The Rules of the Internet Shop www.smakop.pl
§ 1
Initial decisions
- The online Shop SMAKOP is available under the link www.smakop.pl It is managed by Fourmacja Sp. z o.o. entered in the Register of Entrepreneurs by the District Court in Kielce under the number KRS 0000566356, with a share capital of 100.000,00 PLN, tax identification number: PL5223033401, REGON: 361999544
- These Rules is directed both to Consumers as to Merchants who use the Shop and they determine the regulations of using the Internet Shop and the regulations and the procedure of concluding the Sale Contracts with the Customer over a distance through the Shop.
§ 2
Definitions
- Consumer – a natural person who concludes the contract with the Seller within the Shop and the subject of the contract is not directly connected with the business or professional activity of the natural person.
- Seller – Fourmacja Sp. z o.o. entered in the Register of Entrepreneurs by the District Court in Kielce under the number KRS 0000566356, with a share capital of 100.000,00 PLN, tax identification number: PL5223033401, REGON: 361999544
- Customer – each subject who does the shopping through the Shop.
- Merchant – a natural person, a legal person or an organization unit which is not the legal person but another act grants it the legal capacity and it carries the business activity on its own, who or which uses the Shop.
- Shop – the online shop which is managed by the Seller under the link www.smakop.pl
- ontract for a Distance – the contract concluded with the Customer within the organized system of concluding contracts for a distance (within the Shop), without the physical presence of both Parties, with the exclusive use of one or more communication means for a distance till the moment of concluding of the contract inclusive.
- Rules – herein rules of the Shop.
- Order – the Customer’s appearance of a declaration of will which is submitted with the help of the Order Form and which is going to conclude the Sale Contract of a product or some products with the Seller.
- Account – the Customer’s account in the Shop, there are gathered data which was given by the Customer and information about Orders submitted by him/her in the Shop.
- Registration Form – the form which available in the Shop and it allows to create the account.
- Order form – an interactive form which is available in the Shop and it allows to submit an Order, especially by adding Products to the Basket and defining the conditions of the Sale Contract, including the way of delivery and payment.
- Basket – an element of the Shop’s software in which are visible the Products which were chosen by the Customer to buy and there is also a possibility of defining and modification of the Order’s data, especially the amount of products.
- Product – available in the Shop moveable thing/service which is the subject of the Sale Contract between the Customer and the Seller.
- Sale Contract – a sale contract of the Product which is concluded between the Customer and the Seller by way of the Internet Shop. The Sale Contract is also understood as using for the Product’s features the provision of services and the task-specific contract.
§ 3
Contact with the Shop
- The Seller’s address: Koczwara, Rubinowa 62 Street, 26-200 Końskie, Poland
- The Seller’s e-mail: biuro@smakop.pl
- The Seller’s telephone number: +48 792 996 887
- The Seller’s bank account number:
a) Currency Polish Zloty (PLN) - Consumers from Poland
Nest Bank, Domaniewska 39A, 02-672 Warszawa
IBAN: PL77 1870 1045 2078 1068 3171 0001
BIC/SWIFT: NESBPLPW
b) Currency Euro (EUR) - Consumers from outside Poland
Alior Bank, Lopuszanska 38D, 02-232 Warszawa
IBAN: PL18 2490 1057 0000 9902 2395 1744
BIC/SWIFT: ALBPPLPW
c) Currency U.S. Dollar (USD) - Consumers from outside Poland
Alior Bank, Lopuszanska 38D, 02-232 Warszawa
IBAN: PL71 2490 1057 0000 9901 2395 1744
BIC/SWIFT: ALBPPLPW
- The Customer can communicate with the Seller by addresses and telephone numbers given in the herein paragraph.
- The Customer can communicate by telephone from 9:00 to 17:00.
§ 4
Technical requirements
If you want to use the Shop, including a review of its assortment and submission of Orders for Products, here are necessary:
- A user’s device with an access to the Internet and a browser like Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, Safari.
- An active email.
- Active cookies service.
- The installed FlashPlayer
§ 5
General information
- The Seller to the fullest extent permitted by law shall not be liable for any disturbance, including breaks in the functioning of the Shop due to the force majeure, unauthorized activity of the third parties or incompatibility of the online Shop with the technical infrastructure of the Customer.
