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Terms and conditions of use

§1. GLOSSARY
• Working days - mean weekdays from Monday to Friday excluding public holidays.
• Delivery - means actual activity consisting of delivery to the Customer by the Seller, through the Supplier, the Goods specified in the order. Information regarding costs, date and method of Goods delivery are stated on the website www.slodkiwierzynek.pl.
• Supplier - means a courier company, with whom the Seller collaborates in the scope of Goods Deliveries.
• Password - is a string of letters, digits or other selected by the Customer during registration at the Online Shop, used to secure the access to the Customer’s Account in the Online Shop.
• Customer - means the entity on behalf of which compliance with the Terms and Conditions and laws may be provided electronic services, or which may be concluded Sales contract.
• Consumer - means the natural person making the legal action not directly related to its business or professional activity.
• Customer’s Account - means an individual panel assigned to each customer, running on his behalf by the Seller, after the Customer Registration.
• Login - means the individual identification of the Customer, established by them, consisting of a string of letters, digits or other required along with the Password to establish a Customer’s Account in the Online Shop. Login is the right e-mail address of Customer.
• Entrepreneur - means a natural person, legal person or organizational entity not being a legal person, but to whom an act has granted a legal capacity, running on its own behalf commercial or professional activity.
10. Terms and Conditions - means this Online Shop regulations.
11. Registration - means actual activity made in the manner specified in the Terms and Conditions, required for the use by the Customer of all the functionality of an Online Shop.
12. Seller - refers to the Company WISTERIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWO-AKCYJNAwith its registered office in Kraków (31-008), Rynek Główny 15, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków - Śródmieście in Kraków, XI Commercial Division of the National Court Register, under KRS number: 0000309791, which has a number in the National Official Register of Business Entities REGON: 120731334 and the Tax Identification Number NIP: 676-240-39-00,
13. Online Shop Website - means the website under which the Seller runs the Online Shop operating in the domain: www.slodkiwierzynek.pl.
14. Goods - means a product presented by the Seller through the Online Shop Website.
15. Sales contract - is a contract of sale concluded electronically on the terms specified in the Terms and Conditions, between the Customer and the Seller.


§2.GENERAL PROVISIONS
• All rights to the Online Shop, including copyrights, intellectual property rights to its name, Internet domain, Online Shop Website, as well as patterns, forms, logos belong to the Seller, and their use can take place only in the manner specified and in accordance with the Terms and Conditions.
• Online Shop is provided by the Seller via the Internet and the Online Shop Website.
• The object of these Terms and Conditions is to regulate the conditions of sale and operation of the Online Shop.
• The Terms and Conditions are provided free of charge and uninterruptedly on the Online Shop Website www.slodkiwierzynek.pl in a way that allows its customers to access, play and consolidate its content by printing and saving on the media at any time.
• Placing an effective Order is possible after reviewing and accepting the provisions of these Terms and Conditions.
• The Owner of Online Shop registered at:www.slodkiwierzynek.pl
is Seller.
• For the entities other than Consumers are not applicable provisions of the Act of 2 March 2000 - on protection of some consumer rights and liability for damage caused by hazardous products and the Act of 27 July 2002 - on specific terms and conditions of consumer sale and amendments to the Civil Code, in particular the provisions relating to the right to withdraw from the contract of sale and the powers regarding the incompability of the product with the contract resulting.
• The information contained on the websites of the Seller does not constitute an offer within the meaning of Art. 66 of the Civil Code; they constitute an invitation to contract within the meaning of Art. 71 of the Civil Code.
• The Seller presents digital images of the offered products. In addition, the Seller shall endeavour to ensure that the photos were of the highest quality and the highest degree reflect the actual condition and colour of the presented goods.
• Prices in the Online Shop of the Seller are quoted in Polish Zloty (PLN).
• The Seller reserves the right to change prices of Goods in the catalog of Goods, to introduce new products to the Online Shop and to remove inaccessible Goods, and to cancel promotional campaigns on the Seller websites and to implement modifications on the mentioned websites.
• The distribution of the patterns on the Goods sold, in fact, may in a small way differ from the goods presented in the Online Shop.


