Terms & Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

 

1.

These Regulations define the general terms, conditions and methods of sales conducted by RUDKOW SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Raszówka, via the ecopicnic.pl online store (hereinafter referred to as the "Online Store") and specify the terms and conditions of providing by RUDKOW SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Raszówka, free electronic services.

 

• 1 Definitions

 

1. Working days - means days of the week from Monday to Friday, excluding public holidays.

 

2. Delivery - means the actual act of delivering to the Customer by the Seller, through the Supplier, the Goods specified in the order.

 

3. Supplier - means a courier company with which the Seller cooperates in the delivery of Goods.

 

4. Password - means a string of letters, digits or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.

 

5. Customer - means an entity for which, in accordance with the Regulations and the law, services may be provided electronically or with whom a Sales Agreement may be concluded.

 

6. Consumer - means a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.

 

 

7. Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded a contract for the provision of the Customer Account service.

 

8. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.

 

9. Entrepreneur with Consumer Rights - means a natural person concluding a Sales Agreement directly related to its business activity, when the content of the Sales Agreement shows that it does not have a professional nature for this Entrepreneur, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.

 

10. Regulations - means these regulations.

 

11. Registration - means an actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.

 

12.Seller - means RUDKOW SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Raszówka (59-307), ul. Wincentego Witosa 1B, NIP: 6922511479, REGON: 364946910, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under KRS number 0000627936; e-mail: biuro@ecopicnic.pl, which is also the owner of the Online Store.

 

13. Store Website - means the websites under which the Seller runs the Online Store, operating in the ecopicnic.pl domain.

 

14. Goods - means a product presented by the Seller via the Shop Website, which may be the subject of the Sales Agreement.

 

15. Durability - the ability of the Goods to maintain their functions and properties in the course of normal use.

 

16. Durable medium - means a material or tool enabling the Customer or the Seller to store information addressed personally to him, in a way that allows access to information in the future for a period of time appropriate to the purposes for which this information is used, and which allows the stored information to be reproduced unchanged.

 

17. Sales contract - means a sales contract concluded at a distance, on the terms set out in the Regulations, between the Customer and the Seller.

 

 

• 2 General provisions and use of the Online Store

 

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store Website, as well as to patterns, forms, logos posted on the Store Website (except for logos and photos presented on the Website) Store for the purpose of presenting goods to which copyrights belong to third parties) belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.

 

1. The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements enabling the use of the Store Website are a web browser in the version of at least Internet Explorer 11 or Chrome 89 or FireFox 86 or Opera 53 or Safari 5 or newer, with Javascript enabled, accepting "cookies" and an Internet connection with bandwidth of at least 256 kbit/s. The Store's website is optimized for a minimum screen resolution of 1024x768 pixels.

 

1. The Seller uses the mechanism of "cookies", which, when the Customers use the Shop Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of "cookies" is aimed at the correct operation of the Store's Website on the Customer's end devices. This mechanism does not destroy the Customer's end device and does not cause configuration changes in the Customer's end devices or in the software installed on these devices. Each customer can disable the "cookies" mechanism in the web browser of his end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store Website.

 

1. In order to place an order in the Online Store via the Store Website or via e-mail and to use the services available on the Store Website, it is necessary for the Customer to have an active e-mail account.

 

1. In order to place an order in the Online Store by phone, it is necessary for the Customer to have an active telephone number and an active e-mail account.

 

1. It is forbidden for the Customer to provide unlawful content and for the Customer to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to the law, decency or infringing the personal rights of third parties.

 

1. The Seller declares that 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 risks. In particular, they should use antivirus programs and programs that protect the identity of those using the Internet. The Seller never asks the Customer to provide him with the Password in any form.

 

1. It is not allowed to use the resources and functions of the Online Store for the purpose of conducting activities by the Customer that would violate the Seller's interest, i.e. advertising activities of another entrepreneur or product; activity consisting in posting content unrelated to the activity of the Seller; activity consisting in posting untrue or misleading content.

 

 

 

• 3 Registration

 

1. In order to create a Customer Account, the Customer is obliged to register free of charge.

 

1. Registration is not necessary to place an order in the Online Store.

 

1. In order to register, the Customer should complete the registration form provided by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.

 

1. When filling in the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.

 

1. After sending the completed registration form, an agreement is concluded for the electronic provision of the Customer Account service, and the Customer gains access to the Customer Account and makes changes to the data provided during Registration.

