REGULATIONS FOR PROVIDING ELECTRONIC SERVICES AND PURCHASES MADE THROUGH THE ONLINE STORE www.besttahini.pl
(hereinafter: Regulations)
§1 General Provisions
1.1. These regulations govern the principles of using the Online Store operating at: www.besttahini.pl
1.2. The online store operating at www.besttahini.pl (hereinafter: Online Store www.besttahini.pl) is operated by Transolutions Łukasz Abramek, registered in the Central Register and Information on Economic Activity (CEIDG), NIP: 735-225-13-60, REGON: 121272696 (hereinafter referred to as the "Store").
1.3. The contact details of the entrepreneur allowing the Customer to contact the Seller are as follows:
1) postal address: Transolutions Łukasz Abramek, ul. Krzywa 18d, 34-400 Nowy Targ;
2) phone number: +48 792 272 202;
3) email address: dystrybucja@tylko.bio.
1.4. The regulations of the online store tylko. are continuously published on the website www.besttahini.pl in a manner that allows Customers to access, reproduce, and retain their content. The regulations are also made available to Customers before concluding an agreement.
§ 2 Definitions
The terms used in these regulations mean:
2.1. Consumer – a natural person as defined in Article 221 of the Civil Code,
2.2. Entrepreneur with consumer rights – a natural person entering into an agreement directly related to their business activity, where the content of the agreement indicates that it is not of a professional nature for them, based in particular on the subject of their business activity made available under the provisions of the Central Registration and Information on Business,
2.3. Entrepreneur – a natural person, legal entity, or organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity in their own name and performing legal actions directly related to their business or professional activity,
2.4. Service Provider/Seller – Transolutions Łukasz Abramek, ul. Krzywa 18d, 34-400 Nowy Targ;
2.5. Online store – the online store operated at www.besttahini.pl by Transolutions Łukasz Abramek;
2.6. Civil Code – the Act of April 23, 1964 (Journal of Laws 2020.1740),
2.7. Goods and Services – all services provided and goods subject to the sales agreement between the seller and the buyer,
2.8. Regulations – these regulations for electronic service provision under Article 8 of the Act on Electronic Service Provision of July 18, 2002 (Journal of Laws 2020.344),
2.9. Client/Buyer – a natural person, legal entity, or organizational unit without legal personality granted legal capacity by specific provisions, making or planning to make an Order within the Online Store via electronic means, including the Consumer, Entrepreneur with consumer rights, and Entrepreneur,
2.10. Order – the Client's declaration of intent, in which the Client accepts the Seller's sales offer, containing in particular the price, type, quantity of Goods or Services under the sales agreement via the online store.
2.11. Consumer Rights Act – the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2020.287).
§ 3 Rules of using the online store
3.1. The prices of all goods and services offered by the Store are gross prices (including VAT) and are expressed in Polish zlotys. Deviations from the principle of Polish currency are explicitly noted.
3.2. Prices displayed on the online store's website www.besttahini.pl, as well as descriptions of goods and services, constitute commercial information only, not an offer as defined by the Civil Code. They become binding – for the purpose of concluding a specific agreement – only upon confirmation of the acceptance of the order for execution by the Seller.
3.3. The Seller uses discount codes in the online store www.besttahini.pl, authorizing the purchase of goods with a discount specified on the coupon. Discount codes cannot be exchanged for their monetary equivalent.
3.4. Placing an order in the online store www.besttahini.pl requires acceptance of these Regulations.
3.5. To effectively place an order in the Online Store www.besttahini.pl, it is necessary to have a device with Internet access capable of browsing websites, as well as a keyboard or other device allowing for proper completion of electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X systems, etc.
3.6. The Online Store website uses Responsive Web Design (RWD) technology, which adjusts the website's content to the device on which it is displayed. The Store's website is designed to be viewed on both desktop computers and mobile devices.
3.7. The Online Store website www.besttahini.pl has an SSL certificate – a secure communication encryption protocol.
§ 4 Terms of concluding a sales agreement
4.1. Orders in the online store www.besttahini.pl can be placed by filling out the appropriate forms available on the store's pages.
4.2. When placing an order, the Client is required to provide correct personal data: name, address, email address, and mobile phone number.
4.3. After receiving the order, the Seller confirms its receipt and simultaneously informs about the acceptance of the Order for execution. Order confirmation is carried out by sending an appropriate email message by the Seller to the email address provided in the order form. Upon confirmation of acceptance of the order for execution by the Seller, the agreement is considered concluded.
4.4. The provision and recording of the sales agreement content are carried out by providing these Regulations on the Online Store website, sending appropriate information to the email address provided by the Client when placing the order, as mentioned in §4 point 4.2.
4.5. Orders in the Online Store www.besttahini.pl can be placed 24/7 throughout the year.
§ 5 Method of payment and payment terms
5.1. In the store www.besttahini.pl, it is possible to pay in one of the following ways:
– bank transfer to the Seller's bank account,
– cash on delivery,
– through the payment services of external providers.
