ONLINE STORE REGULATIONS
1. Extensions of the Regulations, general terms, conditions and method of sale by RUDKOW SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Raszówka for access to the online store ecopicnic.pl (hereinafter referred to as the "Online Store") and specifying the terms and conditions of providing free services by electronic means by RUDKOW SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Raszówka.
- 1 Definitions
- Working days - means days of the week from Monday to Sunday, with public holidays.
- Delivery - means the delivery to the customer by sale, through the Supplier, of the Goods in the order.
- means the courier company with which it cooperates in the delivery of Goods.
- Password - means a sequence of letters, numbers or other characters selected by the customer during Registration in the Online Store, available for the purposes of securing access to the Customer Account in the Online Store.
- Customer - means the entity for which the Regulations apply and the distribution of the right, which may be a service by electronic means or with the possibility of having a sales contract.
- Consumer - this means a person who acts with an entrepreneur in connection with an activity not directly related to his or her activity or available.
- Customer Account - means an individual panel for each Customer, launched on his/her behalf by the Seller, after the Customer has registered and concluded an agreement for the provision of Customer Account services.
- Entrepreneur with Consumer Rights - means an available person concluding a Sales Agreement that is directly applicable to his/her business activity, when the content of the sales agreement indicates that it does not have a subjective character for this entrepreneur, specified in the topic extended by his/her business activity, regulated on the basis of the provisions on the Central Register and Information on Business Activity.
- Regulations - means the regulation regulations.
- Registration - means the actual implementation in the manner of application in the Regulations, required for use by the Customer of all users 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, in the register used by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under KRS number 0000627936; e-mail: biuro@ecopicnic.pl, will also be the owner of the Online Store.
- Online Store Website - means the websites under which the Seller runs the Online Store, operating in the domain ecopicnic.pl.
- Goods - means a product presented by the Seller via the Store Website, which may be the subject of a Sales Agreement.
- Durability - the ability of Goods to maintain their functions and properties during normal use.
- Durable medium - means a material or tool enabling the Customer or Seller to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and which allows the reproduction of the stored information in an unchanged form.
- Sales Agreement - means a sales agreement concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.
- 2 General provisions and use of the Online Store
- All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to templates, forms, logos posted on the Online Store Website (except for logos and photos presented on the Online Store Website 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 in and in accordance with the Regulations and with the Seller's consent expressed in writing.
- The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular Internet browsers, operating systems, device types and types of Internet connections. The minimum technical requirements for using the Online Store Website are an Internet browser of at least Internet Explorer 11 or Chrome 89 or FireFox 86 or Opera 53 or Safari 5 or newer, with Javascript support enabled, accepting "cookies" and an Internet connection with a bandwidth of at least 256 kbit/s. The Online Store Website is optimized for a minimum screen resolution of 1024x768 pixels.
- The Seller uses the "cookies" mechanism, which are saved by the Seller's server on the hard drive of the Customer's end device when the Customers use the Online Store Website. The use of "cookies" is intended to ensure the correct operation of the Online Store Website on the Customers' end devices. This mechanism does not destroy the Customer's end device and does not cause any configuration changes in the Customers' end devices or in the software installed on these devices. Each Customer may disable the "cookies" mechanism in the web browser of their end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Online Store Website.
- In order to place an order in the Online Store via the Store Website or e-mail and to use the services available on the Store Website, the Customer must have an active e-mail account.
- In order to place an order in the Online Store by telephone, the Customer must have an active telephone number and an active e-mail account.
- The Customer is prohibited from providing content of an illegal nature and from using the Online Store, the Store Website or free services provided by the Seller in a manner that is contrary to the law, good customs or infringes the personal rights of third parties.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized persons obtaining and modifying Customer data, therefore Customers should use appropriate technical measures that will minimize the above-mentioned risks. In particular, they should use antivirus programs and programs that protect the identity of people using the Internet. The Seller never asks the Customer to provide them with a Password in any form.
- It is prohibited to use the resources and functions of the Online Store for the purpose of conducting by the Customer an activity that would violate the interests of the Seller, i.e. advertising activity of another entrepreneur or product; activity consisting in posting content unrelated to the activity of the Seller; activity consisting in posting false or misleading content.
- 3 Registration
- In order to create a Customer Account, the Customer is required to complete free registration.
- Registration is not necessary to place an order in the Online Store.
- In order to Register, the Customer should complete the registration form provided by the Seller on the Store 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.