 

• 4 Orders

 

1. The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Store's Website or e-mail 7 days a week, 24 hours a day.
3. The Customer may place orders in the Online Store via telephone during the hours and days indicated on the Store's Website.
4. The customer placing an order via the Shop Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the "ADD TO CART" command under the given Good presented on the Shop Website. After completing the entire order and indicating in the "CART" the method of Delivery and the form of payment, the Customer places the order by sending the order form to the Seller, selecting the "Buy and pay" button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.
5. The customer placing an order via telephone uses the telephone number provided by the Seller on the Store's Website. During the telephone conversation, the Customer indicates to the Seller the name of the Goods from among the Goods available on the Store's Website, the quantity of the Goods he would like to order and specifies the method and address of Delivery and the form of payment, and also indicates, at his option, his e-mail address or correspondence address for confirmation by Seller the content of the proposed contract and order confirmation - in the event that a Sales Agreement was concluded between the Customer and the Seller. Each time during a telephone conversation, the Seller informs the Customer about the total price of the selected Goods and the total cost of the selected method of Delivery, as well as about all additional costs that the Customer would be obliged to incur if the Sales Agreement were concluded.
6. The Seller confirms to the Customer the content of the proposed Sales Agreement, recorded - according to the Customer's choice - on paper or in the form of an electronic message - the confirmation takes place before the conclusion of the Sales Agreement.
7. The Customer's statement on the conclusion of the Sales Agreement, submitted by him after receiving the confirmation from the Seller, referred to above in §4 section 6, is fixed on paper or other durable medium.
8. After concluding the Sales Agreement via telephone, the Seller will send on a Durable Medium, to the e-mail or correspondence address provided by the Customer, information containing confirmation of the terms of the Sales Agreement. The confirmation includes in particular: specification of the Goods being the subject of the Sales Agreement, their price, the cost of Delivery and information on any other costs that the Customer is obliged to incur in connection with the Sales Agreement.
9. The customer placing an order via e-mail sends it to the e-mail address provided by the Seller on the Shop Website. In the message sent to the Seller, the Customer provides in particular: the name of the Good, the color and its quantity, from among the Goods presented on the Store Website and his contact details.
10. After receiving from the Customer by e-mail the message referred to in §4 sec. 9, the Seller sends a return message to the Customer via e-mail, providing his registration data, the price of selected Goods and possible forms of payment as well as the method of Delivery along with its cost, as well as information on all additional payments that the Customer would incur under the Sales Agreement. The message also contains information for the Customer that the conclusion of the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller indicating the selected form of payment and method of Delivery.
11. Placing an order constitutes the Customer's submission to the Seller of an offer to conclude a Sales Agreement for the Goods being the subject of the order.
12. After placing the order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.
13. Then, after confirming the order, the Seller sends information about the acceptance of the order to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is the Seller's declaration of acceptance of the offer referred to in §4 para. 11 above and upon its receipt by the Customer, a Sales Agreement is concluded.
14. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium, to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or ordering.
15. When making payments for the purchased Goods, listed in Appendix No. 15 to the Act of March 11, 2004 on tax on goods and services (i.e. Journal of Laws of 2018, item 2174, as amended), which payments are documented with an invoice, where the total amount receivable exceeds PLN 15,000 gross or the equivalent of this amount - taxpayers are obliged to apply the split payment mechanism, in accordance with applicable regulations, if applicable to the Customer placing the order.
16. The invoice issued by the Seller referred to above should contain the words: "split payment mechanism". The parties to such a transaction are required to have a settlement account referred to in Art. 49 sec. 1 point 1 of the Act of August 29, 1997 - Banking Law, or a personal account in a cooperative savings and credit union opened in connection with business activity, kept in the Polish currency.

