ONLINE STORE TERMS AND CONDITIONS
www.agrarada.pl
TABLE OF CONTENTS:
I. GENERAL PROVISIONS
II. ONLINE STORE ELECTRONIC SERVICES
III. CONCLUDING A SALE AGREEMENT
IV. METHODS AND TERMS OF PAYMENT FOR PRODUCT
V. COSTS, METHODS AND TERMS OF PRODUCT DELIVERY AND COLLECTION
VI. COMPLAINTS
VII. PROVISIONS FOR CORPORATE CUSTOMERS
VIII. PERSONAL INFORMATION IN THE ONLINE STORE
IX. OTHER PROVISIONS
I. GENERAL PROVISIONS
1. The Online Store is available at:www.agrarada.pl. The owner of the Online Store www.agrarada.plis Agrarada spółka z ograniczoną odpowiedzialnością, seated in Brzezimierz 12, 55-216 Domaniów, registered in the Register of Companies kept by the District Court for Wrocław-Fabryczna, 9th Economic Division of the National Court Register under KRS No. 0000063095, VAT Id. No. 9141429193, REGON Statistical Id. No. 932104442. Postal address: Brzezimierz 12, 55-216 Domaniów, tel. +48 71 39 22 194, e-mail address: sklep@agrarada.pl
2. These Terms and Conditions apply exclusively to corporate customers of the Online Store (These Terms and Conditions is not applied to individual customers).
3. The administrator of personal information processed for the purpose of these Terms and Conditions is the Service Provider. Personal information is processed for the purposes, in the scope of and based on the regulations of the Online Store Terms and Conditions. Supplying personal information is voluntary. Each person whose personal information is processed by the Service Provider is entitled to have access to, update and correct such information.
4. Definitions:
4.1. WORKING DAY – one day from Monday to Friday, excluding statutory holidays.
4.2. REGISTRATION FORM – Account creation form available in the Online Store.
4.3. ORDER FORM – Electronic Service, an interactive form enabling placing Orders, particularly by means of adding Products to the electronic shopping cart and specifying the terms of Sale Agreement, including shipping and payment method.
4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases regulated by generally applicable provisions of the law, also a natural person with limited legal capacity; (2) a legal person; (3) an organisation with no legal capacity, which is granted legal capacity by the applicable Act of law – which has entered into or intends to enter into a Sale Agreement with the Seller.
4.5. CIVIL CODE – the Civil Code of 23rd April 1964 (Journal of Laws of 1964, No. 16, Item 93, as amended).
4.6. ACCOUNT – Electronic Service, a set of data in the Service Provider's IT system, featuring a personalised name (login) and User-provided password, which comprises the data supplied by the User and regarding the Orders placed by the User in the Online Store.
4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via electronic mail, which enables automatic delivery to all Users of periodic newsletter messages containing information on Products, new arrivals and promotions in the Online Store.
4.8. PRODUCT – a commodity available for sale in the Online Store, subject to a Sale Agreement made between the Customer and the Seller.
4.9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
4.10. ONLINE STORE – the Online Store owned by the Service Provider, available at www.agrarada.pl.
4.11. SELLER; SERVICE PROVIDER – Agrarada spółka z ograniczoną odpowiedzialnością, seated in Brzezimierz 12, 55-216 Domaniów, registered in the Register of Companies kept by the District Court for Wrocław-Fabryczna, 9th Economic Division of the National Court Register under KRS No. 0000063095, VAT Id. No. 9141429193, REGON Statistical Id. No. 932104442. Postal address: Brzezimierz 12, 55-216 Domaniów, tel. +48 71 39 22 194, e-mail address: sklep@agrarada.pl
4.12. SALE AGREEMENT – a Product sale agreement made between a Customer and the Seller via the Online Store.
4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to Users via the Online Store.
4.14. USER – (1) a natural person with full legal capacity, and in cases regulated by generally applicable provisions of the law also a natural person with limited legal capacity; (2) a legal person; (3) an organisation with no legal capacity, which is granted legal capacity by the applicable Act of law – which has used or intends to use the Electronic Service.
4.15. ORDER – a declaration of intent made by a Customer by means of the Order Form, aiming directly at concluding a Product Sale Agreement with the Seller.
II. ONLINE STORE ELECTRONIC SERVICES
1. The following Electronic Services are available at the Online Store: Account, Order Form, Newsletter.
1.1. Account – the User may use his/her account after completing 3 subsequent steps: (1) filling in a Registration Form; (2) selecting the "Register" button and (3) confirming Account creation by clicking on the link sent automatically to the e-mail address provided. The following User's data are necessary for registration: full name/company name, address (street name, apartment/house number, zip code, town, country), e-mail address, telephone number, password. Corporate Users should also provide their company's name and VAT Id. No.
