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ONLINE STORE TERMS AND CONDITIONS

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

 

        1. These Terms and Conditions define the terms and conditions of the provision of electronic services, including the use of the Store, as well as the rights, obligations and liability of the Seller and the Customer. The Terms and Conditions also include the information that the Seller is obliged to provide to the Consumer in accordance with applicable laws, including the Act of 30 May 2014 on consumer rights (Journal of Laws of 2017, item 683, as amended). 
        2. Every Customer should read the Terms and Conditions. 
        3. The Terms and Conditions are available on the Store website and they are also available free of charge prior to the conclusion of the agreement. Upon Customer request, the Terms and Conditions are also made available in such a way which makes it possible to obtain, reproduce and fix their contents by means of the ITC system used by the Customer (e.g. by e-mail).  
        4. Key definitions:
            1. Terms and Conditions; Online Store Terms and Conditions;

Seller or Service Provider: Monika Hrab, conducting business activity under the name FRIENDLY FOOD Monika Hrab, ul. Śmigielska 13A, 60-102 Poznan, NIP [Tax Identification Number]: 6971100859, Regon [Business Register Number]: 301928344;

            1. Customer or Recipient: a natural person who is 18 years old and has full legal capacity, a legal entity and an organizational unit without legal personality, but which can acquire rights and contract obligations in their own name, who/which shall establish a legal relationship with the Seller in the scope of the Store operation. The Customer shall also mean the Consumer if there are no separate provisions in relation to the Consumer regarding a specific issue;
            2. Consumer: A Customer who is a natural person making a legal transaction (purchase) with the Seller which is not related directly to their business or professional activity;
            3. Electronic Service – a service within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2017, item 1219, consolidated text, as amended), provided electronically by the Service Provider to the Customer through the Website;
            4. Store, Online Store or Website: Electronic service, Online Store, run by the Seller at www.friendlyfoodshop.com.  
            5. Account - Electronic Service, marked with a specific unique name (login) and password provided by the Customer, a collection of resources in the ITC system of the Service Provider, which collects the data provided by the Customer and information about the activities within the Store;
            6. Goods or Product - goods sold in the Store, as included in the Seller's offer;
            7. Agreement - a distance agreement concerning the purchase of the Goods concluded as a result of the Customer placing an Order in the Store and Order acceptance by the Seller;
            8. Form - a script that is an electronic means of communication, enabling Order placement in the Store;
            9. Order - an order of purchase of the Goods as made by the Customer through the means of technical communication;
            10. Newsletter - an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Customers who use it to receive automatically from the Service Provider periodically sent newsletters containing information about the Website, including news or promotions in the Store.

 

CHAPTER 2. BASIC AND TECHNICAL INFORMATION

 

  1. Contact details of the Seller to be used by the Customer for contact purposes - address: Friendly Food ul. Śmigielska 13A, 60-102 Poznań, e-mail address: shop@friendlyfoodshop.com.
  2. The Seller offers the following types of electronic services:

1)online store operated via a website under which the Customer concludes a distance sale agreement; the parties are informed about the sale by electronic mail generated automatically, and the performance of the agreement (in particular delivery of the Goods) takes place outside the Internet;

2)newsletter consisting in sending by the Seller to the e-mail address of the Customer electronic messages containing information about the Website, including news or promotions in the Store;

3)reviewing (commenting) consisting in allowing by the Seller to post by the Customers on the Store website individual and subjective statements of the Customer, including service provision or the Goods.

  1. The Seller provides electronic services in accordance with the Terms and Conditions.
  2. The technical condition and prerequisite for the use of the Store is having by the Customer a computer or other devices that make it possible to browse the Internet, the appropriate software (including an Internet browser), Internet access as well as valid and active e-mail account. 
  3. It is forbidden to provide unlawful content by the Customer. 
  4. The use of the Store may involve risks and threats typical for Internet use such as spam, viruses, hacker attacks. The Seller takes action to counteract these risks and threats. The Seller informs that the public nature of the Internet and the use of electronic services may entail the risk of unauthorized access or modification of Customer data, therefore the Customers should use appropriate technical measures to minimize the risks and threats referred to above, including antivirus and identity protection software securing those using the Internet.
  5. Conclusion of the electronic service agreement is made via the Store through the Internet. The Customer may at any time terminate the use of the services by e-mail by leaving the Store or by deleting the Customer account. In this case, the electronic service agreement shall be terminated automatically without the need for additional statements by the parties. 
  6. It is not possible to use the Store anonymously or use a nickname. 

