This document (which also constitutes the regulations under the Act of 18 July 2002 on the provision of electronic services), hereinafter referred to as the “Regulations”, defines the types and scope of the provision of electronic services via the Online Store, rules for concluding sales contracts via the Online Store, the rules for the performance of these contracts, the rights and obligations of the Customer and the Seller, as well as the procedure for withdrawing from the contract and the complaint procedure.
- Online Store – an online store available at https://agazi.eu.
- Seller – Agnieszka Ziółek performing business activity at the address ul. Grzybowska 4 lok. 226, 00-131 Warsaw, NIP: 5222775454, REGON: 145817846.
- Customer – a natural person, legal person or an organizational unit without legal personality that concludes an agreement with the Seller and to whom the law grants legal capacity.
- Sales Agreement – a distance contract concluded between the Customer and the Seller via the Online Store, the subject of which is the purchase of the Product.
- Product – a product that the Customer purchases via the Online Store.
- Order Form – a form available in the Online Store that allows you to place an order in order to purchase a Product.
- Customer Account – a collection of resources in the Seller’s IT system, in which information about the Customer is collected, including his or her address information and order history.
- Registration Form – a form available in the Online Store that allows you to create a Customer Account.
- Newsletter – a service that allows you to subscribe to and receive electronically free information about the Products and special offers of the Seller.
- Business Day – one day from Monday to Friday, excluding public holidays.
§2. General provisions
- The Seller undertakes to provide services to the Customer to the extent and under the conditions specified in the Regulations.
- The Customer undertakes to use the Online Store in accordance with applicable law and the principles of social coexistence.
- The Customer using the Seller’s Services is obliged to comply with these Regulations.
- The Seller complies with the rules for the protection of Customers’ personal data provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC.
- Information on the Product on the website of the Online Store constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of 23 April 1964 of the Civil Code.
- The Seller reserves the right to make changes to the prices of Products available in the Online Store, introduce new Products, as well as carry out and cancel promotional campaigns or make changes to ongoing promotions.
- It is forbidden for the Customer to provide illegal or offensive content. The customer is obliged to use the Seller’s websites in a way that does not interfere with their functioning.
- Particular threats related to the use of electronic services include the possibility of unauthorized persons gaining access to data transmitted via the network or stored on computers connected to the network and interference with this data, which may, in particular, result in their loss, unauthorized change or preventing the use of services offered using the Online Store.
§3. Services and general conditions for the provision of Services
- The Seller, via the Online Store, provides the Services by electronic means by:
- providing content about the offer and Products on the Online Store website,
- enabling the completion of the order form in order to conclude a Sales Agreement,
- enabling registration to create a customer account and maintaining an online store customer account,
- sending customers information about promotions and Products and related content (including educational content) in the form of a „Newsletter”.
- The services specified in point 1 are provided free of charge.
- The contract for the provision of electronic services in the form of enabling the completion of the order form is concluded with the Customer for a definite period of time when he or she begins to fill in the form and is terminated when he or she withdraws from completing the form or when the completed form is sent to the Seller.
- The contract for the provision of electronic services in the form of enabling registration and maintenance of the Customer Account is concluded with the Customer for an indefinite period at the time of registration in the Online Store.
- Creating a Customer Account (“registration”) takes place using the functionality available on the Online Store website – Registration Form.
- Having a Customer Account is not required to place an order for Products available in the Online Store.
- The contract for the provision of the “Newsletter” service by electronic means is concluded for an indefinite period of time when the Customer subscribes to the “Newsletter” service using the functionality available on the Online Store website.
- The technical requirements necessary to use the services provided by the Seller are as follows:
- a device with access to the Internet,
- a web browser that supports cookies,
- access to e-mail.
- The customer pays fees related to access to the Internet and data transmission in accordance with the tariff of his or her Internet service provider.
§4. Sales agreement
- The Seller allows placing orders for Products available in the Online Store using the Order Form available in the Online Store 24 hours a day, 7 days a week.
