Terms and Conditions
TERMS AND CONDITIONS OF THE ONLINE STORE, FOODS BY ANN AS OF 4 January 2018
Definitions used in these Terms and Conditions mean the following:
1. Customer - a natural person, a legal person or a business entity which is not a legal person, who is granted legal capacity under the specific provisions of law, who places the Order in the Store;
2. Consumer - pursuant to Art. 22 of the Polish Civil Code, any natural person performing a legal act which is not directly related to his business or professional activity.
3. Polish Civil Code - the Act of 23 April 1964 (Journal of Laws No 16, item 93, as amended);
4. Terms and Conditions - these Terms and Conditions of providing services by electronic means as part of the online store, Foods by Ann;
5. Online Store (Store) - the website available at www.foodsbyann.com through which the Customer can in particular place the Orders;
6. Goods - goods available in the Online Store;
7. Sale agreement - the agreement on the sale of Goods within the meaning of the Polish Civil Code concluded by and between HPBA Group Sp. z o.o. with the registered office in Warsaw, address: ul. Zaciszańska 9, 03-284 Warszawa, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, 13th Commercial Division under KRS number: 0000596276, Tax Identification Number (NIP): 5242791344, Statistical Identification Number (REGON): 363500193, and the Customer, concluded by means of the Online Store;
8. Consumer Rights Act- the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827);
9. Act on Providing Services by Electronic Means - Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws, No 144, item 1204, as amended);
10. Order - the Customer’s declaration of intent that aims at concluding the Sale Agreement and defines in particular a type and number of the Goods.
II. General Provisions
2.2. These Terms and Conditions are the regulations within the meaning referred to in Art. 8 of the Act on Providing Services by Electronic Means.
2.3. The Online Store available at www.foodsbyann.com is run by HPBA Group Sp. z o.o.
2.4. These Terms and Conditions define in particular:
a) rules of registering and using an account as part of the Online Store;
b) terms and conditions of making electronic reservations for products available as part of the Online Store;
b) terms and conditions of placing the Orders as part of the Online Store;
d) terms and conditions of concluding the Sale Agreements using services provided as part of the Online Store.
2.5. Using the Online Store is possible provided that the Customer’s ICT system fulfils the following minimal technical requirements:
2.6. In order to use the Online Store, the Customer on his own shall get access to a computer or an end device with the Internet access.
2.7. In accordance with the applicable provisions of law, HPBA Group Sp. z o.o. reserves the right to restrict the provision of services by means of the Online Store to people who have attained the age of 18 years. In such an event, the potential Customers shall be notified accordingly.
2.8. The Customers may get access to these Terms and Conditions at any time by means of a link available at www.foodsbyann.com, download and print them.
3.1. Using the Online Store requires registration.
3.2. The registration involves completing and accepting a registration form available at one of the Store’s websites.
3.3. The registration is only possible by accepting the contents of the Terms and Conditions and submitting personal data marked as obligatory.
3.4. HPBA Group Sp. z o.o. may deprive the Customer of the right to use the Online Store as well as limit his access to a part of or all resources of the Online Store, with immediate effect, if the Customer breaches the Terms and Conditions and in particular if the Customer:
a) during the registration in the Online Store has submitted untrue, inaccurate or outdated data, misleading data or data infringing rights of third parties,
b) has infringed by means of the Online Store personal rights of third parties, in particular personal rights of other Online Store Customers,
c) commits any other acts that shall be deemed by HPBA Group Sp. z o.o. acts which are non-compliant with the applicable provisions of law or general rules of the Internet use or harm the reputation of HPBA Group Sp. z o.o.
3.5. The person who has been deprived of the right to use the Online Store may not register again without the prior consent of HPBA Group Sp. z o.o.
3.6. In order to ensure communication and data security in connection with the services provided as part of the Website, the Online Store implements technical and organizational measures adequate to the level of threat to security of the service provision, in particular measures aiming at preventing unauthorized persons from obtaining and modifying personal data sent via the Internet.
3.7. The Customer is obliged in particular to:
a) not provide and not transmit content prohibited by the provisions of law, e.g. content promoting violence, defamatory content or content violating personal rights and other rights of third parties,
b) use the Online Store in a manner which does not hinder its functioning, in particular by means of using specific software or devices,
c) not undertake such activities as: sending or posting as part of the Online Store unsolicited commercial information (spam),
d) use the Online Store in a manner which does not cause inconvenience to other customers and to HPBA Group Sp. z o.o.,
e) use any content posted as part of the Online Store solely for his own personal use,
f) use the Online Store in a manner compliant with the provisions of law of the Republic of Poland, the provisions of the Terms and Conditions as well as general rules of the Internet use.
