Shop rules
§ 1
Preliminary provisions.
- Eatyx online store, available at eatyx.com (including subpages and tabs located at this address), is run by eatyx Polska Sp. z o. o. based in Kraków, Al. 3 Maja 9, 30-062 Kraków, registered in the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division, under KRS number: 0001005514, REGON: 523795322, NIP: 6772487175, with a share capital of PLN 10,000,000 PLN .00, BDO registration number: 000597279.
- Before using the Store, the User is obliged to read the Regulations. After accepting the content of the Regulations, the User is obliged to comply with them. Starting to use the Store and the services provided through it is tantamount to accepting the provisions of the Regulations.
- The Regulations with the currently applicable content are available free of charge in the Store, via a link available on the Store's home page. www.eatyx.com and in a printed version at the Seller's office.
- The content of the Regulations may be recorded by the Store user by printing, saving on a medium or downloading at any time from the website. Store (Regulations available for download in .pdf format) .
- In the scope of services provided electronically, these Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
§ 2
Definitions.
- Registration form – form available in the Store, enabling the creation of an Account.
- The order form – an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of executing the Order and payment for the purchased Products.
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Customer - any entity placing an Order in the Store (Consumer, Entrepreneur or Entrepreneur with Consumer rights), and the Customer can only be:
- a natural person with full legal capacity (i.e. persons over 18 years of age, not fully or partially incapacitated), or
- legal person;
- an organizational unit that is not a legal person, which is granted legal capacity by law.
- Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
- Account – the Customer's account in the Store and the System, which collects data provided by the Customer and information about Orders placed by him in the Store.
- Basket – an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the number of Products or Product packaging.
- System Customer Panel - System functionality that allows the Customer to track all operations related to the execution of his Order.
- Product – a movable item available in the Store's offer on the day of placing the order, which is the subject of the Sales Agreement between the Customer and the Seller, to which the Seller holds the ownership rights.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, conducting business or professional activity on its own behalf, and which uses the Store; in the case of a natural person, an Entrepreneur is considered a natural person placing an Order in the Online Store for purposes directly related to his/her business activity, when the content of the Sales Agreement shows that it is of a professional nature for him, resulting in particular from the subject of his business activity, made available pursuant to the provisions on the Central Registration and Information on Business.
- Entrepreneur with Consumer rights – a natural person performing legal transactions directly related to his/her business activity, when the content of this activity 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 Registration and Information on Business Activity.
- Statute – these Store regulations. In the scope of services provided electronically, the Regulations are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services.
- Store – website run by the Seller at the website address www.eatyx.com (including subpages and tabs located at this address).
- Seller – eatyx Polska sp. z o. o. based in Kraków, Al. 3 Maja 9, 30-062 Kraków, registered in the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division, under KRS number: 0001005514, REGON: 523795322, NIP: 6772487175, with a share capital of PLN 10,000,000 PLN .00, large entrepreneur within the meaning of Art. 4 section 6 of the Act of March 8, 2013 on counteracting excessive delays in commercial transactions.
- System – an IT system that enables the implementation of the functionalities described in the Regulations.
- Sales agreement – a contract concluded with the Customer as part of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- Consumer Rights Act – Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, i.e. Journal of Laws of 2020, item 287, as amended).
- Act on the provision of electronic services – Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2002, No. 144, item 1204, i.e. Journal of Laws of 2020, item 344, as amended).
- Order – the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for the Product or Products with the Seller.
§ 3
Contact the Store.
- Seller's address : eatyx Polska sp. z o.o., Al. 3 Maja 9, 30‑062 Kraków.
- Seller's e-mail address : sklep@eatyx.shop
- Seller's telephone number : + 48 696 036 564 (call fee in accordance with the operator's tariff package).
- Seller's bank account number: 74114010810000437875001008.
- The Customer may communicate with the Seller using the addresses and telephone numbers indicated in this paragraph.
- The Customer may communicate with the Seller by phone from Monday to Friday, excluding public holidays, from 9:00 a.m. to 5:00 p.m.
§ 4
Technical requirements. Electronic services.
- To use the Store, including viewing the Store's assortment and placing orders for Products, you need:
- end device with access to the Internet and an installed web browser,
- active e-mail account,
- file support enabled cookies – necessary to place an Order, with details regarding files cookies used in the Store can be found in Privacy Policy
- The public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned threats. In particular, Customers should use anti-virus programs and programs that protect the identity of Internet users.
- Within the Store, users are prohibited from using viruses, bots, worms or other computer codes, files or programs (in particular scripts and applications automating processes or other codes, files or tools).