§3. TERMS OF USE OF ONLINE SHOP “SŁODKI WIERZYNEK”
• Using the Online Shop may take place only under the terms and to the extent specified in the Terms and Conditions.
• The Seller will endeavor to make the use of the Online Shop possible for the Internet Users with all popular web browsers, operating systems, device types, and types of Internet connections. The minimum technical requirements to enable proper functioning of the website on desktop computers and laptops in the following browsers for a resolution of at least 1024 x 768 px:
1) Firefox version 10 or higher;
2) Internet Explorer version 8 or higher;
3) Opera version 10 or higher;
4) Chrome version 12 or higher;
5) Safari version 5 or higher;
• To place an order in the Online Shop, and in order to use the services available on the Online Shop Websites, the Customer must have an active e-mail account.
• The Customer using the Online Shop is not entitled to any interference in the content, structure, form, graphics, mechanism of Online Shop and Online Shop Website operation.
• The customer is entitled to use the resources of an Online Shop exclusively for their own use. It is not allowed to use the resources and functions of the Online Shop for the purpose of the Customer commercial activity or that would prejudice the interests of the Seller.


§4. REGISTRATION
• To create an Customer’s Account, the Customer is obliged to make the registration.
• Registration is not required to make the customer orders in the Online Shop.
• In order to Register, the Client should complete the registration form made available by the Seller on the Online Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function contained in the registration form. On Registration, the Customer establishes an individual Password.
• Completing the registration form is made under the following rules:
a) The customer must fill in all fields of the registration form, unless the field is marked as optional;
b) The information entered in the registration form should only relate to the Customer and be truthful, whereas the Customer is the person responsible for the accuracy of the information contained in the registration form;
c) The Customer should confirm that he os she read the Terms and Conditions by marking the appropriate field of the registration form;
d) The Customer marking the appropriate field of the registration form should express their intend to conclude a contract for the provision of electronic services on its behalf by the Seller, services of Customer’s Account operation, whereas when the Customer does not agree to conclude a contract the registration and the creation of Customer’s Account may not be completed;
e) The Customer must agree to the processing of personal data contained in the registration form in order to carry out services on the basis of contracts concluded in accordance with the Terms and Conditions (Art. 23 sec. 1 item 3 of the Law on Personal Data Protection), whereas the Client shall have the right to access their data and correct them.
5. Sending a completed registration form is equivalent to:
a) acknowledging and accepting by the Customer provisions of the Terms and Conditions;
b) authorization of the Seller to process personal data contained in the Customer registration form in order to provide service of managing Customer’s Account
and consent to the transfer by the Seller information related to the maintenance of the Customer’s Account to the email address provided by the Customer during the Registration.
6. During Registration the Customer shall permit the processing of personal data for marketing purposes. In this case, the Seller clearly indicates on the purpose of collecting personal data of the Customer as well as on known or anticipated recipients of these data to the Seller. Consent to the processing of personal data for marketing purposes takes into account that:
a) consent is voluntary and may be revoked at any time;
b) Customer, whom the data subjects to shall have the right to the access of the content and correction of personal data;
c) entrustment of personal data to the Seller occurs by marking the appropriate field in the registration form.
7. Consent to the processing of personal data for marketing purposes means, in particular, an agreement to receive commercial information from the Seller or the advertisers cooperating with the Seller at the Customer e-mail address, specified in the registration form.
8. After sending a completed registration form, the Customer immediately receives confirmation of the Registration sent by the Seller to the email address provided on the registration form. From the moment the contract is concluded for the provision of electronic services of managing Customer’s Account, then the Customer gets the possibility to access the Customer’s Account and make changes in the registration data, except for the Login.
9. The Customer shall be obliged to make every effort to preserve confidentiality and not to reveal the Password to third parties. In the event of any circumstances indicating a suspicion that the Password is held by an unauthorized person, the Customer shall promptly notify the Seller of this fact, using the available means of communication. In this case, the Customer should immediately change the Password using the appropriate functionality within the Customer’s Account.
10. The Seller creates and implements the protection against unauthorized use, multiplication or distribution of the content on the Online Shop Website.
In the case of application these protective measures by the Seller, Customers undertake to refrain from any steps to remove or circumvent such security or solutions.


