Regulations of the OCTOchocolate online store

Specifying, inter alia, rules for concluding sales contracts through the store, containing the most important information about the Seller, the store and the rights of the Consumer.

TABLE OF CONTENTS

§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical requirements

§ 4 Shopping in the Store

§ 5 Payment

§ 6 Order fulfillment

§ 7 The right to withdraw from the contract

§ 8 Exceptions to the right to withdraw from the contract

§ 9 Complaints

§ 10 Personal data

§ 11 Reservations

Appendix 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday with the exception of public holidays.

Account – a free Store function regulated by separate regulations (a service provided electronically), thanks to which the Buyer can set up his individual Account in the Store.

Consumer – a consumer within the meaning of the provisions of the Civil Code.

Buyer – any Buyer in the Store.

Regulations – these regulations.

Store – Surovital online store run by the Seller at https://octochocolate.co.uk

Seller – entrepreneurs entered in the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity:

KAROL SZWED, NIP 5222380678, REGON number 015665044, operating under the name SUROVITAL S.C. – partner in a civil partnership

MARCIN RENDAK, NIP 5272353092, REGON number 17313846, operating under the name SUROVITAL S.C. – partner in a civil partnership

operating as a civil partnership under the name SuroVital s.c. M. Rendak, K. Szwed s.c. with headquarters at ul. st. Urszula Ledóchowskiej 5/18, 02-972 Warsaw, NIP 9512335369, REGON number 14282642500000.

§ 2 CONTACT WITH THE SELLER

Postal address: ul. st. Urszula Ledóchowskiej 5/18, 02-972 Warsaw

E-mail address: sklep@surovital.pl

Phone: 668 860 380

Address for returning the goods (in the event of withdrawal from the contract): ul. Christopher Columbus 1.02-288 Warsaw.

Address for sending the advertised goods: ul. Christopher Columbus 1.02-288 Warsaw.

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning of the Store, you need:

A device with Internet access

A web browser that supports JavaScript and cookies.

To place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

The prices of goods visible in the Store are the total prices for the goods, including VAT.

The Seller points out that the total price of the order consists of the price for the goods indicated in the Store and, if applicable, the costs of delivery of the goods.

The goods selected for purchase should be added to the basket in the Store.

Then the Buyer selects from the available in the Store: the method of delivery of the goods and the payment method for the order, and also provides the data necessary to complete the order.

The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.

Placing an order is the same as concluding a sales contract between the Buyer and the Seller.

The Seller will provide the Consumer with a confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.

The Buyer may register in the Store, i.e. create an Account in it or make purchases without registration by providing his data with each possible order.

§ 5 PAYMENTS

You can pay for the order placed, depending on the Buyer’s choice:

By ordinary transfer to the Seller’s bank account. Bank: ALIOR BANK Account number: 22 2490 0005 0000 4500 1293 3671

Via the payment platform:

dotpay

Cash on delivery, i.e. by card or cash upon delivery to the Buyer.

If the Buyer selects payment in advance, the order must be paid within 7 Business Days of placing the order.

The seller informs that in the case of some payment methods, due to their specificity, payment for the order by this method is possible only immediately after placing the order.

By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

§ 6 COMPLETION OF THE ORDER

The seller is obliged to deliver the goods without defects.

The order completion date is indicated in the Store.

In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after paying for it.

In a situation where, under one order, the Buyer has purchased goods with different delivery dates, the order will be processed on the date appropriate for the goods with the longest delivery date.

Countries where the delivery is made:

The Republic of Poland

EU

Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:

Via a courier company

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

The consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.

The deadline to withdraw from the contract expires after 14 days from the day:

On which the Consumer acquired the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods.

On which the Consumer acquires the possession of the last item or on which a third party, other than the carrier and indicated by the Consumer, acquires the last item in the case of an agreement obliging to transfer the ownership of many items that are delivered separately.

In order for the Consumer to be able to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information sent by e-mail).

The consumer may use the model withdrawal form at the end of the Regulations, but it is not obligatory.

In order to meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.

EFFECTS OF WITHDRAWING FROM THE CONTRACT

In the event of withdrawal from the concluded contract, the Seller returns to the Consumer all payments received from 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), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the Consumer’s decision to exercise the right to withdraw from the contract.

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 agrees to a different solution, in each case the Consumer will not incur any fees in connection with this return.

The seller may withhold the reimbursement until receipt of the goods or until proof of its return is provided to him, depending on which event occurs first.

The seller asks you to return the goods to the following address: ul. Krzysztof Kolumba 1.02-288 Warsaw immediately, and in any case not later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.

The consumer bears the direct cost of returning the goods.

The consumer is only liable for a decrease in the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.

If the goods, due to their nature, cannot be returned by regular mail, the Consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.

§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE AGREEMENT

The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:

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 that deteriorates quickly or has a short shelf life.

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 package has been opened after delivery.

In which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.

In which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery.

For the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.

Where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract.

For the delivery of digital content that is not stored on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.

The right to withdraw from a distance contract is not available to an entity other than the Consume

§ 9 COMPLAINTS

In the event of a defect in the goods, the Buyer may complain about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.

Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:

Submit a price reduction statement

In the event of a significant defect – submit a statement of withdrawal from the contract

Demand that the item be replaced with one free from defects

Demand that the defect be removed

The seller asks you to submit a complaint under the warranty to the postal or electronic address indicated in § 2 of the Regulations.

If it turns out that in order to consider the complaint, it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver the goods, in the case of the Consumer at the Seller’s expense, to the address Christopher Columbus 1.02-288 Warsaw.

If an additional guarantee has been granted for the product, information about it, as well as about its conditions, is available in the product description in the Store.

Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.

Consideration of the complaint by the Seller will take place within 14 days.

EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS

In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, with:

Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.

Assistance of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.

Free assistance of the municipal or poviat Consumer Ombudsman.

ODR internet platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

The administrator of the personal data provided by the Buyer when using the Store is the Seller.

The Buyer’s personal data is processed on the basis of a contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.

§ 11 RESERVATIONS

The Buyer is forbidden to provide illegal content.

Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the regulations. The contract is concluded on time and for the purpose of order fulfillment.

Agreements concluded on the basis of these regulations are concluded in Polish.

In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.

Nothing in these Regulations excludes or in any way limits the consumer’s rights under the law.

Annex 1 to the Regulations

Below is a model withdrawal form that the Consumer may or may not use:

TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)

SuroVital s.c. M. Rendak, K. Szwed s.c.

ul. st. Urszula Ledóchowskiej 5/18, 02-972 Warsaw

e-mail address: sklep@surovital.p

– I ………………………………………… ……………………. hereby inform about my withdrawal from the sales contract for the following items:

………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ……………………….

………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ……………………….

………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ……………………….

– Date of receipt ……………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ….

– Name and surname of the Consumer (s) …………………………………… ………………………………………….. ………………………………………….. …………………..

– Consumer (s) address …………………………………….. ………………………………………….. ………………………………………….. ………………………………..

………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ……………………….

………………………………………….. …………………………………….

Consumer’s signature

(only if the form is sent in paper version)

Date ……………………………………..

(*) Delete as appropriate.