 

CHAPTER 3.  PERSONAL DATA

 

  1. Personal data provided by the Customers shall be processed by the Seller in accordance with binding applicable laws, in particular:

1)the Seller shall exercise due diligence and take due care to protect the interests of the individuals the data pertains to, including but not limited to ensure that the data is:

          1. processed in accordance with the law,
          2. collected for specified, legitimate purposes and not further processed contrary to these purposes;
          3. substantially correct, adequate and relevant for the purposes for which it is processed,
          4. stored in a form that allows for the identification of the persons concerned, no longer than for the period in which it is necessary to achieve the purpose of processing.

2)The Seller shall use appropriate technical and organizational measures ensuring protection of the personal data being processed relevant for the threats and risks as well as the category of data subject to protection.

  1. The basis for the processing of personal data is consent of the Customers themselves or a statutory authorization to process personal data pursuant to the Act of 29 August 1997 on the personal data protection (Journal of Laws of 2016, item 922, as amended) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2017, item 1219, consolidated text, as amended). 
  2. The Customers have a right to control the data processing, including their supplementing, updating, adjustment, deletion on the basis of the above regulations.
  3. The Seller assures that the personal data of the Customers shall not be shared with any unauthorized entities. Personal data of the Customers may be transferred to the entities entitled to receive the same under applicable laws, including to competent authorities.
  4. Personal data of the Customers may be entrusted to third parties for the purpose of performance of the agreement concluded with the Customer. 

 

CHAPTER 4. ADDITIONAL INFORMATION

 

§ 1 Account.

 

  1. Account registration on the Store website is free and requires the following actions: The buyer should complete a registration form by giving specific details and submitting statements on the acceptance of the Terms and Conditions, processing of personal data, provision of business information. A link to verify the account shall be sent to the Customer's e-mail address provided in the account registration process. Logging in to the account consists in entering the Customer's e-mail address and password, as set by the Customer. The password is confidential and should not be shared with or made available to anyone. 
  2. The account allows the Customer to enter or modify data, place or check the Orders, and view the Order history.
  3. The Account electronic service is provided free of charge for an indefinite period of time. 
  4. The Customer may at any time resign from the account in the Store by sending an appropriate request to the Seller by e-mail to: shop@friendlyfoodshop.com or in writing to the Seller’s mailing address: Friendly Food, ul. Śmigielska 13A, 60-102 Poznań.

 

§ 2. Newsletter

 

1.The Newsletter service is designed to provide the Customer with the information they require.

2.Using the Newsletter does not require account registration by the Customer but it is necessary to specify the e-mail address and submit a statement on the acceptance of the Terms and Conditions, processing of personal data, provision of business information.

3.A link shall be sent to the Customer's e-mail address confirming Newsletter subscription.

4.The Newsletter service is provided free of charge for an indefinite period of time.

5.The Customer may at any time resign from the Newsletter by sending an appropriate request to the Seller by e-mail to: shop@friendlyfoodshop.com or in writing to the Seller’s mailing address: Friendly Food, ul. Śmigielska 13A, 60-102 Poznań.

 

§ 3. Reviews

 

1)The Seller makes it possible for the Customers to post on the Store website individual and subjective statements (reviews, comments) of the Customer, in particular those related to the Goods.

2.The service is provided free of charge for an indefinite period of time.

3.It is possible to use the service anonymously.

4.The Seller may use reviews for content purposes as posted on the Website. 

