§0
Preliminary provisions
- Online shop Amaitka.pl, available at the website address amanitka.pl is run by a natural person.
- These Regulations are addressed to both Consumers, as well as to Entrepreneurs using the Store and defines the rules for using the Online Store and the rules and procedure for concluding Sales Agreements with the Customer on
distance via the Store. - All photos on our website are our own and are protected, in accordance with the provisions of the Act of 4 February 1994 r. on copyright and related rights (Dz. U. z 2006 r. Nr 90, pos. 631 as amended)
§1
Definitions
- Consumer – a natural person concluding a contract with the Seller within the Store, whose subject matter is not directly related to its business or professional activity.
- Seller - .
- Customer – any entity making purchases via the Store.
- Entrepreneur – a natural person, legal person and organizational unit
not being a legal person, which a separate act grants legal capacity, carrying out business activities on its own behalf, who uses the Store. - Store – online store run by the Seller at the Internet address www.amanitka.pl
- Distance contract - a contract concluded with the Customer as part of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or
more means of distance communication up to and including the conclusion of the contract. - Regulations – these regulations of the Store.
- Order - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for the Product or Products with the Seller.
- Account – customer account in the Store, it collects data provided by the Customer and information about the Orders placed by him in the Store.
- Registration form – form available in the Store, enabling the creation of an Account.
- Order form – an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment method.
- Shopping cart – an element of the Store's software, where the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
- Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement - a Product sales agreement concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means - depending on the features of the Product - a contract for the provision of services and a contract for specific work.
§2
Contact the Store
- Seller's address:
- Seller's e-mail address: sklep@amanitka.pl
- Seller's telephone number: +48
- Seller's bank account number PL
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
- The Customer may communicate with the Seller by phone during business hours: 8:00-16:00
§3
Technical specifications
To use the Store, including viewing the Store's assortment and placing orders for Products, are necessary:
- end device with access to the Internet and a web browser:
- computer, smartphone,tablet
- active e-mail account (e-mail),
- cookie support enabled,
- Web browser.
§4
General information
- To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store, caused by force majeure., unauthorized action of third parties or
incompatibility of the Online Store with the Customer's technical infrastructure. - The Customer may place orders for Products included in the Store's assortment by providing the necessary personal and address data enabling the execution of the Order without creating an Account..
- Prices given in the Store are given in Polish zlotys
- For the final one (final) the amount to be paid by the Customer consists of the price for the Product and the delivery cost (including transportation fees, delivery and postal services), about which the Customer is informed on the Store's website during
placing an Order, including when expressing the will to be bound by the Sales Agreement. - In the case of an Agreement covering subscription or provision of services for an indefinite period, the final date (final) the price is the total price including all payments for the billing period.
- When the nature of the subject matter of the Agreement does not allow, judiciously judging, to calculate the final height in advance (final) prices, information about the method, how the price will be calculated, as well as transport fees,
delivery, postal services and other costs, will be provided in the Store in the Product description.
§ 5
Creating an Account in the Store
- Create a regular customer account by providing the necessary data, e.g. Name, last name, email addresses etc..
2. It is possible to make a purchase without creating an account and logging in to the Store - just provide the necessary personal and address data in the form to enable the order to be processed..
§6
Rules for placing an Order
In order to place an Order, you must::
- select the Product that is the subject of the Order, and then click the "Add to cart" button (or equivalent);
- take advantage of the opportunity to place an Order;
- complete the order form by entering the order recipient's details and address, on which the product is to be delivered, choose the type of shipment (method of delivering the Product), enter your invoice details, if they are different from the details of the recipient of the Order,
- click the “Go to checkout” button, then click the "Place Order" button and confirm the order, by clicking on the link sent in the e-mail,
- choose one of the available payment methods and depending on the payment method, pay for the order within the specified period, subject to § 7 pkt 1.
§7
Delivery and payment methods offered
- The Customer may use the following methods of delivery or collection of the ordered Product:
– InPost shipment. (lead time until 2 working days)
– DPD international shipment (lead time from 2 do 5 working days).
– The customer can use the following payment methods:
– Traditional bank transfer.
