- The online shop “Alles Voller Gewuerze” available at allesvollergewuerze.de is operated by Janusz Druzgała conducting business in Poland under the name "GALD" ZAKŁAD GALANTERII DRZEWNEJ DRUZGAŁA JANUSZ WŁODZIMIERZ entered into the companies register of the National Court Register, holding the tax identification number (NIP) PL 8441575573, and statistical number REGON: 791030250.
- These Terms and Conditions apply to both Consumers and Businesses using the online Shop and describe the rules of using the online Shop, in particular, the rules of concluding remote purchase agreements for products offered through the online Shop.
- Consumer – an natural person concluding a contract with the Seller the subject of which is not directly linked with the individual’s commercial or professional activity
- Seller – an natural person conducting a business activity under the name "GALD" ZAKŁAD GALANTERII DRZEWNEJ DRUZGAŁA JANUSZ WŁODZIMIERZ, registered in the Central Registration and Information on Business of the Republic of Poland (CEIDG), NIP PL 8441575573, REGON 791030250.
- Customer – any entity placing an order in the Shop.
- Business - a natural person, a legal person or an organisational unit with statutory legal capacity conducting its business or professional activities on its own behalf who uses the Shop.
- Shop – an online shop operated by the Seller at allesvollergewuerze.de
- Remote agreement - an agreement concluded with the Customer within the framework of an organised system of sales (within the Shop) without the Parties being physically present, with the exclusive use of one or more remote communication means up to and including the moment of concluding the agreement.
- Terms and conditions – the terms and conditions specified herein.
- Order – Customer’s declaration of will submitted using an Order Form leading directly to the conclusion of a Product Purchase Agreement with the Seller.
- Account – the Customer’s account in the Shop containing details provided by the Customer and the Order history.
- Registration form – a form available in the Shop used for creating an Account.
- Order form – an interactive form available in the Shop used for placing Orders, in particular, by adding products to the Shopping Cart and specifying the Terms and Conditions of the Purchase Agreement, including the payment and delivery method.
- Shopping cart – a part of the Shop’s software where all products selected by the Customer are displayed and which makes it possible to submit and modify Order information, including the quantity of products.
- Product – a movable product or a service which is the subject of the Purchase Agreement between the Customer and the Seller.
- Purchase Agreement – a Product Purchase Agreement concluded between the Customer and the Seller via the Internet Shop.
- The Seller’s address: GALD, Krzywe 63A, 16-402 Suwałki, Polska
- The Seller’s e-mail address: [email protected]
- The Seller’s phone number: +48 693356235
- The Seller’s bank account number: PPABPLPKXXX 27 2030 0045 3110 0000 0011 1370
- The Customer can contact the Seller using the addresses and phone numbers from this section.
- The Customer can contact the Seller via the phone 8am-3pm Monday to Friday.
In order to use the Shop, including searching and viewing the Products and placing orders, it is necessary to have:
- a device with Internet access and a web browser: Google Chrome, FireFox, Internet Explorer, Opera, Safari,
- an active e-mail account,
- enabled cookies.
- The Seller, to the maximum extent permitted by law, is not liable for disturbances, including interruptions in the operation of the Shop, caused by force majeure, prohibited activities of a third party or incompatibility of the Shop with the Customer’s technical infrastructure.
- Viewing the Products on offer does not require creating an Account. Placing an order by the Customer for products on the Shop’s offer is possible either after creating an Account in accordance with § 6 of the Terms and Conditions or by providing necessary personal data and addresses allowing the Customer to place an Order without creating an Account.
- The prices in the Shop are in the GB pound and are gross prices (including VAT)
- The total (final) amount to be paid by the Customer includes the price of the Product and the shipping costs (including transportation, delivery and postal charges). The Customer is informed through the Shop’s website about the final amount while placing an Order, including the moment of agreeing to be bound by the Purchase Agreement.
- When the nature of the subject matter of the Agreement precludes, in a reasonable manner, the prior calculation of the total (final) price, the information how the price will be calculated as well as transportation, delivery and postal charges along with other costs will be displayed by the Shop in the description of the Product.
Creating an Account in the Shop
- To create an Account in the Shop, it is necessary to complete a registration Form. The following details are requires: full name, address, e-mail, phone number.
- Creating an Account is free.
- To log into the Account, the Customer enters the login and password provided in the registration Form.
- The Customer can delete her/his account at any time, without indicating the reason thereof and bearing any cost by sending a suitable request to the Seller by e-mail or in writing to the addresses indicated in § 3.