- The Seller is not responsible for the content of other websites and portals to which the Customer may be redirected using links placed in the Online Store (e.g. courier companies or payment operators).
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The Seller provides the following electronic services to Customers free of charge via the Store:
- enabling Customers to place Orders and conclude Sales Agreements on the terms set out in these Regulations;
- enabling viewing of materials and content posted in the Online Store;
- Account – in the case of registration;
- Basket;
- Contact form;
- Newsletter.
- The use of any of the above-mentioned electronic services cannot in any way be used to provide illegal content by the Customer.
- Complaints related to the provision of electronic services may be submitted under the terms set out in § 19 of the Regulations.
- Details about the purpose of storing and accessing information using files cookies , as well as the possibility for the Customer to specify the conditions for storing or gaining access to the information contained in the files cookies , using software settings installed in the telecommunications end device used by the Customer or service configuration can be found on the website www.eatyx.com in the Privacy Policy
§ 5
General information.
- To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store caused in particular by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
- The Seller declares that the content available in the Store is not illegal and the Seller has all rights to distribute it.
- Browsing the Store's assortment does not require creating an Account.
- The Customer may place orders for Products included in the Store's assortment either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data in the Order Form, enabling the execution of the Order without creating an Account.
- The prices given in the Store are given in Polish zloty and are gross prices (including VAT), unless otherwise indicated in a given case.
- The final (final) amount to be paid by the Customer consists of the price for the Product, the cost of delivering the Product to the Customer and an additional cost that may be related to the form of payment chosen by the Customer, about which costs the Customer is informed on the Store's website when placing the Order. – at the time of expressing the will to be bound by the Sales Agreement.
- When the nature of the subject matter of the Sales Agreement does not allow, reasonably to be assessed, the prior calculation of the final (final) price, information on the method in which the price will be calculated, as well as on delivery fees, will be provided in the Store in the Product description.
- In each case of reducing the price of a Product, next to information about the reduced price, information about the lowest price of this product or service that was valid in the period of 30 days before the introduction of the reduction is also displayed. If a given Product is offered for sale for a period of less than 30 days, in addition to information about the reduced price, information about the lowest price of this Product, which was valid in the period from the date of offering this product or service for sale to the date of introduction of the discount, is also displayed. In the case of Products that deteriorate quickly or have a short shelf life, next to the information about the reduced price, information about the price before the first application of the discount is displayed.
- The Seller may organize promotional campaigns, including: by providing specific Customers with discount codes or promotional coupons, the rules of which will be specified in separate regulations published on the Store's website. § 17 of the Regulations sets out the rules of the " Discount Code " promotional campaign.
- The main features of the service, including the subject of the service and the method of communication with the Customer, are specified on the product page or in another manner appropriate for a given Product, within the Store. If the Product does not have specific features, properties or functions (e.g. it is an outlet product), the Seller will clearly inform the Customer about this before placing the Order.
§ 6
Creating an Account in the Store. Basket.
- Service Accounts is a service provided by the Seller, which is provided free of charge for an indefinite period of time in order to fully use all functions of the Online Store.
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Additionally, the Seller provides the following services to Customers who have created an Account via the Online Store:
- maintaining the Customer's session after the Customer logs in to the Account (using a browser);
- storing and making available to the Customer via the Order History Account,
- enabling changes to the Customer's data within the Account.
- To create an Account in the Store, please complete the Registration Form, providing your name, surname, residential/registered address, telephone number, Tax Identification Number (in the case of Entrepreneurs and Entrepreneurs with Consumer rights), e-mail address and password, as well as mark the declaration of having read and expressing consent to be bound by the provisions of the Regulations and the Store's Privacy Policy.
- To gain access to your Account after completing the Registration Form, you must confirm your registration by clicking the link sent to the e-mail address provided in the Registration Form.
- As an alternative to actions performed in accordance with section 3 and 4 above, it is possible to log in to the Store using a Google account or a Facebook account or Apple ID (the Customer's use of external authentication services to log in is in accordance with the rules for the provision of these services by entities external and is not the subject of these Regulations).
- Within the Account, it is possible to set some additional data, which can then be automatically completed when placing an Order.
- Creating an Account in the Store is free.
- Logging in to the Account is done by entering the login and password established in the Registration Form.
- The contract for the provision of Account services is concluded when the Customer receives registration confirmation sent by the Seller to the e-mail address provided by the Customer.
- The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3. Deleting the Account constitutes termination of the contract for having such account, concluded for an indefinite period.