- When completing the registration form, the Customer has the opportunity to read the Regulations and accept their content by checking the appropriate box in the form.
- After sending the completed registration form, an agreement for the electronic provision of the Customer Account service is concluded, and the Customer obtains access to the Customer Account and may make changes to the data provided during Registration.
- 4 Regulations
- The information on the Store Website does not constitute an offer from the Seller within the meaning of the Civil Code, but merely an invitation for Customers to submit offers to conclude a Sales Agreement.
- The Customer may place orders in the Online Store via the Store Website or e-mail 7 days a week, 24 hours a day.
- The Customer may place orders in the Online Store by telephone during the hours and days indicated on the Store's Website.
- A Customer placing an order via the Store Website completes the order by selecting the Goods they are interested in. The Goods are added to the order by selecting the "ADD TO CART" command under a given Good presented on the Store Website. After completing the entire order and indicating the method of Delivery and payment in the "CART", the Customer places the order by sending the order form to the Seller, selecting the "I buy and pay" button on the Store Website. Each time before sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as of all additional costs that they are obliged to incur in connection with the Sales Agreement.
- A Customer placing an order by phone uses the telephone number provided by the Seller on the Store Website. During the telephone conversation, the Customer indicates to the Seller the name of the Goods from among the Goods available on the Store Website, the quantity of Goods that he would like to order and specifies the method and address of Delivery and the form of payment, and also indicates, at his discretion, an e-mail address or correspondence address in order for the Seller to confirm the content of the proposed agreement and confirm the order - in the event that a Sales Agreement has been concluded between the Customer and the Seller. Each time during the telephone conversation, the Seller informs the Customer about the total price of the selected Goods and the total cost of the selected Delivery method, as well as about all additional costs that the Customer would be obliged to incur in the event of concluding a Sales Agreement.
- The Seller confirms to the Customer the content of the proposed Sales Agreement, recorded - in accordance with the Customer's choice - on paper or in the form of an electronic message - confirmation occurs before the conclusion of the Sales Agreement.
- The Customer's declaration of conclusion of the Sales Agreement, submitted by him after receiving the confirmation from the Seller referred to above in §4 section 6, is recorded on paper or another durable medium.
- After concluding the Sales Agreement by phone, the Seller will send on a Durable Medium, to the e-mail address or correspondence address provided by the Customer, information containing confirmation of the terms of the Sales Agreement. The confirmation includes in particular: the specification of the Goods that are the subject of the Sales Agreement, its price, the cost of Delivery and information on any other costs that the Customer is obliged to incur in connection with the Sales Agreement.
- A customer placing an order via e-mail sends it to the e-mail address provided by the Seller on the Store Website. In the message sent to the Seller, the Customer provides in particular: the name of the Product, its color and quantity, from the Products presented on the Store Website and their contact details.
- After receiving the message from the Customer via e-mail, as referred to in §4 section 9, the Seller shall send the Customer a return message via e-mail, providing its registration data, the price of the selected Goods and possible forms of payment, as well as the method of Delivery together with its cost, as well as information on all additional payments that the Customer will incur under the Sales Agreement. The message also contains information for the Customer that concluding 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 method of payment and method of Delivery.
- Placing an order constitutes the submission by the Customer to the Seller of an offer to conclude a Sales Agreement for the Goods that are the subject of the order.
- After placing the order, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.
- Then, after confirming the order, the Seller sends information about accepting the order for execution to the e-mail address provided by the Customer. Information about accepting the order for execution constitutes the Seller's declaration of acceptance of the offer referred to in §4 section 11 above and upon its receipt by the Customer, the Sales Agreement is concluded. 11 above and upon its receipt by the Customer, the Sales Agreement is concluded.
- 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 placing an order.
- When making payments for purchased Goods listed in Annex No. 15 to the Act of 11 March 2004 on Goods and Services Tax (consolidated text: Journal of Laws of 2018, item 2174, as amended), which payments are documented by an invoice, where the total amount due exceeds PLN 15,000 gross or the equivalent of this amount - taxpayers are obliged to use the split payment mechanism, in accordance with applicable regulations, if it applies to the Customer placing the order.
- The invoice issued by the Seller, referred to above, should include the words: "split payment mechanism". The parties to such a transaction are obliged to have a settlement account, referred to in art. 49 sec. 1 of the VAT Act. 49 sec. 1 item 1 of the Act of 29 August 1997 - Banking Law or a personal account in a cooperative savings and credit union opened in connection with the conducted business activity, kept in Polish currency.
