TERMS AND CONDITIONS OF THE ONLINE STORE
BOSKIENASIONA.PL
CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. THE COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
6. PROCEDURE FOR HANDLING COMPLAINTS
7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS FOR ENTREPRENEURS
10. PRODUCT REVIEWS
11. FINAL PROVISIONS
12. SAMPLE WITHDRAWAL FORM
This Regulations of the Online Store was prepared by the lawyers of the website Prokonsumencki.pl. The online store www.boskienasiona.pl cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The Internet Shop available at the Internet address www.boskienasiona.pl is run by RAFAŁ ZDZIARSKI conducting business activity under the name FIRMA HANDLOWO USŁUGOWA RAFAŁ ZDZIARSKI registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: business address and address for delivery: Brzeźnica 35, 32-700 Bochnia, NIP 8681979991, REGON 387991261, e-mail address: boskie.nasiona@gmail.com, telephone number: 508-776-266.
1.2. These Regulations are addressed to both consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise.
1.3. The seller has a current entry in the Register of Entrepreneurs Trading in Seed Material, referred to in Article 84 of the Seed Act of November 9, 2012 (i.e., Journal of Laws of 2021, item 129), which is maintained by the Provincial Inspectorate for Plant and Seed Protection in Krakow.
1.4. The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily contains rules regarding the Administrator’s processing of personal data in the Online Store, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.5.1. BUSINESS DAY – one day from Monday to Friday excluding public holidays. 1.5.2. REGISTRATION FORM – a form available in the Online Store that allows creating an Account. 1.5.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store.
allowing you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.5.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.5.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended). 1.5.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.
1.5.7 NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.5.8. PRODUCT – (1) a movable thing (including a movable thing with digital elements, i.e. containing or connected to digital content or digital service in such a way that the absence of digital content or digital service would prevent its proper functioning), (2) digital content, (3) a service (including digital and non-digital service) or (4) a right that is the subject of a Sales Agreement between the Customer and the Seller.
1.5.9 REGULATIONS – these regulations of the Online Store.
1.5.10. INTERNET SH OP – the Service Provider’s online store available at the following Internet address: www.boskienasiona.pl.
1.5.11. SELLER; SERVICE PROVIDER – RAFAŁ ZDZIARSKI conducting business activity under the firm FIRMA HANDLOWO USŁUGOWA RAFAŁ ZDZIARSKI registered in the Central Register of Business Activity and Information of the Republic of Poland kept by the minister competent for economy, having: address of place of business and address for service: Brzeźnica 35, 32-700 Bochnia, NIP 8681979991, REGON 387991261, e-mail address: boskie.nasiona@gmail.com, telephone number: 508-776-266.
1.5.12. SALE AGREEMENT – (1) an agreement for the sale of a Product (in the case of movables and movables with digital elements), (2) an agreement for the provision of a Product (in the case of digital content or digital service), (3) an agreement for the provision or use of a Product (in the case of non-digital service and other Products) concluded or entered into between the Customer and the Seller via the Online Store.
1.5.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Store and which is not a Product.
1.5.14. SERVICER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organizational unit without legal personality, to which a law grants legal capacity – using or intending to use an Electronic Service.
1.5.15. CONSUMER RIGHTS ACT – Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
1.5.16. ORDER – the Customer’s declaration of will made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available on the Online Store: Order Form, Account and Newsletter. 2.1.1 Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “I buy and pay” box on the Web Store page after completing the Order Form. – Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
Failure to meet the above requirements means that the contract is not concluded.
2.1.1.1 The Electronic Order Form Service is provided free of charge and is of a one-time nature and terminates at the time of placing an Order through it or at the time of earlier discontinuation of placing an Order through it by the Customer.
2.1.2. Account – use of the Account is possible after a total of two consecutive steps by the Customer – (1) completing the Registration Form, (2) clicking on the “Register” field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: e-mail address and password.
2.1.2.1 The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: boskie.nasiona@gmail.com or in writing to the address: Brzeźnica 35, 32-700 Bochnia.
2.1.3. Newsletter – using the Newsletter is possible after providing in the “Newsletter” tab visible on the Online Shop website the e-mail address to which the successive editions of the Newsletter are to be sent and clicking the “Sign up” box. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account – as soon as the Account is created, the Customer is signed up for the Newsletter.
