TERMS AND CONDITIONS OF THE ONLINE STORE SUPER FUDGIO
I. GENERAL INFORMATION
2. The owner and administrator of the Store is Me Gusto Limited Liability Company with its Registered office in Sopot (81-707) at Bałtycka Street 4a/3, the company entered in the National Court Register maintained by the District Court for the Capital City of Warsaw, XII Economic Division, under the KRS No. 0000536651 of the National Court Register, under the KRS No.: 0000565049, Tax ID: , Tax ID: 5252605509, REGON No.: 360465289, share capital PLN 12,255,000.00 (hereinafter: „Seller”).
3. The Store offers the following services electronically:
a. purchasing products from the offer of the Store (hereinafter: „Products”),
b. the opportunity to read the culinary advice and recipes posted on the pages of the Store.
c. subscribing to our newsletter
d. contacting the seller via email and the contact form available in the contact page
5. Viewing the content of the Store, and creating a user account in the Store is free of charge.
II. PURCHASING PRODUCTS IN THE STORE
1. Purchases in our Store can be made by adult natural persons, as well as legal persons and organizational units without legal personality, to which the law grants legal capacity, including both entrepreneurs and natural persons acting as consumers within the meaning of art. 22(1) of the Civil Code (hereinafter: „Clients”).
2. Clients who are natural persons can use the Store provided they have full capacity for legal action. If the Seller becomes aware that the Client does not comply with the above requirement, the Seller may prevent the Client from using the Store or require the appropriate consent of the legal representative of such Client.
3. Purchasing Products in the Store is possible through the Client’s account set up in the Store (hereinafter: “Account”) or by making purchase without registration.
4. In order to make a purchase without registration, it is necessary (after selecting the Products) to accept the Terms and Conditions, to provide the following data: first name and surname, delivery address, contact email address, contact phone number (sent to the courier in order to agree on the delivery date), and to specify the method of payment and delivery.
5. In order to create an Account, you have to:
a. Provide the following data: delivery address, contact email address, your phone number (to be sent to the courier in order to agree on the delivery date)),
b. Provide your email address,
c. Accept the Terms and Conditions.
6. The Client may, at any time, change their personal data or delete the Account in the Account settings available after logging in. The Store also allows you to generate a new password (if you forget your password) – by sending an appropriate message to the email address specified upon Account registration.
7. The Account allows you:
a.placing orders for Products without providing any personal data (i.e. after you have selected your products and payment and delivery method),
b. viewing your order history,
8. If the Client wishes to receive a VAT invoice for a company, the Client should provide the tax ID number and the name of the company in the order form.
9. The order for the Products is placed after placing the Products in the basket and clicking the “Buy and Pay” button. „proceed to checkout”
10. The Seller shall send a confirmation of the order within 24 hours from its receipt. The confirmation shall be sent to the Client’s email address.
11. After the order has been placed, the Seller may contact the Client by email (e.g. to confirm the delivery terms or to inform the Client about the delay).
12. The Seller may cancel the order if the Seller has not received the payment confirmation within 72 hours after placing the order. The order may also be cancelled if the Client has provided incorrect data or violated the provisions of these Terms and Conditions. The Seller shall inform the Client about the cancellation of the order by sending an email to the Client’s email address within 3 working days from the occurrence of the reason for the cancellation of the order.
13. Prices of Products (PLN) in the Store are given in gross value. Unless expressly stated otherwise, the price does not include delivery cost; this shall always be separately indicated by the Seller.
14. The content posted in the Store is only an invitation to conclude a contract, within the meaning of art. 71 of the Civil Code. Therefore, an order placed by a Client constitutes an offer which is binding for 72 hours after the order has been placed. If the Seller does not send a confirmation of acceptance of the order within this period, the offer expires. Sending confirmation by the Seller is tantamount to accepting the offer and concluding a binding contract.