- 5 Payments
1. Prices on the Store Website placed next to a given Product are gross and net prices and do not include information on Delivery costs 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 selecting the Delivery method and placing the order.
2. The Customer may choose the following payment methods for the ordered Goods:
a) bank transfer to the Seller's bank account (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after the funds are credited to the Seller's bank account);
b) settlement of transactions using electronic payments and payment cards is carried out in accordance with the Customer's choice through authorised services operating under separate regulations (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after the Seller receives information from the payment service about the payment being made by the Customer) (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);
c) cash on delivery, payment to the Supplier upon Delivery (in this case, the execution of the order will begin after the Seller sends the Customer confirmation of acceptance of the order).
3. The Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he has chosen the form of prepayment.
4. In the event that the Customer fails to make the payment within the time limit referred to in §5 section 3 of the Regulations, the Seller shall set the Customer a deadline for making the payment. 3 of the Regulations, the Seller shall set the Customer an additional deadline for making the payment and shall inform the Customer about it on a Durable Medium. Information about the additional deadline for making the payment shall also include information that after the ineffective expiry of this deadline, the Seller shall withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller shall send the Customer a declaration of withdrawal from the agreement on a Durable Medium in accordance with Article 491 of the Civil Code. 491 of the Civil Code.
- 6 Delivery
1. The Seller delivers goods within 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 free from defects.
3. The Seller posts information on the number of Business Days needed for Delivery and order fulfillment (maximum 5 business days) on the Store Website.
4. The Delivery and order fulfillment deadline indicated on the Store Website is counted in Business Days in accordance with §5 section 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 the Goods are sent to the Customer, information confirming the shipment by the Seller is sent to the Customer's e-mail address.
7. The Customer is obliged to examine the delivered shipment in the time and manner accepted for shipments of this type. In the event of a loss or damage to the shipment, the Customer has the right to demand that an employee of the Supplier draw up an appropriate protocol.
8. The Seller, in accordance with the will of the Customer, attaches a receipt or VAT invoice covering the delivered Goods to the shipment that is the subject of Delivery. In order to receive a VAT invoice, the Customer should declare at the time of purchase that they are purchasing the Goods as an Entrepreneur (taxpayer). The above declaration is made by checking the appropriate box in the order form, before sending the order to the Seller.
9. In the event of the Customer's absence at the address indicated by him, given when placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact him by phone in order to establish a date when the Customer will be present. In the event of the return of the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or phone, agreeing with the Customer on the date and cost of Delivery. date and cost of Delivery with the Customer.
10. Courier companies used to deliver goods from the Seller to the Customer: DPD, INPOST, DHL.
7 Guarantee for entrepreneurs
- The Seller ensures Delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods have a defect.
- If the Product has a defect, the Entrepreneur may:
- submit a declaration of a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Entrepreneur replaces the defective Goods with defect-free ones 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 ones or to remove the defect. The Entrepreneur may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Goods with defect-free ones or, instead of the replacement of 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 excessiveness of costs, the value of the Goods free from defects, the type and significance of the identified defect are taken into account, as well as the inconvenience to which the Entrepreneur would be exposed by another method of satisfaction.
The Entrepreneur may not withdraw from the Sales Agreement if the defect is insignificant.
- demand the replacement of the defective Goods with defect-free ones or the removal of the defect. The Seller is obliged to replace the defective Goods with defect-free ones or to 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 the manner chosen by the Entrepreneur is impossible or would require excessive costs in comparison with another possible way of bringing them into compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
- The entrepreneur who exercises the rights under the warranty is obliged to deliver the defective item to the Seller's address. The Seller covers the delivery costs.
- The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the issue of the Goods to the Entrepreneur. The claim for removal of the defect or replacement of the Goods with defect-free ones expires after one year, however, 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 declaration of a price reduction due to the defect of the Goods. If the Entrepreneur requested the replacement of the Goods with defect-free ones or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a declaration of a price reduction begins at the moment of ineffective expiry of the period for replacement of the Goods or removal of the defect.
- Any complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Entrepreneur in writing to the Seller's address
- The Seller will respond to the complaint regarding the Goods or the complaint related to the performance of the Sales Agreement submitted by the Entrepreneur within 14 days from the date of the request containing the complaint.
- The Entrepreneur may file a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be filed in electronic form and sent to the address unipack@unipack.pl. In the complaint, the Entrepreneur should include a description of the problem that has occurred. The Seller shall immediately, no later than within 14 days, consider the complaint and provide the Entrepreneur with an answer.