§5. CONTRACTS PERFORMANCE CONDITIONS
• The Customer can place orders in the Online Shop for 7 (seven) days a week and 24 (twenty four) hours a day via the Online Shop Website.
• The Customer completes an order by choosing the Goods which he or she is interested in by selecting the "ADD TO CART" under the particular Goods located on the Online Shop Website. The Customer after completing the whole order and indicating in the “CART" the delivery and payment methods, places an order by sending the order form to the Seller. Submitting the form followed by the activation of the corresponding field in the order form. Before every order the Seller is given the total price of selected Goods and the total cost of the chosen method of delivery.
• Placing an order is a submission by the Customer to the Seller the offer to conclude a contract of sale of Goods being the subject of the order. On the basis of the order placed, the Seller shall verify the availability of the Goods ordered by the Customer in the Online Shop.
• In the absence of the ordered Goods in the Online Shop or inability to complete the Customer order for other reasons, including the case when the purchase of the Goods from the Seller’s suppliers will not be possible during stipulated period of time for execution of the contract, the Seller will inform the Customer by e-mail or telephone of the circumstances.
• If the performance of the contract is impossible the Seller may offer the Customer:
a) cancellation of the whole order (if selected by the Customer exempts the Seller from the obligation to perform the contract);
b) cancellation of the order in part, in which its implementation is not possible within a reasonable time (if selected by the Customer exempts the Seller from the obligation to perform the order to the extent to which it is not possible);
• After placing an order and positive verification of the availability of the Goods by the Seller in the Online Shop, the Seller sends the order confirmation to the specified e-mail address by the Customer. The Confirmation of the order is the Seller’s statement of acceptance of the offer and a confirmation of the contract. The Confirmation contains the date of conclusion of the contract, the nature and the object of performance as well as the price.
• The Seller will perform the contract within thirty days from the conclusion of the contract. The performance of the contract shall mean sending to the Customer information about the possibility to collect the Goods at the Seller's premises or the confirmation of the Goods dispatch to the address provided by the Customer.
• If the Seller, after the conclusion of the Contract will not be able to meet the provision as a consequence of unavailability of the object, should immediately, but no later than thirty days from the conclusion of the contract, notify the Customer and return the entire payment.
• In the event that the Seller will not be able to fulfill the obligation due to even transitory impossibility of performance properties ordered by the Customer, the Seller may be released from liability by performance to substitute corresponding to the same quality and purpose, and for the same price or remuneration, informing at the same time the Customer in writing of his right to refuse the performance and to withdraw from the contract, with the return of things at the expense of the Seller. The customer has the right to withdraw from the contract in the manner and on the terms specified in § 6 of these Terms and Conditions. In this case the return of things occurs at the expense of the Seller.

• Prices on the Online Shop Website provided at the the Goods:
a) are gross prices (including VAT) and are defined in Polish zloty (PLN);
b) do not contain information on the cost of the Delivery, about which the Customer will be informed when choosing a method of Delivery;
c) do not contain information on possible duties if the delivery address is outside the territory of Poland.

10. The final binding price of the Parties to the sales Contract is the price of the Goods presented on the Online Shop Website at the time of order placement by the Customer.
11. Information on the total contract value is determined in each case in a “CART", after the Customer chooses the delivery and payment methods.
12. The Customer can choose the following methods of payment for the ordered Goods:
a) bank transfer to the Seller's bank account (in this case the performance of the contract shall start after the completion of the Customer ordering process in the Online Shop, and the shipment will take place after receipt of funds on the Seller's bank account);
b) cash payment in case of personal collection - payment in the Seller Office, i.e. Rynek Główny 15, 31-008 Kraków (in this case the performance of the contract shall be made immediately after the customer ordering process is completed in the Online Shop, while the Goods shall be provided in the Seller Office);
c) cash on delivery, payment for the Supplier at the time of Delivery (in this case the performance of the contract and its shipment shall start at the end of the Customer ordering process in the Online Shop);
d) bank transfer by DotPay payment system, (in this case the performance of the contract shall start after the completion of the Customer ordering process in the Online Shop and after receiving information about the successful completion of the payment carried out by DotPay payment system);

• The Customer cannot pay for part of the order in advance, and for the other part of the order when collecting the order.
• The ordered Goods are delivered to the Customer via the Supplier, to the address indicated in the order form.
• On the day of sending the Goods to the Customer (if not selected the possibility of personal collection of Goods) the Seller’s confirmation of the delivery is transmitted to the e-mail address of the Customer.
17. The Customer is obliged to examine the consignment delivered in time and in the manner adopted for consignments of that type in the presence of an employee of the Supplier.
18. The Customer has the right to require from the employee of the Supplier to transcribe the proper protocol in the event of loss or damage of the shipment.
19. The Customer has the possibility of personal collection of ordered Goods. The collection may be made in the Seller Office, i.e. Rynek Główny 15, 31-008 Kraków, on Working Days, from 09:00 to 22:00 by appointment via e-mail or telephone.
20. The Seller attaches to the shipment which is the subject of the Delivery, according to the will of the Customer receipt or an invoice covering the supplied Goods.
21. In the absence of the Customer at the indicated address given as the address of the Delivery when ordering, an employee of the Supplier leaves an advice note. In case of return references of ordered Goods to the Online Shop by the Supplier, the Seller will contact the Customer by e-mail or phone, setting again with the Customer the time and cost of Delivery.


