Terms and Conditions

TERMS AND CONDITIONS OF THE ONLINE SHOP WWW. POLA-SNACKS.PL

CONTENTS:

I. GENERAL PROVISIONS

II. PRODUCT INFORMATION

III. REGISTRATION AND ORDERING CONDITIONS

VI. CONCLUSION OF THE PURCHASE CONTRACT AND ORDER PROCESSING

V. PRODUCTS PAYMENT PRINCIPLES

VI. PRODUCTS DELIEVERY

VII. PRODUCT COMPLAINT

VIII. CONSUMER’S AND TRADER’S RIGHT OF WITHDRAWAL FROM A DISTANCE CONTRACT

IX. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES

X. TECHNICAL CONDITIONS

XI. NEWSLETTER

XII. PERSONAL DATA

XIII. CONTACT INFORMATION

XIV. FINAL PROVISIONS

GENERAL PROVISIONS

These Regulations specify the manner of operation of the Internet Shop under the name POLA-SNACKS located at the website address www.pola-snacks.pl and the terms and conditions of using the services offered by the Internet Shop operated by the Seller. The Terms and Conditions define the rights and obligations of the Store’s customers, as well as the rights, obligations and responsibilities of the Seller.

Whenever the Regulations refer to:

Price – the gross price of the Product next to the Product information, unless the information next to the Product expressly states that the information given refers to the net price;

Customer – a natural person, a legal person or an organisational unit without legal personality who uses the Online Shop;

Civil Code – Act of 23 April 1964. Civil Code (i.e. Journal of Laws 2022, item 1360, as amended).

Consumer – a natural person purchasing from the Online Shop for a purpose not directly related to his/her commercial or professional activity;

Account – a functionality of the Online Shop comprising a set of resources in the ICT system, marked with an individual name (login) and a password provided by the Customer;

Basket – a functionality of the Online Shop which allows the Customer to display selected Products;

Platform – an Internet service run by the Seller, available at www.pola-snacks.pl, and allowing to get acquainted with the content made available by the Seller, as well as making it possible to use the Internet Shop and conclude distance sales agreements for the Products offered by the Seller;

Payment – an action carried out by the Customer consisting in the payment of a specific remuneration due to the Seller, including the price of the Products together with the costs of Delivery, and less any discounts and rebates;

Product – goods offered by the Seller in the Online Shop or which are the subject of a distance contract between the Seller and the Customer concluded in the Online Shop;

Entrepreneur-Consumer – natural person using the Platform for purposes directly related to their business activity, where the use of the Platform is not of a professional nature for them, arising in particular from the subject matter of their business activity;

Terms and Conditions – these Terms and Conditions of the Online Shop together with the appendices;

GDPR is the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) ( EU. L. 2016 No. 119, p. 1 as amended);

Online Shop – the online shopping service within the Platform, enabling the Customer to purchase Products offered by the Seller, as well as the service provided electronically by the Seller, which consists of making available through the Platform the functionalities enabling the conclusion of distance contracts for Products;

Seller – RAJPOL Spółka z ograniczoną odpowiedzialnością with its registered office in Bielany, address: Bielany 31A, 05-620 Błędów, entered in the register of entrepreneurs kept by the District Court Lublin Wschód in Lublin with its seat in Świdnik, VI Economic Department of the National Court Register under KRS no.: 0000095461, NIP: 7971815607, REGON: 67277715900000, amount of share capital: 5,886,620.00 PLN;

Product Page – a page on the Platform where the Vendor presents information about the Products it offers;

Contract of Sale – a contract on the basis of which the Seller undertakes to transfer the ownership of the Product to the Customer and deliver the Product to the Customer, and the Customer undertakes to pay the price to the Seller and collect the thing;

Electronic Service – a service provided electronically by the Service Provider to the Customer via the Online Shop

Consumer Rights Act – Act of 30 May 2014. on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended);

Act on counteracting unfair market practices – Act of 23 August 2007. on counteracting unfair market practices (i.e. Journal of Laws 2017, item 2070.);

VAT Act – Act of 11 March 2004. on tax on goods and services (i.e. Journal of Laws 2022, item 931, as amended);

User – any natural person using the Platform, including the Customer;

Order – placing an order by the Customer via the Website, as a result of which a Distance Selling Agreement is concluded between the Seller and the Customer;

The information provided on the Online Shop Platform does not constitute an offer within the meaning of the Civil Code, but an invitation to submit offers by Customers.