 

• 5 Payments

1. The prices on the Shop Website placed next to the given Goods are gross and net prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
2. The Customer may choose the following payment methods for the ordered Goods:
3. bank transfer to the Seller's bank account (in this case, the execution of the order will start after the Seller sends the confirmation of acceptance of the order to the Customer and after the funds are credited to the Seller's bank account);
4. settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer's choice through authorized services operating on the basis of separate regulations (in this case, the execution of the order will start after the Seller sends the Customer confirmation of the order and after the Seller receives information from the payment service about the payment by a client)( for PLN: card payment, Apple Pay, Google Pay, for CZK: Bank transfer, QR code, Card payment, Apple Pay, Google pay and for EUR: Bank transfer, QR code, Card payment, Apple Pay, Google pay);
5. cash on delivery, payment to the Supplier when making the Delivery (in this case, the execution of the order will be started after the Seller sends the confirmation of acceptance of the order to the Customer).
6. The customer should make the payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.
7. In the event of the Customer's failure to make the payment within the time limit referred to in §5 sec. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a Durable Medium. Information about the additional deadline for payment also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of ineffective expiry of the second payment deadline, the Seller shall send the Customer a statement of withdrawal from the contract on a Durable Medium pursuant to Art. 491 of the Civil Code.

 

• • 6 Delivery

   

1. The Seller delivers on the territory of the Republic of Poland and the Czech Republic.
2. The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement without defects.
3. The Seller publishes information on the number of Business Days needed for Delivery and execution of the order on the Store's Website (max 5 work day’s).
4. The date of Delivery and execution of the order indicated on the Store's Website is counted in Business Days in accordance with §5 sec. 2 of the Regulations.
5. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
6. On the day of sending the Goods to the Customer, information confirming the dispatch of the shipment by the Seller is sent to the Customer's e-mail address.
7. The customer is obliged to examine the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to request the Supplier's employee to draw up a proper report.
8. The Seller, in accordance with the will of the Customer, attaches a receipt or a VAT invoice covering the delivered Goods to the shipment being the subject of the Delivery.
9. In the event of the Customer's absence at the address indicated by him, provided when placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, rearranging the

   date and cost of Delivery with the Customer.

10. Shipping companies used to deliver goods from the seller to the customer DPD, INPOST, DHL.

 

 

 

• 7 Warranty for Entrepreneurs

 

1. The Seller ensures the Delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods have a defect.
2. If the Goods have a defect, the Entrepreneur may:
3. submit a statement of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Entrepreneur replaces the defective Goods with defect-free Goods or removes the defect.

            This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free Goods or remove defects. The Entrepreneur may, instead of the defect removal proposed by the Seller, demand the replacement of the Goods free of defects or, instead of replacing the Goods, demand the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Entrepreneur would be exposed by a different method of satisfaction.

            The Entrepreneur cannot withdraw from the Sales Agreement if the defect is insignificant.

 

1. demand replacement of defective Goods with defect-free Goods or removal of the defect. The Seller is obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without excessive inconvenience to the Entrepreneur.

            The Seller may refuse to satisfy the Entrepreneur's request if bringing the defective Goods into compliance with the Sales Agreement in a manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the second possible way of bringing them into compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.

 

3. The entrepreneur who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. The cost of delivery is covered by the Seller.

 

4. The Seller is liable under the warranty if a physical defect is found within two years from the release of the Goods to the Entrepreneur. A claim for removal of a defect or replacement of the Good with a defect-free one expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Agreement or submit a statement of price reduction due to a defect in the Goods. If the Entrepreneur demanded the replacement of the Goods with a defect-free one or the removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect

 

5. Any complaints related to the Goods or the implementation of the Sales Agreement may be submitted by the Entrepreneur in writing to the Seller's address

 

6. The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the Goods or the complaint related to the implementation of the Sales Agreement reported by the Entrepreneur.

 

7. The entrepreneur may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address unipack@unipack.pl. In the complaint, the Entrepreneur should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider complaints and provide the Entrepreneur with an answer.

 

 

 

• 8 Non-compliance of the goods with the contract

Complaint of the Consumer and the Entrepreneur with the rights of the Consumer

 

1. The goods are compliant with the contract if, in particular, their:

 

1. description, type, quantity, quality, completeness and functionality, and for goods with digital elements, also compatibility, interoperability and availability of updates;

 

1. suitability for a specific purpose for which it is needed by the Consumer or Entrepreneur with Consumer rights, about which the Consumer or Entrepreneur with Consumer rights notified the Seller at the latest at the time of conclusion of the contract and which the Seller accepted.