IV. Procedure of the Conclusion of the Sale Agreement
4.1. Information on the Goods provided at the Online Store’s websites, in particular their descriptions, technical and performance parameters and prices, constitutes an invitation to enter into an agreement, within the meaning of Art. 71 of the Polish Civil Code.
4.2. In order to conclude the Sale Agreement by means of the Online Store, a person has to go to the website www.foodsbyann.com, select goods and conduct other technical activities on the basis of the information provided to the Customer and information available at the website.
4.3. The Customer selects the Goods by adding them to the cart.
4.4. While placing the Order - until the moment of clicking the button “Order with obligation to pay” or other button informing about the obligation to pay - the Customer may modify the provided data and the selected Goods. In order to do the above, the Customer has to follow the displayed messages and information available at the website.
4.5. When the Customer using the Online Store provides all necessary data, the summary of the placed Order will be displayed. The summary of the placed Order shall contain information concerning:
a) the subject of the Order,
b) the unit and total price of the ordered products or services, including delivery costs and additional costs (if there are any),
c) the selected payment method,
d) the selected delivery option,
e) delivery time.
4.6. The Order is sent provided that the Customer accepts the Terms and Conditions, provides personal data marked as obligatory and clicks the button “Order with obligation to pay”.
4.7. Placing the Order by the Customer constitutes a declaration of intent to conclude the Sale Agreement with HPBA Group Sp. z o.o., in accordance with the Terms and Conditions.
4.8. After placing the Order, the Customer shall receive an e-mail titled “Order Confirmation” containing the final confirmation of all essential elements of the Order.
4.9. The Agreement shall be deemed concluded upon the moment of receiving the e-mail referred to hereinabove by the Customer.
4.10. The Sale Agreement shall be concluded in Polish with the provisions in accordance with the Terms and Conditions.
4.11 The Customers may get access to these Terms and Conditions at any time by means of a link available at www.foodsbyann.com, download and print them.
4.12. Recording, protecting and providing the Order data and the General Terms and Conditions (terms and conditions of the online store) are done by electronic means.
5.1. The Goods can be delivered outside the Republic of Poland to the address provided by the Customer at the moment of placing the Order.
5.2. The Goods are delivered in the territory of the Republic of Poland according to the delivery option selected by the Customer: by UPS courier, Poczta Polska, InPost Courier or Parcel Lockers service.
5.2.1. The delivery costs in the territory of Poland provided at the moment of placing the Order are as follows:
1) UPS - from PLN 12 in the case of prepaid orders, from PLN 15 in the case of cash on delivery;
2) Poczta Polska - from PLN 12 in the case of prepaid orders, from PLN 15 in the case of cash on delivery;
3) InPost Courier - from PLN 11 in the case of prepaid orders, from PLN 15 in the case of cash on delivery;
4) Parcel Lockers - from PLN 7 in the case of prepaid orders.
5.2.2. The Goods ordered outside the territory of Poland are delivered by the UPS courier.
5.2.3. The delivery costs in the case of deliveries outside Poland are listed at https://foodsbyann.com/Wysylka-cterms-pol-14.html
5.2.4. In individual cases, the delivery cost may differ from the estimated delivery cost provided during the execution of the Order and the Customer shall be notified of such an event by electronic means or by telephone before starting the execution of the Order.
5.3. The Orders are processed within 3 working days.
5.3.1. The Order execution time is a period from the moment when the payment is credited to the moment of handing the parcel over to the courier.
5.3.2. The delivery time is a period from handing over the parcel to the courier to the first attempt to deliver the parcel at the address provided by the Customer or to the parcel locker selected by the Customer.
5.3.3. In the event that the execution of the Order is not possible within the time stipulated in Point 5.3, the Customer shall be notified of it.
5.4. In the case of prepaid orders, the Customer shall be exempt from payments referred to in Point 5.2 if the Customer’s order value without the delivery costs exceeds or is equal to the amount of PLN 100.
5.5. There is no possibility of stopping the execution of the Order or sending the subject of the Order at any other time than this stipulated in these Terms and Conditions.
5.6. In the event when it is not possible to deliver the Order with the delivery option selected by the Customer, the Customer shall be notified of it by telephone or electronic means.
VI. Prices and Payment Methods
6.1. The prices of the Goods are in Polish zloty (PLN) and include all components, inc. VAT (with a rate given), duties and any other components.
6.2. The Customer may make payments in the following ways:
a) online payment at www.foodsbyann.com,
b) cash on delivery.
VII. Right to Withdraw from the Agreement
The Customer being at the same time the Consumer is exclusively entitled to withdraw from the Agreement within 14 days. The Consumer is entitled to withdraw from this Agreement within 14 days without providing the reason. The right to withdraw from the agreement expires after 14 days as of the day when the Customer has come into the possesion of the goods or as of the day when a third party other that the carrier and indicated by the Customer has come into the possession the goods.