1.1.1. The Electronic Service – Account is provided charge-free for an indefinite period. The User may at any time and with no justification delete his/her Account (resign from the Account) by means of sending an appropriate request to the Service Provider, especially by e-mail, to: sklep@agrarada.pl, or by traditional mail to: Brzezimierz 12, 55-216 Domaniów.
1.2. Order Form – the use of the Order Form is initiated at the moment of adding by the Customer of the first item to the cart in the Online Store. An Order is placed when the following two subsequent steps are completed by the Customer: (1) filling in an Order Form and (2) selecting the "Checkout" button after completing the Order Form – up to this moment the User can modify the data entered (for this purpose, the User must follow the instructions displayed and the information available on the Online Store's website). The Customer must supply the following data in the Order Form: full name/company name, address (street name, apartment/house number, zip code, town, country), e-mail address, telephone number and details regarding the Sale Agreement.: Product/s, quantity of Product/s, place and method of delivery, payment method. Corporate Users should also provide their company's name and VAT Id. No.
1.2.1. The Electronic Service – Order Form is charge-free and one-time, and it expires the moment the Order is placed by means of the Order Form, or the moment the User cancels placing the Order by means of the Order Form.
1.2.2. The Electronic Service – Newsletter is provided charge-free for an indefinite period. The User may at any time and with no justification cancel his/her subscription to the Newsletter (resign from the Newsletter) by means of sending an appropriate request to the Service Provider, especially by e-mail, to: sklep@agrarada.pl, or by traditional mail to: Brzezimierz 12, 55-216 Domaniów.
2. Technical requirements for using the Service Provider's IT system: (1) a computer or a portable computer or other multimedia equipment with Internet access; (2) access to electronic mail; (3) an internet browser: Mozilla Firefox v. 11.0 or newer, Internet Explorer v. 7.0 or newer, Opera v. 7.0 and newer, Google Chrome v. 12.0.0. and newer; (4) recommended minimum resolution: 1024x768; (5) enabling Cookies and Javascript.
3. The User must use the Online Store in line with the law and moral principles, with highest regard to personal goods and copyrights as well as intellectual property of the Service Provider and third parties. The User is obliged to enter true and accurate data. The User must not provide any illegal information.
4. Complaint proceedings:
4.1. Complaints regarding the provision of Electronic Services by the Service Provider and other Complaints regarding the Online Store (excluding complaints regarding Products, specified in Sec. 6 and 7 of these Terms and Conditions) may be filed by the User
- by traditional mail to: Brzezimierz 12, 55-216 Domaniów;
- by electronic mail to: sklep@agrarada.pl
4.2. In the complaint, the User should include: (1) information regarding the Product that is the subject of complaint and the circumstances of complaint, in particular the type and date of occurrence of the defect; (2) the claims the User wishes to make; and (3) contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Service Provider. The aforementioned requirements constitute the recommended complaint content. Failure to adhere to the above requirements does not disqualify complaints with content other than the recommended content.
4.3. The Service Provider answers the complaint immediately, but not later than within 14 calendar days of filing.
III. CONCLUDING A SALE AGREEMENT
1. Sale Agreement between the Customer and the Seller is concluded after an Order is placed by means of the Order Form in the Online Store as per Sec. 1.2. hereof.
2. Product prices available in the Online Store are prices in PLN and include taxes. The total price (including taxes) of the Product that is the subject of the Order, and the shipping costs (including transport, delivery and postal service fees) and other costs, and – when a fee cannot be estimated – the information regarding the obligation to pay, are communicated to the Customer in the course of placing the Order and also at the moment of declaring the Customer's willingness to enter into a Sale Agreement.
3. Concluding a Sale Agreement by means of the Order Form in the Online Store
3.1. Sale Agreement between the Customer and the Seller is concluded after an Order is placed by the Customer by means of the Order Form in the Online Store as per Sec. 2.1.2. hereof.
3.2. After the order has been placed, the Seller immediately admits the Order for processing. The Seller confirms receiving the Order and admitting it for processing by delivering to the Customer, to the e-mail address provided by the Customer when placing the order, an e-mail message, including at least the Seller's confirmation of receiving the order, admitting it for processing and of concluding a Sale Agreement. The Sale Agreement is concluded at the moment the Customer accepts the Terms and Conditions and selects the "Place the order" button in the "Order summary" tab.
