Regulations of Freshtek.pl online store
§ 1 PRELIMINARY PROVISIONS
1) Freshtek.pl online store is operated by Freshtek Jacek Chojnacki registered in the Central Register of Economic Activity and Information kept by the Minister of Economy, REGON number 220778812, NIP number 543-184-27-46
2) These Terms and Conditions constitute the rules for conclusion of distance sales agreements concluded through the Store.
§2 DEFINITIONS
1. Consumer – a natural person making a legal transaction with the Entrepreneur within the Freshtek.pl store which is not directly related to his/her business or professional activity
2. Entrepreneur – Freshtek Jacek Chojnacki, with registered office at ul.Tomasza Edisona 24, 80-172 Gdańsk, entered in the Central Register and Information on Business Activity conducted by the Minister of Economy, REGON no. 220778812, NIP no. 543-184-27-46
3. User – any entity making purchases through the Store.
4.Store – an online store operated by the Entrepreneur under the address
http://freshtek.pl/sklep.
§ 3 CONTACT
1. business address: 24 Tomasza Edison Street, 80-172 Gdańsk
2. E-mail address: zamowienia@freshtek.pl
3. Phone number: 501621440
4. The consumer can communicate with the Entrepreneur through the addresses and data given in this paragraph.
§ 4 PRELIMINARY INFORMATION
1) The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
2) The final price of the order consists of the price for the goods and the cost of delivery indicated on the pages of the Store.
§ 5 PERFORMANCE OF THE SALES CONTRACT
1. the User should pay the Entrepreneur for the purchased goods within 14 days or at the time of delivery of the goods – depending on the payment method selected when placing the order.
2. the User may use, among others, the following payment methods:
a. bank transfer
b. on delivery (cash on delivery)
3. detailed information on accepted payment methods can be found on the Shop pages.
4.. the Goods will be shipped by the Entrepreneur within the time indicated in the description of the goods, in the manner selected by the Consumer when placing the order.
5. Delivery of goods is made only in Poland.
§ 6 RIGHT OF WITHDRAWAL
(1) The consumer has the right to withdraw from the contract within 14 days without giving any reason.
(2) The period for withdrawal shall expire after 14 days from the date on which the Consumer took possession of the item or on which a third party other than the carrier and indicated by the Consumer took possession of the item.
(3) In order to exercise the right of withdrawal, the Consumer must inform the Entrepreneur of his decision to withdraw from the contract by an unequivocal statement – using the Entrepreneur’s data provided in these terms and conditions.
(4) The consumer may use the model withdrawal form at the end of these terms and conditions, but it is not mandatory.
(5) In order to comply with the deadline for withdrawal, it is sufficient for the Consumer to send information on the exercise of the right of withdrawal before the expiry of the deadline for
withdrawal.
6 Effects of withdrawal:
a. in the event of withdrawal from the contract, the Entrepreneur shall return to the Consumer all payments received from the Consumer, including the costs of delivery of the item (except: additional costs resulting from the method of delivery chosen by the Consumer
other than the cheapest ordinary method of delivery offered by the Entrepreneur in the Store), immediately, and in any case no later than 14 days from the date on which the Entrepreneur was informed of the decision of the Consumer to exercise the right of withdrawal.;
b. the Entrepreneur will refund the payment using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution; in any case the Consumer will not incur any fees
in connection with the refund;
c. The Entrepreneur may withhold reimbursement until he receives the goods or until he is provided with proof of their return, whichever event occurs first;
d. The Consumer should send the goods back to the Entrepreneur’s address given in these terms and conditions immediately, and in any case no later than 14 days from the day on which he informed the Entrepreneur of his withdrawal from the contract. The deadline will be met if the Consumer sends back the goods before the expiration of the 14-day period;
e. The Consumer shall bear the direct costs of returning the item;
f. The Consumer shall be liable only for the diminution in the value of the item resulting from the use of the item in a manner other than necessary to ascertain the nature, characteristics and functioning of the item.
7. In the event that, due to its nature, the item cannot be returned by mail in the usual manner, information about this, as well as the cost of returning the item, will be located in the description of the item in the Store.
§ 7 COMPLAINT AND WARRANTY
1) The Entrepreneur is obliged to deliver goods free from defects.
2) In case of a defect of goods purchased from the Entrepreneur, the Consumer is entitled to make a complaint based on the warranty regulated by the Civil Code.
3.. complaint should be made in writing or electronically to the address of the Entrepreneur given in these terms and conditions.
4. It is recommended to include in the complaint, among others, a brief description of the defect, the date of its occurrence, data of the Consumer making the complaint and the Consumer’s demand in connection with the defect of the goods.
5.The Entrepreneur shall respond to the Consumer’s complaint request within 14 days, and if he fails to do so within this period, it is considered that the Consumer’s request was considered justified.
6. Goods returned under the complaint procedure should be sent to the address specified in § 3 of the Terms and Conditions.
7. If a warranty has been granted for the product, information about it, as well as its content, will be included in the description of the product in the Shop.
§ 8 NON-JUDICIAL METHODS FOR THE DISPUTE OF COMPLAINTS AND RECEIVING CLAIMS
REDRESS OF GRIEVANCES
(1) The consumer has the opportunity to take advantage of, among other things. from:
a. mediation conducted by the Provincial Trade Inspection Inspectorates.
b. assistance of permanent amicable consumer courts operating at Provincial Inspectorates of Trade Inspection
§ 9 PERSONAL DATA
1. the User, when making purchases in the Store, voluntarily provides his/her data, which are necessary to complete the order and will be processed by the Entrepreneur for this purpose.
2. the User has the right to inspect personal data concerning him and to request their correction.
3. the Entrepreneur is the administrator of personal data.
§ 10 FINAL PROVISIONS
(1) In matters not regulated by these regulations, the generally applicable provisions of Polish law shall apply, in particular: the Act on Consumer Rights of May 30, 2014, the Civil Code Act of April 23, 1964 and the Civil Procedure Code Act
of November 17, 1964.
(2) The sales contract concluded on the basis of these regulations relates to a specific order and is concluded for the implementation of a single order. Each order requires separate acceptance of the terms and conditions.
Below is a sample withdrawal form that can be used by the Consumer
MODEL FOR WITHDRAWAL FROM CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
– Entrepreneur’s data: Freshtek Jacek Chojnacki, with registered office: 24 Tomasz Edison Street, 80-172 Gdańsk entered in the Central Register and Information on Business Activity conducted by the Minister of Economy, REGON No. 220778812, NIP No. 543-184-27-46, e-mail: zamowienia@freshtek.pl, phone: 501621440
– I/We * hereby inform/we * about my/our withdrawal from the contract of sale of the following items *
– Date of receipt
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent in hard copy)
– Date
* delete as appropriate.