 

2. In addition, in order to be considered compliant with the contract, the Goods must:

 

1. be fit for the purposes for which Goods of this type are usually used, taking into account applicable laws, technical standards or good practices;

 

1. be in such quantity and have such features, including Durability and safety, and in relation to Goods with digital elements - also functionality and compatibility, which are typical for Goods of this type and which the Consumer or Entrepreneur with Consumer rights may reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, his legal predecessors or persons acting on their behalf, in particular in the advertisement or on the label, unless the Seller proves that:

 

1. did not know about the public assurance in question and, judging reasonably, could not have known about it;

 

1. prior to the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was given, or in a comparable manner;

 

1. the public assurance did not affect the decision of the Consumer or Entrepreneur with Consumer rights to conclude the contract.

 

1. c) be delivered with packaging, accessories and instructions that the Consumer or Entrepreneur with Consumer rights may reasonably expect to be provided;

 

1. d) be of the same quality as the sample or pattern that the Seller made available to the Consumer or Entrepreneur with Consumer rights before the conclusion of the contract, and correspond to the description of such sample or pattern.

 

3. The Seller shall not be liable for the non-compliance of the Goods with the contract in the scope referred to in §8 section 2, if the Consumer or Entrepreneur with Consumer rights, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the Goods deviates from the requirements of compliance with the contract set out in §8 para. 2, and clearly and separately accepted the lack of a specific feature of the Goods.

 

 

4. The Seller is liable for the lack of conformity of the Goods with the contract resulting from improper installation of the Goods, if:

 

1. it was carried out by the Seller or under his responsibility;

 

1. improper installation carried out by the Consumer or Entrepreneur with Consumer rights resulted from errors in the instructions provided by the entrepreneur or a third party.

 

 

5. The Seller is liable for the lack of conformity of the Goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer. It is presumed that the lack of conformity of the Goods with the contract, which was revealed before the expiry of two years from the moment of delivery of the goods, existed at the time of its delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract.

 

 

6. The Seller may not invoke the expiry of the deadline to determine the non-conformity of the Goods with the contract specified in §8 section 5, if this deficiency was deceitfully concealed.

 

 

7. If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with Consumer rights may demand its repair or replacement.

 

 

8. The Seller may make a replacement when the Consumer or Entrepreneur with Consumer rights requests repair, or the Seller may make repairs when the Consumer or Entrepreneur with Consumer rights requests replacement, if it is impossible to bring the Goods into conformity with the contract in a manner chosen by the Consumer or Entrepreneur with Consumer rights. or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into compliance with the contract.

 

 

9. When assessing the excess of costs for the Seller, all circumstances of the case are taken into account, in particular the importance of the non-conformity of the Goods with the contract, the value of the Goods in accordance with the contract and excessive inconvenience to the Consumer or Entrepreneur with Consumer rights resulting from the change in the manner of bringing the Goods into compliance with the contract.

 

 

10. The Seller makes the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer or Entrepreneur with Consumer rights about the lack of compliance with the contract, and without undue inconvenience to the Consumer or Entrepreneur with Consumer rights, taking into account the specificity of the Goods and the purpose for which the Consumer or Entrepreneur with Consumer rights purchased it. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.

 

11. The Consumer or Entrepreneur with Consumer rights provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Consumer or Entrepreneur with Consumer rights at his own expense.

 

 

12. If the Goods were installed before the non-conformity of the Goods with the contract was revealed, the Seller disassembles the Goods and reassembles them after repair or replacement, or has these activities performed at its own expense.

 

 

13. The Consumer or Entrepreneur with Consumer rights is not obliged to pay for the usual use of the Goods, which were then replaced.

 

 

14. If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with Consumer rights may submit a statement of price reduction or withdrawal from the contract when:

 

1. The Seller refused to bring the Goods into compliance with the contract in accordance with §8 section 8 above;

 

1. The Seller has not brought the Goods into compliance with the contract in accordance with §8 section 10 to §8 sec. 12 above;

 

1. the non-compliance of the Goods with the contract continues, even though the Seller has tried to bring the Goods into conformity with the contract;

 

1. the lack of conformity of the Goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures specified in §8 section 7 to §8 sec. 12 above;

 

1. d) it is clear from the Seller's statement or circumstances that he will not bring the Goods into compliance with the contract within a reasonable time or without undue inconvenience to the Consumer or Entrepreneur with Consumer rights.

 

 

15. The seller is obliged to respond to the consumer's complaint within 14 days of its receipt.

 

 

16. The Seller returns to the Consumer or Entrepreneur with Consumer rights the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the Consumer's or Entrepreneur with Consumer rights about the price reduction.