- In order to place an order, the Customer selects the Product available in the Online Store, specifying the quantity he or she intends to purchase and indicating the features of the ordered Product. After selecting the Product (adding the Product to the “basket” through the functionality available in the Online Store), the Customer fills out the Order Form, indicating the data necessary to complete the order by the Seller, and then confirms the order by using the “Order and pay” button.
- After receiving the order, the Seller sends a confirmation of receiving the order to the Customer’s e-mail address which was provided while placing the order. Then, the Seller, after verifying the feasibility of the order, sends the Customer a message confirming the order. As soon as the Customer receives a message confirming the order, a Sales Agreement is concluded.
- The message confirming the order contains the agreed terms of the Sales Agreement, in particular the quantity and type of the ordered Product, the total price to be paid with delivery costs and the amount of discounts granted (if applicable).
§5. Time of order fulfillment and delivery
- The Seller carries out orders in the order in which they were received (taking into account §6 point 3 of these Regulations).
- The time of order fulfillment consists of preparing, completing, packing and issuing the Product by the Seller. The average order fulfillment time takes up to five Business Days.
- Orders placed on a Business Day after 2 p.m. and on non-working days are treated as placed on the next Business Day.
- In the event that a part of the order consisting of several Products is not currently available, the Customer is informed by phone or e-mail and decides on the method of order fulfillment (partial execution, extension of waiting time, cancellation of the entire order or selection of the Product’s replacement).
- In the case of orders consisting of several Products with different availability, and to be delivered in one shipment, the date of order fulfillment will depend on the date of completion by the Seller of the last Product covered by the order, unless otherwise agreed with the Customer.
- The time of delivery of the Product to the Customer by the carrier or with the use of the Seller’s own transport in accordance with the method of delivery chosen by the Customer should be added to the time of order fulfillment. Information on the methods and costs of delivery are available on the Online Store website and are indicated to the Customer when placing the order.
- Orders are issued for delivery only on Business Days.
- After receiving the parcel, the customer should carefully check the condition of the packaging and its contents. In the event of any damage or other irregularities, he or she should draw up a damage report in the presence of the courier and notify the Seller.
- In the event of refusal to accept the shipment or the impossibility of delivering it for reasons attributable to the Customer, the Seller has the right to charge the Customer with the costs incurred in connection with such a situation (e.g. the costs of returning the shipment to the Seller or re-shipping it to the Customer).
- In the event that the Seller covers the Customer the damage caused during the transport of the Product, the claims due to the Customer against the carrier, to the extent that they were covered by the Seller, are transferred to the Seller. The transfer of claims to the Seller does not require a separate assignment agreement.
§6. Payment methods
- The customer makes the payment for the ordered Products in the form of a prepayment via the PayU electronic payment system, the operator of which is PayU S.A. based in Poznań, in accordance with the regulations of the PayU electronic payment system.
- The Customer is obliged to make the payment within two Business Days from the conclusion of the contract. In the absence of payment within the specified period, the order may be canceled.
- The seller starts processing the order as soon as it receives information about the positive transaction authorization from the operator of the electronic payment system.
- The proof of purchase is delivered to the Customer together with the Product or electronically to the e-mail address provided by the Customer when placing the order.
- If there is a need to return funds for a transaction made by the Customer with a payment card, the Seller will be refunded to the bank account assigned to the Customer’s payment card.
§7. Warranty for Product defects
- Pursuant to Art. 556 of the Act of 23 April 1964 Civil Code, the Seller is liable to the Customer if the Product sold has a physical or legal defect. The seller is released from liability under the warranty if the customer knew about the defect at the time of concluding the contract.
- Delivery of the Product as part of the exercise of the rights resulting from the warranty for defects takes place at the expense of the Seller.
- The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Product to the Customer.
- Notification of Product defects should be sent by e-mail to email@example.com. The application may be sent on the form constituting Appendix 2 to the Regulations.
- If the sold item has a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective item with a defect-free item 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 non-defective one or remove the defect.
- The Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the item with a non-defective one, or, instead of replacing the item, request the removal of the defect, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Customer or would require excessive costs compared to the manner of proposed by the Seller.
- The customer cannot withdraw from the contract if the defect is irrelevant.