Product availability is updated Monday to Friday in the afternoon, except on public holidays.

The seller does not apply the code of good practice referred to in Article 2(5) of the Act on Counteracting Unfair Market Practices.

PRODUCT INFORMATION

The Product Pages contain images, descriptions and composition of the Product.

The product pages made available in the Online Shop and the information about the price and availability of the product indicated therein do not constitute an offer by the Seller within the meaning of the Civil Code, but an invitation to conclude a contract.

The Seller reserves the right to change the prices of the Products, organise and cancel promotions and sales in the Online Shop and make changes to them at any time. This entitlement will not affect Customers’ acquired rights, including the terms and conditions of Orders placed before the effective date of the changes.
Prices of the Products available in the Online Shop:
are given in Polish zloty and include taxes, including VAT, unless the Online Shop explicitly indicates that the Price is net;
Delivery costs for the Product are not included.

REGISTRATION AND ORDERING CONDITIONS

The customer entitled to place an Order for Products is:

A customer with the status of a registered User of the Online Shop;

A customer who does not have the status of a registered User of the Online Shop.

The customer acquires the status of a registered User of the Online Shop after the person has performed the following actions:

Filling in correctly the registration form found on the Platform, in particular by providing the personal data required by the Seller and establishing a login and password by the Customer;

Activation of the Account on the Platform by the Customer by accessing the link sent to the Customer’s e-mail address.

The Customer, having the status of a registered User of the Internet Shop, after logging in to the Shop in order to place an Order, adds the selected Products to the Basket and then confirms the Order by pressing the button – Order.

In order to place an Order, the Customer who is not a registered User of the On-line shop adds the selected Products to the Basket and then confirms the Order by pressing the Order button and providing the data necessary to complete the order according to the procedure indicated on the Portal.

Once the Order has been placed, the Customer will receive an e-mail containing a summary of the Order placed, together with information about the registration of the Order in the Online Shop.

CONCLUSION OF THE PURCHASE CONTRACT AND ORDER PROCESSING

The contract of sale of the Product is concluded as soon as the Seller confirms the acceptance of the Order placed by the Customer. Confirmation is made by sending an e-mail containing information on confirmation of acceptance of the Order for processing.

The seller reserves the right to additionally verify the customer’s data by e-mail or telephone.

The Customer may place an Order 24 hours a day, every day of the year, subject to the time the Website is offline due to installation work, repairs, data migration, etc.

The ability to place an Order may be subject to the minimum Order value specified by the Seller, i.e. the minimum gross value of the Products after taking into account all accrued discounts enjoyed by the Customer. Delivery costs are not included in the minimum value of the Order. Information on the minimum value of the Order is visible when placing the Products in the Basket.

The Seller reserves the right to refuse to process an Order in the event of:

Submitting it on an incorrect form,

To suspect that Products are purchased for resale,

Determination of any kind of breach of the Rules of Procedure.

Each Order is assigned an individual number which allows you to check its status after logging in to the Online Shop.

The terms and conditions of the sales contract are defined by the Terms and Conditions, generally applicable laws and individual arrangements between the Customer and the Seller.

The seller sends the sales documents and any corrections to them by e-mail. The content of the Sales Agreement is additionally recorded in the Store’s data communications system and is made available to the parties to the Agreement or at the request of authorised public authorities in accordance with the provisions of law.

By accepting the Terms and Conditions, the Customer consents to the use of electronic invoices by the Seller as referred to in Article 106n(1) of the VAT Act.

The minimum duration of the Customer’s obligations under the Sales Contract shall correspond to the period for which the contract was concluded.

PRODUCTS PAYMENT PRINCIPLES

Receivables for Products purchased from the Online Shop and delivery costs for Products may only be paid according to the following options:

Via the Przelewy24.pl website,

Via PayU.com,

Via the BLIK service,

Cash on delivery.

The Customer’s choice of payment method is made when placing the Order.

Electronic payments are handled by a payment service provider, and the selection of such a payment method involves an obligation to accept the terms and conditions set by the payment service provider.