- 8. Non-conformity of the goods with the contract
Consumer and Entrepreneur Complaints and Consumer Rights
- The goods are in conformity with the contract if, in particular:
- description, type, quantity, quality, completeness and functionality and, in the case of goods with digital elements, also compatibility, interoperability and availability of updates;
- suitability for a specific purpose for which it is needed by the Consumer or Entrepreneur with the rights of a Consumer, about which the Consumer or Entrepreneur with the rights of a Consumer informed the Seller at the latest at the time of conclusion of the agreement and which the Seller accepted.
- In addition, for the Goods to be deemed to be in conformity with the contract, they must:
- be suitable for the purposes for which Goods of this type are normally used, taking into account applicable laws, technical standards or good practice;
- be in such quantity and have such features, including durability and security, and in relation to Goods with digital elements - also functionality and compatibility, that are typical for Goods of this type and which the Consumer or Entrepreneur having the rights of the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurance of the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:
- he was not aware of the public assurance in question and, judging reasonably, could not have known about it;
- before the conclusion of the contract, the public assurance was rectified under the terms and in the form in which the public assurance was given, or in a comparable manner;
- the public assurance had no influence on the decision of the Consumer or Entrepreneur with Consumer rights to conclude the contract.
- c) be delivered together with the packaging, accessories and instructions that a Consumer or an Entrepreneur with Consumer rights may reasonably expect;
- d) be of the same quality as the sample or model that the Seller made available to the Consumer or the Entrepreneur exercising the Consumer's rights before concluding the contract, and correspond to the description of such sample or model.
- The Seller shall not be liable for the non-conformity of the Goods with the contract to the extent referred to in §8 sec. 2, if the Consumer or Entrepreneur with the rights of the Consumer was expressly informed at the latest at the time of conclusion of the contract that a specific feature of the Goods deviates from the requirements of conformity with the contract specified in §8 sec. 2, and expressly and separately accepted the lack of a specific feature of the Goods.
- The Seller is liable for the non-conformity of the Goods with the contract resulting from improper installation of the Goods if:
- was made by the Seller or under his responsibility;
- incorrect assembly performed by the Consumer or Entrepreneur with Consumer rights resulted from errors in the instructions provided by the entrepreneur or a third party
- The Seller is liable for the non-conformity of the Goods with the contract existing at the time of its issue and revealed before the expiry of two years from that time, unless the expiry date of the Goods for use specified by the Seller, its legal predecessors or persons acting on their behalf is longer. It is presumed that the non-conformity of the Goods with the contract, which came to light before the expiry of two years from the issue of the Goods, existed at the time of its issue, unless something else results from the evidence or presumption cannot be reconciled with the specificity of the Goods or the nature of the non-conformity of the Goods with the contract
- The Seller may not invoke the expiry of the time limit for determining the non-conformity of the Goods with the contract specified in §8 section 5 if the defect was fraudulently concealed.
- If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with Consumer rights may request their repair or replacement.
- The Seller may replace the Goods with new ones at the request of the Consumer or the Entrepreneur with the rights of the Consumer or the Seller may repair them at the request of the Consumer or the Entrepreneur with the rights of the Consumer, if bringing the Goods into compliance with the contract in the manner chosen by the Consumer or the Entrepreneur with the rights of the Consumer is impossible 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.
- When assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the non-conformity of the Goods with the contract, the value of the Goods in accordance with the contract and the excessive burden on the Consumer or Entrepreneur with the Consumer's rights resulting from the change in the method of bringing the Goods into conformity with the contract.
- The Seller shall repair or replace the Goods within a reasonable time from the moment the Consumer or Entrepreneur with the rights of the Consumer informs him about the non-conformity of the Goods with the contract and without excessive inconvenience to the Consumer or Entrepreneur with the rights of the Consumer, taking into account the specificity of the Goods and the purpose for which the Consumer or Entrepreneur with the rights of the Consumer acquired them. The costs of repair or replacement, including in particular the costs of shipping, transport, labor and materials, shall be borne by the Seller. The Consumer or
- The Entrepreneur with the rights of the Consumer issues the Seller with the Goods subject to repair or exchange. The Seller collects the Goods from the Consumer or the Entrepreneur with the rights of the Consumer at its own expense.
- If the Goods were installed before the non-conformity of the Goods with the contract was discovered, the Seller shall dismantle the Goods and reassemble them after repair or replacement or have these activities performed at its own expense.