- The review of the assortment does not require the establishment of the Account. Putting Orders by the Customer for the Products which are in the Shop’s assortment is possible after establishment of the Account according to the decisions of §6 of these Rules or by giving the necessary personal and address data which allow to execute the Order without establishment of the Account.
- Prices in the Shop are given in PLN and EUR and they are gross prices (they include tax).
- The final payable amount for the Customer consists of the price of the Product, the cost of the selected payment and the delivery cost (including transport, delivery and postal service costs), about which the Customer is informed by the Shop’s sites during placing an Order and also at the moment of will to be bound by the Sale Contract.
- If the character of the Contract’s subject does not allow to, assessing sensibly, calculate earlier the payable amount, an information about the way of its calculation, including transport, delivery and postal costs or other costs, will be given in the shop in the Product’s description.
- Seller reserves the right to refuse or cancel the order in case of an error in the price or description of the product or service, suspected fraud, no payment from the buyer or other reasons.
§ 6
Establishment of the Account in the Shop
- To establish the Account in the Shop, the registration Form should be fulfilled. The following data must be given: email, name and surname and the date of birth.
- The establishment of the Account in the Shop is free.
- We log into the Account by giving the login (email) and the password defined in the Registration Form.
- The Customer has the possibility to remove his/her Account by sending a request to the Seller each time without giving a reason and incurring in this regard any fees, especially by email or in writing on the addresses given in §3.
§7
Rules of placing an Order
With the aim of placing an Order, we shall:
- Log into the Shop (optionally).
- Select the Product which is the subject of the Order and then click the button “to the Basket” (or tantamount).
- Log in or use the possibility of placing an Order without registration.
- If the possibility of placing an Order without registration was chosen, please fulfill the Order Form by writing the Order’s receiver’s data and the address to which the Product must be delivered, select the type of the parcel (the way of delivering the Product), write data in the invoice if they are different than the Order’s receiver.
- Click the button “Order and Pay” and confirm the Order by clicking the link which was sent by mail.
- Select one of the available methods of payment and depending on it pay for the Order in the defined term, with the proviso of §8 point 3.
§ 8
The offered methods of payment
- The Customer can use the following methods of delivery and requirement of the ordered Product:
a) recorded delivery InPost - Only Customers from Poland,
b) courier COD - Only Customers from Poland,
c) courier mail,
d) personal receipt under the address: Koczwara, Rubinowa 62 Street, 26-200 Końskie, Poland.
- The Customer can use the following payment methods:
a) cash on delivery,
b) collect on delivery - Only Customers from Poland,
c) bank transfer on the Seller’s account,
d) on-line payment - Only Customers from Poland,
- For further information about delivery methods and available methods of payment see sites of the Shop.
§ 9
Fulfillment of the Sale Contract
- Concluding of the Sale Contract between the Customer and the Seller appears after previous placing an Order by the Customer with the Order Form in the Online Shop due to §7 of the Rules.
- After placing an Order, the Seller immediately confirms its receipt and concurrently accepts the Order for the implementation. The confirmation of the Order’s receipt and its acceptation for the implementation follow by sending the appropriate message to the Customer by the Seller by e-mail which was given by the Customer during placing the Order and this message contains at least a declaration of the Seller about the receipt of the Order and its acceptance for implementation and a confirmation of the concluding of the Sale Contract. When the Customer gets the above mentioned e-mail message, the Sale Contract between the Customer and the Seller is concluded.
- In case of selection by the Customer of :
a) a bank transfer, electronic payment or by a debit card, the Customer is obliged to fulfill the payment within 7 days from the date of concluding the Sale Contract, otherwise the Order will be
cancelled,
b) collect on delivery, the Customer is obliged to fulfill the payment at the parcel receipt,
c) cash on payment at the personal receipt, the Customer is obliged to fulfill the payment at the parcel receipt.
- If the Customer decided selects another delivery method than the personal one, the Product will be sent by the Seller on the date indicated in its description (with a reservation about section 5 of herein article), with the method which was chosen by the Customer at placing an Order
- In case of the Order of products with different delivery dates, the delivery date is the longest given date.
- In case of the Order of products with different delivery dates, the Customer has the possibility to demand a delivery of Products in parts or delivery of all Products after the completion of the whole Order.
- The start of the period of delivery of the Product to the Customer is counted as follows:
a) in case when the Customer selects the bank transfer, electronic payment or a debit card since the date of acknowledgement of the Seller’s account,
b) in case when the Customer selects the collect on delivery – from the date of concluding the Sale Contract.
