Terms and conditions

TERMS OF ELECTRONIC SERVICES

Art. 1. [Basic information]

1. This regulation is the terms of providing electronic services through the website: loftgorce.pl hereinafter referred to as the "Website").
2. The owner and entity providing electronic services through the Website is: Aleksandra Zapała, an entrepreneur registered in the Central Register and Information on Economic Activity under the company name: Loft Gorce Aleksandra Zapała with its registered office in Poręba Wielka 861 (34-735 Poręba Wielka), Tax Identification Number (NIP): 7372150745 (hereinafter referred to as the "Service Provider").
3. You can contact the Service Provider via:
   • email: loftgorce@gmail.com
   • phone: 787-457-966
4. This regulation was adopted on 01.01.2024.
5. The Service Provider reserves the right to change the Terms and Conditions.

Art. 2. [Types and scope of services provided]

1. The Website contains basic information about the Service Provider's business: an online store of metal products.
2. Through the Website, the Service Provider provides paid and free services:
   • within the online store - sale of products;
   • creating a user account;
   • subscription to a newsletter with commercial information (promotions, special offers);
   • publishing comments.
3. Paid services are marked in such a way that there is no doubt that using them is associated with an obligation to pay.

Art. 3. [Technical conditions for using the services]

1. In order to use the Website correctly, you should have:
   • a device (PC, tablet, smartphone) with an internet connection,
   • an internet browser,
   • full legal capacity to make purchases on the Website,
   • an email address to make purchases on the Website or subscribe to the newsletter.
2. It is prohibited to publish content of an unlawful nature on the Website.

Art. 4 [Sale of products]

1. Placing orders:
   • Effective placing of an order requires providing the data specified in the order form. The data should be true and up to date.
   • A sales contract is concluded after you provide the mandatory data, click the "Buy and Pay" option, make the payment (excluding cash on delivery), and receive an email confirmation of the order placed by the Service Provider.
   • The Service Provider will fulfill the order after you make the payment (excluding cash on delivery) and confirm your order. The payment deadline is 7 days.
   • As part of confirming the order, the Service Provider confirms the availability of the goods from the supplier. Upon confirmation of the availability of the goods and establishing the shipping date with the supplier, the Service Provider confirms the order.
   • Orders are fulfilled within 1 to 3 days from the date of confirming the acceptance of the order for execution, unless stated otherwise in the order confirmation. Fulfillment means assembling and shipping the order. If the order cannot be fulfilled within this timeframe, you will be notified by the Service Provider. The delivery time for dropshipping orders will be specified in each order confirmation.
2. Making payments
   • The Service Provider allows payment: (a) cash on delivery, (b) through an online payment operator, (c) by bank transfer.
   • Payment is considered made when the funds are credited to the Service Provider's account or when the funds are credited by the payment operator's system.
3. Delivery/Pickup of goods
   • The Service Provider offers several options for delivery of goods - you should choose when placing an order.
   • The Service Provider specifies the delivery costs on the website so you can review them before placing an order.
   • In case of any irregularities in the condition of the shipment, especially its external damage, you should report this fact to the courier and draw up a protocol with this information. Remember that failing to fulfill this obligation may result in the rejection of your warranty claims.
   • The Service Provider operates in a dropshipping system, so the shipment of goods is carried out directly by the Service Provider's supplier. Any complaints regarding the goods should be reported directly to the Service Provider.
4. Warranty
   • The Service Provider provides consumers with a quality guarantee to the same extent as the liability for physical defects of the goods, in accordance with the provisions of the Civil Code.
5. Other information
   • In case of doubt, it is considered that the prices stated in the store are gross prices.
   • The Service Provider reserves the right to refuse to fulfill an order if, in particular: (a) you provided false data that prevents the delivery of the shipment, (b) you did not receive the shipment twice, (c) you did not pay for the order on time, (d) the supplier does not have the ordered goods in stock.
   • Orders can be placed through a user account created on the Website or without creating an account.

Art. 5 [Consumer rights]

1. The provisions of articles 5-7 below apply to consumers and entities exercising consumer rights under the provisions of the Civil Code.
2. The Service Provider is liable for warranty claims according to the rules specified in the Civil Code in relation to persons and entities other than those mentioned in paragraph 1 above.
3. A consumer is considered to be a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity. A natural person conducting business activity may also benefit from consumer rights, provided that the content of the contract indicates that it does not have a professional character for this person, particularly resulting from the subject of the business activity conducted by them, made available based on the provisions of the Central Register and Information on Economic Activity.
4. The legal basis for consumer rights is the Consumer Rights Act. Provisions of contracts less favorable to the consumer than the provisions of the law are void, and the provisions of the law apply in their place.