If the Customer chooses one of the methods of prepayment for the Order, payment shall be made without undue delay. If the Customer chooses to pay on delivery of the Order, payment must be made at the time of collection.

If pre-payment is made for an Order, the Seller shall confirm the payment receipt by email.

The refund of the payment by the Seller shall be made using the same form of payment as the one used by the Customer, unless the Customer has expressly indicated a different way of refunding the payment that does not involve any costs for the Customer. If a Payment is made from a bank/SKOK account or with a payment card, the refund of the Payment shall be made to that bank/SKOK account or to the account associated with the payment card used to make the Payment.

PRODUCTS DELIEVERY

Orders are delivered exclusively within the territory of Poland.

The Seller fulfils Orders by courier delivery through the Supplier.

Shipping via the Supplier shall be carried out within 5 working days:

If the Customer chooses to pay by cash on delivery, from the time the Order is placed,

If the Customer chooses prepayment, from the moment the payment is credited to the Seller’s account.

Saturdays and public holidays are not included in the Order processing time.

PRODUCT COMPLAINT

The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, including the Civil Code (in particular the provisions of art. 556-576 of the Civil Code).

The Seller is obliged to provide the Customer with a defect-free Product. A complaint can be made by the Customer, for example:

In writing to the following address: Bielany 31A, 05-620 Błędów;

In electronic form to: hello@pola-snacks.pl.

It is recommended that the customer states in the description of the complaint:

Information and circumstances relating to the subject of the complaint, in particular the nature and date of the defect,

Request a method of bringing the Product into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement,

Contact details of the complainant – this will make it easier and quicker for the Seller to lodge the complaint.

The complaint requirements set out in paragraph 3 are in the form of a recommendation only and shall not affect the effectiveness of complaints made without the recommended description of the complaint.

The Seller shall respond to the Customer’s complaint immediately, but no later than within 14 calendar days of its submission. If the Customer, who is a consumer, has requested the replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it shall be deemed that the Seller has acknowledged the request as justified.

The Customer who exercises warranty rights is obliged to deliver the defective Product to the address: Bielany 31A, 05-620 Błędów . In the case of a Customer who is a Consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a Consumer, the cost of delivery shall be borne by the Customer.

CONSUMER’S AND TRADER’S RIGHT OF WITHDRAWAL FROM A DISTANCE CONTRACT

In accordance with the Consumer Rights Act, the Customer, who is a Consumer, may withdraw from a contract concluded remotely via the Online Shop within 14 days, without giving any reason and without incurring any costs, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller and except for the paragraph. 6.

The withdrawal period is calculated from:

In the case of a sale of goods, from the date on which the Consumer took possession of the goods or on which a third party other than the carrier and indicated by the Consumer took possession of the goods,

In the case of a contract involving the transfer of ownership of a number of items which are delivered separately, in batches or in parts, from the date on which the Consumer took possession of the last item, batch or part or on which a third party other than the carrier and indicated by the Consumer took possession of the first item.

A consumer who wishes to exercise his or her right of withdrawal should inform the seller of his or her decision by an unequivocal statement. Declarations of withdrawal from the contract should be addressed to the address: Bielany 31A, 05-620 Błędów or by e-mail to: hello@pola-snacks.pl.

When exercising the right of withdrawal, the Consumer may use the model withdrawal form attached to the Terms and Conditions as well as the statutory withdrawal form attached to the Consumer Rights Act No. 2. The template is available at: www.uokik.gov.pl/download.php?id=1216. The use of the aforementioned designs is not required to be effective.

In order to comply with the withdrawal period, it is sufficient for the consumer to send information concerning the exercise of his right of withdrawal before the expiry of the periods referred to in paragraph 2.

In the event of cancellation by the Consumer, the Seller shall be obliged to return to the Consumer all Payments received from the Consumer, including the costs of Delivery, except for the additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller. The payment shall be refunded within 14 days of receipt by the Seller of the declaration made by the Consumer of withdrawal from the contract. The Seller is obliged to refund the Payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer. If a Payment is made from a bank/SKOK account or with a payment card, the refund of the Payment shall be made to that bank/SKOK account or to the account associated with the payment card used to make the Payment.

