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SHOP RULES

ONLINE STORE REGULATIONS

www.agri-express.com

CONTENTS:

I. INTRODUCTORY PROVISIONS

II. ELECTRONIC SERVICES IN THE ONLINE STORE

III. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

V. COSTS, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT

VI. PRODUCT COMPLAINTS

VII. RIGHT OF WITHDRAWAL FROM THE CONTRACT

VIII. PROVISIONS RELATING TO ENTREPRENEURS

IX. PERSONAL DATA IN THE ONLINE STORE

X. OTHER PROVISIONS

 

I. INTRODUCTORY PROVISIONS

 

  1. Online Store available at www.agri-express.com The owner of the online store www.agri-express.com is Agri-Express Fabian Kieczka with its registered office in Oławska 48, 57-100 Strzelin, NIP: 9141552864, REGON: 523423141. Address for service: Oławska 48 57-100 Strzelin, tel. +48 606 908 862, e-mail address: sklep@agri-express.com
  2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (with the exception of Regulations IX, which is addressed only to entrepreneurs).
  3. The Service Provider is the controller of personal data processed in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, within the scope, and based on the principles specified in the Online Store Terms and Conditions. Providing personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect, update, and correct it.
  4. Definitions:

4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.

4.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.

4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).

4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.

4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users who use it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.

4.8. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

4.9. REGULATIONS – these regulations of the Online Store.

4.10. ONLINE STORE - the Service Provider's online store available at the following internet address: www.agri-express.com

  1. 11. SELLER; SERVICE PROVIDER – Agri-Express Fabian Kieczka with its registered office in Oławska 48, 57-100 Strzelin, Tax Identification Number (NIP): 9141552864, National Business Registry Number (REGON): 523423141. Address for service: Oławska 48 57-100 Strzelin, tel. +48 606 908 862, e-mail address: sklep@agri-express.com

4.12. SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store.

4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - using or intending to use the Electronic Service.

4.15. CONSUMER RIGHTS ACT, ACT – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).

4.16. ORDER - a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.

II. ELECTRONIC SERVICES IN THE ONLINE STORE

 

  1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.

1.1. Account – the Account can be used after the Service User completes three consecutive steps: (1) completing the Registration Form, (2) clicking the " Register " field, and (3) confirming the intention to create an Account by clicking the confirmation link automatically sent to the email address provided. The Registration Form requires the Service User to provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and password. For Service Users who are not consumers, the company name and Tax Identification Number (NIP) are also required.

1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to: sklep@agri-express.com or in writing to: Oławska 48, 57-100 Strzelin.

1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) completing the Order Form and (2) clicking the "Continue Purchase " field on the Online Store website after completing the Order Form – until then, the entered data can be modified independently (to do this, follow the displayed messages and information available on the Online Store website). The Order Form requires the Customer to provide the following information: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), payment method. For Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number (NIP).

1.2.1. The Electronic Order Form Service is provided free of charge and is of a one-off nature and ends when the Order is placed via it or when the Service User stops placing the Order via it earlier.

1.2.2. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to sklep@agri-express.com or in writing to the following address: Oławska 48, 57-100 Strzelin.

  1. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 11.0 or higher or Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling Cookies and Javascript support in the Internet browser.
  2. The Service User is obligated to use the Online Store in a manner consistent with the law and good practice, with due regard for the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service User is obligated to provide accurate data. The Service User is prohibited from providing illegal content.
  3. Complaint procedure:

4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaints procedure, which is indicated in points 6 and 7 of the Regulations) may be submitted by the Service User, for example:

- in writing to the following address: Oławska 48, 57-100 Strzelin.

  • in electronic form via e-mail to the following address: sklep@agri-express.com

4.2. It is recommended that the Service User provide in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Service User's request; and (3) contact details of the complainant – this will facilitate and expedite the complaint processing by the Service Provider. The requirements specified in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.

