TERMS AND CONDITIONS



I. GENERAL PROVISIONS

1. The “jpczekolada.com” internet store, hereafter referred to as ‘the store’ markets goods produced by the following seller-entrepreneur:

Jakub Piątkowski Czekolada
ul. Władysława Taklińskiego 42a lok. 1
30-499 Kraków
email: jpczekolada@gmx.com
tel. 606-955-048
Polish Tax ID No. (NIP): 6792765803
National Business Registry No. (REGON): 363435490 

2. The store enables purchase of goods over the Internet.

3. All comments, opinions and queries regarding the functioning and the activity of the store should be addressed to: jpczekolada@gmx,com.


4. The content published on the store website does not constitute an offer to conclude an agreement pursuant to Art. 66 of the Polish Civil Code. The content of the store website, the range of goods and prices advertised on the website constitute a call to conclude an agreement pursuant to Art. 71 of the Polish Civil Code. The term “offer” used in these Terms shall be understood as outlined in this paragraph.

II. PLACING ORDERS

1. In order to conclude a purchase agreement, it is necessary to place an order on the jpczekolada.com store website.

2. Orders may be placed over the Internet by means of an order form located on the store website.

3. For an order to be accepted by the store, it is necessary to complete an order form correctly and, at a minimum, enter all details marked as mandatory in the form. Submitting an order form with mandatory details missing is not understood as placing an order.

4. For an order to be placed correctly, it must include, at a minimum, the following details of the Buyer:
    
    — email address (for order verification purposes),
    — given name,
    — surname,
    — address details: street/square/estate, house/apartment number,
    — postal code,
    — town/city,
    — country.
 
5. Once an order is placed, a message containing its specification will be sent to the email address provided in the order form.

6. In case an order payment is not received within 7 days, the store will automatically cancel the order.

7. The Buyer may cancel an order or change its contents by replying to the order confirmation email and specifying the requested change in their reply.

8. An order may only refer to the range of goods and prices specified on the store website.

9. With respect to promotional and seasonal sales, the range of goods included in such offers is limited in quantity. The store realizes confirmed orders placed for goods included in such sales following the sequence of confirmations received and until stocks run out. The store reserves the right to introduce changes in promotional or seasonal sales, or cancel such sales by posting a relevant notice on its website. The prices of goods on promotional sales do not include the cost of delivery.

10. An order will not be processed until the total amount of the order and the delivery cost is received in the seller’s account.

III. PRICES AND PAYMENTS

1. All selling prices of the goods on the store offer are gross Polish currency (PLN) prices. A VAT invoice is issued at the request of the Buyer on the day when all the goods ordered by the Buyer have been produced, completed, and are ready for shipment.

2. Prices advertised on the store website are only valid in the Internet store offer. The range of goods and prices on the store website is not to be understood as equivalent to the offer of stationary stores or distribution outlets.

3. Selling prices advertised on the store website do not include the cost of delivery.

4. The cost of delivery of goods ordered is determined at the time of placing an order and selecting the shipment method, and is borne by the Buyer. The cost of delivery is added to the selling price and totalled in the invoice or the bill.

5. The store reserves the right to change the selling prices of goods on offer without prior notice, including the right to change and add new goods to the range of goods on offer.

6. Orders confirmed by the Buyer and accepted by the store are realised at the prices listed in the order placed by the Buyer.

7. The Buyer may select from the following methods of payment:

    a) prepayment – a transfer to the Seller’s bank account held at the Deutsche Bank, acct no.: 07 1910 1048 4011 2743 1111 0001. The total amount due transferred by the Buyer into this bank account must include the selling price of the goods ordered and the cost of delivery. The title of the transfer must state the order number. The goods are shipped on receipt of the total amount due.
    b) online payment via the tpay payment site (www.tpay.pl), where bank transfer and card payments are accepted.

IV. DELIVERY OF GOODS ORDERED

1. The goods ordered are shipped by the Polish Post (Poczta Polska) or a mail delivery service. The shipping fee depends on the weight of goods ordered and is calculated automatically at the time of completing an order form.

2. The goods ordered are shipped within 7 days of receipt of the full payment of the amount due.

3. In the event of a temporary shortage of goods or any other factors that may prevent the completion of the order at a given moment, the store will immediately advise the Buyer of this circumstance.

4. The Buyer will collect an order that is delivered properly, where the quantity and type of goods delivered comply with in the order form, and that does not bear signs of damage.