In the event of withdrawal from the contract, the Consumer is obliged to return the Product to the Seller, no later than within 14 days from the day on which the Consumer informed the Seller of the withdrawal from the contract. The deadline shall be deemed to have been met if the Consumer sends back the Product before the expiry of the 14-day period. The cost of returning the Product shall be borne by the Customer.

In accordance with art. 38 of the Consumer Rights Act, the right of withdrawal is not available to the Consumer in respect of contracts:

for the provision of services where the trader has supplied a service in full with the express consent of the consumer who has been informed before the performance of the service by the trader that he will lose his right of withdrawal after the trader has provided the service;

in which the price or remuneration is dependent on fluctuations in the financial market outside the trader’s control, and which may occur before the end of the withdrawal period;

where the object of the performance is a non-refabricated item produced to the consumer’s specifications or intended to meet the consumer’s individual needs;

where the object of the performance is an item that is perishable or has a short shelf life;

where the object of the performance is an item delivered in a sealed package which cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery, in particular if the package contains foodstuffs;

in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery;

where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;

in which the consumer has expressly requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those requested by the consumer or goods other than replacement parts necessarily used in carrying out the repairs or maintenance, the consumer has a right of withdrawal for the additional services or goods;

in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;

for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;

concluded by public auction;

for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service;

for the supply of digital content which is not recorded on a tangible medium where performance has begun with the consumer’s express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.

The provisions concerning the Consumer in this section shall apply mutatis mutandis to the Entrepreneur-Consumer in accordance with art. 38a of the Consumer Rights Act.

The Customer who is not a Consumer or Entrepreneur-Consumer is not entitled to the right of withdrawal from a contract concluded at a distance.

OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES

Detailed information on the possibility for a Customer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available from the website of the Trading Standard Office at: www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

There is also a contact point at the President of the Trading Standard Office (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

The consumer has the following examples of out-of-court complaint and redress procedures:

a request for dispute resolution to a permanent amicable consumer court (more information at:www.spsk.wiih.org.pl);

an application for an out-of-court dispute resolution to the provincial inspector of the Commercial Inspection (for more information, visit the website of the inspector in charge of the Seller’s place of business);

assistance from the local (municipal) consumer spokesperson or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by email at porady@dlakonsumentow.pl and by calling the consumer helpline at 801 440 220 (helpline open weekdays, 8:00 – 18:00, call charge as per operator tariff).

A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at www.ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the platform itself or the Office of Competition and Consumer Protection’s website address: www.uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

TECHNICAL CONDITIONS

In order to use the electronic services provided on the Platform, a computer with Internet access (broadband is recommended) and a web browser that supports CSS and JavaScript (e.g. Microsoft Edge, Google Chrome, Mozilla FireFox, Safari, Opera. For the proper functioning of the Platform, it is furthermore recommended that pop-up windows are supported and that cookies from the Platform are enabled.

The Vendor shall have the right to temporarily suspend or restrict the availability of the Platform for the time necessary to carry out maintenance, inspection or upgrading or expansion of the Platform. The Vendor shall endeavour to ensure that any suspension of the availability of the Platform is carried out during the night hours and lasts as short a time as possible. The Vendor shall give reasonable advance notice of planned interruptions in the availability of the Platform by means of an appropriate message on the Platform.

The user can subscribe to a newsletter service. The use of the Newsletter takes place after providing an e-mail address on the website of the Online Shop, to which subsequent editions of the Newsletter are to be sent. It is also possible to subscribe to the Newsletter by ticking the relevant checkbox when creating an Account and placing an Order – the moment the Account is created and the Order is placed, the Customer becomes a subscriber to the Newsletter.

The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Vendor, in particular by e-mail to: hello@pola-snacks.pl.

PERSONAL DATA

The administrator of your personal data provided on the Platform is RAJPOL Limited Liability Company with its registered office in Bielany.

The administrator can be contacted by telephone at 510 120 995 or electronically at e-mail address: hello@pola-snacks.pl

The controller has appointed a Data Protection Officer, who can be contacted directly at e-mail address: hello@pola-snacks.pl or in writing to the controller’s registered office address.