15. The Seller reserves that the photos of Products are for illustrative purposes only. In particular, the actual appearance of the Product packaging may differ from its appearance in the Store photos. The actual appearance of the Product may differ from the photos due to the parameters and settings of the monitor / display of the Client’s device. In case of doubt, it is possible to contact the Seller via the email address indicated in the previous paragraph.
16. The Client is entitled to change the details of the order before it has been sent by the Seller. To do this, please contact the Seller by e-mail, sending the address to the following e-mail address: email@example.com. A change consisting in the withdrawal of certain Products is a partial withdrawal from the Contract, to which the Client is entitled only in cases strictly specified in the Terms and Conditions.
III. PAYMENT AND DELIVERY
1. Available payment methods are indicated on the Store pages The Seller hereby informs that the selected payment methods require a separate contract with the payment operator (a bank or other payment institution). Unless otherwise required by law, the Seller shall not be responsible for the execution of the payment contract concluded by the Client. In the case of payment from a bank account in a currency other than the currency indicated in the Store, the payment process shall be converted in accordance with the conditions set by the payment operator or by the Client’s bank.
2. If the payment form is completed independently by the Client, the Client should indicate the order number; the order number is provided by the Seller in the order acceptance confirmation (sent by email).
3. If the order cannot be processed for any reasons (e.g. failure to complete the payment, withdrawal from the contract, providing incorrect data), the Seller shall return all payments from the Client no later than within 7 days from the moment of becoming aware of one of the above prerequisites.
4. Available delivery methods are indicated on the Store pages.
5. The delivery address should be in the territory of the Republic of Poland and the European Union.
6. The Seller shall indicate the date and cost of the delivery in the Delivery Methods tab Payment methods.
IV. RETURNS OF PRODUCTS
1. The right to return the Product, without giving a reason, belongs only to a Client who purchase Products as a consumer within the meaning of art. 22 (1) of the Civil Code (hereinafter: „Consumers”).
2. The Consumer may return the Product without giving a reason and without incurring any costs, in accordance with the Law on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827 as amended). The return shall be based on a declaration of withdrawal from the contract attached to the return package. The form can be found in the Complaints and Returns tab Return & Exchanges. The return should be made within 14 days of delivery of the Product. To meet this deadline, it is enough to send the Product to the Seller before the deadline expires. The Product should be returned to the following address: DBK LOGISTICS, Jutrzenki 8, 05-840 Moszna-Parcela. The return label should include the order number.
3. The Product should be packaged in a way that ensures its safety during transport. The Seller recommends using the same security methods as have been used for shipping the Product to the Consumer.
4. The Consumer shall bear the direct costs of the Product return.
5. The right to withdraw from the contract shall not be granted in the case of ordering Products which are not prefabricated, and which have been manufactured to the Consumer’s specifications or to meet his/her individual requirements.
6. The right to withdraw from the contract shall not apply in the case of goods delivered in a sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery. In case of doubt, it is assumed that the food products available in the Store are not returnable after the Consumer has opened the unit packaging (the opening of which gives direct access to the Product). The opening of a bulk pack does not result in loss of the Client’s right to withdraw from the contract, unless expressly stated otherwise in the information on the Store pages due to the specifics of certain Products.
7. In the case of a Product return declaration, the enclosed packaging (including the protective components) should also be returned, unless it was not possible to keep it intact due to the need to check the Product.
8. The Seller is obliged to return the price of the Product within 14 days of receipt of the statement of withdrawal from the contract. The Seller may suspend the refund until receipt of the Product or until the Consumer provides the proof of the return of the Product. The Seller makes a refund using the same payment methods as the Consumer. The return shipment takes place at the risk of the Consumer, and therefore it is recommended to insure the shipment. Damage to the Product may result in a refusal to accept the return of the Product.
9. If the Consumer has chosen a method other than the cheapest delivery method offered by the Seller, the Seller shall not be obliged to reimburse the additional delivery costs.