 

 

17. The Consumer or Entrepreneur with Consumer rights may not withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant. It is presumed that the lack of conformity of the Goods with the contract is significant.

 

 

18. If the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or Entrepreneur with Consumer rights may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods purchased by the Consumer or Entrepreneur with Consumer rights together with Goods inconsistent with the the contract, if the Consumer or the Entrepreneur with Consumer rights cannot reasonably be expected to agree to keep only the Goods in accordance with the contract.

 

 

19. In the event of withdrawal from the contract, the Consumer or Entrepreneur with Consumer rights immediately returns the Goods to the Seller at his expense. The Seller returns the price to the Consumer or Entrepreneur with Consumer rights immediately, not later than within 14 days from the date of receipt of the Goods or proof of sending them back.

 

 

20. The Seller refunds the price using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.

 

 

21. The seller does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.

 

 

• 9 Withdrawal from the Sales Agreement

 

1. A Customer who is a Consumer and an Entrepreneur with Consumer rights who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.

 

1. The deadline for withdrawing from the Sales Agreement starts from the moment the Goods are taken over by the Consumer, Entrepreneur with Consumer rights or a third party indicated by them other than the carrier.

 

1. The Consumer and the Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This statement may be submitted, for example, in writing to the Seller's address, i.e.: RUDKOW SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Wincentego Witosa 1B (59-307), Raszówka, or via e-mail to the Seller's address, i.e.: biuro@ecopicnic.pl. The statement can be submitted on the form, the model of which has been posted by the Seller on the Store's website at the address: Withdrawal form. To meet the deadline, it is enough to send a statement before its expiry.

 

1. The Consumer and the Entrepreneur with Consumer rights may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller via the form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is enough to send a statement before its expiry. The Seller immediately confirms to the Consumer and the Entrepreneur with Consumer rights the receipt of the form submitted via the website.

 

1. In the event of withdrawal from the Sales Agreement, it is considered void.

 

1. If the Consumer or Entrepreneur with Consumer rights made a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.

 

1. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with Consumer rights on withdrawal from the Sales Agreement, return to him all payments made by him, including the cost of Delivery of the Goods to the Consumer or Entrepreneur with Consumer rights . The Seller may withhold the reimbursement of payments received from the Consumer or Entrepreneur with Consumer rights until receipt of the Goods back, or delivery by the Consumer or Entrepreneur with Consumer rights of proof of sending back the Goods, depending on which event occurs first.

 

1. If the Consumer or Entrepreneur with Consumer rights exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer or Entrepreneur with Consumer rights for the additional costs incurred by him.

 

1. The Consumer or Entrepreneur with Consumer rights is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller's address before the deadline expires.

 

1. In the event of withdrawal, the Customer who is a Consumer or an Entrepreneur with Consumer rights bears only the direct costs of return.

 

1. If, due to its nature, the Goods cannot be returned by regular mail, the Seller informs the Consumer and the Entrepreneur with Consumer rights about the cost of returning the item on the Shop Website.

 

1. The Consumer and the Entrepreneur with Consumer rights are liable for the decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

 

1. The Seller returns the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.

 

1. The right to withdraw from the Sales Agreement is not available to the Consumer and the Entrepreneur with Consumer rights in relation to contracts in which the Good is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery.

 

• 10 Free Services

 

1. The Seller provides the Customers with free electronic services:

 

1. Contact form;

 

1. newsletter;

 

1. Maintaining a Customer Account;

 

1. Ask about the product;

 

1. d) Posting reviews.

 

2. Services indicated in §10 section 1 above are provided 7 days a week, 24 hours a day.

 

3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services listed, about which he will inform the Customers in a manner appropriate for the amendment of the Regulations.

 

4. The Contact Form service consists in sending a message to the Seller using the form placed on the Store Website.

 

5. Resignation from the free Contact Form service is possible at any time and consists in stopping sending inquiries to the Seller.

 

6. The Newsletter service can be used by any Customer who enters their e-mail address using the registration form provided by the Seller on the Shop Website. After sending the completed registration form, the Customer immediately receives, by e-mail to the e-mail address provided in the registration form, an activation link in order to confirm subscribing to the Newsletter subscription. Upon activation of the link by the Customer, an agreement for the provision of the Newsletter service by electronic means is concluded.