- In case of the personal receipt of the Product by the Customer, the Product will be ready to receive on the date indicated in the Product’s description. About the readiness of the Product to receive, the Customer will be additionally informed by the Seller by sending an appropriate e-mail to the specified e-mail which was given while placing an order by the Customer.
- In case of the Order of Products on different dates of readiness to receive, the Customer is able to receive Products in parts (according to their readiness to receive) or receive all the Products after completion of the whole Order.
- The delivery of the Product can take place only on the territory of Europe.
- Delivery of the Product to the Customer is payable unless the Sale Contract says otherwise. Costs of the Product’s delivery (transport, delivery and postal service) are shown the Customer on the online Shop pages in the bookmark “The transport costs” and at placing the Order, also at the moment of the Customer’s expression of the will of being bound by the Sale Contract.
- Prices do not include taxes, tariffs or additional fees assessed by your customs broker. Customers outside of Poland may be required to pay these fees to the courier, as applicable, upon delivery.
- Personal receipt of the Product is free of charge.
- The starting point of readiness for reception of the Product by the Customer is counted as follows:
a) if the Customer selected a method of the bank transfer, electronic payment or a debit card from the date of the Seller’s bank account crediting,
b) if the Customer decided to pay cash at the personal receipt – from the date of the Sale Contract.
§ 10
Right to terminate a contract
- The Customer can renounce the Contract within 14 days without giving any reasons.
- The period referred to in the article 1 begins with the delivery of the Product to the Consumer or indicated by him/her to a person other than the Carrier.
- In case of the Contract which covers many Products which are delivered separately or in parts, the date indicated in the article 1 runs from the delivery of the last object to the parts.
- The Consumer can renounce the Contract, submitting the withdrawal from a contract to the Seller. For keeping with the time limit of the withdrawal from the Contract, it is enough to send a declaration by the Customer before the deadline.
- A declaration can be sent by a traditional mail, fax or an electronic mail through sending the declaration on the email address of the Seller or submitting the declaration on the Seller’s Internet site. Contact details of the Seller were defined in §3. The declaration can be also submitted in a form which is able to download from the Seller’s site and a schedule to the article from 30th May 2014 about the Consumer’s rights but it is not compulsory.
- In case of sending a declaration by the Consumer by an electronic mail, the Seller shall promptly send a confirmation of the receipt of the declaration of a withdrawal from the Contract.
- Effects of termination of a contract:
a) in case of withdrawal from the Contract concluded on a distance, the Contract shall be null and void,
b) in case of a withdrawal from the Contract, the Seller shall return immediately, not later than within 14 days from the date of receipt of the declaration of withdrawal from the Consumer, all
payments made by him/her, including the costs of delivery of the goods, except for the additional costs resulting from the method of delivery selected by the Customer and other than the
cheapest method of delivery offered by the Seller,
c) The Seller shall reimburse payments using the same payment methods that have been used by the Consumer at the initial transaction, unless the Consumer agreed clearly to a different
solution, which will not involve him in any costs,
d) The Seller may withhold the reimbursement until he receives the Product back or until the proof of its return is supplied to him, depending on which event occurs earlier,
e) The Consumer should immediately return the product to the address of the Seller, which was specified in these Rules, not later than 14 days from the day on which he/she informed the Seller
about the withdrawal from the Contract. The deadline is respected if the consumer returns the Product before the expiry of 14 days,
f) The Consumer bears the direct costs of returning of the Product, including the costs of returning of the Product, if due to its nature, this Product could not be normally returned by post,
g) The Consumer shall be only liable for any impairing of the Product’s value, resulting from the use of it in a different way than it was necessary to establish the nature, features and functioning of
the Product.
- In case when because of the Product’s nature, it can not be returned in the ordinary course of the post, information about it, as well as the cost of returning of the Product, shall be found in the description of the Product in the Shop.
- The right to withdraw from the distant contract is not entitled to the Customer in relation to the Contract:
a) in which the object of performance is non-prefabricated, manufactured according to the specifications of the Customer or meeting its individual needs,
b) in which the object of performance is the thing delivered in a sealed container, which can not be returned after opening due to the health protection or for hygienic reasons, if it was opened after
delivery,
c) in which the object of performance is the thing which easily undergoes spoiling or having a short shelf – life,
d) of the provision of services, if the Seller made a full service with the clear consent of the Customer, who was informed by the commencement of performance by the Seller and will loose the
right to withdraw from the Contract,
e) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control and they may occur before the deadline of a withdrawal from the Contract,
f) in which the object of the performance are things which, due to their nature, are inextricably linked with other things after delivery.