4. Sealing, securing and making available to the Customer of the Sale Agreement is made by means of: (1) publishing these Terms and Conditions in the Online Store and (2) delivering to the Customer the e-mail message as specified in Sec. 3.3.2. hereof.
IV. METHODS AND TERMS OF PAYMENT FOR PRODUCT
1. The Seller offers the following methods of payment under the Sale Agreement:
1.1. Cash on delivery
1.2. Bank transfer to the Seller's bank account
1.2.1. Bank: BZ WBK SA. Strzelin
1.2.2. Bank account number: 86 1090 2431 0000 0006 1600 7389
1.3. Electronic payments and card payments via Przelewy24.pl – the available payment methods are listed on http://www.przelewy24.pl
1.3.1. Transactions made by electronic transfer and card payments are processed as selected the Customer's choice made via Przelewy24.pl. Electronic payments and card payments are serviced by Przelewy24.pl – Dialcom24 Sp. z o.o., seated in Poznań (registered seat address: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Companies in the National Court Register under no. 0000306513, kept by the District Court for Poznań-Nowe Miasto and Wilda in Poznań, share capital of PLN 1,697,000 paid in full, VAT Id. No. 781-173-38-52.
2. Terms of payment:
2.1. For payments by bank transfer, electronic payments and card payments, the Customer is obliged to pay within 3 calendar days of concluding the Sale Agreement.
2.2. For cash on delivery payments, the Customer is obliged to pay on delivery of the parcel.
V. COSTS, METHODS AND TERMS OF PRODUCT DELIVERY AND COLLECTION
1. Products are delivered within the territory of Poland and other EU member states.
2. Delivery of Products is subject to a fee, unless agreed otherwise in the Sale Agreement. Product delivery costs (including transport, delivery and postal services) are communicated to the Customer on the Online Store website in the "Delivery and payment" tab and in the course of placing the Order, and also at the moment of declaring the Customer's willingness to enter into a Sales Agreement.
3. Products can be picked up by the Customer free of charge.
4. The Seller offers the following shipping and Product collection methods:
4.1. Pre-paid parcel, cash-on-delivery parcel
4.2. Courier shipping, courier cash-on-delivery shipping
5. Shipping time of Products is maximum 7 working days, unless the shipping time provided in Product description or in the course of placing the Order is shorter. For products with different shipping times, the final shipping time will be the longest of the shipping times, but not longer than 7 working days. The shipping time is calculated from:
5.1. the date of crediting the payment to the Seller's bank account or current account – for bank transfers, electronic payments and card payments.
5.2. the date of concluding the Sale Agreement – for cash-on-delivery payments.
6. For individual pickup by the customer, the Product is ready for pickup within 3 working days , unless a shorter waiting period is indicated in Product description or in the course of placing the order. For products with different waiting times, the final waiting time will be the longest of the waiting times, but not longer than 3 working days. The Customer will be informed of the Product being ready for pickup by the Seller via an e-mail message to the e-mail address provided by the Customer when placing the order. The waiting time for individual pickups is calculated from:
6.1. the date of crediting the payment to the Seller's bank account or current account – for bank transfers, electronic payments and card payments.
6.2. the date of concluding the Sale Agreement – for cash-on-delivery payments.
VI. COMPLAINTS
1. The basis and scope of responsibilities of the Seller regarding the Customer, if the Product has physical or legal defects (warranty), are regulated by the commonly applicable provisions of the law, in particular by the Civil Code.
2. The Seller is obliged to deliver to the Customer a defect-free Product.
3. Complaints may be filed by the Customer e.g.
3.1. in writing to: Brzezimierz 12, 55-216 Domaniów;
3.2. by electronic mail to: sklep@agrarada.pl.
4. In the complaint, the User should include: (1) information regarding the Product that is the subject of complaint and the circumstances of complaint, in particular the type and date of occurrence of the defects; (2) a request for making the Product compliant with the Sale Agreement, or for offering a reduced price, or withdrawal from the Sale Agreement; and (3) contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Seller. The aforementioned requirements constitute the recommended complaint content. Failure to adhere to the above requirements does not disqualify complaints with content other than the recommended content.
5. The Seller answers the complaint immediately, but not later than within 14 calendar days of filing.
6. If it is necessary that the Product be delivered back to the Seller for the purpose of considering the Customer's complaint, the Customer will be asked to deliver the Product to: Brzezimierz 12, 55-216 Domaniów. If, due to the type of defect, type of Product or the way it is installed, delivery of the Product to the Seller by the Customer is impossible or substantially inhibited, the Customer will be asked, upon prior appointment, to enable the Seller access to the Product in its current location.
