Regulations of the online store

I. General provisions

1. The online store is available at www.sklep.hodowca.agro.pl and is run by Hodowca sp. z o.o. with its registered seat in Straszyn, at the address ul. Starogardzka 70, 83-010 Straszyn, Poland, registered in the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register (KRS) under KRS number: 0000108924, with NIP (Tax identification number): 5932310747 and REGON (Business ID): 192637257

2. These Regulations are intended for both consumers and entrepreneurs using the online store.

3. The Regulations are continuously available on the website www.sklep.hodowca.agro.pl, in a way that allows its obtaining, playing and saving its content by printing or saving on an electronic carrier at any time.

4. Definitions:

1. Customer – a natural person with full legal capacity and, in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; a legal person as well as an organizational unit without legal personality, to which the law grants legal capacity – that have concluded or intend to conclude a sales contract with the seller

2. Consumer – a Customer who is a consumer within the meaning of art. 22¹ of the Civil Code with the exceptions indicated in art. 556⁴ of the Civil Code and the exclusions referred to in Art. 556⁵ of the Civil Code

3. Entrepreneur – a Customer who is an entrepreneur within the meaning of art. 43 ¹of the Civil Code

4. Seller – Hodowca sp. z o.o. with its registered seat in Straszyn, at ul. Starogardzka 70, 83-010 Straszyn, Poland, registered in the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register (KRS) under the KRS number: 0000108924, with NIP (Tax identification number): 5932310747 and REGON (Business ID): 192637257

5. Civil Code – the Act of 23 April 1964 – the Civil Code, as amended

6. Business day – one business day from Monday to Friday, excluding public holidays

7. Online store – the Seller's store available at: www.sklep.hodowca.agro.pl

8. Registration form – a form available in the online store that allows you to create an account

9. Methods of placing an order – via the order form available on the website www.sklep.hodowca.agro.pl, sending an email to the following address: dWelz@qv.pl, as well as for regular customers by phone through direct contact with the store's consultant

10. Order form – an electronic service, the interactive form available in the online store that allows you to place an order, in particular, by adding products to the virtual basket and defining the terms of sale, including the method and date of payment for the order

11. Account – an electronic service individually marked with a name – login and secured with a password generated by the Customer, as well as a collection of resources in the Seller's ICT system, in which the data provided by the Customer and the history of orders placed by the Customer are collected

12. Goods – a product presented in the online store with its description

13. Regulations – the document in question

14. Order – Customer's declaration of will submitted using the methods of placing an order provided by the Seller, aimed directly at concluding a contract for the sale of goods with the Seller

15. Sales contract – a contract for the sale of goods being concluded or having been concluded between the customer and the seller via the online store

16. Electronic service – a service provided electronically by the Seller to the Buyer via the online store

17. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights, as amended

18. Act on the Provision of Electronic Services – the Act of 18 July 2002 on the Provision of Electronic Services

II. Services

1. The following electronic services are available in the online store: account, order form and newsletter.

2. Using the account is possible by performing a total of three actions

• filling in the registration form

• clicking the ‘Create an account’ button

3. The account maintenance service is provided free of charge for an indefinite period of time. The customer may, at any time and without giving any reason, request to delete the account by sending a request by e-mail to the following address: dwelz@qv.pl

4. The electronic service ‘order form’ is provided free of charge and is of a one-off nature and ends once the order is placed.

5. The Customer can place an order without the need to create an account, and the e-mail address provided in the order will be assigned directly to the placed order.

6. Regardless of the choice of the ordering method, when placing an order, the Customer is obliged to provide the following data:

• first name and surname

• address

• e-mail address

• mobile phone number, used only for the purpose of executing the order

• indication of ordered goods and their quantity

• place and method of delivery of the order

• payment method

7. In the case of the Customer who is not a consumer, it is necessary to provide the company name and its tax identification number, otherwise it will not be possible to issue a VAT invoice.

8. Newsletter – the electronic service in the form of sending a newsletter is provided free of charge for an indefinite period.

9. The technical requirements necessary to work with the system used by the Seller are:

• a computer, laptop or other multimedia device with Internet access

• access to e-mail

• internet browser

• enabling the option of saving and handling cookies in the internet browser

10. The customer is obliged to use the online store in a manner consistent with the law and morality, respecting personal rights, copyrights and intellectual property rights of the Seller and third parties.

III. Procedure for concluding a sales contract

1. Concluding a sales contract between the Customer and the Seller takes place after the Customer has placed the order in accordance with the order placing method offered by the Seller.

2. Concluding the sales contract is possible through the order form available on the website www.sklep.hodowca.agro.pl, sending an email to the following address: dWelz@qv.pl, as well as, for regular customers, by phone through direct contact with the store's consultant

3. All prices in the online store are given in Polish zloty and include tax.

4. Of the total price with taxes of the goods being the subject of the order, the costs of packaging and transport and other possible costs, and if they cannot be determined when placing the order, of the obligation to pay them, the Customer is informed when placing the order, and also when expressing the will by the Customer to be bound by a contract of sale.