Art. 6 [Consumer right of withdrawal from the contract]

1. Every person making a purchase of goods or services as a consumer has the right to withdraw from the contract without giving a reason. Note! The right to withdraw from the contract without giving a reason does not apply to the consumer when purchasing an item made to special order and with individual characteristics. The Seller specifies what these characteristics are.
2. The right to withdraw from a distance contract does not apply to the consumer in relation to a contract where the subject of the service is a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
3. In order to exercise the right to withdraw from the contract without giving a reason, you are required to submit a declaration of intent in this regard. You can use the form located at the bottom of the Regulations, but this is not mandatory. It is sufficient if you send us an email or a handwritten letter with your details (name, address, optionally phone number or email address), information about the purchased product or service with a statement that you are withdrawing from the contract.
4. The 14-day period is considered to be observed if you send us an email or letter before the end of this period.
5. In the event of withdrawal from a distance contract, the contract is considered not concluded, and for this reason, we are obligated to refund any payments made by you, and you are obligated to return the purchased products.
6. No later than 14 days from the day we receive your statement of withdrawal from the contract, we will refund all payments made by you, including the delivery costs of the product (if you incurred such costs). Payment may be withheld by us until we receive the products back from you or until you provide proof of returning them. We will refund your payments using the same payment method unless you request a refund in a different way.
7. The products should be returned no later than 14 days from the day you withdrew from the contract. To meet the deadline, it is sufficient to send back the items before the deadline expires. If you chose a method of returning the items other than the cheapest standard delivery method offered by us, we will not be obliged to refund the additional costs you incurred.
8. In the event of withdrawal from the contract, you are responsible for any reduction in the value of the returned products resulting from using them in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the goods.

Art. 7 [Consumer rights in case of non-conformity with the contract]

1. The Service Provider is liable to the consumer for the non-conformity of the goods with the contract existing at the time of its delivery and revealed within two years from that moment, unless the period of usability of the goods, specified by the Service Provider, its legal predecessors or persons acting on their behalf, is longer. It is presumed that the non-conformity of the goods with the contract that appeared before the expiration of two years from the moment of delivery of the goods existed at the time of its delivery, unless proven otherwise or this presumption cannot be reconciled with the nature of the goods or the nature of the non-conformity of the goods with the contract.
2. In relation to goods with digital elements, the Service Provider is liable to the consumer for the non-conformity with the contract of digital content or digital service delivered continuously, which occurred or was revealed during the time when according to the contract it was to be delivered. This period cannot be shorter than two years from the delivery of the goods with digital elements. It is presumed that the non-conformity of digital content or digital service with the contract occurred during this time if it was revealed during this time.
3. The Service Provider is liable for the non-conformity with the contract of digital content or digital service delivered once or in parts, which existed at the time of their delivery and was revealed within two years from that moment. It is presumed that the non-conformity of digital content or digital service with the contract, which was revealed before the expiration of one year from the moment of delivery of the digital content or digital service, existed at the time of their delivery.
4. The assumptions specified in paragraphs 3 and 4 shall not apply if:
   • the consumer's digital environment is not compatible with the technical requirements, which the Service Provider informed him about clearly and understandably before the conclusion of the contract;
   • the consumer, informed clearly and understandably before the conclusion of the contract about the obligation to cooperate with the Service Provider, in a reasonable manner and using the least burdensome technical means for himself, to determine whether the non-conformity of digital content or digital service with the contract in due time results from the characteristics of the consumer's digital environment, does not fulfill this obligation.
5. Consumer rights in case of non-conformity of goods with the contract:
   • If the goods are non-conforming with the contract, the consumer may demand their repair or replacement.
   • The Service Provider may replace the goods when the consumer demands repair, or the Service Provider may repair when the consumer demands replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the Service Provider.
   • If repair and replacement are impossible or would require excessive costs for the Service Provider, he may refuse to bring the goods into conformity with the contract.
   • The consumer is also entitled to submit a statement to the Service Provider about reducing the price or withdrawing from the contract, in the event of one of the following events:
     1. The Service Provider has refused to bring the goods into conformity with the contract,
     2. The Service Provider has not brought the goods into conformity with the contract,
     3. The non-conformity of the goods with the contract persists despite the Service Provider's attempt to bring the goods into conformity with the contract,
     4. The non-conformity of the goods with the contract is so significant that it justifies a reduction in price or withdrawal from the contract without prior use of the right to repair or replace the goods,
     5. It is clear from the Service Provider's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
     6. The consumer cannot withdraw from the contract if the non-conformity of the goods with the contract is insignificant. It is presumed that the non-conformity of the goods with the contract is significant.
6. Consumer rights in case of non-conformity of digital content or digital service with the contract:
   • If digital content or digital service is non-conforming with the contract, the consumer may demand its conformity with the contract.
   • The Service Provider may refuse to bring digital content or digital service into conformity with the contract if bringing it into conformity with the contract is impossible or would require excessive costs for the Service Provider.
   • If digital content or digital service is non-conforming with the contract, the consumer may submit a statement about reducing the price or withdrawing from the contract when:
     1. Bringing digital content or digital service into conformity with the contract is impossible or would require excessive costs,
     2. The Service Provider has not brought digital content or digital service into conformity with the contract,
     3. The non-conformity of digital content or digital service with the contract persists despite the Service Provider's attempt to bring digital content or digital service into conformity with the contract,
     4. The non-conformity of digital content or digital service with the contract is so significant that it justifies a reduction in price or withdrawal from the contract without prior use of the right to bring digital content or digital service into conformity with the contract,
     5. It is clear from the Service Provider's statement or circumstances that he will not bring digital content or digital service into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
     6. The consumer cannot withdraw from the contract if digital content or digital service is provided in exchange for payment, and the non-conformity of digital content or digital service with the contract is insignificant. It is presumed that the non-conformity of digital content or digital service with the contract is significant.

