Regulations of the Dailyfruits- Home online store

Introductory provisions

1. The Sendgift online store available at sendgift.pl, is run by partners of a civil partnership under the name Dailyfruits S.C. Bartosz Krudysz Jacek Kwiecień with its headquarters in Warsaw, ul. Posag 7 Panien 1a, 02-495 Warszawa NIP: 679-307-70-34, REGON: 122432943. Data of the partners: Bartosz Krudysz (partner in a civil partnership), NIP 8141612560, REGON 180360730 and Jacek Kwiecień (partner in a civil partnership), NIP 6641943477 , REGON 121005297 or a natural person running a business under the name of DFSolutions Szymon Krudysz , entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, having Tax Identification Number NIP 52231196698, REGON 388047630.

2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the services provided by the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

Definitions

1. Consumer - a natural person concluding a contract with the Seller within the services provided by the Store, the subject of which is not directly related to its business or professional activity.
2. Seller - partners of a civil partnership under the name Dailyfruits S.C. Bartosz Krudysz Jacek Kwiecień with its headquarters in Warsaw, ul. Posag 7 Panien 1a, 02-495 Warszawa NIP: 679-307-70-34, REGON: 122432943 or a natural person running a business under the name of DFSolutions Szymon Krudysz , entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, having Tax Identification Number NIP 52231196698, REGON 388047630.
3. Customer - each 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, performing on its own behalf an economic activity that uses the Store.
5. Store - an online store run by the Seller at the internet address sendgift.pl
6. Distance contract – a contract concluded with a 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. Regulations - these Store regulations.
8. Order - a Customer's declaration of will submitted via the Order Form and aimed directly at concluding the Product or Products Sales Agreement with the Seller.
9. Account - a customer's account in the Store, it contains data provided by the Customer and information about Orders placed by the Customer in the Store.
10. Registration form - a form available in the Store that allows you to create an Account.
11. Order form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
12. Basket - an element of the Store's software in which the Products selected for purchase are visible, and by means of which it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product - a movable item / service available in the Store which is the subject of Sales Agreement between the Customer and the Seller.
14. Sales Agreement - a Product sales contract to be concluded or concluded between a Customer and the Seller via the Online Store. Sales Agreement also means - according to the features of the Product - a contract for the provision of services and a contract for a specific task.
15. Working days - these are days from Monday to Friday, excluding public holidays.

Contact with the Store

1. At Seller's physical address: Dailyfruits S.C. Bartosz Krudysz Jacek Kwiecień, ul. Posag 7 Panien 1a, 02-495 Warsaw;
2. Via Seller's e-mail address: bok@sendgift.pl
3. By Seller's telephone number: 22 868 04 99
4. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
5. The customer may communicate by phone with the Seller between 8 am and 5 pm on business days.

Technical requirements

To use the Store, including viewing the Store's online assortment and placing orders for Products, it is required to have:

28. an end device with access to the Internet and a web browser such as Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later
29. an active e-mail account,
30. enabled cookies and JavaScript.

General information

1. The Seller, to the fullest extent permitted by law, is not responsible for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
2. Browsing 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 completed without creating an Account.
3. The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges 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. The products may slightly differ in weight from the weight given on the Website. The given prices are the prices per portions, and the Customer by adding the Product to the virtual basket agrees to receive the Product, the weight of which will vary by +/- 10%.
6. The products are a serving proposal. Due to the nature of the products sold, they may differ from those shown in the photos.

Creating an Account in the Store

1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide an e-mail address, accept the Store Regulations and set a login password.
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 an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in §3.
5. By sending the account registration form, the customer declares that the information contained therein is consistent with the facts, and also declares that this information does not infringe the rights of third parties.

Rules for placing an Order

1. In order to place an Order it is necessary to:
   • select the Product that is the subject of the Order, and then add it to the virtual basket
   • register an account, log in or use the option of placing an Order without registration;
   • if the option of placing an Order without registration has been selected - fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, including in particular: a. Name and surname, b. Detailed delivery address, c. Mobile phone number, select the type of shipment (method of delivery of the Product). An additional option is to provide invoice data, if a VAT invoice is to be issued for the Products ordered;
   • click the "Order and pay" button;
   • choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to §8 point 3;

2. Incorrectly completed order forms will not be considered by the Seller.
3. The seller reserves the right to refuse to execute orders that raise doubts or contain incomplete data. The customer will be immediately informed of such a situation.

Delivery and payment methods available

The Customer may use the following methods of delivery of the ordered Product:

• Shipment carried out by the Seller's own transport (in the selected area).
• Courier delivery. 

The customer can use the following payment methods:

• Electronic payments
• Payment by credit card (Visa, Visa Electron, Mastercard, Mastercard Electronic, Maestro)
• The entity providing online payment services by electronic means is Blue Media S.A. and the Przelewy24 website

It is possible to place an order without the obligation to pay using a discount code.