- If it is necessary for the assessment of physical defects, the Product should be delivered to the following address: AGAZI, Natolin 68a, 05-825 Grodzisk Mazowiecki.
- The Seller responds to the Customer’s notification within 14 calendar days from the date of its receipt. Failure to consider the application within the prescribed period is tantamount to taking it into account.
§8. Withdrawal from the Sales Agreement
- The customer who is a consumer in connection with art. 27 of the Act of 30 May 2014 on consumer rights has the right to withdraw from a distance contract without giving any reason.
- The provisions regarding the consumer contained in this chapter apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that he or she does not have a professional character for that person, resulting in particular from the subject of his or her business activity, made available to him or her on the basis of the provisions on the Central Register and Information on Economic Activity.
- The right to withdraw from the contract is granted within 14 calendar days from the moment the Customer receives the Product or a third party designated by him or her other than the carrier. If the contract covers many items that are delivered separately, in batches or in parts – the time limit runs from the moment of taking possession of the last item, batch or part.
- The customer may withdraw from the contract by submitting a declaration on the form constituting Appendix 1 to these Regulations, by sending it to the Seller’s address or by e-mail to firstname.lastname@example.org.
- To meet the deadline specified in point 3, it is enough to send a declaration of withdrawal from the contract before its expiry.
- The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the declaration of withdrawal from the contract, return to the Customer all payments received from him or her, including the costs of delivering the goods. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of payment refund, which does not involve any costs for him or her.
- If the Seller has not offered to collect the Product from the Customer himself, he may withhold the reimbursement of payments received until the Product is returned or the Customer provides proof of its return, whichever occurs first.
- If the Customer chose a method of delivery other than the cheapest standard method offered by the Seller, the Seller is not obliged to reimburse the Buyer for any additional costs incurred by him or her.
- The Customer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller immediately, but not later than within 14 calendar days from the date on which he or she withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
- The customer bears only the direct costs of returning the Product.
- The product must be delivered to the Seller to the following address: AGAZI, Natolin 68a, 05-825 Grodzisk Mazowiecki.
- The Customer is obliged to properly secure the Product during transport. The seller does not accept cash on delivery parcels.
- In the event of withdrawal from the contract, the consumer is liable for a decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- The right to withdraw from the contract is not entitled to the customer in relation to the contracts specified in art. 38 of the Act of May 30, 2014 on consumer rights, including in relation to a contract where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery.
§9. Withdrawal from the contract and complaint proceedings in the field of electronic services
- In the case of contracts for the provision of electronic services of a continuous and indefinite nature (eg. Customer Account, Newsletter), the Customer has the right to terminate the contract. The customer may terminate the contract with immediate effect and without giving any reason by sending a notice of termination to the e-mail address email@example.com.
- The Seller reserves the right to terminate the contract for the provision of electronic services of a continuous and indefinite nature with a 14-day notice period in the event of a breach by the Customer of the provisions of these Regulations.
- In the event of non-performance or improper performance by the Seller of the services provided via the Online Store, the Customer is entitled to submit a complaint by e-mail to the address firstname.lastname@example.org.
- A correctly submitted complaint should contain the Customer’s designation (name and surname or company name, home address or company headquarters’ address and e-mail address), the subject of the complaint along with an indication of the period to which the complaint relates and the circumstances justifying the submission of the complaint.
- The complaint is considered by the Seller within 14 calendar days from the date of receipt of the complaint.
§10. Provisions relating to entrepreneurs
- The provisions of this paragraph apply only to customers who are not consumers in accordance with art. 22 (1) of the Civil Code.
- The provisions of this paragraph do not apply to Sales Agreements, if the buyer is a natural person concluding a contract directly related to his business, if the content of this contract shows that he or she does not have a professional character for that person, resulting in particular from the subject of the business activity performed by him or her which is made available on the basis of the provisions on the Central Register and Information on Economic Activity.
- The Seller reserves the right to withdraw from the Sales Agreement at any time, unless the Product has been delivered to the Customer, a third party acting on behalf of the Customer or the carrier performing the delivery to the Customer. Withdrawal from the contract by the Seller does not give rise to any claims on the part of the Customer against the Seller.