 

7. The Newsletter service consists in sending by the Seller, to the e-mail address, messages in electronic form containing information about new products or services in the Seller's offer. The newsletter is sent by the Seller to all Customers who have subscribed.

 

8. Each Newsletter addressed to given Customers contains in particular: information about the sender, a completed "subject" field specifying the content of the message and information about the possibility and method of resignation from the free Newsletter service.

 

9. The Customer may at any time unsubscribe from the Newsletter by unsubscribing via the link in each e-mail sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.

 

10. The Ask for a product service consists in sending a message to the Seller using the form on the Store Website.

 

11. Resignation from the free Ask for a product service is possible at any time and consists in stopping sending inquiries to the Seller.

 

12. The Customer Account Service is available after registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel on the Store Website, enabling the Customer to modify the data provided during Registration, as well as tracking the status of orders and the history of orders already completed.

 

13. The Customer who has registered may submit a request to the Seller to delete the Customer Account, however, if the Seller submits a request to delete the Customer Account, it may be removed up to 14 days from the request.

 

14. The service of posting opinions consists in enabling the Seller to publish individual and subjective statements of the Customer regarding in particular the Goods on the Store's Website for Customers who have a Customer Account.

 

15. Resignation from the Opinion posting service is possible at any time and consists in ceasing to post content by the Customer on the Store Website.

 

16. The Seller is entitled to block access to the Customer Account and free services in the event of the Customer acting to the detriment of the Seller, i.e. conducting advertising activities of another entrepreneur or product; activity consisting in posting content not related to the activity of the Seller; activity consisting in posting untrue or misleading content, as well as in the event of the Customer acting to the detriment of other Customers, the Customer's violation of the law or the provisions of the Regulations, and also when blocking access to the Customer Account and free services is justified by security reasons - in in particular: breaking the security of the Store Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.

 

 

• 11 Customer's responsibility in terms of content posted by him

 

1. By posting content and making it available, the Customer voluntarily disseminates the content. The posted content does not express the views of the Seller and should not be equated with its activity. The seller is not a content provider, but only an entity that provides appropriate ICT resources for this purpose.

 

1. The customer declares that:

 

1. is entitled to use proprietary copyrights, industrial property rights and/or related rights to - respectively - works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that make up the content;

 

1. placing and making available, as part of the services referred to in §10 of the Regulations, personal data, image and information regarding third parties was legally, voluntarily and with the consent of the persons concerned;

 

1. agrees to view the published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;

 

1. consents to the development of works within the meaning of the Act on Copyright and Related Rights.

 

3. The customer is not entitled to:

 

1. posting, as part of using the services referred to in §10 of the Regulations, personal data of third parties and disseminating the image of third parties without the permission or consent of a third party required by law;

 

1. posting advertising and/or promotional content as part of using the services referred to in §10 of the Regulations.

 

4. The Seller is responsible for the content posted by the Customers, provided that they receive a notification in accordance with §12 of the Regulations.

 

5. It is forbidden for the Customers to post, as part of using the services referred to in §10 of the Regulations, content that could, in particular:

 

1. be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;

 

1. violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, business secrets or related to confidentiality obligations;

 

1. be offensive or threaten other people, contain vocabulary that violates good manners (e.g. through the use of profanity or terms commonly considered offensive);

 

1. be in conflict with the Seller's interest, i.e. content constituting advertising materials of another entrepreneur or product; content not related to the Seller's activity; false or misleading content;

 

1. d) otherwise violate the provisions of the Regulations, decency, applicable law, social or moral norms.

 

6. In the event of receiving a notification in accordance with §12 of the Regulations, the Seller reserves the right to modify or delete content posted by Customers as part of their use of the services referred to in §10 of the Regulations, in particular with regard to content that, based on based on reports of third parties or relevant authorities, it was found that they may constitute a violation of these Regulations or applicable law. The seller does not carry out ongoing control of the posted content.

 

7. The Customer agrees to the free use by the Seller of the content posted by him as part of the Store Website.

 

 

• 12 Reporting a threat or violation of rights

 

1. If the Customer or another person or entity decides that the content published on the Store's Website violates their rights, personal rights, decency, feelings, morality, beliefs, principles of fair competition, know-how, secret protected by law or under an obligation, may notify the Seller of a potential breach.

 

1. The Seller notified of a potential infringement takes immediate action to remove the content that caused the infringement from the Shop Website.