§6. WITHDRAWAL FROM THE CONTRACT / COMPLAINTS
• According to the Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by hazardous products, the Buyer who is the Consumer may withdraw from the contract without giving any reasons, submitting a written statement within 14 days after the products are shipped. The model declaration of withdrawal from the Contract is attached as Appendix 1 hereto.
• For the effectiveness of withdrawal, the statement should be sent to the address of the Seller before the date indicated above.
• In the event of withdrawal, the contract is considered void and whatever the parties have furnished shall be returned unchanged, unless a change was necessary in the ordinary management. The Seller is obliged to reimburse the Customer the cost of returning the Goods. If the Customer has made any prepayments, the Seller will return statutory interest from the date of prepayment.
• The method of refund depends on the form of the original payment to the Seller:
a) in case of payment "in advance" by bank transfer, the Seller shall refund to the Client's bank account, after calling the Customer to provide the data required for a bank transfer.
b) in the case of payment “cash on delivery" or the “personal collection" the Seller shall refund to the Client's bank account, after the presentation of the data required for a bank transfer.
c) in the case of payment "in advance" with the use of DotPay electronic payment systems, the Seller shall refund to the Client's bank account, after calling the customer to provide the data required for a bank transfer.
• Return of the goods must be made immediately, not later than 14 days from the date of dispatch of the statement. In case the Buyer sends a statement of withdrawal from the contract, along with the Goods, the deadline is 10 days from the date of delivery. Returned goods cannot be used beyond the necessary to verify compliance by the Customer of the Goods ordered.
• Refunds must be made immediately, not later than 14 days from the date of receipt by the Seller declaration of withdrawal from the contract. In case of failure to return the Goods, the Seller reserves the right to stop the selling price until the return of the Goods.
• The right of withdrawal is not entitled to the Customer in the event of:
a) provisions of the characteristics specified by the Customer in his order, or closely associated with his person;
b) provisions which due to their nature cannot be returned or whose subject is perishable.
• Chocolate products are inherently brittle and despite numerous security in the form of the outer packaging and shipping carton may crumble or break off, which of course does not reduce the taste and value of the product, but visually it may not respond to the Customer. Please consider this possibility before ordering.

• In accordance with the Act dated 27 July 2002 on special conditions of consumer sales and on amendment the Civil Code and the Regulation of the Minister of Economy, Labour and Social Policy dated 30 January 2003 on the dates of seller’s notification on finding food commodity with the contract, the Buyer loses the rights for non-compliance of a food commodity with the contract if they do not notify the Seller immediately after discovery of non-conformity with the contract, but no later than:
1) within 3 days of opening the packaging in the case of packaged goods within the meaning of Art. 2 section 15 of the Act of 6 September 2001 on packaged goods (Journal of Laws No. 128, item 1409):
a) marked by ‘use by’ or date of minimum durability in accordance with the provisions of the Act of 11 May 2001 on health conditions of food and nutrition (Journal of Laws No. 63, item 634 and No. 128, item 1408 and from 2002 No. 135, item 1145 and No. 166, item 1362),
b) for which the date of minimum durability or shelf life are not specified;
2) within 3 days of received Goods by the Buyer - in the case of goods sold in bulk.
• The notice on non-compliance with the contract should take place no later than the date of minimum durability of the goods or the shelf life. This condition does not apply to goods listed in paragraph 11 point 1), for which has not been determined date of minimum durability or shelf life.
• The complaint should be submitted in writing to the Seller’s address: Wisteria Spółka z ograniczoną odpowiedzialnością Spółka komandytowo - akcyjnawith its registered office in Kraków (31-008), Rynek Główny 15. Complaints are examined within 14 days of their receipt. The Seller informs the Customer on the decision on the complaint in writing, by phone or email. In justified cases the Goods will be exchanged for full value, and if it is not possible the amount paid will be reimbursed.
• The cost of shipping Goods that are subject of complaint is covered by the Seller.
• In case of orders return to the Seller due to incorrectly specified or incomplete delivery address, the refusal to accept the package by the addressee or the failure to collect the package within a specified period, the Customer shall bear the costs of re-dispatch by the Seller and the cost of returning the order. Products unclaimed or unpaid return are disposed within 7 days after returning to the warehouses of the courier or the Seller.