5.2. After placing the order, the Customer will receive the bank account number via email, to which the appropriate amount should be transferred. Once the payment is credited to the www.besttahini.pl store's bank account, the order will be processed.
5.3. The www.besttahini.pl online store allows payment via the following external payment services: Przelewy24.
5.4. The Customer is required to make payment using one of the aforementioned methods within 7 calendar days from the date of concluding the sales agreement.
5.5. In the case of choosing cash on delivery, the Customer is required to make payment upon receipt of the shipment.
§ 6 Delivery
6.1. Ordered goods are delivered only within the territory of the Republic of Poland and are delivered to the address provided by the Customer in the order form.
6.2. The shipping time for the goods is indicated on the www.besttahini.pl store pages and is 48 hours. The Seller will make every effort to ensure the goods are delivered within the time indicated in the product card on the online store. If the delivery cannot be made within the aforementioned time, the Buyer will be promptly informed.
6.3. Delivery of the ordered goods takes place via:
– InPost Parcel Lockers
– DPD Courier
6.4. When the goods are handed over to the courier company, the Buyer is notified of this by an email sent to the address provided in the order.
6.5. The delivery costs, which the Customer is responsible for in addition to the price of the goods, are provided on the Store's website when placing the order.
6.6. In the case of cash on delivery, the Customer bears the full cost of delivery.
6.7. Upon receiving the goods, the Customer is required to confirm the receipt. From that moment, the goods become the property of the Customer.
§ 7 Withdrawal from the contract
7.1. A Buyer who is a Consumer or an Entrepreneur on consumer rights, who has concluded a distance or off-premises contract, has the right to withdraw from the sales contract within 14 days from the date of receipt of the goods without giving any reason.
7.2. In the case of exercising the right mentioned in the previous point, the Buyer should inform the Seller by submitting a withdrawal statement using the form provided by the Seller, which can be sent by mail to: Transolutions Łukasz Abramek, ul. Krzywa 18d, 34-400 Nowy Targ, or electronically via the withdrawal form sent to the Seller's email address dystrybucja@tylko.bio. Sending the statement before the deadline is sufficient to meet the time requirement. A withdrawal statement made after the deadline mentioned in §7 point 7.1 will not have legal consequences.
7.3. The withdrawal statement form (Appendix No. 1 to this Regulation) is provided to the Buyer in paper form (in the documentation attached to the shipment) and electronically (as an attachment to the email confirming the acceptance of the order for processing).
7.4. In the case of a Consumer or Entrepreneur on consumer rights submitting a withdrawal statement electronically via the withdrawal form, the Seller will immediately send a confirmation of receipt of the withdrawal statement (on a durable medium as defined in Art. 2(4) of the Act of 30.5.2014 – on consumer rights).
7.5. The cost of returning the goods, except in the situation referred to in Article 33 (i.e., in cases of additional costs resulting from the Consumer's or Entrepreneur with consumer rights’ choice of a delivery method other than the cheapest standard delivery method available in the Online Store) and Article 34(2) of the Act of May 30, 2014 – on Consumer Rights, is borne by the Seller.
7.6. The Buyer is obliged to properly secure the returned goods to prevent damage during transport (the direct return cost of the goods – according to Art. 34(2) of the Act of 30.5.2014 – on consumer rights (Journal of Laws of 2017, item 683)).
The Consumer or Entrepreneur on consumer rights bears the direct cost of returning the goods.
7.7. The Consumer or Entrepreneur on consumer rights is obliged to return the goods without undue delay, but no later than 14 days from the date they withdrew from the contract. The Seller may stipulate that in the case of withdrawal from the contract, the returned item will be collected by them or by a person authorized by them.
7.8. If the delivered goods are incomplete or show signs of use beyond normal wear, the Seller reserves the right to refuse to accept the shipment or to reduce the refunded amount by the value of the damaged goods.
7.9. In the case of withdrawal from the contract, all payments made by the Buyer, including delivery costs, will be refunded to the Buyer's bank account without undue delay, no later than 14 days from the day the Seller receives the Buyer's withdrawal statement.
7.10. The Seller declares that the refund mentioned in § 7 point 7.9 of the Regulation will be made using the same payment method used by the Buyer. The Seller, in agreement with the Buyer, may determine another method of refund that will not incur additional costs for the Buyer.
7.11. The Seller declares that the right of withdrawal does not apply to contracts referred to in Art. 38 of the Act of 30.5.2014 – on consumer rights,
7.12. By entering into the contract, the Consumer or Entrepreneur on consumer rights confirms that they have read the content of this regulation, including confirmation that they were informed of the right to withdraw from the concluded sales agreement within 14 days from the date of receipt of the goods.
