Terms and Conditions of the agrochlopecki.pl Online Store

setting out, among other things, the rules for concluding sales agreements through the store and containing the most important information about the Seller, the Store, and Consumer rights.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order Fulfilment
§ 7 Right of Withdrawal
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
§ 12 Provisions Concerning Buyers Who Are Not Consumers
Appendix No. 1: Model Withdrawal Form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays.
Account – a free-of-charge Store function regulated by separate terms and conditions, provided electronically, which allows the Buyer to create an individual Account in the Store.
Consumer – a consumer within the meaning of the provisions of the Polish Civil Code.
Buyer – any entity purchasing in the Store.
Terms and Conditions – these terms and conditions.
Store – the agrochlopecki.pl online store operated by the Seller at agrochlopecki.pl.
Seller – AGRO CHŁOPECKI SPÓŁKA JAWNA with its registered office at ul. Szkolna 24B, 87-640 Czernikowo, entered in the National Court Register – register of entrepreneurs by the District Court in Toruń, 7th Commercial Division of the National Court Register, under KRS number 0000631591, NIP 8792686039, REGON number 36514894900000.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Szkolna 24B, 87-640 Czernikowo
2. E-mail address: sklep@agrochlopecki.pl
3. Telephone: +48505185399
4. Address for returning goods in the event of withdrawal from the agreement: 87-640 Czernikowo, ul. Toruńska 68.
5. Address for sending complained-about goods: 87-640 Czernikowo, ul. Toruńska 68.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, the following are required:
   • a device with Internet access
   • a web browser supporting JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements specified in section 1, an active e-mail account is required.

§ 4 PURCHASES IN THE STORE

1. The prices of goods visible in the Store are total prices for the goods and include VAT.
2. The Seller points out that the total price of the order consists of the price of the goods indicated in the Store and, where applicable, the costs of delivery of the goods.
3. The goods selected for purchase should be added to the shopping cart in the Store.
4. The Buyer then selects from the options available in the Store the delivery method and payment method for the order, and provides the data necessary to fulfil the order placed.
5. The order is placed at the moment when the Buyer confirms its content and accepts the Terms and Conditions.
6. Placing an order is equivalent to concluding a sales agreement between the Buyer and the Seller.
7. The Seller shall provide the Consumer with confirmation of the conclusion of the sales agreement on a durable medium no later than at the time of delivery of the goods.
8. The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing their data with each possible order.

§ 5 PAYMENTS

1. The order placed may be paid for, depending on the Buyer's choice:
   1. by ordinary bank transfer to the Seller's bank account.
   2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via a payment platform:
      • Płatności Shoper
      • dotpay
      • Przelewy24
   4. cash on delivery, i.e. by card or in cash upon delivery of the goods to the Buyer.
2. If payment via the Płatności Shoper payment platform is selected, the entity providing online payment services is Blue Media S.A.
3. If the Buyer selects advance payment, the order must be paid for within 3 Business Days from placing the order.
4. The Seller informs that, due to the specific nature of certain payment methods, payment for the order using such a method is possible only immediately after placing the order.
5. By making purchases in the Store, the Buyer accepts the Seller's use of electronic invoices. The Buyer has the right to withdraw this acceptance.

§ 6 ORDER FULFILMENT

1. The Seller is obliged to deliver goods free from defects.
2. The order fulfilment time is indicated in the Store.
3. If the Buyer has selected advance payment for the order, the Seller shall begin fulfilling the order after it has been paid for.
4. If, under one order, the Buyer has purchased goods with different fulfilment times, the order shall be fulfilled within the period applicable to the goods with the longest fulfilment time.
5. Countries to which delivery is made:
   • Republic of Poland
   • Germany
   • Great Britain
   • France
   • Czech Republic
   • Slovakia
   • Lithuania
   • Romania
   • Austria
6. Goods purchased in the Store are delivered depending on the delivery method selected by the Buyer:
   1. via a courier company
   2. via Poczta Polska, the Polish postal service
7. The Buyer may collect the goods in person at the company’s registered office during its opening hours.
8. If the Buyer selects personal collection, the goods will be ready for collection within the indicated order fulfilment time, and if the Seller has indicated a dispatch date, on that date.

§ 7 RIGHT OF WITHDRAWAL

1. The Consumer has the right to withdraw from an agreement concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
2. The withdrawal period expires after 14 days from the day:
   1. on which the Consumer acquired possession of the goods, or on which a third party other than the carrier and indicated by the Consumer acquired possession of the goods.
   2. on which the Consumer acquired possession of the last item, or on which a third party other than the carrier and indicated by the Consumer acquired possession of the last item, in the case of an agreement requiring the transfer of ownership of multiple items delivered separately.
   3. of conclusion of the agreement – in the case of an agreement for the supply of digital content.
3. To exercise the right of withdrawal, the Consumer must inform the Seller, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the agreement by means of an unequivocal statement, for example a letter sent by post or information sent by e-mail.
4. The Consumer may use the model withdrawal form included at the end of the Terms and Conditions, but this is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Consumer to send the information concerning the exercise of the right of withdrawal before the withdrawal period expires.
   