4.3. The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

III. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

 

  1. 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 point 1.2 of the Regulations.
  2. The Product price displayed on the Online Store website is given in Polish zloty and includes taxes. The total price, including taxes, of the Product that is the subject of the Order, as well as delivery costs (including transportation, delivery, and postal fees) and other costs, and if the amount of these fees cannot be determined, the obligation to pay them, is communicated to the Customer on the Online Store website when placing the Order, including when the Customer expresses their intention to be bound by the Sales Agreement.
  3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2. After placing the Order, the Seller immediately accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by the Seller sending the Customer an appropriate email to the Customer's email address provided when placing the Order. The email contains, at a minimum, the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. The Sales Agreement is concluded when the Customer accepts the terms of the Regulations and clicks the "I am ordering" button in the "Order Summary" tab.

  1. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer an e-mail message referred to in point 3.3.2. of the Regulations.

 

IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

 

  1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

1.1. Payment on delivery upon receipt of the shipment.

1.2. Payment by transfer to the Seller's bank account.

1.2.1. Bank: PKO BP Strzelin

1.2.2. Account number: 78102052260000690207744362

1.3. Electronic payments and card payments via Przelewy24.pl – current payment methods are available on the website http://www.przelewy24.pl

1.3.1. Settlements of electronic payment and payment card transactions are carried out in accordance with the Customer's choice via the Przelewy24.pl service. Electronic payments and payment cards are handled by Przelewy24.pl – Dialcom24 Sp. z o. o. with its registered office in Poznań (registered office address: ul. Kanclerska 15; 60-327 Poznań) entered into the Register of Entrepreneurs of the National Court Register under number 0000306513, registration files kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, share capital of PLN 1,697,000, fully paid up, Tax Identification Number (NIP): 781-173-38-52.

  1. Maturity:

2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement.

2.2. If the Customer chooses cash on delivery, the Customer is obliged to make the payment upon delivery.

V. COSTS, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT

 

  1. Product delivery is available in the territory of the Republic of Poland and European Union member states.
  2. Product delivery to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the " Delivery and Payment " tab and during the Order placement process, including when the Customer expresses their willingness to be bound by the Sales Agreement.
  3. Personal collection of the Product by the Customer is free of charge.
  4. The Seller provides the Customer with the following methods of delivery or collection of the Product:

4.1. Postal shipment, cash on delivery.

4.2. Courier delivery, cash on delivery courier delivery.

  1. The delivery time for a Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the Product description or when placing the Order. For Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 7 Business Days. The beginning of the delivery time for a Product to the Customer is calculated as follows:

5.1. If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

5.2. If the Customer chooses cash on delivery as a payment method – from the date of conclusion of the Sales Agreement.

  1. The deadline for the Product to be ready for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 3 Business Days, unless a shorter period is specified in the Product description or when placing the Order. In the case of Products with different readiness for collection dates, the deadline for collection is the longest specified date, which, however, cannot exceed 3 Business Days. The Seller will additionally inform the Customer about the Product's readiness for collection by sending an appropriate email to the Customer's email address provided when placing the Order. The beginning of the deadline for the Product's readiness for collection by the Customer is counted as follows:

6.1. If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

6.2. If the Customer chooses cash on personal collection – from the date of conclusion of the Sales Agreement.

VI. PRODUCT COMPLAINTS


  2. The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are specified in generally applicable legal provisions, in particular in the Civil Code.
  3. The Seller is obliged to deliver the Product to the Customer free from defects.
  4. A complaint may be submitted by the Customer, for example:

3.1. in writing to the following address: Oławska 48, 57-100 Strzelin;

3.2. in electronic form via e-mail to the following address: sklep@agri-express.com

  1. It is recommended that the Customer provide in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect; (2) a request for a method of bringing the Product into compliance with the Sales Agreement or a declaration of a price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and expedite the Seller's processing of the complaint. The requirements specified in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
  2. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission.
  3. If the Seller requires delivery of the Product to the Seller in order for the Seller to address the Customer's complaint, the Customer will be asked by the Seller to deliver the Product to Oławska 48, 57-100 Strzelin. However, if, due to the nature of the defect, the type of Product, or the method of its installation, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer will be asked to make the Product available to the Seller, after prior arrangement, at the location where the Product is located.