- The Basket Service is a service provided by the Seller via the appropriate subpage of the Online Store, allowing Customers to select Products in order to place an Order.
- The Basket service is provided free of charge and is a one-time service covering the time during which unpurchased Products are in the Basket. The use of the Cart service begins when the Customer adds the first Product to the Cart. The Basket service ends when the Customer places an Order through it or when the Customer stops placing Orders through it, in accordance with his will.
§ 7
Rules for placing an Order.
To place an Order you must:
- select the Product that is the subject of the Order and then click the button Add to cart (or equivalent);
- log in or use the option to place an Order without registration;
- selection of options continue shopping if you want to add additional Products to your Order or select an option go to the cart if all the Products to be included in it have already been added to the Order;
- selecting the payment and delivery method from those available when placing the Order in the Store;
- entering a discount code - if the Customer has one and wants to use it;
- selection of options go further ;
- choosing whether you want to receive a VAT invoice;
- if you have chosen the option of placing an Order without registration - complete the Order Form by entering the invoice data and the details of the recipient of the Order, if different from the invoice data;
- if logged in - complete the Order Form by entering the fields that were not completed automatically;
- ticking the declaration of acceptance of the Regulations and Privacy Policy;
- clicking the button I buy ;
- pay for the Order (including delivery costs) within 48 hours.
§ 8
Delivery and payment.
Current information on available order delivery methods can be found on the Store's subpage Delivery costs and acceptable payment methods can be found on the Store's subpage Payment methods.
§ 9
Execution of the Sales Agreement.
- The condition for concluding a Sales Agreement between the Customer and the Seller is that the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt by sending the Customer an appropriate e-mail to the e-mail address assigned to the Account or to the e-mail address provided when placing the Order. This message does not constitute confirmation of acceptance of the Customer's offer. It is only information that the Seller has received the order.
- After verifying that the Order can be accepted for processing, the Seller sends the Customer a message confirming the acceptance of the Order. This message should contain at least the attached content of these Regulations, the Seller's confirmation of the conclusion of the Sales Agreement and information about the buyer's right to withdraw from the Sales Agreement (if he has such a right). When the Customer receives confirmation of acceptance of the Order, a Sales Agreement is concluded between the Customer and the Seller.
- If there are no Products in stock that make it impossible to complete the Order in full, the Customer will be informed by the Seller by e-mail to the e-mail address assigned to the Account or to the e-mail address provided when placing the Order about the impossibility of completing the Order within 24 hours of placing the Order. whole. The Customer will receive a proposal to modify the Order by changing the shipping date of the entire Order or dividing the Order into several shipments with different Order dates. If the modification of the Order is accepted, the Customer should confirm it within 24 hours of receiving the message from the Seller. If confirmation is not received within the specified period, the Order will be deemed canceled.
- When the Seller receives confirmation of acceptance of the Order modification, a Sales Agreement is concluded between the Customer and the Seller. The Seller then immediately sends the Customer a message confirming the acceptance of the order. This message should contain at least the attached content of these Regulations, the Seller's confirmation of the conclusion of the Sales Agreement and information about the buyer's right to withdraw from the Sales Agreement. When the Customer receives confirmation of acceptance of the Order, a Sales Agreement is concluded between the Customer and the Seller.
- The User can track the Order using the System Customer Panel.
- The minimum duration of the Customer's obligations under the Sales Agreement lasts until the Customer exercises the right to withdraw from the Sales Agreement or until the expiry of the deadlines in which the Customer may exercise such right.
- The Sales Agreement is concluded in Polish and in accordance with Polish law.
§ 10
Terms of execution of the Sales Agreement.
- The Customer is obliged to make the payment within 48 hours from the moment the Customer receives confirmation of acceptance of the Order by the Seller or approval of the Order by the Buyer. If the Customer fails to pay the Order price within this period, the ineffective expiry of this period will be treated as the Seller's withdrawal from the Sales Agreement. The Seller is not responsible for errors made by the Customer when placing the Order.
- The Products covered by the Order will be shipped (handed over to the entity delivering the shipment) by the Seller within 48 hours of receipt of full payment for the Products by the Seller, subject to § 9 section 4 of the Regulations.
- The products covered by the Order will be shipped in the manner chosen by the Customer when placing the Order.
- The expected delivery time of the Products is indicated on the Online Store website in the tab Delivery costs and it depends on the delivery method chosen by the Customer, and in each case the delivery date to the Customer of the Products covered by the Order is up to 30 days from the date of conclusion of the Sales Agreement. The total waiting time for the Customer to receive the Products covered by the Order includes the time of preparation of the Products for shipment by the Seller and the time of delivery of these Products to the Customer at the address indicated by the Customer when placing the Order.