- The Consumer or Entrepreneur with the rights of the Consumer is not obliged to pay for normal use of the Goods that were subsequently replaced.
If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with the rights of the Consumer may submit a declaration of price reduction or withdrawal from the contract when:
- The Seller refused to bring the Goods into conformity with the contract in accordance with §8 section 8 above;
- The Seller has not brought the Goods into a condition consistent with the contract in accordance with §8 sec. 10 to §8 sec. 12 above. 12 above;
- the non-conformity of the Goods with the contract persists despite the fact that the Seller has attempted to bring the Goods into conformity with the contract;
- the non-conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protection measures specified in §8 sec. 7 to §8 sec. 12 above. 12 above;
- d) it follows from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer or the Entrepreneur exercising the rights of the Consumer.
- The seller is obliged to respond to the consumer's complaint within 14 days of receiving it.
- The Seller shall return to the Consumer or Entrepreneur with the rights of a Consumer the amounts due resulting from the exercise of the right to reduce the price immediately, no later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with the rights of a Consumer about the price reduction.
- A consumer or an entrepreneur with consumer rights cannot withdraw from the contract if the nonconformity of the Goods with the contract is immaterial. It is presumed that the nonconformity of the Goods with the contract is material
- If the non-conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or the Entrepreneur with the rights of the Consumer may withdraw from the contract only with respect to those Goods, as well as with respect to other Goods acquired by the Consumer or the Entrepreneur with the rights of the Consumer together with the Goods that are non-conforming with the contract, if the Consumer or the Entrepreneur with the rights of the Consumer cannot reasonably expect that he will agree to retain only the Goods that are compliant with the contract.
- In the event of withdrawal from the contract, the Consumer or the Entrepreneur with the rights of the Consumer shall immediately return the Goods to the Seller at their expense. The Seller shall return the price to the Consumer or the Entrepreneur with the rights of the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.
- The Seller shall refund the price using the same method of payment as used by the Consumer or the Entrepreneur with the rights of a Consumer, unless the Consumer or the Entrepreneur with the rights of a Consumer has expressly agreed to another method of refund that does not involve any costs for him.
- The Seller does not use out-of-court methods of resolving disputes referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
- 9. Withdrawal from the Sales Agreement
- A Customer who is a Consumer or an Entrepreneur with Consumer rights and who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
- The time limit for withdrawal from the Sales Agreement begins when the Product is taken into possession by the Consumer, the Entrepreneur with the rights of the Consumer or a third party indicated by him other than the carrier.
- The Consumer and the Entrepreneur with the rights of the Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal from the Sales Agreement to the Seller. This declaration may be submitted, for example, in writing to the Seller's address: 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 declaration may be submitted on a form, the template of which has been posted by the Seller on the Store's website at: Withdrawal form. To meet the deadline, it is sufficient to send the declaration before it expires.
- The Consumer and the Entrepreneur with the rights of the Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller using the form available on the website at: Electronic Form for Withdrawal from the Agreement. To meet the deadline, it is sufficient to send the declaration before it expires. The Seller shall immediately confirm to the Consumer and the Entrepreneur with the rights of the Consumer the receipt of the form submitted via the website.
- In the event of withdrawal from the Sales Agreement, it is considered invalid.
- If the Consumer or Entrepreneur with the rights of a Consumer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
- The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the declaration of the Consumer or Entrepreneur with the rights of the Consumer on withdrawal from the Sales Agreement, return all payments made by him, including the costs of Delivery of the Goods to the Consumer or Entrepreneur with the rights of the Consumer. The Seller may withhold the return of payments received from the Consumer or Entrepreneur with the rights of the Consumer until the Goods are received back or the Consumer or Entrepreneur with the rights of the Consumer provides proof of their return, depending on which event occurs first.
- If the Consumer or Entrepreneur with the rights of a Consumer exercising the right to withdraw from the contract has chosen a method of delivery of the Goods other than the cheapest standard method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer or Entrepreneur with the rights of a Consumer for the additional costs incurred by him.
- The Consumer or Entrepreneur with the rights of the Consumer is obliged to return the Goods to the Seller immediately, but no later than 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the Goods to the Seller's address before it expires.
- In the event of withdrawal from the contract, the Customer who is a Consumer or an Entrepreneur with Consumer rights shall bear only the direct costs of return.
- If, due to their nature, the Goods cannot be returned by post in the normal manner, the Seller shall inform the Consumer and the Entrepreneur with consumer rights about the costs of returning the goods on the Shop Website.