5. After placing the order, the Seller immediately confirms its receipt by e-mail to the address provided by the Customer when placing the order and at the same time submits the order for its execution.

6. Upon receipt of the above information by the Customer, a sales contract is concluded between the Customer and the Seller.

7. Sending the confirmation of payment to the Seller by e-mail does not guarantee speeding up the execution of the order.

8. It is not possible to combine orders or accounts for which a different e-mail address has been provided.

9. Any change of the delivery address is possible only before the shipment of the goods to the Customer. In order to change the address, please send an e-mail to the following e-mail address: dwelz@qv.pl with the appropriate information or by contacting the store’s consultant by phone.

IV. Methods and terms of payment for the goods

1. The Seller provides the Customer with the following methods of payment under the sales contract:

• cash on delivery

• prepayment to the bank account, the number of which is given to the customer in the order confirmation

• in the case of orders placed by schools and budgetary institutions, as well as other entrepreneurs, a deferred payment is also possible by 7 to 14 days counted from the date of issuing the invoice. The use of this form of payment requires prior approval by the store’s consultant, sending the order by e-mail to the address dwelz@qv.pl, as well as other documents that may be requested by the consultant

2. Terms of payment and order execution:

• if the Customer chooses to pay in advance to the bank account, he or she is obliged to make the payment within 7 calendar days from the date of concluding the sale agreement

• in the case of payment by bank transfer, the order processing time starts from the moment the payment is credited to the seller's account

• in the case of online payments, the order processing time starts from the moment of obtaining a positive transaction authorization

• in the case of cash on delivery, the Customer is obliged to make the payment upon delivery

3. If there is a need to return funds for a transaction made by bank transfer or online payment, the Seller will return the funds within 7 days in accordance with the selected payment method; if it is not possible to return the funds in the manner indicated above, the Seller will send a request to provide a bank account number to the e-mail address provided by the Customer in order to make the refund

V. Cost, methods and date of delivery

1. Delivery of products is available in the territory of the Republic of Poland and European Union countries.

2. The delivery of products is against payment, unless the sales contract provides otherwise.

3. The methods of delivery of goods and the cost of delivery of a product are indicated on the store's website in the tab payment and delivery -> delivery time and costs.

4. Customers are informed about each change of the order status by e-mail to the e-mail address provided during the ordering or registration process. A registered Customer has an additional option to monitor the order status after logging in to the Account.

5. Completing an order lasts on average one business day, unless a longer period is specified in the description of a given product or when placing the order.

6. In the case of goods with different delivery times, the delivery date is the longest period stated.

7. In the event of unavailability of goods in the warehouse and at the Seller's suppliers, the Customer is informed by e-mail or by phone of the expected date of the order execution. In such a situation, the Customer has the option to cancel the order.

8. If the order includes a greater number of goods, some of which are temporarily unavailable, the Customer is informed of the expected delivery date, the availability of individual items and is asked to decide on the method of order execution, i.e. partial execution, extension of the order execution time or cancellation of the entire order. In the case of the partial execution, the store covers the costs of subsequent shipments.

9. The delivery period, depending on the form, is 1-2 business days.

10. Sending shipments on Saturdays is only possible by prior arrangement.

11. In each case, the Seller offers its advice in the scope of most efficient and least onerous choice of the delivery method.

12. The customer is obliged to collect the shipment.

13. In the case the shipment is returned to the Seller, after an unsuccessful attempt to deliver it to the address indicated by the Customer, the order re-sending is possible only after paying a fee by bank transfer for re-sending the returned order (prepayment to the store's account)

14. The shipped goods remain the property of the shop until the full payment is made.

VI. Complaints

1. The basis and scope of the Seller's liability towards the Customer, if the sold goods have a physical or legal defect (warranty), are defined by generally applicable legal provisions, in particular by the Civil Code.

2. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for a product towards the Customer who is not a consumer is excluded.

3. The Seller is obliged to provide the Customer with a product without defects.

4. If the Customer discovers damage to the parcel during transport on delivery, he or she is obliged to report the fact directly to the courier who delivers it, and to draw up an appropriate damage protocol (courier parcels are insured), as well as to report the fact to the Seller.

5. The complaint should be submitted by the Customer in writing together with the attached proof of purchase to the following address: Hodowca sp. z o.o. ul. Starogardzka 70, 83-010 Straszyn, Poland
   

6. The complaint should include:

• order number

• information and circumstances regarding the subject of the complaint

• request concerning the way of bringing the product into compliance with the sales contract or a declaration of price reduction or withdrawal from the sales contract

• contact details

• bank account number

7. The Customer who uses the rights under the warranty is obliged to deliver the defective product at the expense of the Seller to the following address: Hodowca sp. z o.o. ul. Starogardzka 70, 83-010 Straszyn, Poland.
   