§ 8 Complaints
8.1. The basis and scope of the Seller's liability to the Customer for non-compliance of the Product with the Agreement are specified by the applicable legal provisions and the following provisions of the Regulation.
8.2. The Seller is obliged to deliver a product without defects.
8.3. In the event of mechanical damage occurring during delivery or when submitting a complaint to the Seller, the Buyer should send information about this by mail to: Transolutions Łukasz Abramek, ul. Krzywa 18d, 34-400 Nowy Targ or by email to: dystrybucja@tylko.bio. The complaint should indicate the defect that the Buyer believes the product has, and if possible, provide documentation of the defect, the date the defect occurred, a request for the method of bringing the product into compliance with the contract in accordance with Art. 560 and subsequent Civil Code, and contact details. These requirements are recommendations, and their absence does not affect the effectiveness of the complaint.
8.4. The Seller will respond to the complaint within 14 days of receiving it. Failure to respond within the above-mentioned period means that the Seller has accepted the complaint as justified.
8.5. Detailed information on the possibility for the Consumer Customer to use extrajudicial methods of complaint resolution and claims, as well as the rules for access to these procedures, are available at the offices and websites of district (municipal) consumer ombudsmen, consumer protection organizations, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:
8.5.1. http://www.uokik.gov.pl/spory_konsumenckie.php;
8.5.2. http://www.uokik.gov.pl/sprawy_indywidualne.php;
8.5.3. http://www.uokik.gov.pl/wazne_adresy.php.
8.6. The Customer who is a Consumer has, in particular (but not exclusively), the following examples of extrajudicial ways of resolving complaints and claims:
8.6.1. The Customer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection (consolidated text: Journal of Laws 2019, item 1668, as amended) with a request to resolve a dispute arising from the concluded Sales Agreement. The rules for the organization and operation of permanent consumer arbitration courts are set out in the regulation of the Minister of Justice of 6 July 2017 on the regulation of the organization and operation of permanent arbitration courts at provincial inspectors of the trade inspection. (Journal of Laws 2017, item 1356).
8.6.2. The Customer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on Trade Inspection (consolidated text: Journal of Laws 2019, item 1668, as amended), with a request for extrajudicial resolution of a dispute between the Customer and the Seller. Information about the principles and procedure for mediation conducted by the provincial inspector of the Trade Inspection is available at the offices and websites of individual Provincial Inspectorates of Trade Inspection.
8.6.3. The Customer can file a complaint via the ODR internet platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information about extrajudicial dispute resolution methods that may arise between businesses and Consumers.
§ 9 Rules for publishing reviews
9.1. Each Buyer/Customer can publish reviews about a product/service in the appropriate section on the Store's website. The review should be written in Polish, following the rules of correct Polish.
9.2. Reviews are subjective statements of Customers. The Seller is not responsible for their content.
9.3. The Buyer/Customer declares that their statement does not violate applicable laws or the rights of third parties. They are fully responsible for the statements made by them in the www.besttahini.pl online store.
9.4. The submitted review is subject to verification by the Seller to check whether it contains prohibited content, particularly when the review violates applicable laws, contains prohibited content, advertisements, personal data, infringes copyright, etc.
§ 10 Personal data
10.1. The Administrator of personal data is the Seller.
10.2. The principles of personal data protection are outlined in the Privacy Policy of the online store www.besttahini.pl, available at: www.besttahini.pl.
§ 11 Final provisions.
11.1. The Seller reserves the right to make changes to these Terms and Conditions for important reasons. Any changes to the Terms and Conditions come into effect on the date specified by the Seller, which shall not be shorter than 7 days.
11.2. The amended Terms and Conditions bind the Buyer/Customer if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e., if they have been properly notified of the changes and have not terminated the agreement within 14 calendar days from the date of notification.
11.3. According to Article 8(3)(2)(b) of the Act of July 18, 2002 on providing electronic services, the entity using the website of the ABC online store is obligated not to place any unlawful content on the website.
11.4. In matters not regulated by these Terms and Conditions, the relevant provisions of the Civil Code and the Act of May 30, 2014 – on consumer rights will apply.
11.5. These Terms and Conditions are available at the website www.besttahini.pl.
11.6. Agreements with the Seller are concluded in the Polish language.
11.7. The Terms and Conditions come into effect on January 1, 2022.
Annex No. 1 to the Terms and Conditions.
SAMPLE FORM FOR WITHDRAWAL FROM THE AGREEMENT.
[this form should be filled out and sent only if you wish to withdraw from the agreement].
Addressee:
Transolutions Łukasz Abramek
ul. Krzywa 18d
34-400 Nowy Targ
I/We(*) hereby inform/inform(*) about my/our(*) withdrawal from the sales agreement for the following goods(*) or the supply agreement for the following goods(*).
Date of agreement(*)/receipt(*) Consumer's full name(s) Consumer's address(es).
Consumer's signature(s).
[only if the form is sent in paper version].
Date.
(*) Delete as appropriate.
