nature of the work of courier companies, Orders shall not be delivered on Saturdays, Sundays and public holidays, however, there is a possibility to personally collect the Orders directly from the Seller on these days, i.e. at the address Zagroda Kuwasy, Woźnawieś 30A, 19 206 Rajgród.

5. Place of delivery of the Order
Depending on the Customer’s preference and the details provided in the order form, the Order shall be delivered by courier to the address (or addresses) indicated by the Customer. By indicating more than one address for delivery of orders, the Customer agrees to pay a transport charge of PLN 30 per order.

6. Refusal of processing Orders
The Seller reserves the right to refuse to process an Order in the following cases:
(a) there are evident difficulties in establishing the identity of the person placing the Order
b) the Order could not be confirmed, and it was deemed by the Seller to require confirmation in the situation of the need to change the delivery date or contents of the ordered goods,
c) the Customer fails to comply with the Regulations.

7. Invoice
a) The Order shall be accompanied by a VAT invoice or receipt covering the delivered items of the Order. The Customer authorises the Seller to issue VAT invoices without the recipient’s signature.
b) In order to receive a VAT invoice, the Ordering Party is obliged to provide the company name and Tax Identification Number in the registration form.

V. PAYMENTS

a) The following payment methods are possible:
– by payment card or by cash upon personal collection of parcels at the Zagroda Kuwasy, Woznawieś 30A,
19-206 Rajgród,
– by a fast transfer, payment card, credit card or blik via the payment portal CashBill Sp. z o.o.
– by prepayment by bank transfer to the Seller’s bank account specified when the Order is placed and in the e-mail confirming the processing of the Order by the Seller,

b) The title of the transfer made should include the number of the Order.

c) With the exception of Orders to be paid by cash or credit card upon collection of the goods,

d) Orders not paid by the day before shipment shall be cancelled. The Seller shall not be bound in such a case (non-payment) by the Order placed. In the case of last-minute orders, the Seller may exceptionally dispatch the order provided that the confirmation of the transfer is received by e-mail from the Customer.

VI) DELIVERY
1. Delivery
The Supplier leaves the order with the person at the address indicated by the Customer. It is not possible for the Supplier to verify the personal data of the recipient of the goods.

2. The customer’s absence
In the case of courier deliveries, the courier company will inform the recipient by text message of the failed delivery attempt and of the address of the nearest point from which the parcel can be collected that day or arrange another time by telephone.

3. Refusal to accept
The Customer’s unjustified refusal to accept the goods included in the Order shall be treated as a violation of the Regulations.

VII) COMPLAINTS AND RETURNS
a) In the case of non-conformity of the goods with the contract, the Buyer shall have the right to demand replacement of the goods or reduction of their price or withdrawal from the contract provided that he notifies the Seller thereof immediately after discovering the non-conformity of the goods with the contract, not later than within 2 days from the delivery of the Order, subject to point b) below. In order to make a complaint, the Seller must be contacted by email or telephone.
b) The notice of non-conformity of the goods with the contract shall be made not later than before the expiry date of the goods.
c) The submitted complaint shall be considered within 7 days. The customer will be notified in writing of the outcome of the complaint to his e-mail address or home address. If the Seller does not respond within the aforementioned time limit, the complaint will be considered positive.
d) The Store refunds the amount due to the Customer for the returned/complained goods within 7 days, counting from the day of positive consideration of the complaint, to the account indicated by e-mail by the Customer.
e) The Seller does not accept any parcels sent back cash on delivery.

VIII) NEWSLETTER
a) Newsletter subscription service is voluntary and free of charge and involves sending by the Seller to the Customer’s e-mail address, messages in electronic form about new products or services of the Seller, which may contain commercial information. The Newsletter is sent by the Seller to all Customers who have subscribed.
b) The Newsletter service may be used by each Customer who inserts his/her e-mail address, using the form made available by the Seller, ticking the appropriate box in the form to receive information about new products or services to the e-mail address provided and clicking OK. After submitting the completed form, the Customer receives immediately, by e-mail to the e-mail address provided in the form, a confirmation from the Seller. At this moment, the contract for electronic provision of the Newsletter service is concluded.
c) The Customer may at any time resign from receiving the Newsletter by unsubscribing via the link provided in each email. The withdrawal of consent does not affect the legality of personal data processing performed prior to its withdrawal.

VIII) PERSONAL DATA
a) The Administrator within the meaning of the Regulation of the European Parliament and of the Council (EU) of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter: ‘RODO’) in relation to Customers’ personal data is the Seller.
b) Personal data is provided by Customers when placing an order in the Online Shop, as well as in connection with the sending of commercial information/Newsletters.
c) Detailed provisions concerning the protection of the Customer’s personal data can be found on the website of the Zagroda Kuwasy (www.zagrodakuwasy.pl) under the Privacy Policy tab.
d) The Customer declares that the data entered by him/her in the Online Shop are true, complete and reliable.

IX) FINAL PROVISIONS

1. Obligation to provide truthful information
The customer using the services of the Online Shop is prohibited from providing content of an unlawful or false nature. Orders containing such content will not be fulfilled. The Seller is not responsible for providing such content.

2. Delivery of e-mails
The Seller is not responsible for non-delivery of an email message sent to the email address provided by the Customer, which is caused by blocking or deletion of emails by software installed on the computer used by the Customer or blocking by email server administrators.

3. Refunds
In the event that the Order is refused in accordance with the Regulations or in the event that the Customer cancels an Order previously paid for, the Seller will make a full refund of the amount due to the account indicated by email by the Customer.

4. Regulations
a) The Seller reserves the right to change The Regulations in case of changes in the price list, legal regulations or in order to improve the functioning of the Internet Shop. Any changes to the Regulations shall come into effect no less than 14 days from the date of making the Regulations available on the website of the Online Store and from the date of informing the Customers about the change. The Customer may make a declaration of acceptance or non-acceptance of the Regulations. Orders placed by Customers before the amendments to the Regulations came into effect shall be carried out in accordance with the existing provisions of the Regulations.
b) Customers may access these Regulations at any time via an active link and make a printout.

5. Disputes
a) Any disputes arising between a Customer who is not a Consumer and the Seller shall be settled by the court having jurisdiction over the Seller’s registered office.
b) The Customer has the right to use the out-of-court complaint and redress procedure. Detailed information about the above out-of-court procedures is available at the offices and websites of district (city) consumer advocates, social organisations whose tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following addresses https://www.uokik.gov.pl/spory_konsumenckie.php.

6. c) Regardless of the provisions of item b). 5 above, the Customer may submit his/her complaint e.g. via the EU online platform ODR (online dispute resolution). available at: http://ec.europa.eu/consumers/odr.

7. Applicable law
The provisions of Polish law, in particular the provisions of the Civil Code Act of 23 April 1964 (i.e. Journal of Laws 2016, item 380 as amended) and the provisions of the Consumer Rights Act of 30 April 2014 (i.e. Journal of Laws 2014, item 827 as amended) shall apply to matters not regulated in these Regulations in the case of Customers who are Consumers.Warsaw