- Delivery of the Product takes place only within Poland.
- Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs are indicated to the Customer when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
- If the Customer expresses the will to receive a VAT invoice when placing the Order, it is issued by the Seller in electronic form and sent to the Customer to the e-mail address provided when placing the Order, unless the Customer expressly expresses the will to receive the invoice in paper form or to receive the electronic invoice to another address. e-mail.
§ 11
Customer's rights.
- The Sales Agreement concluded by the Consumer with the Seller is a distance Agreement and the provisions of the Act on Consumer Rights regarding distance contracts, including the right to withdraw from the contract, apply to it, except for the cases specified in § 12 section 12 of the Regulations. The regulations of the Act on Consumer Rights regarding the right to withdraw from a distance contract also apply to Sales Agreements concluded by an Entrepreneur with Consumer rights with the Seller.
- The provisions of generally applicable law regarding liability for the compliance of the product with the sales contract will apply to each Product Sales Agreement concluded by the Customer with the Seller, subject to § 14 of the Regulations.
- The Seller is responsible for the delivery of the Products covered by the Order. The Seller is also liable for loss, loss or damage to the shipment containing Products or untimely delivery, during the period from its release for transport to delivery to the destination (subject to the provisions of § 14 of the Regulations).
- The Customer should pay due attention to the condition of the shipment containing the Products covered by the Order upon receipt, in particular whether the shipment is damaged or destroyed.
§ 12
The right of the Consumer and the Entrepreneur with the Consumer's rights to withdraw from the contract.
- The Sales Agreement concluded by the Consumer with the Seller is a distance contract and the provisions of the Act on Consumer Rights regarding distance contracts, including the right to withdraw from the contract, apply to it, except for the cases specified in § 12 section. 12 of the Regulations. The regulations of the Act on Consumer Rights regarding the right to withdraw from a distance contract also apply to Sales Agreements concluded by an Entrepreneur with Consumer rights with the Seller. The Customer who is, respectively, a Consumer or an Entrepreneur with Consumer rights who has concluded a distance contract, may withdraw from the Sales Agreement within 14 days without giving a reason and without incurring any costs (except for the costs described in section 6, section 10, second sentence and section 11 below) in accordance with the provisions of Art. 27-38 of the Consumer Rights Act.
- The deadline for withdrawal from the Sales Agreement starts from the date the Consumer or Entrepreneur with the Consumer's rights takes possession of the Product or a third party indicated by him, other than the carrier, and in the case of a Sales Agreement that:
- includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, its batch or part,
- consists in regular delivery of Products for a specified period of time - from taking possession of the first Product.
- Withdrawal from the Sales Agreement takes place by submitting a clear declaration by the Consumer or an Entrepreneur with Consumer rights. The declaration of withdrawal from the Sales Agreement may be submitted in the form of an e-mail to the Seller's e-mail address: sklep@eatyx.shop, as well as sent by traditional mail to the Seller's address: eatyx Polska Sp. z o. o., AL. 3 MAJA 9, 30-062 KRAKÓW. The right of withdrawal can also be exercised by sending the completed withdrawal form to the Seller (Form downloadable in .pdf format) or the form constituting Annex No. 2 to the Consumer Rights Act, but this is not obligatory. In order to improve service and ensure the highest quality, the Customer is asked to attach proof of purchase to the returned Products. To meet the deadline, it is sufficient to send the declaration before its expiry.
- If the Consumer or Entrepreneur with Consumer rights sends a declaration of withdrawal from the Sales Agreement in the form of an e-mail, the Seller will immediately send the Consumer or Entrepreneur with Consumer rights to the e-mail address provided by the Consumer or Entrepreneur with Consumer rights, confirmation of receipt of the declaration of withdrawal. from the Sales Agreement.
- In the event of withdrawal from the Sales Agreement, the Sales Agreement is considered not concluded. The Consumer or Entrepreneur with Consumer rights is obliged to return the purchased Products immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Products before its expiry.
- The Consumer or Entrepreneur with Consumer rights bears the direct costs of returning the Products.
- The returned Product should be sent to the address of Fulfilio Sp. z o. o., ul. Łubińska 10, 05-532 Łubna, Building B (eatyx).
- The payment to the Consumer or Entrepreneur with Consumer rights will be refunded immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Sales Agreement. However, the Seller may withhold the refund until he receives the Product back or until the Consumer or Entrepreneur with the Consumer's rights provides proof of sending it back, depending on which event occurs first.