 

• 13 Protection of personal data

 

1. The rules for the protection of Personal Data are included in the Privacy Policy.

 

 

• 14 Termination of the contract (not applicable to Sales contracts)

 

1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the above. the agreement and provisions below.

 

1. The Customer who has registered, terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of remote communication, enabling the Seller to read the Customer's declaration of will.

 

1. The Seller terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Customer to the e-mail address provided by the Customer during Registration.

 

 

• 15 Final Provisions

 

1. The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of intentional damage and within the limits of the losses actually incurred by the Customer who is an Entrepreneur.

 

1. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store's Website.

 

1. In the event of a dispute arising on the basis of the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.

 

1. The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to settle disputes out of court. They may be, in particular, consumer ombudsman or Voivodeship Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.

The Seller informs that at the address http://ec.europa.eu/consumers/odr/ there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform).

 

1. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations that were in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of its publication on the Shop Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the change in the Regulations by means of an e-mail message containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §14 of the Regulations.

 

1. Agreements with the Seller are concluded in Polish or in English.

 

1. The Regulations come into force on March 28, 2023.

		§ 16 Returns and complaints     Liability under the warranty and guarantee when selling with the participation of a CONSUMER and an INDIVIDUAL ENTREPRENEUR.   Regarding complaints and product returns, please send an email to biuro@ecopicnic.pl The SELLER is obliged to deliver the PRODUCT being the subject of the contract - without defects. The seller is liable under the warranty for physical defects that existed at the time the danger passed to the buyer or resulted from a cause inherent in the item sold at the same time - for a period of 2 years. The SELLER informs that in the case of PRODUCTS also covered by a guarantee, the rights of the buyer and the obligations of the guarantor in this respect are specified and should be performed in accordance with the conditions set out in the WARRANTY BOOK. The WARRANTY granted for the sold PRODUCT is an additional entitlement and does not exclude, limit or suspend the rights of the CONSUMER under the Seller's liability under the provisions on warranty for defects in the sold item (Article 577 of the Civil Code). The seller is released from liability under the warranty if the CONSUMER knew about the defect at the time of concluding the contract. In the event of a defect or non-compliance of the delivered PRODUCT with the contract, the CONSUMER has the right to file a complaint. In order to submit a complaint, we recommend that the CONSUMER fills in the complaint protocol (FILE NAME), or otherwise describes the grounds for the complaint and requests for removal of defects, and sends the notification by e-mail or by post to the SELLER's correspondence address provided in the header. Reports can also be made by telephone or orally. Defective PRODUCT - in agreement with the SELLER - if it is possible and appropriate - the CONSUMER who exercises the rights under the warranty will be obliged at the SELLER's expense to deliver the item to the place indicated in the sales contract, and if such a place is not specified in the contract - to the place in which the item was delivered to the CONSUMER. If, due to the type of item or the method of its assembly, the delivery of the item by the CUSTOMER would be excessively difficult, the CUSTOMER is obliged to make the item available to the SELLER at the place where the item is located. If the item sold has a defect, the CUSTOMER may submit a statement requesting a price reduction or withdrawal from the contract, unless the SELLER immediately and without undue inconvenience to the buyer replaces the defective item with a defect-free item or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the SELLER or the SELLER has not fulfilled the obligation to replace the item with a defect-free item or remove the defect. If the buyer is a CONSUMER, he may, instead of removing the defect proposed by the seller, demand replacement of the item with a defect-free one, or instead of replacing the item, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the method suggested by the seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the buyer would be exposed by a different method of satisfaction. The reduced price should be in such proportion to the price resulting from the contract, in which the value of the item with a defect remains to the value of the item without a defect. The buyer may not withdraw from the contract if the defect is insignificant. If the sold item has a defect, the buyer may demand that the item be replaced with a defect-free item or that the defect be removed. The SELLER is obliged to replace the defective item with a defect-free item or remove the defect within a reasonable time without undue inconvenience to the buyer. The seller may refuse to satisfy the buyer's request if bringing the defective item into conformity with the contract in a manner chosen by the buyer is impossible or would require excessive costs compared to the other possible way to bring the defective item into conformity with the contract. If the buyer is an entrepreneur, the seller may refuse to replace the item with a defect-free item or remove the defect also