- The Seller reserves the right to limit the payment methods available in the Online Store. The Seller reserves the right to demand a prepayment in whole or in part of the value of the order, regardless of the method of payment chosen by the Customer.
- Based on Article. 558 of the Civil Code, in the case of the sale of the Product to the Customer who is not a consumer, the Seller’s liability under the warranty is excluded.
- Based on Article. 548 §1 of the Civil Code, upon the release of the Product by the Seller to the Customer, a third party indicated by the Customer or the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer.
- The Seller’s liability towards the Customer is limited only to the actual damage suffered by the Customer in connection with improper performance of the contract by the Seller, and the Seller shall be liable in the amount not greater than the value of the order placed by the Customer.
§11. Seller’s Responsibility
- The Seller is not responsible for entering incorrect data by the Customer (in particular by providing incorrect data in the forms available on the website) or for the Customer’s action in a way that hinders or prevents the provision and implementation of services by the Seller.
- The Seller is not responsible for the consequences of using the Online Store by the Customer in a manner inconsistent with the provisions of the Regulations, applicable law and the applicable rules of social coexistence or customs.
- The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Online Store due to the need for maintenance, review or expansion of the technical base or software. The suspension or termination of the benefits of individual functionalities of the Online Store may not violate the Customer’s rights.
§12. Intellectual property
- All content posted in the Online Store (including graphics, texts, page layout and logos), and not coming from the Customer or other suppliers, benefits from copyright protection and is the sole property of the Seller. The use of this content without the written consent of the Seller shall result in civil and criminal liability.
- The customer is obliged to use any content posted on the Online Store only for personal use. The use of the content in a different scope is allowed only if it has been expressly indicated by the Seller.
- Using the Online Store, including the use of text, graphic materials, photos, applications, databases or other content, does not mean that the Customer acquires any rights in relation to the indicated content, and in particular does not constitute the acquisition of proprietary copyrights, related rights or license.
- It is forbidden to take the following actions without the express consent of the Seller:
- copying, modifying and transmitting electronically or otherwise the Online Store or its parts, as well as individual content made available through it,
- disseminating the content published in the Online Store in any way,
- downloading the contents of databases and re-using them in whole or in part.
§13. Final Provisions
- The Seller reserves the right to amend these Regulations. The Seller shall notify the changes to the Regulations on the Online Store website at least 14 calendar days before the amendments to the Regulations enter into force. The amendment to the provisions of the Regulations does not apply to customers who placed an order during the validity of the previous version of the Regulations. Changing the Regulations during the contractual relationship of a continuous nature binds the other party if the requirements specified in Art. 384 of the Civil Code, and the party did not terminate the contract with a notice period of 14 calendar days.
- In other matters not covered by the provisions of these Regulations, the relevant provisions of the Polish law shall apply. If the regulations in force in the consumer’s country are more favorable to him or her, and these regulations cannot be excluded by agreement, they will be applied in the agreement concluded via the Online Store.
- The customer has the option of using extrajudicial means of dealing with complaints and pursuing claims resulting from orders placed in the Online Store. These include: in the event of a dispute over property rights resulting from the Sales and Service Agreements, requesting the case to be examined by the Permanent Consumer Arbitration Court operating at the appropriate Provincial Inspectorate of Trade Inspection; submitting a request to the Provincial Inspector of Trade Inspection in Warsaw to take actions aimed at out-of-court settlement of the dispute under the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823).
- Notwithstanding point 3, the Customer may ask for help from the municipal consumer ombudsman. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.
- The customer who is a consumer may also use the electronic method of resolving disputes with the Seller via the ODR platform available at http://ec.europa.eu/consumers/odr/.
- Disputes arising as a result of the provision of services under these Regulations will be submitted to:
- a common court at the choice of the Customer in accordance with the relevant provisions of Polish law, if the Customer is a consumer or entrepreneur referred to in §8 point 2 of the Regulations,
- a common court having jurisdiction over the seat of the Seller, if the Customer is not a consumer.
- Appendices to the Regulations constitute its integral part.
- The Regulations enter into force on September 15, 2022.