- The payment will be refunded using the same payment method used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights clearly indicates a different method of refund in the declaration of withdrawal, which does not involve any costs for him.
- If the Consumer or an Entrepreneur with Consumer rights incurs the shipping costs of the Product, these costs are also subject to reimbursement. However, if the Consumer or Entrepreneur with Consumer rights has chosen a method of delivery of the Goods other than the cheapest delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer or Entrepreneur with Consumer rights for any additional costs incurred by him.
- The Consumer or Entrepreneur with Consumer rights is liable for reducing the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
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The right to withdraw from a contract concluded off-premises or remotely is not available to the Consumer or the Entrepreneur with Consumer rights in relation to contracts:
- for the provision of services for which the Consumer or Entrepreneur with Consumer rights is obliged to pay the price, if the Seller has fully performed the service with the express consent of the Consumer or Entrepreneur with Consumer rights, who was informed before the commencement of the provision that after the Seller has completed the service, he will lose the right to withdraw from the contract and took note of it,
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract,
- in which the subject of the service is non-prefabricated goods, manufactured according to the specifications of the Consumer or an Entrepreneur with Consumer rights, or serving to meet his individual needs,
- in which the subject of the service is goods that deteriorate quickly or have a short shelf life,
- in which the subject of the service is goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery,
- in which the subject of the service are goods which, after delivery, due to their nature, will be inseparably combined with other things,
- in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the sales contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control,
- in which the Consumer or Entrepreneur with Consumer rights has expressly requested that the Seller come to him for urgent repair or maintenance, if the Seller additionally provides other services than those requested by the Consumer or Entrepreneur with Consumer rights, or provides goods other than necessary spare parts to perform repairs or maintenance, the right to withdraw from the contract is vested in the Consumer or the Entrepreneur with the Consumer's rights in relation to additional services or goods,
- in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
- concluded by public auction,
- for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision,
- for the supply of digital content not delivered on a tangible medium, for which the consumer or an Entrepreneur with Consumer rights is obliged to pay the price, if the Seller began to provide the service with the express consent of the Consumer or an Entrepreneur with Consumer rights who was informed before the commencement of the provision that after the provision of The Seller will lose the right to withdraw from the contract and has acknowledged this,
- for the provision of services for which the Consumer or Entrepreneur with Consumer rights is obliged to pay the price, for which the Consumer or Entrepreneur with Consumer rights has expressly requested the Seller to come to him for repairs, and the service has already been fully performed with express consent and the prior consent of the Consumer or Entrepreneur with Consumer rights.
§ 13
Liability towards the Consumer and the Entrepreneur with the Consumer's rights for non-compliance of the Product with the Sales Agreement.
- Complaints are considered based on the provisions of the Consumer Rights Act.
- The Seller is liable to the Customer who is a Consumer or an Entrepreneur with Consumer rights if the Product sold is inconsistent with the concluded Sales Agreement. The Seller's liability for non-compliance of the Product with the Sales Agreement is regulated by the provisions of the Consumer Rights Act, in particular Art. 43a et seq. Consumer Rights Act.
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In the event of non-compliance of the Product with the Sales Agreement, the Customer referred to in section 2 above, may request the Product to be repaired or replaced. If bringing the Product into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs for the Seller, the Seller may:
- replace the Product when the Customer requests repair, or
- repair the Product when the Customer requests a replacement.
- In the cases referred to in section 3 letter ab The Customer makes the Product subject to repair or replacement available to the Seller, and the Seller collects the Product from the Customer at his own expense. Collection details are agreed individually as part of a given complaint. The Seller repairs or replaces the Product within a reasonable time from the moment the Customer informed the Seller about the non-compliance of the Product and without excessive inconvenience to the Customer, taking into account the specificity of the Product and the purpose for which the Customer purchased it. The Seller bears the costs of repairing or replacing the Product, including in particular the costs of postage, transportation, labor and materials. The Customer is not obliged to pay for normal use of a Product that has subsequently been replaced.
- In the event of non-compliance of the Product with the Sales Agreement, the Customer referred to in section 1, may request a price reduction or withdraw from the Sales Agreement if:
- The Seller refused to bring the Product into compliance with the Sales Agreement in accordance with section 3;
- The Seller did not bring the Product into compliance with the Sales Agreement in accordance with section 4;
- the lack of compliance of the Product with the Sales Agreement continues, even though the Seller has tried to bring the Product into compliance with the Sales Agreement;
- the lack of compliance of the Product with the Sales Agreement is so important that it justifies a price reduction or withdrawal from the Sales Agreement without first using the protection measures specified in section 3;
- it is clear from the Seller's statement or circumstances that he will not bring the Product into compliance with the Sales Agreement within a reasonable time or without undue inconvenience to the Customer.
