Terms and conditions of use
GUILTFREE.PL ONLINE STORE TERMS AND CONDITIONS
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS OF CONCLUDING THE SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
- PRODUCT COMPLAINT
- OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- PROVISIONS RELATING TO ENTREPRENEURS
- LOYALTY PROGRAM
- FINAL PROVISIONS
- TEMPLATE WITHDRAWAL FROM THE CONTRACT
The www.guiltfree.pl online store cares about consumer rights. The consumer may not waive the rights granted to him in the Act on Consumer Rights. Provisions of contracts less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights shall apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions and they should be applied.
1. GENERAL PROVISIONS
1.1. The online store available at www.guiltfree.pl is run by KORNELIA WARDA-PONIECKA running a business under the name WALDEN FARMS KORNELIA WARDA-PONIECKA entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address of the place of business: ul. Plałacą Wierzby 11, 05-503 Głosków, and the address for service: ul. Installers 9, warehouse 9, 02-237 Warsaw, NIP 9512188796, REGON 146336735, e-mail address: kontakt@guiltfree.pl, telephone numbers: + 48 609 81 64 64; + 48 885 925 336; + 48 693 856 096.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or entrepreneurs.
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for purposes, to the extent and based on the principles indicated in the privacy policy published on the Online Store website. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
1.4. Definitions:
1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a collection of resources in the Service Provider's ICT system, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT - a movable item available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS - these regulations of the Online Store.
1.4.10. ONLINE STORE - the Service Provider's online store available at the Internet address: www.guiltfree.pl.
1.4.11. SELLER; SERVICE PROVIDER - KORNELIA WARDA-PONIECKA running a business under the name WALDEN FARMS KORNELIA WARDA-PONIECKA entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of the place of business: ul. Plałacą Wierzby 11, 05-503 Głosków, and the address for service: ul. Installers 9, warehouse 9, 02-237 Warsaw, NIP 9512188796, REGON 146336735, e-mail address: kontakt@guiltfree.pl, telephone numbers: + 48 609 81 64 64; + 48 885 925 336; + 48 693 856 096.
1.4.12. SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - using or intending to use the Electronic Service.
1.4.15. ACT ON CONSUMER RIGHTS, ACT - Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
1.4.16. ORDER - Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - the use of the Account is possible after completing a total of two subsequent steps by the Service Recipient - (1) completing the Registration Form and (2) clicking the "Create an account" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: kontakt@guiltfree.pl or in writing to the following address: ul. Installers 9, warehouse 9, 02-237 Warsaw.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps - (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form, the "Order and pay" field - until then, it is possible to modify the data entered (in the for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
2.1.2.2. Placing an Order may take place without the Customer having to set up an Account.
2.1.3. Newsletter - the use of the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" field. You can also subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account or placing an Order - at the moment of creating an Account or placing an Order, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: kontakt@guiltfree.pl or in writing to the following address: ul. Installers 9, warehouse 9, 02-237 Warsaw.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling the option of saving Cookies and Javascript in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The service recipient is prohibited from providing illegal content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations) may be submitted by the Customer, for example:
2.4.2. in writing to the address: ul. Installers 9, warehouse 23, 02-237 Warsaw;
2.4.3. in electronic form via e-mail to the following address: kontakt@guiltfree.pl;
2.4.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Customer's requests; and (3) contact details of the complainant - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
3. CONDITIONS OF CONCLUDING THE SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and when the amount of these charges cannot be determined - about the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statement on receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.3.3. The Seller carries out retail Orders in the Online Store. If the Customer places an Order which is a wholesale order, the Seller may refuse to execute such an order by the Customer, while refunding the payment paid by the Customer in full.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer an e-mail message referred to in point 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery upon delivery.
4.1.2. Cash payment upon collection.
4.1.3. Payment by bank transfer to the Seller's bank account.
4.1.3.1. Bank: Bank Millennium SA
4.1.3.2. Account number: 96 1160 2202 0000 0000 2282 2788.
4.1.4. Electronic payments and card payments via the eCard.pl website - possible current payment methods are specified on the website http://www.ecard.pl.
4.1.4.1. Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer's choice via the eCard.pl website. Electronic payments and payment card services are provided by:
4.1.4.1.1. eCard.pl - ECARD SPÓŁKA AKCYJNA with its registered office in Gdańsk, ul. Arkońska 11, 80-387 Gdańsk, share capital PLN 16,840,000.00 (paid in full), entered into the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number: 0000042304, NIP: 5213103040 , REGON: 016341786.
4.2. Payment deadline:
4.2.1. If the Customer chooses payment in cash on personal collection, payment by bank transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement. In the absence of payment within the period indicated in the previous sentence, the Store reserves the right to cancel the order without additional warnings.