8. If, due to the type of goods or the method of their installation, the delivery of the goods by the Customer is excessively difficult or impossible, the Customer is obliged to make the product available to the Seller at the place where the goods are located.

9. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission.

VII. Out-of-court methods of dealing with complaints and pursuing claims and the rules of access to the procedures

1. The Customer who is a consumer has, inter alia, the following options for using out-of-court complaint and claim assertion procedures:

• he or she is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales contract;

• he or she is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;

• he or she may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include Consumer protection (including the Consumer Federation, the Polish Consumers Association). Advice is provided by the Consumer Federation (Federacja Konsumentów) free-of-charge via its consumer helpline number 800 007 707 and by the Polish Consumers Association (Stowarzyszenie Konsumentów Polskich) at the email address: porady@dlakonsumentow.pl;

VIII. Right of withdrawal

1. A Consumer who has concluded a distance contract may, within 14 calendar days of receiving the shipment, withdraw from the contract without giving any reason.

2. The possibility of withdrawing from the contract does not include goods with a short shelf life, other products directly indicated by the Seller, as well as those that are delivered in a sealed package, which cannot be returned after opening due to health protection or for hygiene reasons, if the packaging has been opened after the delivery.

3. The right of withdrawal is available only to Customers who are natural persons (consumer).

4. The right of withdrawal is not available to legal entities and persons running a business if the product was purchased for the needs of the company (legal person, business activity).

5. In order to withdraw from the contract, the Consumer should submit a statement of withdrawal in the form of a scan of the signed statement via e-mail to the following address: dwelz@qv.pl

6. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he or she withdrew from the contract, return the goods to the Seller together with the receipt or other proof of purchase and a guarantee document, if it has been issued.

7. The returned goods are sent by the Consumer at his or her own expense.

8. The Seller, no later than within 14 days of receiving the declaration of withdrawal from the contract, will return to the Consumer all payments made by him or her, including the delivery costs.

9. The Seller may withhold the reimbursement of payments received from the Consumer until the goods are returned.

10. If the Consumer exceeds the deadlines indicated above or the return is not justified, the Seller will send the parcel back to the address indicated in the order.

IX. Provisions for entrepreneurs only

1. The provisions contained in this item apply only to Customers who are not consumers.

2. In the case of Customers who are not consumers, the Seller has the right to withdraw from the sales contract within 14 calendar days from the date of its conclusion.

3. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for a product towards the Customer who is not a consumer is excluded.

4. Upon the release of the goods by the Seller to the carrier, the burdens and benefits associated with the product and the risk of accidental loss or damage to the product are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the product occurring in the period from its acceptance for transport until its delivery to the Customer and for a delay in transporting the shipment.

5. If a product is shipped to the Customer who is not a consumer through a carrier, the carrier is obliged to inspect the shipment at the time and in the manner accepted for such shipments. If the Customer discovers that a loss or damage to the goods has occurred, he or she is obliged to take all steps necessary to determine the liability of the carrier.

6. Towards the Customer who is not a consumer, in the event of damage resulting from unintentional fault, the Seller is liable only up to the amount of the order.

7. Any disputes arising between the Seller and the Customer who is not a consumer will be considered by the court competent for the registered seat of the Seller.

X. Disclaimers

1. The Seller is not responsible for orders placed by third parties using the e-mail address and password of the account, unless the account user has previously informed the Seller about the possibility of using the password by an unauthorized person.

2. The Seller is not responsible for non-performance or improper performance of the Customer's order resulting from circumstances for which the Seller is not responsible.

3. The Seller is not responsible for any difficulties or technical problems when connecting to the store, if they are a consequence of circumstances for which the Seller is not responsible.

XI. Personal data and privacy policy

1. The controller of personal data processed in connection with the implementation of the provisions of the regulations is the Seller.

2. Personal data are processed for the purposes, in the scope and based on the principles set out in the Privacy Policy published on the store's website in the tab: Privacy Policy.

3. Providing personal data is voluntary. Each person whose data is processed by the Seller has the right to update and correct them.

XII. Final provisions

1. Contracts concluded through the online store are concluded in Polish.

2. The Seller reserves the right to amend the regulations for important reasons, i.e. changes in the law, changes in the method of payment and delivery.

3. Each customer will be informed about any changes to these Regulations through the information on the main page of the Online Store containing a list of changes and the date of their entry into force. Customers who have the Account will be additionally informed about the changes, along with their summary, to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has the Customer Account does not accept the new content of the Regulations, he or she is obliged to notify the Seller about the fact within 14 days from the date of notification of the change in the Regulations. Notifying the Seller of the non-acceptance of the new content of the Regulations results in the termination of the Contract.

4. In matters not covered by the Regulations, generally applicable provisions of the Polish law shall apply, in particular the Civil Code, the Act on the Provision of Electronic Services, the Act on Consumer Rights.