2.1.3.1 The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: boskie.nasiona@gmail.com or in writing to the address: Brzeźnica 35, 32-700 Bochnia.
2.2. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) disabling cookies and Javascript in the web browser.
2.3. The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4. The mode of complaint procedure regarding Electronic Services is indicated in Section 6 of the Regulations.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an order using the Order Form in the Online Store in accordance with section 2.1.1. of the Terms and Conditions. 3.2. The Product price or remuneration for the Product shown on the website of the Online Store is given in Polish zlotys and includes taxes. The Client is informed about the total price or remuneration including taxes, and when the nature of the Product does not allow, judging reasonably, to calculate the amount in advance – the manner in which they will be calculated, as well as about the costs of delivery (including fees for transportation, delivery or postal services) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, the Client is informed on the pages of the Online Store, including during the placement of the Order and at the moment of expressing the Client’s will to be bound by the Sales Agreement. In the case of a Sales Contract for a Product concluded for an indefinite period of time or including a subscription, the Seller shall state in the same manner the total price or remuneration including all payments for the billing period, and when the Sales Contract provides for a fixed rate – also the total monthly payments.
3.3 The procedure for concluding a Sales Contract in the Online Store using the Order Form 3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer places an order on the Online Store in accordance with section 2.1.1. of the Terms and Conditions.
3.3.2 After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer a relevant e-mail message to the Customer’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in section 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following methods of payment for the Sales Agreement: 4.1.1 Cash-on-delivery payment upon receipt of the shipment.
4.1.2. electronic payments and payment card payments via Przelewy24 service – the possible current payment methods are specified on the website of the Online Store in the information tab concerning payment methods and on the website https://www.przelewy24.pl/.
4.1.2.1 Settlement of electronic payment and payment card transactions shall be carried out according to the Customer’s choice through the Przelewy24.pl service. Handling of electronic payments and payment cards is carried out by: 4.1.2.1.1. Przelewy24.pl – the company PAYPRO SPÓŁKA AKCYJNA with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60- 198 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the number 0000347935, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań VIII Economic Department of the National Court Register, share capital in the amount of PLN 5,476,300.00, NIP: 7792369887, REGON: 301345068.
4.2. Payment term:
4.2.1 If the Customer chooses electronic payment or payment card payment, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2 If the Customer chooses to pay cash on delivery, the Customer is obliged to make payment on delivery.
5. THE COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
5.1. Delivery of the Product is available in the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of delivery of the Product:
5.3.1 Courier delivery, cash on delivery.
5.3.2 Parcel Post.
5.4 Delivery date of the Product to the Customer is up to 7 Business Days, unless a shorter term is specified in the description of the Product in question or when placing the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 7 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
5.4.1 If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
5.4.2 If the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement.
6. PROCEDURE FOR HANDLING COMPLAINTS
6.1. This Section 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Store. 6.2 A complaint may be made, for example:
6.2.1. In writing to the address: Brzeźnica 35, 32-700 Bochnia;
6.2.2. in electronic form via e-mail to: boskie.nasiona@gmail.com. 6.3. Sending or returning the Product within the scope of the complaint may be made to the address: Brzeźnica 35, 32-700 Bochnia. 6.4. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity or non-conformity with the contract; (2) the demand for a method of bringing the complaint into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact information of the complainant – this will facilitate and expedite the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. If the complainant changes the contact information provided during the processing of the complaint, he is obliged to notify the Seller.
6.6. The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and expedite consideration of the complaint by the Seller.
6.7. The Seller will respond to the complaint immediately, but no later than within 14 calendar days of receipt.
6.8. The basis and scope of the Seller’s statutory liability are set forth in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information regarding the Seller’s liability, as provided by law, for the Product’s compliance with the Sales Agreement is indicated below:
6.8.1 In the case of a complaint about a Product – a movable item – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller By 31. December 2022. are determined by the provisions of the Civil Code as in effect until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions determine, in particular, the basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for a Product purchased in accordance with the preceding sentence against a Customer who is not a consumer is excluded.
6.8.2 In the case of a complaint about a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of 1. January 2023. are determined by the provisions of the Consumer Rights Act as in effect on January 1, 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability to the consumer in case of the Product’s non-compliance with the Sales Agreement.
