Terms of Use

 

§.1 Preliminary provisions

  1. The EL GATO COFFEE ROASTERS online store, available at the Internet address http://elgatocafe.pl, is operated by Traba Trade Sp. z o. o. with its registered office in Zawonia, entered into the National Court Register by the District Court in/for Wrocław, Commercial Division of the KRS under the KRS number 769622, NIP number PL9151812166, REGON number 3824587700000.

  2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and sets out the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with a Customer at a distance through the Store.

§.2 Definitions

  1. Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
  2. Dealer – Traba Trade Sp. z o. o. with its registered office in Zawonia at ul. Radosna, postal code 55-106, entered into the National Court Register by the District Court for Wrocław, Commercial Division of the National Court Register under KRS number 769622, NIP PL9151812166, REGON 3824587700000
  3. Klient - any entity making purchases via the Store.
  4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performs in its own name an economic activity that uses the Store.
  5. Shop – online store run by the Seller at the Internet address http://elgatocafe.pl
  6. A distance contract - a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Terms of Use - these Store regulations.
  8. Order - the Customer's declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
  9. Account - customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
  10. Registration form - a form available in the Store, enabling the creation of an Account.
  11. The order form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
  12. Cart - an element of the Store's software in which the Products selected for purchase are visible, and it is also possible to determine and modify the given Order, in particular the quantity of products.
  13. Product - a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales agreement - Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means - according to the features of the Product - a contract for the provision of services and a contract for specific work.

§.3 Contact with the Store

  1. Seller's address:
    Traba Trade Sp. z o. o., ul. Daszyńskiego 40, 55-100 Trzebnica
  2. Seller's e-mail address: info@elgatocafe.pl
  3. Seller's telephone number: +48 509 160 905
  4. Seller's bank account number 77 1020 5242 0000 2402 0536 9675
  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
  6. The Customer may communicate by phone with the Seller between 9:00 PM and 18:00 PM

§.4 Technical requirements

  1. To use the Store, including viewing the Store's assortment and placing orders for Products, you need:
    • end device with access to the Internet and a Chrome web browser
    • active e-mail account
    • cookie support enabled

§.5 Igeneral information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  2. Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be carried out without creating an Account.
  3. The prices in the store are given in Polish zlotys and are gross prices (including VAT).
  4. The final (final) amount to be paid by the Customer consists of the price for the Product and the delivery cost (including fees for transport, delivery and postal services), about which the Customer is informed on the Store's website when placing the Order, including when expressing will to be bound by the Sales Agreement
  5. In the case of a Contract involving a subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the accounting period.
  6. If the nature of the subject of the Agreement does not allow, judiciously judging, to calculate the amount of the final (final) price in advance, information about the manner in which the price will be calculated, as well as about charges for transport, delivery, postal services and other costs will be provided in the Store in the Product description.

§.6 Creating an Account in the Store

  1. To create an Account in the Store, please complete the Registration Form. It is necessary to provide the following data: Name, Surname, Email
  2. Creating an Account in the Store is free.
  3. Logging in to the Account is done by entering the login and password set in the Registration Form.
  4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§.7 Rules for placing an order

In order to place an Order:

  1. log into the Store (optional);
  2. select the Product being the subject of the Order, and then click the "Add to Cart" button (or equivalent);
  3. log in or use the option of placing an Order without registration;
  4. if the option of placing an Order without registration has been selected - complete the Order Form by entering the recipient's details of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter invoice data, if different from the recipient's data,
  5. click the "Order and pay" button/click the "Order and pay" button and confirm the order by clicking the link sent in the e-mail,
  6. choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 item 3.

§.8 Offered delivery and payment methods

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    1. Postal shipment, cash on delivery,
    2. Courier shipment, cash on delivery courier shipment,
    3. Personal collection available at:
      Trzebnica, Daszyńskiego St. 40
      Wroclaw, ul. Odrzańska 8
      Wroclaw, ul. Zwycięska 9

  2. The customer can use the following payment methods:
    1. Cash on delivery
    2. cash on delivery
    3. Payment by bank transfer to the Seller's account
    4. Electronic payments
    5. Payment by credit card.
  3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

§.9 Performance of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
  3. If the customer chooses:
    1. payment by transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment within 5 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.
    2. payment on delivery upon delivery, the Customer is obliged to make the payment upon delivery.
    3. payment in cash upon personal collection of the parcel, the Customer is obliged to make the payment upon receipt of the parcel within 5 days from the date of receiving information about the readiness of the parcel for collection.
  4. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time limit indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
  5. If you order Products with different delivery times, the delivery date is the longest given date.
  6. The start of the period for delivery of the Product to the Customer is counted as follows:
    1. If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
    2. If the Customer chooses the cash on delivery method - from the date of conclusion of the Sales Agreement
  7. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will be additionally informed about the readiness of the Product for collection by the Seller by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order.