when the costs of meeting this obligation exceed the price of the item sold. The SELLER will consider the complaint without undue delay. Not later than within 14 calendar days from the date of receipt of the complaint and will inform the CONSUMER in writing or by e-mail at that time about the status of the complaint. Leaving the complaint unanswered during this time is tantamount to accepting the complaint. After considering the complaint, the SELLER will reimburse the CONSUMER for the costs related to the complaint and incurred by the CONSUMER. The SELLER will transfer the amount due to the CONSUMER to the bank account or by postal order. If the acceptance of the complaint is related to the repair or replacement of the goods - the SELLER will send the product back to the CONSUMER at his own expense. The provisions on the consumer contained in this section apply to a natural person concluding a contract directly related to his business activity - an individual entrepreneur, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the activity performed by the economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.   ____________________Druk reklamacji__________________________   G. Complaints and withdrawal from the contract (returns) in relations with CUSTOMERS who are not CONSUMERS (applies to entrepreneurs).   This section of the Regulations applies only to relations with Buyers who are not CONSUMERs. Upon receipt of the shipment with the ordered products, 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. The Seller's liability towards the 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 concluded contract. The Seller is liable to the 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 Customer who is not a consumer. Any disputes arising between the Seller/Service Provider and the Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller. Regulations concerning the principles of warranty for defects and quality guarantees - not mentioned above - in contracts with entrepreneurs are adopted directly in the wording adopted in the Civil Code, art. 556-581.   The right to withdraw from the contract (RETURN OF GOODS) in the case of distance selling with the participation of a CONSUMER and an INDIVIDUAL ENTREPRENEUR.   Pursuant to Article 27 of the Act on Consumer Rights (Journal of Laws of 2014, item 827), the CONSUMER concluding a "distance contract" - has the right to withdraw from the contract without giving a reason - within 14 calendar days from the date of taking possession of the PRODUCT (if the product consists of many items that are delivered separately, in batches or in parts, the period starts from taking possession of the last item, batch or part, if the contract consists in regular delivery of Products for a fixed period - from taking possession of the first of the Products - or in the case of services or a contract of a different nature - 14 days from the date of conclusion of the contract, however, if the buyer is a CONSUMER, the handing over of the sold item to the buyer is considered to be entrusting it by the SELLER to the carrier, when the SELLER had no influence on the choice of the carrier by the buyer. of the contract, the CONSUMER is entitled to a refund of the costs incurred, if at the time of concluding the contract the CONSUMER chose the method of delivery of the item other than the cheapest usual method offered by the SELLER - the SELLER is not obliged to reimburse the CONSUMER for the additional costs incurred by him in excess of the cheapest method. The condition for meeting the deadline is to submit a declaration of withdrawal from the contract to the SELLER at that time. A statement sent electronically is also important - you can use the ready form (Declaration of withdrawal from the contract.doc.). If the statement is submitted in electronic form, the SELLER will immediately send the CONSUMER on a durable medium a confirmation of receipt of the statement of withdrawal from the contract. After sending the declaration, the CONSUMER is obliged within 14 calendar days (FILE NAME) to send it back to the CORRESPONDENCE address provided in the SELLER's data - unless the SELLER proposed that he would pick up the PRODUCT himself. The date of sending the shipment determines whether the deadline is met. The CONSUMER is responsible for the decrease in the value of the item as a result of using it in a way other than necessary to establish the nature, characteristics and functioning of the item The SELLER will return the payments made by him within 14 calendar days, including the costs of delivering the item from the SELLER to the CONSUMER. However, the SELLER may withhold the return of the payment until the return item is received or the consumer provides proof of its return - depending on which event occurs first. The SELLER refunds the payment using the same method of payment as used by the CONSUMER, unless the CONSUMER expressly agreed to a different method of return, which does not involve any additional costs for him. The direct costs of returning the PRODUCT to the SELLER are borne by the CONSUMER (CUSTOMER). The CONSUMER is not entitled to withdraw from a distance contract in the cases listed in the attachment. The SELLER does not accept parcels sent "cash on delivery". The return shipment should be properly secured against damage in transit. The provisions on the consumer contained in this section apply to a natural person concluding a contract directly related to his business activity - an individual entrepreneur, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the activity performed by the economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

 In order to receive a VAT invoice, the Customer should declare at the time of purchase that he purchases the Goods as an Entrepreneur (taxpayer). Submission of the above declaration is made by marking the appropriate field in the order form, before sending the order to the Seller