5. The goods ordered become the property of the Buyer at the time of shipping the order.

V. COMPLAINTS AND RETURNS

1. The store endeavours to ensure that goods shipped to the Buyer are free of any defects. For this reason, all goods ordered are cautiously examined prior to packing. Nevertheless, should the Buyer find any defects in the goods received, or locate mechanical transport damage that it is impossible to determine at the time of delivery by the Polish Post (Poczta Polska) or the mail delivery service, the Buyer will immediately notify the store electronically and return the goods to the following address:

Jakub Piątkowski Czekolada, ul. Władysława Taklińskiego 42a lok.1, 30-499 Kraków, Polska.

2. Prior to accepting the shipment, the Buyer will verify if goods are as ordered and whether the parcel does not bear signs of transport damage or tampering (in a way that significantly affects the goods ordered). In the event that the parcel has been tampered with and the goods are damaged, the Buyer should refuse to accept the order and complete a transit complaint protocol. In accordance with transport law, completing the said protocol forms grounds of processing the Buyer’s complaint concerning transport damage.

3. In accordance with applicable law, a consumer who has concluded an agreement remotely or outside of the entrepreneur’s premises, may withdraw from the agreement without giving any reason within 14 days.

4. Pursuant to the Act of 30 May 2014 on Consumer Rights and the Regulation of the Minister of Economy, Labour and Social Policy of 30 January 2003 on terms of notifying the seller of noticing nonconformity of a food product with the agreement, the Buyer will lose the rights arising from nonconformity of a food product with the agreement on failing to notify the Seller of the said nonconformity immediately on noticing it, but not later than 3 days of the date of receipt of the goods delivered to the Buyer’s place of residence.

5. The return of costs totalling the selling price will occur immediately on the return of goods ordered, not later than 14 days of that date. In the event of failure to return the goods ordered, the store reserves the right to withhold the return of costs totalling the selling price until the receipt of the goods ordered. The return of costs totalling the selling price will occur via a transfer into the Buyer’s account.

6. The method of shipping the goods being returned is agreed on at the time of lodging the complaint.

7. The goods returned should be shipped along with the Buyer’s statement of withdrawing from the agreement.

8. If a VAT invoice has been issued, for the return of the selling price amount to be effective, it is necessary to deliver to the Seller a signed copy of a corrective VAT invoice.

9. The store will not accept any deliveries or return of goods using the cash on delivery payment method.

10. The Buyer will bear the cost of shipping the goods returned. Notwithstanding this, once the complaint is processed and honoured, the store will reimburse the costs of shipping the said goods as part of the complaints procedure.

11. In the event that an order is returned to the store further to advising an incorrect or incomplete delivery address, refusal to accept the parcel by the recipient, or failure to collect the parcel within a specified term, the Buyer will bear, as required, the cost of reshipping and/or returning the order.

12. The Buyer will comply with fees and rates (including verification, examination, travel and shipment) for services related to unfounded complaints as specified by the Seller. At the request of the Buyer, the Seller will send the Buyer the table of fees and rates. The costs of shipment are based on the rates listed on the tables of the Polish Post (Poczta Polska) or the delivery company.

VI. FINAL PROVISIONS

1. Pursuant to the Personal Data Protection Act of 29 August 1997 (consolidated text: Journal of Laws from 2002, No. 101, item 926 with later amendments), the personal details of the Buyer are entered into the store database and maintained by Jakub Piątkowski Czekolada only for the purposes of processing orders and marketing. The said details will not be disclosed to other parties except as specified and to the extent stated in the above-mentioned Act. At any time, the Buyer has the right to review and amend their personal details, withdraw the permission to have them processed and raise objections in this respect. All queries regarding the store privacy policy should be addressed to: jpczekolada@gmx.com.

2. All matters not covered in these Terms and Conditions shall be governed by the provisions of the Polish Civil Code and the Acts referred to herein.

3. The Buyer agrees to receiving information regarding the store at the email address provided to the store pursuant to the Act of 18 July 2002 on Electronic Services (Journal of Laws from 2002, No. 144, item 1204, with later amendments). In order to unsubscribe from the mailing list, the Buyer should address an opt-out request to jpczekolada@gmx.com.

4. By placing an order, the Buyer declares having read, understood and fully accepting these Terms and Conditions. In case of doubts regarding the contents of the Terms and Conditions, rights and obligations of the store or the Buyer, the Buyer is requested to address a query to the store at jpczekolada@gmx.com. The store will provide all clarifications by replying to the Buyer’s email query.

5. Until the time of receipt of the final and full payment from the Buyer, all goods are the property of Jakub Piątkowski Czekolada.

 6. Jakub Piątkowski Czekolada reserves the right to change these Terms without prior notice. The changes will not apply to orders that have been accepted and are being realised.

 The Buyer should read and confirm the contents of the Terms current at the time of placing each order.