§7. LIABILITY
• The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts with Customers who are Entrepreneurs the Seller is liable only for damages inflicted intentionally
and within the limits of the losses actually incurred by the Customer that is Entrepreneur.
• The Seller shall not be liable for damage caused by acts or omissions of Customers, in particular for their use of the Online Shop
in a manner inconsistent with applicable law or the Terms and Conditions.
• The sole source of the Seller's obligations are this Terms and Conditions and mandatory laws.


§8.PERSONAL DATA PROTECTION
• Completing the data in the Order Form is tantamount to consent to the processing of personal data of the Customer by the Seller and by the entity authorized by the Seller to manage the website content, which the Online Shop is an integral part in accordance with the Act of 29 August 1997 on the protection of personal data (Journal of Laws from 2010 No. 229, item 1497, as amended).
• Personal data will be processed by the Seller only with the authorization to process the data and to complete orders or services provided electronically by the Seller and for the other purposes specified in the Terms and Conditions.
• Customer's personal data will be processed in order to complete the order, including issuing the invoice and conducting financial reporting. These data are confidential and will not be disclosed to persons not entitled.
• Customer's personal data are protected by the Seller in accordance with the above-cited Act on the protection of personal data, and will not be transferred, sold, or lent to other persons or institutions that are not entitled to it. Customer's personal data will be made available to fulfill the contract of sale of the Products covered by these Terms and Conditions.
• The access to personal data holds only the data controller, who is the Seller.
• The Customer who fills in the order form has access to their personal data for the purpose of verification, modification or deletion of their personal data from the database, notifying the data controller, i.e. the Seller about the actions in writing.
• The Seller may refuse to remove personal data if the customer fails to pay all amounts due to the Seller or violated applicable law and the preservation of personal data is necessary to explain the circumstances and determine the liability of the Customer.
• A collection of personal data of Customers Online Shop is registered in the Register of Personal Data files kept by the Inspector General for the Protection of Personal Data.


§9.NEWSLETTER
• The Customer may agree to receive commercial information, including electronic commercial information, by selecting the appropriate field in the registration form or at a later date in the “Your account" (link "Newsletter"). In the case of giving such consent, the Customer will receive a Newsletter of the Online Shop to an earlier specified e-mail address www.slodkiwierzynek.pl, as well as other commercial information sent by the Seller
on its own behalf and on behalf of third parties.
2. At any time the Customer may independently unsubscribe newsletter by unmarking the appropriate field in “Your account" (link "Newsletter").


§10. GENERAL PROVISIONS
• The Terms and Conditions come into force on the date of announcement on the Online Shop.
• The Seller shall make every effort to services provided in the Online Shop were at the highest level, but the Seller does not exclude the possibility of a temporary suspension of the availability of an Online Shop, if there is need to carry out maintenance, overhaul, replacement of equipment, or in connection with the need to upgrade or expand the Online Shop.
• The Seller reserves the right to change these Terms and Conditions. The change will be made by placing the new Terms and Conditions on the Online Shop website. Changes to the existing Terms and Conditions or new content of the Terms and Conditions enter into force after 7 days from the date of introduction of new Terms and Conditions on the Online Shop website. The date of entry into force of new Terms and Conditions will be clearly defined in its content.
• All orders are accepted by the Seller to implement before the day of introduced changes in the Terms and Conditions, the orders are based on the Terms and Conditions in force at the date of the order by the Customer.
• The Terms and Conditions and sales contract on the basis of the Terms and Conditions subject to Polish law.
• The Seller is not responsible for failure or improper performance of obligations under the contract of sale, unless the failure or improper performance was due to circumstances for which the Seller had no control, despite due diligence (force majeure). In the case of force majeure performance of the obligations shall be suspended for its duration.
• All mentioned names of Goods or Goods producers are used exclusively for commercial purposes and are registered trademarks of the manufacturers.
• The copyright for all images are entitled to the Seller.
• These Terms and Conditions are available on the Online Shop websites in a form allowing it to consolidate information and communication systems of the Seller.
• Any disputes arising from the Terms and Conditions or the sales contracts shall be settled by Polish common court competent for the Seller.
• In matters not regulated in these Terms and Conditions shall be applied the provisions of the Act of 23 April 1964 of the Civil Code (Journal of Laws from 1964, No. 16, item 93, as amended), The Act of 18 July 2002 on electronic services (Journal of Laws from 2002 No. 144, item 1204, as amended), the Act of 31 March 2000 on the protection of consumer rights and liability for damage caused by hazardous products (Journal of Laws from 2012, item 1225) and the Act of 27 July 2002 on special conditions of consumer sales and on amendment to the Civil Code (Journal of Laws from 2002, No. 141, item 1176, as amended).