– Instant bank transfer using BLIK.
– Electronic payments (prepayment) Tpay. (Under implementation)
- Cash on delivery (upon receipt). - Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
§8
Execution of the sales contract
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 6 Regulations.
- After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order., which contains at least the Seller's declarations of receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller..
- The automatic delivery system is mail order delivery to the customer's address, which was previously provided in the order form, After the payment is received, the customer receives an e-mail with the order status.
- The beginning of the delivery period of the Product to the Customer is counted as follows:
- If the Customer chooses the payment method electronically or by payment card - from the date of crediting the Seller's bank account.
- In case of ordering Products with different dates of readiness for collection, The Customer has the option of receiving the Products in parts (according to their readiness for collection) or collection of all Products after completing the entire order.
- The beginning of the period for the Product to be ready for collection by the Customer is counted as follows:
- If the Customer chooses the method, electronic or payment card payments - from the date of crediting the Seller's bank account.
§9
Right to withdraw from the contract
- The consumer can on time 14 days to withdraw from the Sales Agreement without giving any reason.
- The period specified in section. 1 begins with the delivery of the Product to the Consumer or a person other than the carrier indicated by him.
- In the case of the Agreement, which includes many Products, which are delivered separately, in batches or parts, the deadline specified in section. 1 runs from the delivery of the last item, batch or part.
- In the case of the Agreement, which involves the regular delivery of Products for a specified period of time (subscription), the deadline specified in section. 1 runs from taking possession of the first thing.
- The Consumer may withdraw from the Agreement, by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the deadline.
- The declaration may be sent by traditional mail, by fax or electronically by sending a declaration to the Seller's e-mail address or by submitting a declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration can also be submitted on the form, the template of which is attached as attachment no 1 to these Regulations and the annex to the Act of 30 house 2014 year on consumer rights, however, this is not mandatory.
- If the Consumer sends the declaration electronically, The Seller will immediately send the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer..
- Effects of withdrawal from the Agreement:
- In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
- In the event of withdrawal from the Agreement, the Seller shall refund the Consumer immediately, no later than the deadline 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.
- The payment will be refunded by the Seller using the same payment methods, that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution, which will not happen
there were no costs for him. - The Seller may withhold the refund until he receives the Product back or until he is provided with proof of its return., depending on it, which event will occur first.
- The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day, in which he informed the Seller about withdrawal from the Agreement. The deadline will be kept, if the Consumer returns the Product before the deadline 14 days.
- The consumer bears the direct costs of returning the Product, also the costs of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
- The Consumer is only responsible for the reduction in the value of the Product resulting from using it in a way other than what was necessary to establish its character, features and functioning of the Product.
If, due to the nature of the Product, it cannot be returned by regular mail, information about it, as well as the costs of returning the Product, will be included in the Product description in the Store.
§9 B
Right to withdraw from the contract
The right to withdraw from a distance contract is not available to the Consumer in relation to the Agreement:
- In which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the packaging for health protection or hygiene reasons, if the packaging has been opened after delivery.
- In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet his individual needs.
- In which the subject of the service is an item that deteriorates quickly or has a short shelf life.
- If the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service, that after the Seller has provided the service, he will lose the right to withdraw from the Agreement.
- Where the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement.
- In which the subject of the service are things, which after delivery, due to its nature, become inextricably linked to other things.
- In which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the sales contract, and which can only be delivered after the expiry date 30 days and whose value depends on market fluctuations, over which the Seller has no control.
- In which the subject of the service are sound or visual recordings or computer programs or collector's products delivered in a sealed package, if the packaging has been opened after delivery.
- In case of product damage.
§10
Complaint and warranty
- The Sales Agreement covers new Products.
- The Seller is obliged to provide the Customer with a product free from defects.
- When delivering Amanita Muscaria mushrooms, the product is vacuum and tightly packed to protect the contents against possible direct physical contact with the product.. The product as a whole has
scientific and research value.
Damage to the packaging or opening it results in the loss of the right to make a complaint and withdraw from the contract. - The seller is not responsible for misuse or any consequences of misuse of purchased products from the Amanita Muscaria category. Mushrooms of the Amanita Muscaria species are inedible and are used only for scientific and research purposes..