   EFFECTS OF WITHDRAWAL
6. In the event of withdrawal from the concluded agreement, the Seller shall reimburse the Consumer for all payments received from them, including the costs of delivery of the goods, except for additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller, without delay and in any event no later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal.
7. The Seller shall make the reimbursement using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer agrees to another solution. In any event, the Consumer shall not incur any fees as a result of such reimbursement.
8. The Seller may withhold reimbursement until the goods have been received back or until the Consumer has supplied evidence of having sent the goods back, whichever occurs first.
9. The Seller asks that the goods be returned to the following address: 87-640 Czernikowo, ul. Toruńska 68, without delay and in any event no later than 14 days from the day on which the Consumer informed the Seller of withdrawal from the sales agreement. The deadline is met if the Consumer sends back the goods before the 14-day period expires.
10. The Consumer bears the direct costs of returning the goods.
11. The Consumer is liable only for any decrease in the value of the goods resulting from using them in a manner other than was necessary to establish the nature, characteristics, and functioning of the goods.
12. If, due to its nature, the goods cannot be returned by ordinary post, the Consumer shall also bear the direct costs of returning the goods. The Consumer shall be informed by the Seller about the estimated amount of these costs in the description of the goods in the Store or during the ordering process.
13. If it is necessary to refund funds for a transaction made by the Consumer using a payment card, the Seller shall make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a distance contract does not apply to the Consumer in relation to an agreement:
   1. where the subject of the service is a non-prefabricated item manufactured according to the Consumer's specifications or intended to satisfy their individualised needs.
   2. where the subject of the service is an item that deteriorates rapidly or has a short shelf life.
   3. where the subject of the service is an item delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery.
   4. where the subject of the service consists of items which, after delivery, due to their nature, become inseparably connected with other items.
   5. where the subject of the service consists of sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery.
   6. for the supply of newspapers, periodicals, or magazines, with the exception of a subscription agreement.
   7. where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the withdrawal period expires.
   8. for the supply of digital content that is not supplied on a tangible medium, if the performance of the service began with the Consumer’s express consent before the withdrawal period expired and after the Consumer was informed by the entrepreneur about the loss of the right of withdrawal.

§ 9 COMPLAINTS

1. If a defect in the goods occurs, the Buyer may complain about the defective goods on the basis of the statutory warranty regulated in the Polish Civil Code or a commercial guarantee, if such a guarantee has been granted.
2. When using the statutory warranty, the Buyer may, under the rules and within the time limits specified in the Polish Civil Code:
   1. submit a statement on price reduction
   2. in the case of a significant defect, submit a statement on withdrawal from the agreement
   3. demand replacement of the item with one free from defects
   4. demand removal of the defect
3. The Seller asks that complaints based on the statutory warranty be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
4. If it turns out that, in order to consider the complaint, it is necessary to deliver the complained-about goods to the Seller, the Buyer is obliged to deliver those goods, in the case of a Consumer at the Seller's expense, to the address: 87-640 Czernikowo, ul. Toruńska 68.
5. If an additional guarantee has been granted for the goods, information about it and its conditions is available in the product description in the Store.
6. Complaints concerning the operation of the Store should be sent to the e-mail address indicated in § 2 of the Terms and Conditions.
7. The Seller shall consider the complaint within up to 14 days.
   
   OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
8. If the complaint procedure does not produce the result expected by the Consumer, the Consumer may use, among other things:
   1. mediation conducted by the locally competent Voivodeship Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
   2. assistance from the locally competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application should be submitted for the case to be heard by an arbitration court. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
   3. free assistance from a municipal or district Consumer Ombudsman.
   4. the online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

1. The controller of personal data provided by the Buyer while using the Store is the Seller.
2. The Buyer's personal data are processed mainly on the basis of the agreement and for the purpose of its performance, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) (GDPR). Detailed information concerning data processing by the Seller is included in the privacy policy available in the Store.

§ 11 RESERVATIONS

1. The Buyer is prohibited from providing unlawful content.
2. Each order placed in the Store constitutes a separate sales agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the time and purpose of order fulfilment.
3. Agreements concluded on the basis of these Terms and Conditions are concluded in the Polish language.
4. No provision of these Terms and Conditions excludes or in any way limits the Consumer's rights arising from legal provisions.
5. The provisions concerning goods and sales agreements apply accordingly to digital content and agreements for the supply of digital content, unless the Terms and Conditions regulate these matters separately.

§ 12 PROVISIONS CONCERNING BUYERS WHO ARE NOT CONSUMERS

1. The right of withdrawal from a distance contract does not apply to an entity other than a Consumer.
2. Any liability of the Seller towards a Buyer who is not a Consumer is limited to the amount of the order placed by the Buyer.
3. The Seller's liability under the statutory warranty towards a Buyer who is not a Consumer is limited to one year from the delivery of the goods to the Buyer.
4. In the event of any dispute with a Buyer who is not a Consumer, the court competent for the Seller's registered office shall have jurisdiction.