- The Consumer and the Entrepreneur with the rights of the Consumer are liable for any reduction in the value of the Goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- The Seller shall refund the payment using the same method of payment as used by the Consumer or the Entrepreneur with the rights of a Consumer, unless the Consumer or the Entrepreneur with the rights of a Consumer has expressly agreed to another method of refund that does not involve any costs for him.
- The right to withdraw from the Sales Agreement does not apply to the Consumer and the Entrepreneur exercising the rights of the Consumer in relation to agreements in which the Goods are items delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
- 10 Free services
- The Seller provides Customers with free services electronically:
- Contact form;
- newsletter;
- Maintaining a customer account;
- Ask about the product;
- d) Posting reviews.
- The services indicated in §10 section 1 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to select and change the type, form, time and method of granting access to selected services, about which it will inform Customers in a manner appropriate for changing the Regulations.
- The Contact Form service involves sending a message to the Seller using the form available on the Store’s Website.
- You can opt out of the free Contact Form service at any time by ceasing to send inquiries to the Seller.
- 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 Store Website. After sending the completed registration form, the Customer immediately receives an activation link to the e-mail address provided in the registration form in order to confirm the subscription to the Newsletter. Upon activation of the link by the Customer, an agreement for the provision of the Newsletter service by electronic means is concluded.
- The Newsletter service consists of sending messages in electronic form to the e-mail address by the Seller 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.
- Each Newsletter addressed to specific Customers contains in particular: information about the sender, a completed "subject" field specifying the content of the message and information on the possibility and method of unsubscribing from the free Newsletter service.
- The Customer may unsubscribe from the Newsletter at any time by unsubscribing using the link provided in each e-mail sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.
- Ordering a product service involves sending a message to the Seller using the form located on the Store’s Website.
- You can opt out of the free Ask about a product service at any time by ceasing to send inquiries to the Seller.
- Customer Account service is available after Registration on the terms described in the Regulations and consists of providing the Customer with a dedicated panel on the Store Website, enabling the Customer to modify the data provided during Registration, as well as track the status of orders and the history of orders already fulfilled.
- A Customer who has registered may submit to the Seller a request to delete the Customer Account, and in the event of a request to delete the Customer Account by the Seller, it may be deleted within 14 days of submitting the request.
- The opinion posting service consists in enabling the Seller to post individual and subjective statements of the Customer concerning, in particular, the Goods on the Shop Website for Customers who have a Customer Account.
- Resignation from the Opinion posting service is possible at any time and consists in ceasing to post content by the Customer on the Store's Website.
- 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 unrelated to the Seller's activity; activity consisting in posting false or misleading content, as well as in the event of the Customer acting to the detriment of other Customers, the Customer violating legal regulations or provisions of the Regulations, as well as when blocking access to the Customer Account and free services is justified by security reasons - in particular: the Customer breaking the security of the Store Website 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 electronically to the address provided by the Customer in the registration form.
- 11. The Client's responsibility for the content he publishes
- By posting content and making it available, the Customer voluntarily distributes it. The posted content does not express the views of the Seller and should not be identified with its activities. The Seller is not a content provider, but only an entity providing appropriate IT resources for this purpose.
- The customer declares that:
- is entitled to use the copyrights, industrial property rights and/or related rights to - respectively - the works, the subjects of industrial property rights (e.g. trademarks) and/or related rights that make up the content;
- The posting and sharing of personal data, images and information relating to third parties within the services referred to in §10 of the Regulations was carried out legally, voluntarily and with the consent of the persons concerned;
- consents to viewing the published content by other Customers and the Seller, and authorizes the Seller to use it free of charge in accordance with the provisions of these Regulations;
- consent to the development of works within the meaning of the Copyright and Related Rights Act.
- The customer is not entitled to:
- posting, as part of the use of the services referred to in §10 of the Regulations, personal data of third parties and disseminating the image of third parties without the consent or consent of a third party required by law;
- posting advertising and/or promotional content as part of using the services referred to in §10 of the Regulations.
- The Seller is responsible for the content posted by Customers, provided that he receives notification in accordance with §12 of the Regulations.