 

CHAPTER 5. SALE

 

§ 1. Goods

 

  1. All Products offered in the Store are new and free of any defects.
  2. Detailed description of the Goods can be found on the Store website.
  3. No warranty or aftersale services are provided for the Goods. 
  4. Product packaging depicted on photos and information on products such as description, composition, nutritional value and weight presented on friendlyfoodshop.com come directly from manufacturers. The shop makes every effort to ensure that the information is correct and up-to-date, but we are not responsible for any mistakes or omissions. On occasion and without prior notice manufacturers may alter or change the packaging and information of products. We recommend that you always read labels, warnings, and directions on packaging using or consuming a product.
  5. This website contains information, images, photographs, logos, trademarks, products, advertising, etc. which are and will remain the exclusive property of Friendly Food Shop and Friendly Food. Such material is protected against unauthorized use by copyrights. You may not reproduce, wholly or in part (except for private, personal and not commercial use), distribute, publish, transmit, modify or sell any of such information, images, photographs, trademarks, products and in general elements and material contained on this website.

 

§ 2. Orders and Order processing

 

  1. An Order can be placed by completing a Form available in the Store. 
  2. Orders may be submitted upon pre-registering an account on the Store website or without registering an account on the Store website (guest checkout). 
  3. The Customer is obliged to fill in the Form carefully, providing all the data according to the actual situation and determining the method of payment and delivery. 
  4. The Customer provides the data in the Form and submits statements on the acceptance of the Terms and Conditions, processing of personal data, provision of business information.
  5. Orders can be placed in the Store 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or bank holidays are handled the next business day. 
  6. The Customer confirms the Order by selecting the “I order and pay” button (field). The Seller shall send to the Customer Order confirmation to the e-mail address specified by the Customer.
  7. Order lead time (i.e. by the day of Goods shipment) is 4 business days. 

 

§ 3. Payments

 

  1. All prices of the Goods in the Store are gross and expressed in EURO (prices include VAT). The price of the Goods does not include the costs referred to in item 2 below. The price of the Goods specified at the time the Customer submits an Order is binding on both parties.   
  2. Any costs related to the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer's selection of the method of Goods delivery.   Information on the amount of these costs is provided at the stage of submitting an Order. 
  3. The Customer can select one of the following payment options:
  • the PayPal payment system - payment prior to the Goods shipment (prepayment). After submitting the Order, the Customer should advance the payment via PayPal. The Order is processed upon posting the payment made by the Customer in the PayPal payment system

  • The Store issues a proof of purchase for each Product sold and submits it to the Customer.

 

§ 4. Delivery


  1. The Product is sent to the address specified by the Customer in the Form, unless the Parties agree otherwise.
  2. The Product is delivered either by courier service.
  3. The Customer may collect the Goods in person at: Friendly Food, ul. Śmigielska 13A, 60-102 Poznań.
  4. The Seller informs that:

1) at the moment of issue of the Goods to the Customer or the carrier, any and all benefits and burdens related to the Goods are transferred to the Customer together with the risk of accidental loss or damage to the Goods. In case of sale to the Consumer, the risk of accidental loss or damage to the Goods shall pass to the Consumer at the moment of the Goods issue to the Consumer. The issue of the Goods shall be deemed entrusting of the Goods by the Seller to the carrier if the Seller did not have any influence on the choice of the carrier by the Consumer,

2)acceptance of the consignment with the Goods by the Customer without reservation shall result in the expiry of any and all claims for loss or damage in carriage, unless:

a)the damage was stated by means of a report prior to the acceptance of the consignment;

b)such a statement was abandoned due to the reasons attributable to the carrier;

c)loss or damage was caused by wilful misconduct or gross negligence of the carrier;

d)the damage that was not visible from the outside was noticed by the claimant after the receipt and acceptance of the consignment, and within 7 days they requested the determination of the consignment condition and proved that the damage had occurred at the time between the acceptance of the consignment for carriage and the issue thereof.