In order to exercise the right to withdraw from the agreement, the Customer has to notify HPBA Group Sp. z o.o., address: ul. Zaciszańska 9, 03-284 Warszawa, email@example.com, of his decision to withdraw from this agreement under an explicit statement (for example, a document sent by mail, fax or electronic means).
The Customer may also complete and send the withdrawal form, or any other explicit statement, by electronic means, available at www.foodsbyann.com. If the Customer uses that option, we will immediately send him the confirmation of receiving information on the withdrawal from the agreement on a durable medium (for example by electronic means).
In order to meet the withdrawal deadline, the Customer has to send information concerning exercising the right to withdraw from the agreement that he holds before the deadline for withdrawing from the agreement.
Effects of Withdrawal from the Agreement
In the event of the withdrawal from the agreement, we will reimburse all payments received from the Customer immediately and at each time no later than within 14 days as of the day when we have been notified of the Customer’s decision to exercise the right to withdraw from this agreement. The amount of payments shall be reimbursed by the same means as the Customer has used in the original transaction unless the Customer has explicitly agreed to other solution; in each case, the Customer shall not incur any fees regarding this reimbursement.
We may withhold the reimbursement until we receive the goods or until we receive the confirmation of sending them to us, whichever occurs first. The Customer has to send or provide us with goods immediately and at each time no later than within 14 days as of the day when the Customer has notified us of the withdrawal from this agreement. The deadline shall be deemed observed if the Customer sends the goods within 14 days. The Customer has to bear the cost of returning the goods. The Customer is liable for any diminished value of the goods where that results from handling of the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the goods.
VIII. Complaints about the Goods
8.1. HPBA Group Sp. z o.o. as a seller is liable towards the Customer being the Consumer within the meaning of Art. 22 of the Polish Civil Code for defects of the sold thing to the extent specified in the Polish Civil Code, in particular in Art. 556 and Art. 556 - 556 et seq. of the Polish Civil Code.
8.2. Complaints arising from the infringement of statutory rights or on the basis of these Terms and Conditions shall be sent to the e-mail address: firstname.lastname@example.org. HPBA Group Sp. z o.o. undertakes to process each complaint within 14 days. Failure to process a complaint within the term stipulated hereinabove shall mean that it is considered as justified.
8.3. HPBA Group Sp. z o.o. is not the producer of all goods. A producer is liable for the warranty of the sold Goods under terms and period specified in a warranty card. If the warranty card provides such a possibility, the Customer may make claims as part of the warranty directly in the authorized service centre which address is provided in the warranty card.
IX. Complaints about Providing Services by Electronic Means
9.1. HPBA Group Sp. z o.o. conducts activities in order to ensure the proper functioning of the Store to such an extent as it results from the current technical knowledge and undertakes to remove within a reasonable time period any irregularities reported by the Customers.
9.2. The Customer is obliged to immediately notify HPBA Group Sp. z o.o. of any irregularities in or interruptions to the functioning of the Online Store.
9.3. The Customer may send a written notification of irregularities connected with the functioning of the Store to the following address: HPBA Group Sp. z o.o., ul. Zaciszańska 9, 03-284 Warszawa, by electronic means to email@example.com or using the contact form.
9.4. In the complaint, the Customer shall provide his name and surname, correspondence address, type and date of the occurance of the irregularity connected with the functioning of the Store.
9.5. HPBA Group Sp. z o.o. undertakes to process each complaint within 14 days. Failure to process a complaint within the term stipulated hereinabove shall mean that it is considered as justified.
X. Settlement of Disputes and Final Provisions
10.1. The Customer who is the Consumer may, if interested, use out-of-court methods of processing complaints and pursuing claims. Disputes concerning online shopping may be settled by mediation before the Voivodship Inspectorate of Trade Inspection or by proceedings before the court of arbitration at the Voivodship Inspectorate of Trade Inspection. The Consumer may also use other methods of out-of-court settlement of disputes and e.g. make a complaint by means of the European Union ODR online platform available at: http://ec.europa.eu/consumers/odr/
10.2. In the event that the Consumer is not interested in the possibility of using out-of-court methods of settlement of disputes, disputes arising between HPBA Group Sp. z o.o. and the Consumer shall be settled by a competent court in accordance with the relevant provisions of the Polish Code of Civil Procedure.
10.3. Any disputes between HPBA Group Sp. z o.o. and the Customer who is also the Consumer shall be settled by a court having jurisdiction over the registered office of HPBA Group Sp. z o.o.
10.4. In all matters not covered by these Terms and Conditions, relevant provisions of the Polish Civil Code, of the Act on Providing Services by Electronic Means and other relevant provisions of Polish law shall apply.