- It is prohibited for Service Users to post, when using the services referred to in §10 of the Regulations, content that may in particular:
- be published in bad faith, e.g. with the intention of violating the personal rights of third parties;
- infringe any third party rights, including rights relating to the protection of copyright and related rights, the protection of industrial property rights, trade secrets or confidentiality obligations;
- be offensive or threatening to other people, contain language that violates good manners (e.g. through the use of vulgarisms or terms generally considered offensive);
- be contrary to the interests of the Seller, i.e. content constituting advertising materials for another entrepreneur or product; content unrelated to the Seller's business; false or misleading content;
- d) otherwise violate the provisions of the Regulations, good customs, applicable law, social or moral norms.
- In the event of receiving a report in accordance with §12 of the Regulations, the Seller reserves the right to modify or remove 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 reports from third parties or relevant authorities, has been found to constitute a violation of these Regulations or applicable law. The Seller does not conduct ongoing control of posted content.
- The Customer consents to the Seller's free use of the content posted by him on the Store's Website.
- 12. Reporting a threat or violation of rights
- If the Customer or another person or entity believes that the content posted on the Store Website violates their rights, personal rights, good customs, feelings, morality, beliefs, principles of fair competition, know-how, secrets protected by law or under an obligation, they may notify the Seller of a potential violation.
- The Seller, upon being notified of a potential infringement, shall take immediate action to remove the content that caused the infringement from the Store Website.
- 13. Personal data protection
The principles of Personal Data protection are included in the Privacy Policy.
- 14. Termination of the contract (does not apply to sales contracts)
- Both the Customer and the Seller may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned agreement and the provisions below.
- The Customer who has registered terminates the contract for the provision of services by electronic means by sending the Seller an appropriate declaration of intent, using any means of distance communication enabling the Seller to become familiar with the Customer's declaration of intent.
- The Seller terminates the contract for the provision of services electronically by sending the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during Registration.
- 15 Final provisions
- The Seller shall be liable for failure to perform or improper performance of the contract, and in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of the losses actually incurred by the Customer who is an Entrepreneur.
- The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store's Website.
- In the event of a dispute arising from 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.
- The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to resolve disputes out-of-court. These may be, in particular, consumer ombudsmen or the Voivodeship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The Seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and traders at EU level (ODR platform).
- 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 executed on the basis of the Regulations that were in force on the date of placing the order by the Customer. The change to the Regulations comes into force within 7 days from the date of its publication on the Store Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the change to the Regulations by means of an e-mail containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact, which results in the termination of the contract in accordance with the provisions of §14 of the Regulations.
- Agreements with the Seller are concluded in Polish or English.
- The regulations enter into force on 28 March 2023.
§ 16 Returns and complaints
Liability under warranty and guarantee in the case of sales involving a CONSUMER and an INDIVIDUAL ENTREPRENEUR.
The SELLER is obliged to deliver the PRODUCT that is the subject of the contract - free from defects.
The Seller is liable under the warranty for physical defects that existed at the time of transfer of risk 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 warranty, the buyer's rights and the guarantor's obligations in this respect are specified and should be implemented in accordance with the conditions specified in the WARRANTY CARD. The WARRANTY granted for the sold PRODUCT is an additional right and does not exclude, limit or suspend the CONSUMER's rights 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 warranty if the CONSUMER knew about the defect at the time of conclusion of the contract.
In the event of a defect or non-conformity of the delivered PRODUCT with the contract, the CONSUMER has the right to file a complaint.
In order to file a complaint, it is recommended that the CONSUMER fills in the complaint protocol (FILE NAME) or otherwise describes the grounds for the complaint and the request to remove defects and sends the notification by e-mail or by letter to the SELLER's correspondence address provided in the header. Notifications can also be made by phone or verbally.
DEFECTIVE PRODUCT - in agreement with the SELLER - if possible and reasonable - the CONSUMER who exercises the rights under the warranty will be obliged to deliver the item at the SELLER's expense to the place specified in the sales agreement, and if such a place is not specified in the agreement - to the place where the item was issued to the CONSUMER. If, due to the type of item or the way it was installed, 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 sold item has a defect, the CUSTOMER may submit a declaration of a price reduction or withdrawal from the contract, unless the SELLER immediately and without excessive inconvenience to the buyer replaces the defective item with a defect-free one 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 one or remove the defect.
If the buyer is a CONSUMER, they may, instead of the removal of the defect proposed by the seller, request the exchange of the item for a defect-free one or, instead of the exchange of the item, request the 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 proposed by the seller. When assessing the excessiveness of costs, the value of the item free from defects, the type and significance of the identified defect are taken into account, as well as the inconvenience to which the buyer would be exposed by another method of satisfaction.