Execution of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an 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 takes place 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 declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. The product will be shipped by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
4. When ordering Products with different delivery times, the delivery date is the longest given date.
5. The start of the period for delivery of the Product to the Customer is counted as follows:
6. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
7. If the Customer chooses the method of payment on delivery - from the date of the Sale Agreement.
8. Product delivery takes place only in Poland.
9. The order fulfillment time applies to working days.
10. The seller is not responsible for unforeseen delays on the part of the courier company that delivers the products.
11. The seller is not liable in the event of any irregularities committed by the customer in the order form, as a result of which the shipment with the goods did not reach the addressee. In this case, the customer is not entitled to a refund.
12. In the absence of the Customer at the place indicated by him as the place of receipt of the goods on the date of receipt of the order, the Seller may withdraw from the contract, but the amount paid by way of the price may be credited towards the costs incurred by the Store.

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 running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person designated by The Customer other than the carrier.
3. The consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal from the Agreement. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
4. The statement may be sent by traditional mail or by e-mail by sending the statement to the Seller's e-mail address - the Seller's contact details are specified in §3. The statement may also be submitted on the form, a template of which is attached as Annex 1 to these Regulations and an attachment to the Act of May 30, 2014 on consumer rights, but it is not obligatory.
5. If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement.
6. Consequences of withdrawal from the Agreement:
7. In the event of withdrawal from a Distance Agreement, the Agreement shall be deemed not to have been concluded.
8. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest standard delivery method offered by the Seller.
9. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
10. The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to the Seller, whichever occurs first.
11. 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 the Consumer informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
12. The Consumer bears the direct costs of returning the Product, including the cost of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
13. 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.
14. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
    • in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
    • in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
    • in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
    • 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 commencement of the service that after the Seller has fulfilled the service, the Consumer will lose the right to withdraw from the Agreement;
    • in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.

Complaint and warranty

1. Sales Agreement covers new Products.
2. 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 regarding the warranty in the Civil Code.
3. Complaints should be submitted electronically to the address of the Seller provided in these Regulations.
4. The notification should specify the defect that the Customer believes the product has, and it is necessary to document the defect with photos.
5. The Seller will respond to the complaint immediately, no later than within 14 days, and if the Seller does not do so within this period, it is considered that the Customer's request was considered justified.
6. The Customer will be informed about the method of settling the complaint to the e-mail address provided.
7. If, as a result of settling the complaint, the price for the Products covered by such a complaint is to be refunded, the account number to which the refund will be made should be provided.
8. Goods returned as part of the complaint procedure should be sent to the address given in §3 of these Regulations. 

Provisions relating to entrepreneurs

1. This section of the Regulations and the provisions contained therein apply only to Customers and Users who are not consumers.
2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion.
3. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
4. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
5. In the case of Users who are not consumers, the Seller may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the User an appropriate statement.
6. Any disputes arising between the Seller and the Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller.

Out-of-court ways of dealing with complaints and redress

1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection 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_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following exemplary possibilities of using extrajudicial means 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 December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
4. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the 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 a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

Personal data in the Online Store

1. The administrator of personal data of Customers collected via the Online Store is the Seller.
2. Customers' personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement
3. Data for marketing purposes are used only if the Customer agrees to it in a special statement.
4. The recipients of the personal data of the Customers of the Online Store may be:

• 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.
• In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer's collected personal data to the selected entity handling the above payments in the Online Store. In the case of order processing without payment obligation, the data is not transferred to the payment agent.

5. Customer data is stored only in the administration panel of the Shoper platform, access to which is secured with appropriate permissions.
6. The customer has the right to access their data and correct them.
7. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
8. The processing of the Customer's personal data takes place in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on hereinafter referred to as GDPR) and the Act of 10 May 2018 on the protection of personal data.
9. Personal data is not shared with any external entities except those directly involved in the order fulfillment process, they are:
10. DPD Polska sp.z o.o.,
11. PayPro S.A. - Przelewy24 service

• Blue Media S.A.

10. In the case of the fulfillment of orders from the Homeoffice package addressed to employers and company employees, the system administrator may, at the request of the employer, in order to verify the implementation of the sales contract, provide the data of people who redeemed the discount coupon. These data include only the name, surname and the date when the coupon was redeemed, so they are not personal data within the meaning of the Act on the Protection of Personal Data because they do not contain information identifying a given person.

Final Provisions

1. Agreements concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to amend these Regulations. The changes may not infringe the rights of Customers resulting from Orders placed before the change was introduced. The amendment to the Regulations comes into force within 7 days from being published on the Website. The Service Provider will inform the Registered User or the User subscribed to the Newsletter about the amendment to the Regulations by means of an electronic message containing the text of the amended Regulations. If a Registered User or a User subscribed to the Newsletter does not accept the changes, they should notify the Administrator of this fact by sending a feedback saying "I do not accept changes to the Regulations", which will be equivalent to expressing a request to delete the Account on the Website and / or stop receiving the Newsletter.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Polish Act on Providing Services by Electronic Means; The Act on Consumer Rights, New Polish Act on Personal Data Protection.
4. The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, they may file a complaint via the EU ODR (Online Dispute Resolution) internet platform available at: http://ec.europa.eu/consumers/odr/