VII. PROVISIONS FOR CORPORATE CUSTOMERS
1. This Terms and Conditions and its provisions refer exclusively to Customers and Users who are not individual customers, including farmers conducting business activity. Customer/User who accepts the content of Terms and Conditions declares, that he is the entity conducting business activity (is the corporate customer).
2. The Seller may withdraw from a Sale Agreement concluded with a corporate Customer within 14 calendar days of its conclusion. In such a case, the Sale Agreement may be withdrawn from without justification, which shall not result in any claims from the corporate Customer against the Seller.
3. In the case of corporate Customers, the Seller may limit the available payment methods and impose a requirement to make an advance payment in part or in full, regardless of the method of payment selected by the Customer and of concluding the Sale Agreement.
4. Upon release of a Product to the carrier by the Seller, the benefits and burdens related to the Product as well as the risk of accidental loss or damage of the Product are transferred to the corporate Customer. In such a case, the Seller bears no responsibility for complete or partial loss of or damage to the Product occurring after the Product was accepted for delivery and until it is released to the Customer, and for late delivery.
5. If a Product is sent to a Customer via carrier, the corporate Customer is obliged to inspect the shipment within the time limit and in a way generally accepted for this type of shipment. If the Customer finds that the Product was damaged during transport, it shall be obliged to perform all actions necessary to determine the carrier's liability.
6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the corporate Customer is disclaimed.
7. In the case of corporate Users, the Service Provider may terminate the Online Service Agreement with immediate effect and without specifying the reason by way of a termination notice sent to the User .
8. Liability of the Service Provider/Seller towards the corporate User/Customer, regardless of its legal basis, shall be limited – both referring to a single claim and to all claims together – to the price paid and delivery costs under the Sale Agreement, yet no more than one thousand Polish zlotys. The Service Provider/ Seller shall be liable towards the corporate User/Customer only for typical damage foreseeable upon conclusion of the Sale Agreement and shall not be held liable for any loss of benefits towards the corporate User/Customer.
9. All disputes between the Service Provider/Seller and the corporate User/Customer shall be resolved by a court competent for the Service Provider/Seller's registered office.
VIII. PERSONAL INFORMATION IN THE ONLINE STORE
1. The Seller is the Administrator of the personal information of the Users/Customers collected via the Online Store.
2. Personal information of the Users/Customers gathered by the administrator via the Online Store is collected – as consented by the User/Customer – for the purpose of performing the Sale Agreement or the Online Service Agreement.
3. Possible recipients of the Online Store Customers' personal information:
3.1. For Customers who selected delivery by post or courier shipping, the Administrator shall provide the collected Customer's personal information to the selected shipping institution or agent employed by the Administrator.
3.2. For Customers who selected electronic payment or card payment, the Administrator shall provide the collected Customer's personal information to the selected institution or agent employed by the Administrator for the purposes of executing the aforementioned payments.
4. The User/Customer is entitled to access and adjust its personal information. A respective request may be submitted for example:
4.1. in writing to: Brzezimierz 12, 55-216 Domaniów;
4.2. by electronic mail to: sklep@agrarada.pl
5. Supplying personal information by the User is voluntary, however, failure to supply the information listed herein necessary to conclude a Sale Agreement or an Online Service Agreement shall result in no possibility of concluding such an agreement. The information necessary for concluding a Sale Agreement of an Online Service Agreement is also included on the Online Store website prior to concluding each agreement.
IX. OTHER PROVISIONS
1. Agreements concluded via the Online Store shall be in Polish.
2. Changes to the Terms and Conditions:
2.1. The Service Provider may make changes in the Terms and Regulations due to important reasons, including: change of legal regulations; change of method of payment and delivery – to the extent such changes affect performance of the provisions hereof.
2.2. If any permanent agreements are concluded based on the Terms and Conditions (e.g. Electronic Service – Account), changed Terms and Conditions shall be binding upon the User providing that the requirements specified in Art. 384 and 3841 of the Civil Code remain applicable, meaning that the User was duly notified of the changes and did not issue a termination notice within 14 calendar days of being notified. If the change of the Terms and Conditions results in the introduction of new or increase in the existing fees, the individual User may withdraw from the agreement.
3. In issues not regulated hereby the common provisions of the Polish law shall be applicable, including but not limited to: the Civil Code; the Electronic Services Act of 18th July 2002 (Journal of Laws of 2002 No. 144,Item 1204, as amended.); the Consumer Rights Act of 30th May 2014 (Journal of Laws of 2014 Item 827, as amended); and other applicable provisions of the law.