The reduced price should remain in such proportion to the price resulting from the contract in which the value of the item with the defect remains in relation to the value of the item without the defect.
The buyer may not withdraw from the contract if the defect is insignificant.
If the sold item has a defect, the buyer may request 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 to remove the defect within a reasonable time without excessive 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 the manner chosen by the buyer is impossible or would require excessive costs compared to the second possible method of bringing it 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 to remove the defect also when the costs of fulfilling this obligation exceed the price of the item sold.
The SELLER will consider the complaint without undue delay. No later than within 14 calendar days from the date of receipt of the complaint and within this time will inform the CONSUMER in writing or via e-mail about the status of the complaint. Leaving the complaint unanswered within this time is equivalent to accepting the complaint.
After considering the complaint, the SELLER will refund the CONSUMER the costs incurred in connection with the complaint. The SELLER will transfer the amount due to the CONSUMER to the bank account or by postal order.
If the acceptance of the complaint involves the repair or replacement of the goods, the SELLER will send the product back to the CONSUMER at its own expense.
The provisions on consumers contained in this section shall apply to a natural person concluding a contract directly related to his/her business activity - an individual entrepreneur, when it results from the content of this contract that it is not of a professional nature for this person, resulting in particular from the subject of the business activity conducted by him/her, made available under the provisions on the Central Register and Information on Business Activity.
____________________Complaint form__________________________
G. Complaints and withdrawal from the contract (returns) in relations with CUSTOMERS who are not CONSUMERS (applies to entrepreneurs).
This section of the Terms and Conditions applies only to relationships with Buyers who are not CONSUMERS.
After receiving the shipment with the ordered products, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner accepted for shipments of this type. If he finds that the Product has been lost or damaged during transport, he is obliged to perform all actions necessary to establish the carrier's liability.
The Seller's liability towards a non-consumer Customer, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the price paid and delivery costs under the concluded contract. The Seller is liable to a non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits towards a non-consumer Customer.
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 Seller's registered office.
Regulations regarding the principles of warranty for defects and quality guarantee - not listed above - in contracts with entrepreneurs have been adopted directly in the wording adopted in the Civil Code, Articles 556-581. 556-581.
The right to withdraw from the contract (RETURN OF GOODS) in the case of distance selling involving a CONSUMER and an INDIVIDUAL ENTREPRENEUR.
In accordance with art. 27 of the Consumer Rights Act (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, this period runs from taking possession of the last item, batch or part, if the contract consists in the regular delivery of Products for a specified period - from taking possession of the first of the Products - and in the case of the provision of services or a contract of a different nature - 14 days from the date of conclusion of the contract, whereby if the buyer is the CONSUMER, the handover of the sold item to the buyer is considered to be its entrustment by the SELLER to the carrier, if the SELLER had no influence on the choice of the carrier by the buyer. If at the time of conclusion of the contract the CONSUMER chose a method of delivery of the item other than the cheapest standard method of delivery offered by the SELLER - the SELLER is not obliged to reimburse the CONSUMER for any additional costs incurred by him/her that exceed the cheapest standard method of delivery. The condition for meeting the deadline is to submit a declaration of withdrawal from the contract to the SELLER within that time. A declaration sent electronically is also valid - you can use the ready form (Declaration of withdrawal from the contract.doc). In the event of submitting the declaration electronically, the SELLER will immediately send the CONSUMER on a durable medium a confirmation of receipt of the declaration of withdrawal from the contract.
After sending the declaration, the CONSUMER is obliged to return it within 14 calendar days (STORE NAME) to the CORRESPONDENCE address provided in the SELLER's data - unless the SELLER has offered to collect the PRODUCT himself. The date of shipment is decisive for meeting the deadline.
CONSUMER applies in relation to values resulting from use in a manner other than that necessary to possess the nature, characteristics and use of the item.
The SELLER will return the payments made by the CONSUMER within 14 calendar days, including the costs of delivering the goods from the SELLER to the CONSUMER. However, the SELLER may be notified of the refund of payments until the goods are received or until the consumer receives the shipment of the return - in response to the one that was sent earlier. The SELLER will return the payment using the same method of response specified by the CONSUMER, unless the CONSUMER is disconnected in another way that is not connected to him with the connected devices and costs.
The direct refund of the PRODUCT costs to the SELLER applies to the CONSUMER (CUSTOMER).
The CONSUMER does not have the right to withdraw from the contract concluded at a distance in addition.
SELLER has not received responses sent "cash on delivery". The return shipment must be properly secured against transport hazards.