- The reduced price remains in such proportion to the price of the Product resulting from the Sales Agreement, in which the value of the Product inconsistent with the Sales Agreement remains to the value of the Product consistent with the Sales Agreement. The Seller returns the amounts due to the Customer as a result of the price reduction immediately, no later than within 14 days of receiving the Customer's declaration of the price reduction.
- The client referred to in section 2 above, may withdraw from the Sales Agreement if the non-compliance of the Product with the Sales Agreement is significant. He may not withdraw from the Sales Agreement if the non-compliance of the Product with the Sales Agreement is immaterial. It is presumed that the non-compliance of the Product with the Sales Agreement is material. In the event of withdrawal from the Sales Agreement, the Customer shall immediately return the Product to the Seller at the Seller's expense. The Seller returns the price of the Product to the Customer immediately, no later than within 14 days of receiving the Product or proof of sending the Product back. If the non-compliance of the Product with the Sales Agreement applies only to some Products delivered under the Sales Agreement, the Customer may withdraw from the Sales Agreement only in relation to these Products, as well as in relation to other Products purchased by the Customer together with the Products that are inconsistent with the Sales Agreement, if it is not possible to it is reasonable to expect that the Customer will agree to retain only Products that comply with the Sales Agreement.
- The Seller refunds the price using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
- The Seller is not responsible for the non-compliance of the Product with the Sales Agreement if the Customer referred to in section 2 above, no later than at the time of concluding the Sales Agreement, he was clearly informed that a specific feature of the Product deviates from the following requirements for compliance with the Sales Agreement:
- being fit for the purposes for which a Product of this type is normally used, taking into account applicable laws, technical standards or good practices;
- being present in such quantity and having such characteristics, including durability and safety, that are typical for a Product of this type and that the Customer can reasonably expect, taking into account the nature of the Product and the public assurance given by the Seller, its legal predecessors or persons acting on their behalf , in particular in advertising or on the label;
- supplying the Product with packaging, accessories and instructions that the Customer can reasonably expect to be provided;
- having the same quality of the Product as the sample or pattern that the Seller made available to the Customer before concluding the Sales Agreement, and corresponding to the description of such sample or pattern - and separately accepted the lack of a specific feature of the Product.
- The Seller is liable for any non-compliance of the Product with the Sales Agreement existing at the time of delivery of the Product and disclosed within two years from the date of delivery of the Product, unless the shelf life of the Product is longer. It is presumed that the non-compliance of the Product with the Sales Agreement, which became apparent within two years from the date of delivery of the Product, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Product or the nature of the non-compliance of the Product with the Sales Agreement. .
- In the event of claims or rights arising from the non-compliance of the Product with the Sales Agreement, complaints should be submitted to the following address: eatyx Polska Sp. z o. o., AL. 3 MAJA 9, 30-062 KRAKÓW or via e-mail sklep@eatyx.shop.
- The Consumer and the Entrepreneur with Consumer rights will be informed by the Seller about the method of considering the complaint within 14 days from the date of its submission. Failure of the Seller to respond to the request within the deadline specified in the first sentence means that the request is considered justified.
- Before collecting the parcel from the post office or courier, the Customer should check the condition of the parcel, in particular whether the packaging has not been damaged or destroyed during transport. In particular, the Customer should pay attention to the condition of the tapes attached to the shipment. If the packaging of the parcel shows signs of damage or if the tapes are broken, the parcel should be opened in the presence of the courier or an employee of the postal operator, and then - in the event of damage to the Product - a damage report should be prepared with the participation of the courier or an employee of the postal operator and contact with the Seller.
§ 14
Provisions regarding Customers who are not Consumers and Entrepreneurs with Consumer rights.
- This paragraph of the Regulations and the provisions contained therein apply only to Customers who are not Consumers and Entrepreneurs with Consumer rights.
- Upon the Seller's release of the Product to the carrier, the following rights are transferred to the Customer referred to in section 1 above, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In such a case, the Seller is not responsible for the loss, loss or damage of the Product occurring from its acceptance for transport until its delivery to the Customer and for any delay in the transport of the shipment.
- Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer referred to in section 1 is disabled.