 

§ 5. Additional information for the Consumer

 

        1. The Agreement is not concluded for an indefinite period and its term shall not be automatically extended.
        2. The minimum duration of the Consumer's obligations under the Agreement is the time of Agreement performance, i.e. the time of payment and receipt of the Goods. 
        3. Use of the Store services by the Consumer does not involve the obligation to make a deposit or provide any other financial guarantees. 
        4. The Seller has no obligation and does not apply the code of good practice referred to in article 2 item 5 of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws of 2016, item 3, as amended).

 

CHAPTER 6. LIABILITY 

 

  1. Warranty liability is excluded in legal relationships with Customers. 
  2. The Seller shall be liable towards the Consumer if the Goods have a physical or legal defect (warranty) on the basis of the provisions of the Civil Code (Journal of Laws of 2017, item 459, consolidated text, as amended), on the following principles:

1)a physical defect consists in the non-compliance of the Goods with the agreement. In particular, the Goods are non-compliant with the agreement if:

a) the Goods do not have the properties which this kind of things should feature either due to the purpose specified in the agreement or resulting from the circumstances or intended use;

b) the Goods do not have the properties the existence of which the Seller ensured the Consumer of;

c) the Goods are not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the agreement and the Seller did not make any reservation to such an intended purpose or use;

d) the Goods were issued to the Consumer in an incomplete state.

2)  the Goods have a legal defect if the Goods are owned by a third party or if they are encumbered with a third party right, or if the restriction on the use or disposal of the Goods results from the opinion or decision of a competent authority; in case of sale of the right, the Seller is also responsible for the existence of the right;

3) the Seller bears warranty liability for any physical defects that existed at the time of transfer of risk and danger to the Consumer or resulted from the cause inherent in the Goods at the same time;

4)  the Seller is released from the warranty liability, if the Consumer knew of the defect at the time of agreement conclusion;

5)if a physical defect is discovered within one year of the date of issue of the Goods, it is presumed that the defect or cause thereof existed at the time of transfer of risk and danger to the Consumer;

6) the Seller is liable under the warranty if a physical defect is discovered within two years of the Goods issue to the Consumer, and if the Goods purchased by the Consumer are used, second-hand tangible movable property, the Seller shall be liable under the warranty for defects if the defect is discovered within one year of the date of issue of the Goods;

7) The Consumer's rights under the warranty shall comprise:

a) requesting price reduction with regard to the Goods or withdrawal from the agreement unless the Seller promptly and without undue inconvenience to the Consumer replaces the faulty item with an item free of any defects or removes the defect;

b) instead of removal of the defect as proposed by the Seller, the Consumer may demand replacement of the Goods with defect-free ones or instead of replacement the Consumer may demand defect removal, unless it is impossible to bring and cause the item to conform with the agreement in a manner selected by the Customer or it would require excessive costs in comparison to the method suggested by the Seller. When assessing the excessive costs, the value of the defect-free item, the nature and significance of the defect are taken into account, as well as inconvenience that the Consumer would be exposed to if another method of satisfaction is used.

8)a Consumer who exercises warranty rights is obliged at the expense of the Seller to provide defective items to the place designated in the agreement, and when such a place is not specified in the agreement, to the place where the item was issued to them.

 

CHAPTER 7. COMPLAINT HANDLING PROCEDURE

 

  1. Complaints should be addressed to the Seller in writing at: Friendly Food, ul. Śmigielska 13A, 60-102 Poznań. A complaint notice can also be sent to the Seller by e-mail to: shop@griendlyfoodshop.com 
  2. If it is found that the consignment with the Goods has been tampered with, suffered a loss or damage, the Customer should immediately (not later than within 7 days of the day of consignment collection) file a complaint with the Seller. Such an action shall make it possible to pursue claim for damages from the carrier. 
  3. The complaint should include a detailed description of the problem and the Customer’s claim, possibly also photographic documentation. 
  4. The Seller is obliged to handle the complaint within 30 days. If the Seller fails to respond to the Consumer’s complaint within 14 days, it shall be understood that the Seller deems the complaint justified.
  5. If a complaint is admitted and recognized, the Seller shall take appropriate action. 
  6. There is a possibility to use non-judicial means of dealing with complaints and pursuing claims in legal relationships with  Consumers, including:

1) possibility of electronic dispute resolution via the online dispute resolution (ODR) platform available at http://ec.europa.eu/consumers/odr/;

2) possibility of conducting amicable proceedings before a common court or arbitration court;

3) possibility of mediation proceedings involving an independent mediator. 