Appendix No. 1 to the Terms and Conditions

Below is a model withdrawal form which the Consumer may, but does not have to, use:

MODEL WITHDRAWAL FORM
This form should be completed and returned only if you wish to withdraw from the agreement.

AGRO CHŁOPECKI SPÓŁKA JAWNA
ul. Szkolna 24B, 87-640 Czernikowo
e-mail address: sklep@agrochlopecki.pl

- I/We(*) ..................................................................... hereby inform you of my/our(*) withdrawal from the sales agreement for the following goods(*) / for the provision of the following service(*) / for the supply of digital content in the form of(*):

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

- Date of conclusion of the agreement^(*)/receipt^(*) ..........................................................................................................................

- Name and surname of the Consumer(s): ..............................................................................................................................

- Address of the Consumer(s): ..........................................................................................................................................

..................................................................................................................................................................................

.............................................................................................
Signature of the Consumer
only if the form is sent in paper form


Date ............................................

(*) Delete as appropriate.

Account Terms and Conditions

Account terms and conditions in the agrochlopecki.pl store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 Reservations

§ 1 DEFINITIONS

Account – a free-of-charge Store function regulated in these terms and conditions, provided as a service, which allows the Buyer to create an individual Account in the Store.
Buyer – any entity purchasing in the Store.
Store – the agrochlopecki.pl online store operated by the Seller at agrochlopecki.pl.
Seller – AGRO CHŁOPECKI SPÓŁKA JAWNA with its registered office at ul. Szkolna 24B, 87-640 Czernikowo, entered in the National Court Register – register of entrepreneurs by the District Court in Toruń, 7th Commercial Division of the National Court Register, under KRS number 0000631591, NIP 8792686039, REGON number 36514894900000.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Szkolna 24B, 87-640 Czernikowo
2. E-mail address: sklep@agrochlopecki.pl
3. Telephone: +48505185399

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning and creation of an Account, the following are required:
   • an active e-mail account
   • a device with Internet access
   • a web browser supporting JavaScript and cookies

§ 4 ACCOUNT

1. Creating an Account is entirely voluntary and depends on the Buyer's will.
2. The Account provides the Buyer with additional possibilities, such as viewing the history of orders placed by the Buyer in the Store, checking the order status, or independently editing the Buyer's data.
3. To create an Account, the relevant form in the Store must be completed.
4. At the moment of creating an Account, an agreement for maintaining the Account is concluded for an indefinite period between the Buyer and the Seller, under the rules set out in these terms and conditions.
5. The Buyer may resign from the Account at any time without incurring any costs.
6. To resign from the Account, the Buyer must send their resignation to the Seller at the e-mail address sklep@agrochlopecki.pl, which will result in the immediate deletion of the Account and termination of the agreement for maintaining the Account.

§ 5 COMPLAINTS

1. Complaints concerning the functioning of the Account should be sent to the e-mail address sklep@agrochlopecki.pl.
2. The Seller shall consider the complaint within up to 14 days.
   
   OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
3. If the complaint procedure does not produce the result expected by the Consumer, the Consumer may use, among other things:
   1. mediation conducted by the locally competent Voivodeship Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
   2. assistance from the locally competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application should be submitted for the case to be heard by an arbitration court. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
   3. the online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 6 PERSONAL DATA

1. The controller of personal data provided by the Buyer while using the Store is the Seller.
2. The Buyer's personal data are processed mainly on the basis of the agreement and for the purpose of its performance, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) (GDPR). Detailed information concerning data processing by the Seller is included in the privacy policy available in the Store.

§ 7 RESERVATIONS

1. The Buyer is prohibited from providing unlawful content.
2. The agreement for maintaining the Account is concluded in the Polish language.
3. If there are important reasons referred to in section 4, the Seller has the right to amend these Account Terms and Conditions.
4. The important reasons referred to in section 3 are:
   1. the need to adapt the Store to legal provisions applicable to the Store's activity
   2. improving the security of the provided service
   3. a change in the Account functionality requiring modification of the Account Terms and Conditions.
5. The Buyer shall be informed of the planned amendment to the Account Terms and Conditions at least 7 days before the amendment enters into force, via an e-mail sent to the address assigned to the Account.
6. If the Buyer does not accept the planned amendment, they should inform the Seller by sending an appropriate message to the Seller's e-mail address sklep@agrochlopecki.pl. This will result in termination of the agreement for maintaining the Account upon the entry into force of the planned amendment, or earlier if the Buyer requests it.
7. If the Buyer does not object to the planned amendment before it enters into force, it shall be deemed that they accept it, which does not prevent termination of the agreement in the future.
8. In the event of any dispute with a Buyer who is not a Consumer, the court competent for the Seller's registered office shall have jurisdiction.
9. No provision of these Account Terms and Conditions excludes or in any way limits the Consumer's rights arising from legal provisions.