Art. 8 [Complaint procedure]

1. The right to lodge a complaint belongs to every person using the Website, in particular persons making purchases on the Website or using services provided through the Website.
2. All complaints, comments, and reservations regarding the Website and services provided through it can be directed to the following address: sklep@grecofood.pl
3. In the case of complaints regarding non-conformity with the contract or warranty claims, you are obliged to provide:
   • Contact details – name, surname, email address, phone number, residential address,
   • Data regarding the contract or goods (digital content and digital services), so that we can identify the transaction,
   • The reason for the complaint, and in the case of citing physical defects of the goods, also photographic documentation of the defects,
   • Your demands.
4. In the case of complaints regarding other matters than defective goods/services, you are obliged to provide:
   • Contact details – name, surname, and email address,
   • A description of the reasons for the complaint,
   • Your demands, proposals, and requests.
5. The Service Provider undertakes to respond to the complaint within 14 days from the date of its receipt. The Service Provider's response to the complaint is made via email.
6. Specific provisions regarding consumers:
   • The Service Provider carries out repairs or replacements within a reasonable time from the moment when the Service Provider was informed by the consumer about the non-conformity with the contract, and without excessive inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer acquired them. The costs of repair or replacement, including in particular postage, transport, labor, and materials costs, are borne by the Service Provider.
   • The consumer provides the goods subject to repair or replacement to the Service Provider. The Service Provider picks up the goods from the consumer at its own cost.
   • If the goods were installed before the non-conformity with the contract was discovered, the Service Provider disassembles the goods and reassembles them after the repair or replacement, or arranges for these activities at its own cost.
   • The reduced price must remain in such proportion to the price resulting from the contract, in which the value of the non-conforming goods remains in relation to the value of the conforming goods.
   • The Service Provider reimburses the amounts due to the consumer as a result of using the right to a price reduction immediately, no later than within 14 days from the date of receipt of the consumer's statement about the price reduction.
   • In the event of withdrawal from the contract, the consumer promptly returns the goods to the Service Provider at its own cost. The entrepreneur reimburses the consumer the price immediately, no later than within 14 days from the date of receiving the goods or proof of their return.
   • The Service Provider makes the refund using the same payment method that the consumer used, unless the consumer explicitly agreed to a different refund method that does not entail any costs for them.

Art. 9 [User account]

1. The User can create their account on the Website. This service is free of charge.
2. Holding an active account is a condition for making purchases on the Website.
3. An account is created via a dedicated form.
4. Access to the account is granted after the user provides their chosen: login and password. The password should be kept confidential by the user.
5. The account can be deleted by the user at any time.

Art. 10 [Newsletter]

1. The service in the form of newsletter subscription is free of charge. It consists of sending commercial information about promotions and special offers from the Service Provider. By subscribing to the newsletter, you agree to receive commercial information to the email address provided by you.
2. You can unsubscribe from the newsletter at any time using the unsubscribe option included in the newsletter message or by contacting the Service Provider.

Art. 11 [Comments]

1. You can publish comments on the Website.
2. The Service Provider reserves the right to remove comments without giving a reason.

Art. 12 [Dispute resolution]

1. By accepting these regulations, you agree that in the event of a dispute, we will try to resolve it amicably and collectively. The time for negotiations will be 3 months from the date of notification of claims by me or by you. If we do not find a solution to the dispute within the specified period, we will be able to submit our claims to the ordinary court.
2. In the case of providing services to a consumer residing in a country other than Poland, we agree that the matter will be governed by Polish law. This agreement does not deprive you of the protection granted to you under provisions that cannot be excluded by agreement or by law.
3. I agree to out-of-court dispute resolution. If you want to report a case against me, you can do so electronically at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

Art. 13 [Personal data protection]

1. The Service Provider is the data controller within the meaning of the provisions on personal data protection (GDPR and others). Information on the rules for processing data by the Service Provider is included in the Privacy Policy available at: www.grecofood.pl/privacy-policy

Art. 14 [Withdrawal form template]

withdrawal form template: https://loftgorce.pl/formularz_zwrotu.pdf