4.2.2. If the Customer selects the cash on delivery payment on delivery, the Customer is obliged to make the payment on delivery.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery payment
5.1.1. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise.
5.1.2. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.1.3. The free delivery offer for orders exceeding the value specified on the Store's website does not apply to express delivery in Warsaw and outside the Republic of Poland.
5.1.4. The use of the option of free delivery referred to in point 5.1.3. is possible only in relation to orders whose value after taking into account all discounts and promotions used in a given order by the Customer, including but not limited to discounts resulting from the use of points accumulated by the Customer as part of the Loyalty Program and discounts granted as part of the #OtagujGuiltfree discount campaign is equal to or higher than the amount specified for this offer on the Store's website.
5.2. Personal collection of the Product by the Customer is free of charge and possible after making the payment for the order by electronic means or by bank transfer.
5.3. The Seller provides the Customer with the following methods of delivery or receipt of the Product:
5.3.1. Shipment with delivery to RUCH network point
5.3.2. Courier delivery, COD courier delivery.
5.3.3. Parcel locker shipment.
5.3.4. Personal collection available at: ul. Installers 9, warehouse 23, 02-237 Warsaw - on Business Days, from 08:30 to 16:20.
5.4. The deadline for delivery of the Product to the Customer is up to 4 Business Days, with the majority of domestic shipments sent via courier service within D+1, i.e. on the first working day following the date of posting, and postal shipments within D+2, respectively. In the case of parcels delivered to a place located outside the borders of the Republic of Poland, the delivery time is up to 10 working days. The beginning of the period of delivery of the Product to the Customer is counted as follows:
5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account, and if crediting occurs after 12:00 on a business day or on a public holiday, from the next business day.
5.4.2. If the Customer chooses the method of payment on delivery - from the date of conclusion of the Sales Agreement.
5.4.3. Express delivery is carried out to addresses located within the administrative borders of the capital city of Warsaw. If the Customer selects the form of express delivery and indicates a delivery address outside the administrative borders of the capital city of Warsaw, the delivery will be made to the indicated address via a courier company with the date of the first delivery attempt on the next working day after the day of posting.
5.5. The date of readiness of the Product for collection by the Customer - if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection is the longest given date, which, however, may not exceed 2 Business Days. The Customer will be additionally informed about the readiness of the Product for collection by the Seller by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order. The beginning of the period of the Product's readiness for collection by the Customer is counted as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.5.2. If the Customer chooses cash on collection - from the date of conclusion of the Sales Agreement.
5.6. Conditions for the execution of orders placed on the Free Delivery Day:
5.6.1. Fulfillment of orders placed in the so-called The Free Delivery Day may be extended to a maximum of 3 working days from the date of placing the order by the Customer.
5.6.2. Free delivery applies to all orders placed on the Free Delivery Day for which the delivery address is located in Poland. In the case of orders for which the delivery address is outside Poland, the standard delivery cost is covered by the Customer.
5.6.3. The offer of free shipping on the Free Delivery Day is addressed only to customers buying by. standard retail prices and does not apply to entrepreneurs covered by the wholesale price list.
5.6.4. On the Free Delivery Day, the minimum order amount is PLN 59 gross.
5.6.5. The offer of free shipping on the Free Delivery Day applies to orders sent via Poczta Polska, DPD courier, Inpost parcel lockers and Paczki w Ruchu. In the case of orders delivered by city courier (so-called Express Warszawa), the standard delivery cost is covered by the Customer.
5.6.6. In the case of orders with the option of payment on delivery on the Free Delivery Day, the Customer covers the cost of the additional service, i.e. COD in the amount of PLN 3 (applies to DPD COD and Poczta Polska COD deliveries)
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are specified in generally applicable law, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code). For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person who purchases the Product for purposes unrelated to professional or business activity, due to non-compliance of the Product with the Sales Agreement are defined by generally applicable laws, in particular the Act of July 27, 2002 on special conditions of consumer sales and on the amendment of the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended).
6.2. The Seller is obliged to deliver the Product to the Customer without defects. Detailed information on the Seller's liability for a Product defect and the Customer's rights are specified on the Online Store website in the information tab regarding complaints.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. in writing to the address: ul. Installers 9, warehouse 9, 02-237 Warsaw;
6.3.2. in electronic form via e-mail to the following address: kontakt@guiltfree.pl;
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a way to bring the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested a replacement of the item or removal of the defect, or has submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request was considered justified .
6.6. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: ul. Installers 9, warehouse 9, 02-237 Warsaw. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
6.7. It is recommended to check the contents of the package in the presence of an employee of the shipping company delivering the order. In the absence of goods in the shipment or damage to the order in transport, it is also recommended to draw up a damage report stating the shortage or damage, signed by the employee of the transport company delivering the order. It is advisable, but not necessary, to supplement the complaint with photographic documentation.