 

CHAPTER 8. WITHDRAWAL FROM THE AGREEMENT

 

  1. The Seller or the Customer may withdraw from the Agreement in accordance with the provisions of the Civil Code (Journal of Laws of 201, item 459, consolidated text, as amended).
  2. The Consumer has the right to withdraw from the Agreement within 14 days of receiving the Goods. 
  3. Information on the withdrawal from the Agreement by the Consumer is included in the instruction on the right of withdrawal available on the Store website. 
  4. The Consumer’s right of withdrawal does not apply to certain agreements, including:
    1. agreement on the provision of services if the Seller performed the full service with the express consent of the Consumer who had been informed prior to the commencement of the service provision that, upon completion of the service by the Seller, they would lose the right to withdraw from the Agreement;
    2. where the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control and which may occur prior to the expiry of the time limit for withdrawal;
    3. where the Goods are not prefabricated, manufactured according to the Consumer’s specifications or customized and created to fulfil their individual needs;
    4. the subject of which are perishable Goods or the Goods with a short shelf life;
    5. where the Goods are delivered in a sealed packaging which cannot be returned for health or hygiene reasons after opening of the packaging, if the packaging was opened after delivery;
    6. where the Goods are alcoholic beverages whose price was agreed at the conclusion of the Agreement and which can be delivered only after the lapse of 30 days and whose value depends on the fluctuations in the market over which the Seller has no control.

5.Immediately but not later than within 14 days of the  receipt of the Consumer’s statement of withdrawal from the Agreement, the Seller shall make a refund to the Consumer of all payments advanced by the Consumer, including the costs of delivery of the Goods. The Seller shall make a refund using the same method of payment as the Consumer used, unless the Consumer expressly agrees to another reimbursement option which does not involve any costs for the Consumer. 

6.If the Consumer chooses to deliver the item in away other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for additional costs.

7.The Consumer is obliged to return the Goods together with all equipment items including packaging, if it constitutes an essential part of the Goods. The Seller may refrain from making a refund until the time the Goods are received or until the Seller provides a proof of sending them back, whichever occurs first.

8.The Consumer shall bear only the direct costs of returning of the Goods unless the Seller agrees to bear them or fails to inform the Consumer of the necessity to bear the same.

9.The Consumer is responsible for reducing the value of the Goods resulting from the use of such Goods in a manner beyond the one necessary to determine the nature, characteristics and operation of the Goods. 

10.In the event of effective withdrawal from the Agreement, the Agreement is deemed not to be concluded. 

 

CHAPTER 9. INTELLECTUAL PROPERTY

 

1. The rights to the Website and to the content contained therein belong to the Seller. 

2. The Internet address of the Store website as well as the content of the www.friendlyfoodshop.com  website are subject to copyright and they are protected by copyright and intellectual property law. 

3. Any and all logos, proper names, graphic designs, videos, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are proprietary marks and belong to the Seller, the manufacturer or distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting, sending or distributing any content from the www.friendlyfoodshop.com  website without the consent of the owner is prohibited. 

 

CHAPTER 10. FINAL PROVISIONS

 

  1. In matters not regulated by the Terms and Conditions in the legal relationship with the Customers or Consumers, the relevant provisions of the generally applicable law shall apply.
  2. Any derogation from the Terms and Conditions shall be made in writing, otherwise being null and void.
  3. The court competent to settle disputes between the Seller and the Customer shall be the competent court having jurisdiction over the registered office of the Seller. The court competent to settle disputes between the Seller and the Consumer shall be a competent court according to the general principles (a court having jurisdiction over the domicile of the defendant) or other court more convenient for the Consumer (according to Articles 31-37 of the Code of Civil Procedure). 
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