The Administrator processes the Customer’s personal data for the purpose of:

To perform a contract for the provision of services by electronic means under the terms and conditions set out in the Terms and Conditions, including for the purpose of setting up an Account and enabling the conclusion of distance sales contracts in the Online Shop (Article 6(1)(b) of the DPA);

To comply with legal obligations incumbent on the controller, in particular with regard to accounting (Article 6(1)(c) of the RODO);

Marketing communications and to conduct marketing analyses in order to adapt the marketing content sent (Article 6(1)(a) RODO);

To establish or assert possible claims by the controller or to protect against such claims (Article 6(1)(f) RODO).

The Customer’s data is also transmitted to the extent required to the payment service provider when the Customer makes the Payment for the Order.

The Customer’s personal data may also be transferred to entities providing courier, postal, legal, tax, accounting, auditing, media archiving, IT and marketing services to the administrator.

The customer’s personal data will be processed by the administrator for the period necessary for the performance of the contract and the realisation of any contractual claims. The storage period is calculated based on the following criteria: the duration of the contract; legal provisions that may oblige the controller to process the data for a certain period; the period necessary to defend the interests of the administrator.

The user has the right of access to his/her personal data and the right to rectification, erasure and restriction of processing.

The user has the right to object to the processing of the user’s personal data on the grounds of legitimate interest of the administrator. The user shall also have the right to lodge a complaint with the data protection supervisory authority of the Member State of habitual residence, place of work or place where the alleged infringement was committed.

The provision of personal data by the User is voluntary, but necessary for the conclusion and execution of the agreement. Refusal to provide personal data results in the impossibility to conclude the agreement. The provision of personal data for marketing purposes is voluntary, but necessary to receive the Seller’s marketing content. The user has the right to withdraw any consent given, at any time.

Detailed information on our Privacy Policy can be found in the Privacy Policy section.

CONTACT INFORMATION

The Customer, in all matters related to the transactions in the Online Shop, can contact the Seller:

By email to: hello@pola-snacks.pl;

By post to the following address: Bielany 31A, 05-620 Błędów;

By telephone at: 510 120 995.

FINAL PROVISIONS

The Rules of Procedure shall be governed by the laws generally applicable in the Republic of Poland.

Contracts with the customer are concluded in Polish.

The Seller is entitled to change the Terms and Conditions for a valid reason. The Seller shall inform the Platform of the change to the Terms and Conditions by posting a relevant notice. In addition, registered Customers will be informed of the change to the Terms and Conditions electronically to the e-mail address assigned to the Account together with the amended Terms and Conditions.

The amendment to the Terms and Conditions will not affect the execution of Orders placed before the amendment.

The Terms and Conditions shall enter into force as soon as they are published on the Online Shop Platform.

Appendix No. 1

WITHDRAWAL FORM

TEMPLATE

………………………………..

Place, Date

………………………………..

Consumer data

Rajpol Sp. z o.o.

Bielany 31A, 05-620 Błędów

STATEMENT ON WITHRAWAL FROM THE AGREEMENT

I, ……………………………….. hereby give notice of withdrawal from the contract of sale of the Product: ………………………………..………………………………..………………………………..………………..………………..………………………………..………………………………..………………………………..………………………………..………………………………..………………………………..………………………..

The date of the contract conclusion/ product delivery: ………………………………..

Bank account number for refund:: ………………………………..

………………………………..

Signature

Appendix No. 2

COMPLAINT FORM

TEMPLATE

………………………………..

Place, Date

………………………………..

Consumer data

Rajpol Sp. z o.o.

Bielany 31A, 05-620 Błędów

PRODUCT COMPLAINT

I, ……………………………….., hereby give notice that the Product purchased by myself: ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… is faulty. The fault involves: ……………………………………………………………………………………

……………………………………………………………………………………………………………………….

In view of the above, I request:

– replacement of the Product with a new one*;

– repair the Product free of charge*;

– reduction in the price of the Product by the amount of ……………………………….. PLN (in words: ……………………………….. zloty), requesting that the stated amount be returned to the account*: ………………………………..

– I withdraw from the contract, requesting a refund of the Product price to the account* …………………………………

– other*: …………………… ………….. ………………………… …….. ………………………… ……..

………………………………..

Signature

* delete as appropriate