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the 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 on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, Warsaw), whose task is, among other things, to provide assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims: (1) application for dispute settlement to a permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the voivodship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the Seller's business activity); and (3) assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.
7.4. At http://ec.europa.eu/consumers/odr , a platform for an online system for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: ul. Installers 9, warehouse 9, 02-237 Warsaw;
8.1.2. in electronic form via e-mail to the following address: kontakt@guiltfree.pl;
8.2. An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 9 of the Regulations. The consumer may use the form template, but it is not mandatory.
8.3. The deadline to withdraw from the contract begins:
8.3.1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8.3.2. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself,
8.6. The Consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect it, unless the Seller proposed that he would collect the Product himself. To meet the deadline, it is enough to send back the Product before its expiry. The consumer may return the Product to the following address: ul. Installers 9, warehouse 9, 02-237 Warsaw.
8.7. The consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2. The consumer bears the direct cost of returning the Product.
8.8.3. Value of non-returned products; if a gift is added to the order, granted for orders of a certain value, withdrawing from the contract in part or in full The Consumer is obliged to return the gift together with the returned products, unless he withdraws from the contract partially and the value of the products for which the withdrawal did not take place exceeds the threshold from which the gift is granted. In the event that the Consumer does not return the gift, its gross retail price will be deducted when returning it to the Consumer.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (2) 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 to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which, after opening the packaging, cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of the service are Products which, due to their nature, are inseparably connected with other items after delivery; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) 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; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content,
9. PROVISIONS RELATING TO ENTREPRENEURS
9.1. This point of the Regulations and all provisions contained therein are addressed to and thus bind only a customer who is not a consumer, and from January 1, 2021 and for contracts concluded from that date, who is not also a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. As soon as the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product arising from its acceptance for transport until its delivery to the Customer and for delays in the transport of the shipment.
9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.
9.6. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a relevant statement to the Service Recipient.
9.8. The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The Service Provider/Seller is liable to the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits to the Service Recipient/Customer who is not a consumer.
9.9. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court competent for the seat of the Seller / Service Provider.
10. LOYALTY PROGRAM
10.1. The Consumer and the Entrepreneur placing orders according to the retail price list receive loyalty points for each order placed on a registered account.
10.2. The value of points awarded for each order depends on the value of products in the entire order and is calculated according to the proportion of PLN 5 = 1 point. The value of points awarded for each product is indicated on the product card; in the case of products with a gross price below PLN 5, information about the lack of due points appears on the product card, but the value of points is calculated on the basis of the value of the entire shopping basket.
10.3. Points are credited to the Customer's account after sending the order, and their activation takes place 14 days after the order is shipped, i.e. after the statutory deadline for withdrawing from the contract.
10.4. The customer can check the balance of points on his account after logging into the account in the My Loyalty Points tab. Active points can be converted by the Customer into a discount code entitling to a discount on the next order, where 1 point = PLN 0.12 discount. The discount is calculated proportionally for all products included in the order.
10.5. The minimum order amount from which a discount code generated on the basis of loyalty points can be used is PLN 35 net.
10.6. The period of validity of the points is 1 year from the date of shipment of the order on the basis of which they were awarded. After this period, it is not possible to exchange expired points for a discount code or to use them in any other way.
10.7. The only form of using accumulated loyalty points is a discount reducing the amount to be paid for the next order - in particular, points cannot be exchanged for a cash equivalent.
11. FINAL PROVISIONS
11.1. Agreements concluded through the Online Store are concluded in Polish.
11.2. Amendment of the Regulations:
11.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e.: changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
11.2.2. In the case of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services - Account), the amended regulations bind the Service Recipient, if the requirements set out in art. 384 and 384 [1] of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
11.2.3. In the event of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way affect the rights acquired by Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular changes to the Regulations will not impact on already placed or submitted Orders and concluded, implemented or performed Sales Agreements.
11.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded by December 24, 2014 with Customers who are consumers - the provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271 with as amended) and the Act on special conditions of consumer sales and on amendments to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
12. TEMPLATE OF WITHDRAWAL FORM
(ANNEX 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal
form (this form should be completed and returned only if you wish to withdraw from the contract)
– Recipient:
WALDEN FARMS KORNELIA WARDA-PONIECKA
ul. Installers 9, warehouse 9, 02-237 Warsaw
guiltfree.pl
kontakt@guiltfree.pl
– I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) the contract for the supply of the following items(*) the contract for a specific task consisting in the performance of the following items(*)/for the provision of the following service (*)
– Date of contract conclusion(*)/receipt(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete where not applicable.
