Regulations of the online store
effective from 01.03.2023
I. General provisions
(1) These Regulations set out the general conditions, the manner of providing electronic services and sales conducted through the online store https://adriasabbioni.eu. The store is operated by ADRIA SABBIONI ŚWIDER ŚWIERCZ SPÓŁKA JAWNA, KRS 0000970951, NIP 5223225299, REGON 521977480, BDO 000569758, Oławska 1 / 20, 01-494 Warsaw, Poland hereinafter referred to as the Seller.
(2) Contact with the Seller shall be made through:
a. e-mail address: biuro@adriasabbioni.eu;
(3) these Terms and Conditions are continuously available on the website https://adriasabbioni.eu, in a manner that allows you to obtain, reproduce and record its content by printing or saving on a media at any time.
(4) The Seller informs that the use of Services provided electronically may involve risks on the part of any user of the Internet, consisting of the possibility of introducing harmful software into the Client's information and communication system and obtaining and modifying its data by unauthorized persons. In order to avoid the risk of the aforementioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and firewall.
II. Definitions
The terms used in the Terms and Conditions shall mean:
1. working days - are days from Monday to Friday excluding public holidays;
2. Customer - a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order at the Online Store or uses other Services available at the Online Store;
3. Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended);
4. Account - a part of the Online Store assigned to a given Customer, through which the Customer may perform certain actions within the Online Store;
5. Consumer - a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
6. Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
7. Terms and Conditions - this document;
8. Merchandise - the product presented in the Online Store, the description of which is available next to each product presented;
9. Sales Agreement - Agreement for sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
10. Services - services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
11. the Law on Consumer Rights - the Law of May 30, 2014 on Consumer Rights (Journal of Laws 2014, No. 827);
12. the Act on Provision of Electronic Services - the Act of July 18, 2002 on Provision of Electronic Services (Journal of Laws No. 144, Item 1204 as amended);
13. order - a declaration of will of the Customer, aiming directly at the conclusion of a Sales Agreement, specifying in particular the type and number of Goods.
III. Rules of using the Online Store
(1) The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
a. computer or mobile device with access to the Internet,
b. access to electronic mail,
c. web browser Microsoft Edge in the latest version, Firefox version 90.0 or later, Chrome version 60 or later, Opera version 15 or later, Safari version 2 or later,
d. enable Cookies and Javascript in your web browser.
(2) The use of the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Store.
(3) In particular, the Customer shall:
a. not to provide or transmit content that is prohibited by law, such as content that promotes violence, defamatory or violates the personal rights and other rights of third parties,
b. to use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
c. not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Shop,
d. to use the Online Store in a manner that is not onerous for other Customers and the Seller,
e. to use any content placed within the scope of the Internet Shop only for one's own personal use,
f. to use the Internet store in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general principles of Internet use.
IV. Services
(1) The Seller shall make it possible through the Online Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.
(2) the Service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on the Online Store account creation page. The contract for the provision of the Service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove the Account.
(3) The Customer has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter Service). For this purpose, it is necessary to provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer may revoke consent to sending commercial information at any time. The Newsletter Service Agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription.
(4) The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the Store's website. Promotions in the Online Store are not cumulative, unless the Terms and Conditions of a given promotion state otherwise.
(5) In case of violation by the Customer of the provisions of these Regulations, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days' notice.
V. Procedure for conclusion of the Sales Agreement
(1) Information about the Goods given on the websites of the Store, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.
(2) All Goods available in the Online Store are brand new and have been legally introduced into the Polish market, unless the description of a particular product states otherwise.
(3) The condition for placing an Order is to have an active e-mail account.
(4) In the case of placing an Order through the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer made in electronic form binds the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement by the Seller of acceptance of the Client's offer, and at the moment of its receipt by the Client a Contract of Sale is concluded.
(5) The Contract of Sale is concluded in Polish or English, with the content in accordance with the Regulations.
VI. Delivery
(1) Delivery of the Goods shall be made to the address indicated by the Customer in the course of placing the Order.
(2) The Goods are delivered via courier service or can be picked up in person at the specified location of the Seller if the product description allows it.
(3) The Seller on the websites of the Store in the description of the Goods shall inform the Customer about the number of Working Days required for the execution of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
(4) The period for delivery and fulfillment of the Order is calculated in Business Days in accordance with pt. VII subsection 2.
(5) The Seller shall provide the Customer with a proof of purchase.
(6) If different lead times are provided for the Goods covered by the Order, the longest period among those provided shall apply to the entire Order.
VII. Prices and payment methods
1) The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and other fees.
(2) the Customer may pay for the Order by:
a. electronic payment (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the billing agent's system about the payment made by the Customer, and shipping will be carried out immediately after the Order is completed).
b. payment by bank transfer within 3 days to the bank account provided by the Seller,
c. payment upon receipt of the package from the courier.
(3) The Seller shall inform the Customer on the Store's website of the deadline within which he is required to make payment for the Order. In case of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an ineffective call for payment with setting an appropriate time limit, may withdraw from the Agreement on the basis of Article 491 of the Civil Code.