- The seller declares that I do not sell dried mushrooms, as a rule, for food purposes. Mushrooms from the Amanita Muscaria group are tightly vacuum packed for scientific and research purposes only..
- Complaints should be submitted electronically to the Seller's addresses provided in these Regulations.
- Complaints should be submitted electronically to the Seller's addresses provided in these Regulations or using the electronic complaint form, made available by the Seller on one of the Store's subpages.
- It is recommended that, to include in the complaint, among others:. concise description of the defect, circumstances (including date) her speeches, data of the customer submitting the complaint, and the Customer's request in connection with a defect in the goods.
- The Seller will respond to the complaint immediately, no later than the deadline 14 days, and if he doesn't do it by this date, it is believed, that the Customer's request was considered justified.
- Goods returned under the complaint procedure should be sent to the address provided in § 3 these Regulations.
§11
Out-of-court methods of dealing with complaints and pursuing claims
- Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the district websites. (urban) consumer advocates, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php;
http://www.uokik.gov.pl/sprawy_indywidualne.php;
http://www.uokik.gov.pl/wazne_adresy.php. - The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:
- The consumer is entitled to apply to a permanent consumer arbitration court, referred to in Art. 37 Act of 15 of December 2000 r. on the Trade Inspection (Dz.U. z 2014 r. pos. 148 as of late. zm.), with the request of
resolving a dispute arising from the Agreement concluded with the Seller. - The consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with art. 36 Act of 15 of December 2000 r. on the Trade Inspection (Dz.U. z 2014 r. pos. 148 as of late. zm.), with the request of
initiation of mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller. - The Consumer may obtain free assistance in resolving the dispute between him and the Seller, also taking advantage of free district assistance (urban) consumer advocate or social organization, whose statutory tasks include consumer protection (m.in. Consumer Federation, Association of Polish Consumers).
§12
Personal data in the Online Store
- The administrator of Customers' personal data collected via the Online Store is the Seller.
- Customers' personal data collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer consents, also for marketing purposes.
- The recipients of personal data of Online Store Customers may be::
- In the case of the client, who uses the delivery method by post or courier in the Online Store, The Administrator provides the collected personal data of the Customer to the selected carrier or intermediary carrying out shipments at the request of the Administrator.
- In the case of the client, who uses the electronic payment method or payment card in the Online Store. The Administrator provides the collected personal data of the Customer, selected entity handling the above payments in the Online Store.
- The customer has the right to access and correct their data.
- Providing personal information is voluntary, however, failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
§13
Statements and Awareness
- I declare, that I am an adult and I have graduated 18 years of age.
- The consumer is aware, that the red toadstool (Amanita muscaria) is a poisonous species and is not intended for human consumption.
§14
Final Provisions
- Contracts concluded via the Online Store are concluded in Polish.
- The Seller reserves the right to make changes to the Regulations for important reasons, i.e: changes in legal provisions, changes in payment and delivery methods – to the extent, to what extent these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
- In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, especially: Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
- The customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose, he may submit a complaint via the EU ODR online platform available at:
http://ec.europa.eu/consumers/odr/
Annex no 1 (Declaration of withdrawal from the contract)
……………… … (town), on………………..
Details of the person submitting the declaration
First name and last name:……………………………………………………………
Email addresses:…………………………………………………………………
Phone number:…………………………………………………………
STATEMENT
ABOUT WITHDRAWAL FROM THE AGREEMENT
I hereby declare, that I withdraw from the sales contract ………………………………………………………… (selling item) contained in …………………………………… (town), in day
……………………………. .
The basis for the requirement to withdraw from the contract is:. the above-mentioned sales agreement, which grants such rights to the Buyer within ……………………….. from its sale.
Pause, this may be an indirect withdrawal from the contract, is considered a non-concluded contract, the party obliged to this return, unchanged. Therefore, he also has the opportunity to request a price change, offered by me, in exchange for sharing ………….. I declare, that about it, that the sale has been returned to you by ……….………………… in an unchanged condition.
Kind regards,
……………………………