- Neither the Seller nor his employees, authorized representatives and proxies shall be liable to the Customer referred to in section 1 above, its subcontractors, employees, authorized representatives and/or proxies for any damages, including loss of profits, unless the damage was caused by them intentionally.
- In each case of determining the liability of the Seller, its employees, authorized representatives and/or proxies, this liability towards the Customer referred to in section 1 above, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid for the Products and delivery costs under the last Sales Agreement and covers only the actual damage suffered (excluding lost profits).
- Any disputes arising between the Seller and the Customer referred to in section 1 above, shall be submitted to the court having jurisdiction over the Seller's registered office.
- In relation to the Customers referred to in section 1 above, the Seller may change the Regulations at any time on the basis of generally applicable legal provisions.
§ 15
Contact form.
- The contact form service is a service provided by the Seller via the appropriate subpage of the Store - Contact , allowing Customers and other users of the Store to send messages to the Seller.
- You can use the contact form service by entering the appropriate subpage of the Store - Contact , completing the data in the contact form (name, e-mail address and message content), and clicking the button Send a message .
§ 16
Newsletter.
- The newsletter service is a service provided by the Seller via e-mail, allowing Store users to receive automatic information about products, new products and available promotions proposed by the Seller or the Seller's partners.
- The Store User may use the newsletter service by providing the name and e-mail address appropriate for receiving the newsletter in the footer located on each subpage of the Store, checking the declaration of acceptance of the Regulations and Privacy Policy and clicking the button Sign up or by checking the appropriate declaration in the Registration Form.
- The Store User may unsubscribe from the newsletter service at any time and without giving any reason. To do this, please send a request to the Seller via e-mail to the following address: sklep@eatyx.shop or clicking on the link included in each issue of the newsletter.
§ 17
Regulations of the "Discount Code" Promotional Campaign.
- The "Discount Code" Promotional Campaign enables Store Customers who have agreed to the newsletter in accordance with the provisions of § 16 of the Regulations to use a discount code in the form of an electronic alphanumeric code with an individual marking:
- an individual combination of letters/numbers/characters;
- expiration date;
- text information about the minimum purchase amount entitling you to use the discount code, if any;
- value of the discount code expressed as a percentage (percentage code).
- The percentage discount code entitles you to purchase Products from the offer available in the Store with the discount included in the coupon.
- The value of the discount is distributed proportionally across all Products in the Cart.
- The discount code cannot be combined with any other promotional offers available in the Store.
- The customer has the right to use the code once when shopping in the Store.
- Discount codes cannot be combined. The customer can only use one discount code during one transaction. Discount codes do not add up. Two codes cannot be used in one purchase.
- Discount codes cannot be exchanged for cash.
- Discount codes are not means of payment, but only percentage discounts granted by the Seller.
- The customer activates the discount by adding the selected product from the list to the Cart and then entering the discount code in the field provided for this purpose. After entering the correct code and accepting it, the Customer is granted a discount calculated on the current retail price of the Product in accordance with the principles set out in these Regulations.
- The discount code cannot be used after the expiry date.
- The discount code cannot be used by an unauthorized person or by a person who obtained it by fraud.
- Products purchased as part of the promotion may be returned under the terms set out in the Regulations of the Online Store.
- In the event of returning Products purchased under the promotion, the Customer will receive a refund of the value of the Products shown on the bill/invoice.
- Any complaints regarding defects in goods or their returns when purchasing using a discount code will be considered under the general conditions specified in the Regulations.
§ 18
Product Reviews.
- All customer opinions about Products purchased in the Store are verified. The store obtains opinions only from people who have actually made a purchase.
- The Store User may be provided with the option to add comments under various content available in the Store. For this purpose, the Store user must provide his/her name and e-mail address.
- Submitting a comment to be posted in the Store by the Store user by using the existing functionality of the Store is tantamount to the Store user's consent to making such a comment available in the Store and granting the Seller a free, unlimited in time or territorial license to make such a comment available in the Store, covering all fields of use. necessary for such disclosure.
- The Seller reserves the right to decide on making comments of Store users available in the Store, the date of their availability and the period during which they will remain available in the Store. However, the Seller is not obliged to check and verify comments.
- The Seller is entitled to make the Store user's comments available within the Store only without making changes to them.
- If the Seller receives an official notification about the illegal nature of a Store user's comment, he has the right to prevent access to this data.
- If the Seller receives reliable information about the illegal nature of a Store user's comment, he has the right to prevent access to this data, provided that he immediately notifies the user who added the comment of his intention to prevent access to it.