VIII. Right to withdraw from the Agreement
(1) A Customer who is a Consumer may withdraw from the Agreement without giving any reason by making a statement to that effect within 14 days. To meet this deadline it is sufficient to send the statement before its expiry.
(2) The Customer may formulate the statement himself or use a sample statement provided by the Seller on the website of the Store.
(3) The 14-day period shall be counted from the date on which the Goods were delivered or, in the case of a Contract for the provision of Services, from the date of its conclusion.
(4) The Seller shall, upon receipt of the statement of withdrawal from the Contract by the Consumer, send to the Consumer's e-mail address a confirmation of receipt of the statement of withdrawal from the Contract.
(5) The Consumer's right to withdraw from the Contract is excluded in the case of:
a. The provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement;
b. A contract in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal from the Contract;
c. A contract in which the subject of performance is a non-refabricated Goods, produced to the Consumer's specifications or serving to meet his individualized needs;
d. Agreement in which the object of performance is Goods that are perishable or have a short shelf life;
e. A contract in which the subject of performance is an Item delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
f. A contract in which the subject of performance are products that after delivery, due to their nature, become inseparably connected with other things;
g. Agreement in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control;
h. A contract in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary for the performance of repair or maintenance, the right to withdraw from the Contract shall be granted to the Consumer with respect to additional services or Goods;
i. Agreement in which the subject matter of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; delivery of newspapers, periodicals or magazines, except for the Subscription Agreement;
j. Agreement concluded through a public auction;
k. A contract for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
l. Agreement for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Agreement and after the Seller has informed him of the loss of the right to withdraw from the Agreement.
(6) In the case of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to ascertain the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the address of the Seller.
(7) The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, return to the Consumer all payments made by the Consumer, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the item from the Consumer itself.
(8) If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary means of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by the latter.
(9) The customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
IX. Complaints about Goods under warranty
(1) The Seller undertakes to deliver Goods without defects.
(2) Complaints arising from violation of the Customer's rights guaranteed by law or on the basis of these Regulations should be addressed to ADRIA SABBIONI ŚWIDER ŚWIERCZ SPÓŁKA JAWNA, KRS 0000970951, NIP 5223225299, REGON 521977480, BDO 000569758, Oławska 1 / 20, 01-494 Warsaw, Poland or to the e-mail address: zamowienia@adriasabbioni.eu.
(3) In order to consider the complaint, the Customer should send or deliver the Goods under complaint, if possible attaching the proof of purchase. The Goods should be delivered or sent to the address indicated in item. 3.
(4) The Seller undertakes to consider each complaint within 14 days.
(5) In case of deficiencies in the complaint, the Seller shall call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer.
X. Complaints regarding the provision of services by electronic means
(1) The Customer may submit complaints to the Seller in connection with the functioning of the Store and use of the Services. Complaints may be submitted in writing to the address: ADRIA SABBIONI ŚWIDER ŚWIERCZ SPÓŁKA JAWNA, KRS 0000970951, NIP 5223225299, REGON 521977480, BDO 000569758, Oławska 1 / 20, 01-494 Warsaw, Poland or to the e-mail address: zamowienia@adriasabbioni.eu.
(2) In the complaint, the Customer should provide his/her name, mailing address, type and description of the problem that occurred.
(3) The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.
XI. EU Regulations General Product Safety Regulation
In accordance with Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety, our products are delivered to our suppliers and on online marketplaces. All information documents regarding product safety are available from the manufacturer: Soap&Friends Sp.z.o.o., based at ul. Grabska 23, 32-005 Niepołomice, Poland, Contact e-mail: coordinator@soapfriends.eu, telephone: 12-385-86-65, KRS 0000903978, NIP 6832115202, REGON 389176068
XII. Guarantees
(1) Goods have a 12-month warranty of the Seller, unless the item description states otherwise.
XIII. Out-of-court means of settling complaints and pursuing claims
(1) The Customer who is a Consumer has, among other things, the following possibilities to use out-of-court ways to resolve complaints and assert claims:
a. is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
b. is entitled to apply to the provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller;
c. may obtain free assistance in resolving a dispute between the Customer and the Vendor, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include the protection of consumers (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided under
Federation of Consumers at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
d. submit your complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/
XIV. Protection of personal data
The Seller collects and processes the personal data provided by Customers in accordance with applicable laws and in accordance with the Privacy Policy, available on the Store's website.
XV. Final provisions
(1) All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Online Store website, as well as to the forms, logos belong to the Seller, and the use of them may be carried out only in the manner specified and in accordance with the Terms and Conditions.
(2) The provisions contained in these Regulations concerning the Consumer, on the subject of withdrawal from the contract and complaints, shall apply to a natural person concluding a contract directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity. The provisions on out-of-court means of settling complaints and pursuing claims shall not apply.
(3) Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
(4) Settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the seat of the Seller.
(5) In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on electronic services, the provisions of the Act on consumer rights and other relevant provisions of Polish law shall apply.
(6) Each Customer shall be informed of any changes to these Regulations through information on the main page of the Online Store containing a summary of the changes and the date on which they become effective. Customers who have an Account will additionally be informed of the changes along with their summary to the e-mail address indicated by them. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Client with a Client Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notification to the Vendor of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.