Placing an Order
To place an Order, it is required to:
- log into the Shop (optional);
- select a Product to be ordered, then click “Add to Cart” button (or equivalent);
- log in or use the option of placing an Order without registration;
- if the option of placing an Order without registration is selected – complete the order Form by providing the personal data of the recipient of the Order and the address to which the Product will be delivered, select the delivery method, enter the data for the invoice, if different than the recipient of the Order,
- click “Order and pay” button (for Customers placing orders using their Account) or click “Order and pay” button and confirm the order by clicking a link sent in an e-mail message (for the Customer placing an order without logging in)
- select one of the available payment methods and depending on the payment method pay for the Order within the required time limit, with the exception of § 8 clause 3.
Available Delivery and Payment Methods
- The Customer can use the following delivery and collection methods of ordered Product:
- courier delivery,
- courier delivery, cash on deliver (C.O.D.).
- The Customer can use the following payment methods:
- cash on delivery
- bank transfer to the Seller’s account,
- online banking ePayments,
- credit or debit card.
- Detailed information about delivery methods and acceptable payment methods can be found on the Shop’s website.
Completion of the Purchase Agreement
- The Purchase Agreement between the Customer and the Seller is concluded after the Customer places an Order using the order Form in the online Shop in accordance with § 7 of the Terms and Conditions.
- After an Order has been placed, the Seller, without undue delay, confirms its receipt and accepts the Order for processing. The receipt of the Order and accepting it for processing is confirmed by sending the Customer a suitable e-mail message to the address provided by the Customer while placing the Order. The message should include, at least, the Seller’s confirmation of receiving the order and concluding the Purchase Agreement. The Purchase Agreement between the Customer and the Seller is concluded at the moment of receiving the e-mail message by the Customer.
- When the Customer selects:
- Payment by bank transfer, online banking ePayment or by credit or debit card, the Customer should complete the payment within two calendar days from the date of concluding the Purchase Agreement – otherwise the order will be cancelled.
- cash on delivery, the Customer should pay for the order when collecting the package.
- The Product will be shipped by the Seller within the period indicated in its description (with the possible exception of clause 5 of this section) in a manner selected by the Customer when placing the Order.
- When ordering Products with different delivery periods, the delivery time is the longest of the indicated ones.
- The beginning of the delivery period of the Product to the Customer is established as follows:
- when the Customer pays by bank transfer, online banking ePayment or by credit or debit card - from the date the payment is credited to the account of the Seller.
- When the Customer selects cash on delivery – from the date of concluding the Purchase Agreement.
- The Products are shipped only within the U.K.
- The delivery of the Product is free, unless the Purchase Agreement provides otherwise.
Right of Withdrawal from the Agreement
- The Consumer can withdraw from the Purchase agreement within 14 days without providing any reason for that.
- The time limit stated in section 1 runs from the moment the Product is delivered to the Consumer or to the person indicated by her/him other than the courier.
- The Consumer can withdraw from the Agreement by sending the Seller a notice of withdrawal from the Agreement before the end of the time limit.
- The notice can be sent by mail, fax or electronically by sending it to the Seller’s e-mail address or by submitting the notice via the Seller’s website – the Seller’s contact details are indicated in § 3. The notice can be also submitted using a form whose template can be found in appendix 1 to the Terms and Regulations and the appendix to the act on Consumer Rights of 30 May 2014, however using the form is not obligatory.
- If the notice is sent by the Consumer electronically, the Seller should, without undue delay, send the acknowledgement of the receipt of the notice of withdrawal from the Agreement to the e-mail address provided by the Consumer.
- Consequences of the withdrawal from the Agreement:
- if the Agreement was concluded remotely, the Agreement shall be deemed to have never been concluded.
- In the event of withdrawing from the Agreement, the Seller without undue delay and not later than 14 days after receiving the Consumer’s notice of withdrawal will return all the payments received from the Consumer, including the delivery costs with the exception of additional costs of the delivery method chosen by the Consumer other than the cheapest delivery method offered by the Seller.
- The Seller will return the payment using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer explicitly consented to a different solution which will not incur any additional costs for her/him.
- The Seller can withhold the return of the payment until receiving the returned Product or being presented with the certificate of posting of the returned product, whichever occurs first.
- The Consumer should send back the Product to the Seller’s address provided in the Terms and Conditions without undue delay and not later than within 14 days from the day she/he notified the Seller of her/his withdrawal from the Agreement. The time limit requirement will be satisfied if the Consumer sends back the Product before the expiry of the time limit of 14 days.
- The Consumer bears the direct costs of returning the Product, also the costs of returning the product if due to the nature of the Product it could not be send back by mail following the standard procedure.