10. In the event of withdrawal from the contract, the contract shall be deemed not to has been concluded. If the Consumer has made a declaration of withdrawal before acceptance of the order by the Seller, the offer ceases to bind.
11. If the Client returns the Product despite the lack of the right to withdraw from the contract, or if the Product has lost its value (has been used more than necessary to verify its nature, characteristics and functionality), the Seller has the right to refuse to refund the price of the Product. In this case, the Seller shall resend the Product to the Consumer if he/she receives from the Consumer the amount of money that covers the shipping costs. If the Client does not pick up such a Product (or does not cover the cost of sending the Product back to the Consumer) within 30 days of receiving an appropriate additional request (by email) from the Seller, the Product shall be deemed abandoned, which shall entitle the Seller to its disposal or re-marketing, without the Client’s claims.
V. COMPLAINTS, CLAIMS, AND LIABILITY
1. The Seller undertakes to deliver Products without defects.
2. If possible, the Client should check the condition of the shipment with the Product in the presence of the courier. Failure to do so may make it difficult to deal with the Client’s complaint. If any mechanical damage to the shipment is noticed, the Client may request that a damage report is drawn up or he/she may refuse to accept the shipment. In this case, the Client should immediately notify the Seller about this fact.
3. Complaints related to defects of the Product, covered by warranty or guarantee can be submitted by e-mail to: firstname.lastname@example.org. At the request of the Seller, the Client should deliver the defective Product to the Seller.
4. The Client shall be informed about the method of resolving the complaint by email within 14 days of receipt of the complaint by the Seller.
5. Claims for liability shall be considered in accordance with the provisions of the Polish Civil Code.
6. To the extent permitted by law, the Seller does not consent to out-of-court dispute resolution.
VI. FINAL PROVISIONS
1. The Seller may delete the Client Account as well as limit the Client’s ability to place further orders in the Store in the case of:
a. breach by the Client of the provisions of these Terms and Conditions,
b. providing data that is untrue, out-of-date, or does not belong to the Client on the Account or during order placement, c. exposing the Seller to costs – in the event of failure to pick up the shipment (shipment with cash on delivery) or in the event that the payment for the order is withdrawn by the Client, bank or payment organization servicing the payment for the order.
2. The Account may also be deleted if the Account is inactive for an uninterrupted period of 36 months, or if the Seller has decided to terminate the operation of the Store. The Client shall be informed about the above circumstances by email at least 14 days in advance.
3. Users of the Store are forbidden from sending through the Store any content that is contrary to the law.
4. The rights to all materials available on the Store’s sites (e.g. photos, graphics, descriptions, signs, software) are protected by law and are not transferred to the Store User. Using these materials without permission (beyond the permitted use resulting from legal provisions or these Terms and Conditions) is prohibited.
5. To the extent not regulated in these Terms and Conditions, the provisions of Polish law, including in particular the Polish Act of 30 May 2014 on consumer rights, shall apply. The above provision does not exclude the right of the Client to exercise his/her rights arising from the mandatory provisions of Polish law and the laws of the member states of the European Union.
6. If any provision of these Terms and Conditions is found to be invalid, in particular from the point of view of consumer law, the Seller shall not apply such provision. The invalid provision shall be replaced by an appropriate standard of common law.
7. Disputes arising from the use of the Store shall be dealt with by the competent court, in accordance with the provisions of the Polish Code of Civil Procedure. However, in the case of Clients who are not Consumers, the competent court shall be that of the Seller’s registered office.
8. As of 1 June 2020, in case of a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that the contract does not have a professional character for that person, resulting in particular from the subject of his/her business activity (made available on the basis of regulations on the Central Register and Information on Economic Activity):
a. the provisions of chapter VII sec. 7 of the Terms and Conditions shall not apply,
b. the provisions of chapter IV of the Terms and Conditions shall apply.
9. These Terms and Conditions may be amended, provided that this does not infringe the rights acquired by Clients. If possible, the changes shall be published on the Store pages 14 days in advance.