§ 11
Complaint and guarantee
- The Sale Contract covers new Products.
- The Seller is obliged to deliver a perfect thing.
- In the case of defects in the goods purchased at the Seller, the Customer has to right to claim under the provisions concerning the guarantee in the Civil Code.
- The complaint must be reported in writing or electronically with the use of the form which is available for download on the Seller’s site to the Seller’s addresses given in herein Rules.
- It is recommended to include in the complaint, among others, a brief description of the defect, the circumstances (including date) of its occurrence, the data of the complaining Customer and the Customer’s request in connection with the defect of goods.
- The Seller shall refer to request of the complaint without delay and if the Customer is a Consumer, not later than within 14 days. If the Customer is a Consumer and the Seller does not reply to the request of the complaint within 14 days, it is believed that the Customer’s demand was considered as justified.
- Goods which are sent back as a part of the complaint procedure should be sent to the address specified in §3 of the herein Rules.
- In case when the Product was provided with the guarantee, an information about it and its content shall be included in the Product’s description in the Shop.
§ 12
Extra-judicial ways of dealing with complaints and assertion of claims
- Detailed information concerning the possibility of using by the Consumer the extra-judicial means of dealing with complaints and assertion of claims and rules of access to these claims are available on the premises and on the websites of district (municipal) consumer spokesman, social organizations which statutory tasks include consumers’ protection, the Provincial Inspectorate of Trade Inspection and at the following sites of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php
http://www.uokik.gov.pl/sprawy_indywidualne.php
http://www.uokik.gov.pl/wazne_adresy.php
- The Consumer has the following model possibilities of using the extra-judicial ways of dealing with complaints and assertion of claims:
a) the Consumer is entitled to ask the permanent court of arbitration for consumers as referred to in Article 37 of the Act of 15th December 2000 on the Trade Inspection (Journal of Laws 2014,
position 148 with later amendments) with a request for a resolution of a dispute arising from the Contract concluded with the Seller,
b) the Consumer is entitled to ask the Provincial Inspector of Trade Inspection in accordance with the Article 36 of the Act of 15th December 2000 on the Trade Inspection (Journal of Laws from
2014, position 148 with later amendments) with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller,
c) the Consumer can get free help in the settlement of the dispute between him/her and the Seller, also using the free assistance of district (municipal) consumer spokesman or social organization,
which statutory tasks include consumers’ protection (among others, the Consumer Federation, the Association of Polish Consumers).
§ 13
Personal data in the Internet Shop
- The administrator of the customers’ personal data which are collected through the online Shop is the Seller.
- Customers' personal data collected by the administrator through the online Shop are collected for the purpose of the Sales Contract and if the customer agrees, also for marketing purposes.
- The recipients of the customers’ personal data of the online Shop can be:
a) in case of the Customer who uses the online Shop with the method of a post mail or courier service, the Administrator makes the collected personal data of the Customer available to the
selected carrier or intermediary delivering the package commissioned by the Administrator,
b) in case of the Customer who uses the online Shop with the method of electronic payment or credit card, the Administrator provides the collected personal data of the Customer to the selected
entity who operates the above payment in the online Shop.
- The Customer has the right to access to his/her data and correct them.
- Giving personal data is voluntary but the lack of personal data which are set out in the Rules and are necessary for the concluding of the Sale Contract results in the inability to conclude that contract.
§ 14
Final decisions
- Contracts are concluded by the online Shop only in Polish language.
- The Seller reserves the right to amend the Rules for the important reasons, that means: changes in legislations, changes in payment methods and delivery to the extent in which these changes affect the implementation of the decisions of these Rules. About each change the Seller should inform the Customer at least 7 days in advance.
- In matters which are not regulated herein, there are applied generally applicable provisions of Polish law, in particular the Civil Code, the act on electronic services, the act on consumers’ rights and the act on personal data protection.
- The Customer has the right to use the extrajudicial ways of dealing with complaints and assertion of claims. For this purpose the Customer can make a complaint via the EU’s Internet platform ODR available at: http://ec.europa.eu/consumers/odr/