  8. In the case of ordering Products with different dates of readiness for collection, the Customer has the option of collecting the Products in parts (according to their readiness for collection) or collecting all Products after completing the entire order.

  9. The beginning of the period of the Product's readiness for collection by the Customer is counted as follows:

    1. If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
    2. If the Customer chooses the cash method upon personal collection - from the date of conclusion of the Sales Agreement.

  10. The Product is delivered within the European Union.

  11. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the "Delivery costs" tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
  12. Personal collection of the Product by the Customer is free of charge.

§.10 The right to withdraw from the contract

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The time limit specified in para. 1 begins with the delivery of the Product to the Consumer or a person other than the carrier indicated by him.
  3. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.
  4. In the case of the Agreement, which consists in the regular delivery of Products for a definite period of time (subscription), the date indicated in section 1 runs from taking possession of the first thing.
  5. The consumer may withdraw from the contract by submitting to the Seller a statement of withdrawal from the contract. To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send a statement before this deadline.
  6. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration may also be submitted on the form, the template of which is attached. No. 1 to these Regulations and the annex to the Act of May 30, 2014 on consumer rights, but this is not obligatory.
  7. If the Consumer sends a statement electronically, the Seller will immediately send the Consumer the confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
  8. Effects of withdrawal from the Agreement:
    1. In the event of withdrawal from a Distance Contract, the Contract is considered null and void.
    2. In the event of withdrawal from the Contract, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Contract, all payments made by him, including the costs of delivery, except for additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest usual delivery method offered by the Seller.
    3. The seller will refund the payment using the same payment methods that were used by the consumer in the original transaction, unless the consumer has expressly agreed to another solution that will not involve any costs for him.
    4. The Seller may withhold reimbursement until receipt of the Product back or until proof of its return is provided to him, whichever occurs first.
    5. The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product before the expiry of the 14 days.
    6. The consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by ordinary mail.
    7. The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
  9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the cost of returning the Product, will be in the description of the Product in the Store.
  10. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Contract:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs,
    2. in which the subject of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
    3. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life,
    4. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the beginning of the service that after the performance of the service by the Seller he will lose the right to withdraw from the Agreement
    5. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Contract,
    6. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
    7. in which the subject of the service are alcoholic beverages, the price of which has been agreed at the conclusion of the sales contract, and whose delivery may take place only after the expiry of 30 days and whose value depends on fluctuations in the market over which the Seller has no control,
    8. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
    9. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
    10. for the delivery of digital content that is not saved on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline for withdrawal from the contract and after the Seller informed him about the loss of the right to withdraw from the contract

§.11 Complaint and warranty

  1. New Products are covered by the Sales Agreement.
  2. The Seller is obliged to provide the Customer with an item free from defects

  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.

  4. It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer's request in connection with the defect of the goods.

  5. The Seller will respond to the complaint request immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer's request was considered justified

  6. Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.
  7. If a warranty has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.

§.12 Pjudicial methods of dealing with complaints and pursuing claims

  1. Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Inspections. Handlowa and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_zdrowie.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The consumer has the following examples of possibilities of using extrajudicial methods of dealing with complaints and redress:
  3. The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
  4. The consumer is entitled to turn to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
  5. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

 

§.13 Personal data in the Online Store

  1. The administrator of personal data of Customers collected through the Online Store is the Seller.
  2. Customers' personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes.
  3. The recipients of personal data of the Online Store customers may be:
  4. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
  5. In the case of a Customer who uses the Online Store with the method of electronic payments or a payment card, the Administrator provides the Customer's personal data collected to the selected entity operating the above payments in the Online Store.
  6. The customer has the right to access their data and correct them.
  7. Providing personal data is voluntary, however failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.

§.15 Product availability 

  1. Standard shipping time is up to 24 hours, but in special cases it may be extended to 48 hours
  2. Coffee beans that will not be available at the time of order will be specially roasted for the customer, which will extend the order processing time 


§.16 Pfinal provisions

 

Agreements concluded through the Online Store are concluded in Polish.

  1. The Seller reserves the right to amend the Regulations for important reasons, i.e. changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about any change at least 7 days in advance.
  2. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
  3. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.