- It is unacceptable to post in the Store or transmit through it content that is contrary to applicable law and the principles of social coexistence, inciting racial, religious or ethnic hatred, or promoting violence, inciting to commit a crime, as well as vulgar, vulgar content that is generally considered morally reprehensible. , socially inappropriate, violating personal rights, as well as unauthorized use of someone else's image, violating good manners and the principles of netiquette, as well as any actions that would expose the Store to legal liability or could cause damage to it.
§ 19
Complaints regarding the provision of electronic services.
- The Seller takes steps to ensure the full proper functioning of the Online Store, to the extent resulting from current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
- In order to enable the performance of the obligations referred to in section 1 above, please inform the Seller immediately about any irregularities or interruptions in the operation of the Online Store website.
- The Customer may report irregularities related to the operation of the Online Store in writing to the following address: eatyx Polska Sp. z o. o., AL. 3 MAJA 9, 30-062 KRAKÓW, by e-mail at sklep@eatyx.shop or using the Contact Form.
- In the complaint, the Customer should provide his name and surname, correspondence address, type and date of occurrence of the irregularity related to the operation of the Online Store.
- The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered and about the reasons for the delay.
- To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the operation, of the Online Store caused in particular by force majeure, unauthorized action of third parties or incompatibility of the Online Store with the technical infrastructure of the Online Store user.
§ 20
Out-of-court methods of dealing with complaints and pursuing claims.
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Detailed information regarding the possibility for a Customer who is a Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php;
http://www.uokik.gov.pl/sprawy_zdrowie.php
and http://www.uokik.gov.pl/wazne_adresy.php . Additionally, the Customer may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/ . - The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:
- The consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the contract concluded with the Seller;
- The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller;
- The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
§ 21
Personal data in the Store.
- Detailed provisions regarding the protection of personal data are included in the Privacy Policy .
- The recipients of personal data of Online Store Customers may be:
- suppliers responsible for operating IT systems used to provide services in the Store, marketing agencies (in the field of marketing services), operators of mailing platforms (Meta, Google, INIS),
- in the case of a Customer who uses the courier delivery method in the Online Store, the Administrator makes the Customer's collected personal data available to the selected carrier or intermediary carrying out the shipment at the request of the Administrator,
- in the case of a Customer who uses payment methods operated by third parties in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the Online Store,
- other entities - in accordance with the provisions of the Privacy Policy or if the Customer consents to the transfer of his personal data to other entities.
- Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement in the form chosen by the Customer results in the inability to conclude the Sales Agreement.
§ 22
Final Provisions.
- Contracts concluded via the Online Store are concluded in Polish. Unless mandatory provisions of law provide otherwise, the law applicable to resolving any disputes arising under these Regulations is Polish law.
- The Seller reserves the right to make changes to the Regulations for important reasons, which may include, in particular, changes in legal provisions or changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of the Regulations. The Seller will inform the Customer about each change at least 7 days in advance via e-mail sent to the Customer's address provided when creating the Account, placing an Order or subscribing to the Newsletter, containing the new content of the Regulations attached. The Customer is entitled to resign from using the services offered by the Seller as a result of changes to the Regulations by submitting a clear declaration of such resignation to the Seller. In such a case, the Seller is obliged to delete the Account of the Customer who submitted such a declaration. If the Customer does not submit a declaration of resignation from using the Seller's services within 14 days of receiving the e-mail containing information about changes to the Regulations, it is assumed that he accepts such changes.
- All rights to the content posted in the Store are reserved to the Seller. All intellectual property rights to all and any part of the Store, including the content, materials and information contained therein, in particular texts, navigation solutions, selection and arrangement of the presented content, verbal and graphic logos, interactive applications, audiovisual materials, compilations of materials, photos , surveys, forms, templates and studies are subject to legal protection. Modifying, copying, distributing, transmitting, displaying, transmitting, reprinting, sublicensing, creating collective works from the materials referred to above, as well as returning and selling these materials is not permitted, unless expressly consented to by the Seller.
- In the event of a violation of the Regulations by a user registered in the Store, the Seller is entitled, at its discretion, to terminate the Account maintenance agreement with immediate effect or to suspend the provision of such services for a period of its choosing. The Seller will inform the user registered in the Store about termination or suspension by e-mail sent to the address provided during registration.
- To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store, caused in particular by force majeure, unauthorized action of third parties or incompatibility of the Store with the user's technical infrastructure.
- The Regulations enter into force on the day September 1, 2023
- In matters not regulated in the Regulations, generally applicable provisions of Polish law apply, in particular: the Civil Code, the Act on the provision of electronic services, the Act on consumer rights.
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