6.9. In addition to statutory liability, a warranty may be provided for the Product – this is a contractual (additional) liability and can be exercised when the Product is under warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms and conditions of liability under the warranty, including details of the entity responsible for the implementation of the warranty and the entity entitled to benefit from it, are available in the description of the warranty, e.g. in the warranty card or in another place concerning the granting of the warranty. The Seller indicates that in case of non-compliance of the Product with the contract, the Customer is entitled by law to legal remedies on the part and at the expense of the Seller, and that the warranty does not affect these legal remedies.
6.10. The provisions of section 6.8.2 of the Terms and Conditions regarding the consumer shall also apply to a Customer who is a natural person concluding an agreement directly related to his/her business activity, when the content of this agreement shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
7.1 Out-of-court dispute resolution methods include (1) allowing the parties’ positions to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) settling the dispute and imposing a solution on the parties, e.g. through arbitration (conciliation court). Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, the rules of access to these procedures, and a friendly search engine for entities engaged in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. The consumer has the following examples of out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court; (2) a request for out-of-court dispute resolution to a provincial inspector of the Inspectorate; or (3) assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge at the operator’s tariff).
7.4. A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. RIGHT OF WITHDRAWAL
8.1. A consumer who has concluded a remote contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in section 8.8. of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The statement of withdrawal from the contract may be made, for example:
8.1.1. In writing to the address: Brzeźnica 35, 32-700 Bochnia;
8.1.2. in electronic form via e-mail to: boskie.nasiona@gmail.com. 8.2. Return of the Product – movables (including movables with digital elements) within the framework of withdrawal from the contract may be made to the address: Brzeźnica 35, 32-700 Bochnia.
8.3. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in section 12 of the Regulations. The consumer may use the sample form, but it is not mandatory.
8.4. The period for withdrawal from the contract begins:
8.4.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by the consumer other than a carrier, and in the case of a contract which: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;
8.4.2. for other contracts – from the date of conclusion of the contract.
8.5. In the case of withdrawal from a remote contract, the contract is considered not concluded. 8.6 Products – movable things, including movable things with digital elements:
8.6.1 The Seller shall immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by the consumer, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of the payment received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6.2 In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.
8.6.3 The Consumer shall be liable for any diminution in the value of the Product – a movable item (including a movable item with digital elements) – resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.7. Possible costs associated with withdrawal by the consumer from the contract, which the consumer is obliged to bear: 8.7.1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer. 8.7.2 In the case of Products – movable items (including movable items with digital elements) – the consumer shall bear the direct costs of returning the Product.
8.7.3 In the case of a Product – service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance provided.
8.8. The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts: 8.8.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance by the Seller will lose the right to withdraw from the contract, and has accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiration of the deadline for withdrawal from the contract; (3) in which the subject of performance is a Product – a movable thing (including a movable thing with digital elements) – non-refabricated, manufactured according to the
consumer’s specifications or serving to satisfy his/her individualized needs; (4) in which the subject of the performance is a Product – a movable thing (including a movable thing with digital elements) – that is subject to rapid deterioration or has a short shelf life; (5) in which the subject of the performance is a Product – a movable thing (including a movable thing with digital elements) – that is delivered in a sealed package that cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of performance are Products – movable things (including movable things with digital elements) – which after delivery, due to their nature, are inseparably combined with other movable things, including movable things with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer, or provides Products – movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by public auction; (12) for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the consumer, who has been informed before the start of the performance that after the performance by the Seller he will lose the right of withdrawal from the contract, and has accepted it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.9. The consumer provisions contained in this Section 8. of the Terms and Conditions shall also apply for contracts concluded as of January 1, 2021 to a Customer or Client who is an individual concluding a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This Section 9 of the Terms and Conditions and all the provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and from January 1, 2021 and for contracts concluded from that date, who is not also a natural person entering into a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller’s liability under the warranty for the Product or the Product’s non-conformity with the Sales Agreement is excluded.
9.4. The Seller will respond to the complaint within 30 calendar days from the date of receipt. 9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement. 9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.
9.7. The Service Provider’s/Seller’s liability to the Client/Customer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in the aggregate – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller is also not liable for the delay in transportation of the shipment
9.8. Any disputes arising between the Vendor/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.
10.OPINIONS ABOUT THE PRODUCTS.
10.1. The Seller allows its Customers to issue and access reviews of the Products and the Online Store under the terms of this section of the Terms and Conditions.