- The Consumer is responsible for diminished value of the Product resulting from using the Product in a way other than necessary to identify the nature, features and functioning of the Product.
- If the Product due to its nature cannot be send back by mail following the standard procedure, that information and also the costs of returning of the Product will be included in the description of the Product in the Shop.
- The Consumer does not have the right of withdrawal from an agreement concluded remotely with regard to the Agreement:
- the subject matter thereof is an item not off-the shelf, manufactured following the Customer’s specifications and serving to satisfy her/his personalized needs,
- the subject matter thereof is an item delivered in a sealed packaging and which cannot be returned after opening the packaging due to health protection and for reasons of hygiene, if the packaging was opened after being delivered,
- the subject matter thereof is a perishable item or one with a short shelf life,
- for providing services, if the Seller fully rendered a service with the Consumer’s explicit consent who prior to the commencement of the rendering of the service had been informed that after performing the service by the Seller she/he would lose the right of withdrawal from the Agreement,
- in which the price or remuneration depends on fluctuations on the financial market the Seller has no control over and which can occur before the expiry of the time limit for the withdrawal of the Agreement.,
- the subject matter thereof are goods which after being delivered and due to their nature become inseparably connected with other things.
Warranty Claims and Guarantee
- The Purchase Agreement concerns brand new Products.
- The Seller shall provide the Customer a product which is free of defects.
- If a product purchased from the Seller is defective, the Customer has the right to file a warranty claim based on the statutory warranty regulations in the Civil Code.
- The claim should be filed in writing or electronically to the addresses of the Seller indicated in the Terms and Conditions or by an electronic warranty claim form made available by the Seller on a subpage of the Shop.
- It is recommended that the claim should include: a brief description of the defect, the circumstances (including the date) in which the defect occurred, the details of the Customer filing the claim and the Customer’s request regarding the defect of the product.
- The Seller will address the claim without undue delay, and if the Client is a Consumer – not later than within 14 days. If the Client is a Consumer and the Seller does not address the claim within 14 days, the Customer’s claim is considered justified.
- The Products sent back following the warranty claim procedure should be shipped to the address indicated in § 3 of the Terms and Conditions.
- If a Product is covered by the guarantee, information about it and its content will be included in the description of the Product in the Shop.
Non-judicial Procedures to Review and Pursue Claims
- The following pages of Office of Competition and Consumer Protection in Poland offer detailed information on non-judicial procedures to review and pursue claims available for the Consumer along with rules on access to these procedures: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The following are some ways of using non-judicial procedures to review and pursue claims available for the Consumer:
- The Consumer has the right to apply to a permanent court of conciliation referred to in article 37 of the Act on Trade Inspection of 15 December 2000 (Poland’s Journal of Laws from 2014, item 148 with later amendments) with a request to resolve a dispute resulting from an Agreement concluded with the Seller.
- The Consumer has the right to apply to a voivodeship inspector of Trade Inspection pursuant to article 36 of the Act on Trade Inspection of 15 December 2000 (Poland’s Journal of Laws from 2014, item 148 with later amendments) with a request to a begin a mediation for amicable resolution of a dispute between the Consumer and the Seller.
Personal Data in the Online Shop
- The Seller is the controller of the personal data collected by the Seller through the online Shop.
- Personal data collected by the controller through the online Shop is collected for processing the Purchase Agreement and, if the Customer gives consent, also for marketing purposes.
- The personal data of the Customers of the online Shop can be shared with:
- When the Customer selected a mail or courier delivery service, the Controller shares the collected personal data with the carrier or agent selected by the Customer and who provides delivery services and acts on behalf of the Controller.
- When the Customer selected online banking ePayments or by credit card, the Controller shares the collected personal data of the Customer with the selected entity handling those payments in the online Shop.
- The Customer can access and correct her/his personal data.
- Providing personal data is voluntarily, but to conclude the Purchase Agreement it is necessary to provide the personal data indicated in the Terms and Regulations.
- Agreements concluded through the online Shop are concluded in English.
- The Seller reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes in law, changes in delivery and payment methods – in the extent to which these changes affect the implementation of these Terms and Conditions. The Seller shall notify the Customer about any such changes at least 7 days in advance.
- In all matters not regulated by these Terms and Conditions the Polish law shall apply, including: the Civil Code, Act on Providing Services by Electronic Means, Act on Consumer Rights, Act on Personal Data Protection.
- The Customer can use non-judicial procedure to review and pursue claims. To that end, the Consumer can file a claim through the EU internet platform, ODR, available at: http://ec.europa.eu/consumers/odr/