VII. RIGHT OF WITHDRAWAL FROM THE CONTRACT

 

  1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for shipping costs. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:

1.1. in writing to the address: Product to the Seller, the Customer will be asked by the Seller to deliver the Product at the Customer's expense to the following address: Oławska 48, 57-100 Strzelin;

1.2. in electronic form via e-mail to the following address: sklep@agri-express.com

  1. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act. Consumers may use the form, but it is not mandatory.
  2. The deadline for withdrawal from the contract begins:

3.1. for a contract under which the Seller delivers a Product and is obliged to transfer its ownership (e.g. Sales Agreement) – from the moment the consumer or a third party indicated by the consumer other than the carrier takes possession of the Product, and in the case of a contract which: (1) covers multiple Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;

3.2. for other contracts – from the date of conclusion of the contract.

  1. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:

4.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, the consumer will lose the right to withdraw from the contract; (2) in which the subject of the provision is a non-prefabricated Product, manufactured according to the consumer’s specifications or intended to meet their individual needs; (3) in which the subject of the provision is a Product that deteriorates quickly or has a short shelf life; (4) in which the subject of the provision is a Product delivered in a sealed package that cannot be returned after opening for health protection or hygiene reasons if the packaging was opened after delivery; (5) in which the subject of the provision are Products that after delivery, due to their nature, are inseparably connected with other things; (6) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products (7) concluded through a public auction;

VIII. PROVISIONS RELATING TO ENTREPRENEURS

 

  1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers, including farmers conducting business activities.
  2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims against the Seller by the Customer who is not a consumer.
  3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
  4. Upon the Seller's release of the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, shortage, or damage to the Product occurring from the time it is accepted for transport until its release to the Customer, or for any delay in shipment.
  5. If the Product is shipped to the Customer via a carrier, the Customer who is not a consumer is obligated to inspect the shipment within the time and manner customary for shipments of this type. If the Customer determines that the Product has been lost or damaged during transportation, the Customer is obligated to take all necessary actions to determine the carrier's liability.
  6. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer is excluded.
  7. In the case of Service Users who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating the reasons by sending an appropriate declaration to the Service User.
  8. The Service Provider/Seller's liability towards a Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the price paid and delivery costs under the Sales Agreement, but not to more than one thousand Polish zloty. The Service Provider/Seller is liable towards a Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time the contract is concluded, and is not liable towards a Service Recipient/Customer who is not a consumer for lost profits.
  9. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

IX. PERSONAL DATA IN THE ONLINE STORE


 

  1. The administrator of the personal data of Service Users/Customers collected via the Online Store is the Seller.
  2. The personal data of Service Recipients/Customers collected by the administrator via the Online Store are collected - in accordance with the will of the Service Recipient/Customer - in order to execute the Sales Agreement or the agreement for the provision of Electronic Services.
  3. Possible recipients of personal data of Online Store Customers:

3.1. In the case of a Customer who uses the Online Store's delivery method by post or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.

3.2. In the case of a Customer who uses electronic payments or payment cards in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.

  1. The Service User/Customer has the right to access and correct their data. A request in this regard may be submitted, for example:

4.1. in writing to the following address: Oławska 48, 57-100 Strzelin;

4.2. in electronic form via e-mail to the following address: sklep@agri-express.com

  1. Providing personal data is voluntary, however, failure to provide the personal data required to conclude a Sales Agreement or an agreement for the provision of Electronic Services, as specified in the Terms and Conditions, will result in the inability to conclude such agreement. The data required to conclude a Sales Agreement or an agreement for the provision of Electronic Services is also provided on the Online Store's website each time before concluding the agreement.

X. OTHER PROVISIONS

 

  1. Contracts concluded via the Online Store are concluded in Polish.
  2. Changes to the Regulations:

2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, including: changes in legal provisions; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.

2.2. In the event of conclusion of ongoing contracts under these Terms and Conditions (e.g., the provision of an Electronic Service – Account), the amended terms and conditions are binding on the Service User if the requirements specified in Articles 384 and 384 § 1 of the Civil Code are met, i.e., the Service User has been properly notified of the changes and has not terminated the contract within 14 calendar days of notification. If a change to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service User who is a consumer has the right to withdraw from the contract.

  1. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.