10.2. Issuing an opinion by the Customer is possible after using a form that allows adding an opinion about the Product or the Online Store. This form can be made available directly on the website of the Online Shop (including by means of an external widget) or can be made available by means of an individual link received by the Customer after the purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a picture of the Product – if such an option is available in the opinion form.
10.3. An opinion about a Product may be issued only for the actually purchased Products in the Seller’s Online Store and by the Customer who purchased the reviewed Product. It is forbidden to conclude fictitious or sham Sales Agreements for the purpose of issuing an opinion about a Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
10.4. Adding opinions by Clients may not be used for illegal activities, in particular, for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Client is obliged to act in accordance with the law, these Regulations and good morals.
10.5. Opinions can be made available directly on the page of the Online Store (e.g., next to a given Product) or in an external opinion-gathering service with which the Seller cooperates and to which it links on the page of the Online Store (including by means of an external widget placed on the page of the Online Store).
10.6. The Seller shall ensure that published reviews of Products come from its Customers who have purchased the Product. To this end, the Seller shall take the following steps to verify that the opinions come from its Customers: 10.6.1 The publication of an opinion issued using a form available directly on the website of the Online Store requires prior verification by the Seller. Verification consists in checking the compliance of the opinion with the Terms and Conditions, in particular checking whether the person giving an opinion is a Customer of the Online Store – in this case the Seller checks whether the person has made a purchase at the Online Store, and in the case of an opinion on a Product, additionally checks whether he/she has purchased the reviewed Product. Verification is carried out without undue delay. 10.6.2 The Seller sends its Customers (including by means of an external service collecting opinions, with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase – in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Shop. 10.6.3. In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties whether a given opinion comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Online Store or has purchased the reviewed Product.
10.7. Any comments, appeals against the verification of opinions, or objections as to whether a given opinion came from the Customer or whether a given Customer bought a given Product may be submitted in a manner analogous to the complaint procedure indicated in Section 6. of the Terms and Conditions.
10.8. Seller does not post or have another person post false opinions or recommendations of Customers, and does not distort opinions or recommendations of Customers to promote its Products. Seller provides both positive and negative opinions. The Seller does not provide sponsored opinions.
11. FINAL PROVISIONS
11.1. Contracts concluded through the Online Store are concluded in the Polish language.
11.2. Amendment of the Regulations:
11.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, that is: changes in the law; changes in the methods or dates of payment or delivery, being subject to legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; addition of new Electronic Services; the need to counteract unforeseen and imminent threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
11.2.2. Notice of proposed changes shall be sent at least 15 days in advance of the effective date of such changes, provided that a change may be made without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) needs to amend its Terms and Conditions on an exceptional basis to address an unforeseen and imminent threat related to the protection of the Online Store, including the Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, the implementation of changes shall take place with immediate effect, unless a longer implementation period is possible or necessary, which shall be notified by the Service Provider in each case.
11.2.3 In the case of contracts of a continuous nature (e.g. provision of Electronic Service – Account), the Customer has the right to terminate the contract with the Service Provider before the expiration of the notification period for the proposed changes. Such termination shall become effective within 15 days of receipt of the notice. In the case of a continuous contract, the amended Terms and Conditions shall be binding on the Service Recipient if he has been duly notified of the changes in accordance with the notification period prior to their implementation and has not terminated the contract during this period. In addition, at any time after receiving notification of the changes, the Service Recipient may accept the changes being made and thus waive the continuation of the notification period. In the case of the conclusion of a contract of a nature other than continuous contracts, the amendments to the Terms and Conditions will not in any way affect the rights acquired by the Service Recipient before the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions will not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
11.2.4 In the event that an amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the contract.
11.3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of generally applicable law.
12. SAMPLE WITHDRAWAL FORM
(APPENDIX NUMBER 2 OF THE CONSUMER RIGHTS ACT)
Model withdrawal form
(This form must be completed and returned only if you wish to withdraw from the contract)
– Address:
SALES AND SERVICE COMPANY RAFAŁ ZDZIARSKI
Brzeźnica 35, 32-700 Bochnia
boskienasiona.pl
boskie.nasiona@gmail.com
– I/We(*) hereby inform(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/for the provision of the following service(*).
– Date of contract(*)/acceptance(*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete as necessary.
