of the Coffee Support online store
in force from 01.03.2019
Whenever in these regulations of the Coffee Support online store (hereinafter “Regulations”) we refer to:
- Seller – it should be understood as Coffee Support- Błażej Walczykiewicz with its registered seat in Ruda Śląska 41-706, ul. ks. Lexa 15 A, NIP 586 209 0848 and REGON 361742265; e-mail: firstname.lastname@example.org
- Online Store – it should be understood as an online store run by the Seller at http://www.coffee-support.com;
- Goods – it should be understood as products offered by the store;
- Service – it should be understood as training services provided by the Seller;
- Client – it should be understood as a natural person, a legal person or an organizational unit, to whom civil code grants legal capacity,
- Participant – it should be understood as a Client or a person indicated by the Client who is involved or are interested in participating in the Training;
- Consumer – it should be understood by the Client being a natural person who performs a legal action not related directly to his business or professional activity,
- Training – it should be understood as a service of training provided by the Seller in a stationary mode in Poland or abroad;
II. GENERAL PROVISIONS
- The Regulations define the rules for the purchase of Goods and Services by Clients via the Online Store.
- Through the Online Store, the Seller sells new Goods displayed on the Online Store websites.
- The information contained in the Online Store is an invitation to enter into a contract within the meaning of art. 71 of the polish Civil Code. The order placed by the Client is an offer within the meaning of art. 66 and art. 661of the Act of 23 April 1964 – the polish Civil Code, the content of which is supplemented by the provisions of the Regulations, and the contract of sale is concluded upon the delivery of the order confirmation by the Seller to the Client.
- The Seller informs that the technical requirements necessary to cooperate with the IT system used by the Seller are as follows:
a) a computer, laptop or other multimedia device with Internet access;
b) access to electronic mail;
c) Internet browser: Mozilla Firefox version 49.0 and higher or Internet Explorer version 11.0 and higher, Opera version 39.0 and higher, Google Chrome version 54.0. and higher, Safari version 10.0 and above, Microsoft Edge version 25.10586.0.0 and above;
d) recommended minimum screen resolution: 320×480;
5. The SALE department includes Goods or Services that are currently offered at a lower price or being sold in sets. The number of promotional Goods is limited and the orders are processed in the order in which confirmed orders are received for these Goods or Services until stocks run out. The Seller reserves the right to terminate and resume the sale at any time.
6. The NEWS Department contains Goods or Services newly introduced to the market or to the Online Store offer.
7. The Seller reserves the right to:
a) change the prices of the Goods or Services. Price change does not apply to orders accepted for execution.
b) withdrawal of individual Goods or Services from the Online Store.
c) changes in the number of Goods offered in the Online Store.
d) introduce new Goods or Services to the Online Store.
8. The Seller indicates that all mentioned Goods and their names are used for identification purposes and may be registered trademarks of their respective owners.
9. All graphic elements, text, trademarks of the Seller and all entities whose products are offered on the Online Store’s websites are proprietary and the Client is not entitled to use them nor to disseminate them.
III. PLACING ORDERS
- The Client places an order by:
a) selecting one or several Goods or Services offered in the Store;
b) correct completion of the electronic order form on the Store’s website, as well as sending an electronic order form from the Store’s website.
c) confirmation of acceptance of the order for execution in the form of an e-mail sent to the Client;
d) receiving payment from the Client for the Good or Service (with the exception of Goods, for which the fee will be charged on delivery).
2. If the order can not be completed within the time specified in the Regulations due to the lack of the ordered Goods or the ordered quantity of Goods or the order is carried out by the manufacturer – the Seller will immediately inform the Client by phone or electronic means of communication and will propose a different date or order delivery method (for example by partial performing of the order). If the Client does not accept the new completion date or the method of fulfilling the order, then the order shall be cancelled, and neither of the Parties shall be liable for non-performance of the order.
3. In the event that the Product is not available on the market, the Seller will notify the Client via email. In this case, none of the Parties shall be liable for non-performance of the contract.
4. The Seller shall confirm the order by e-mail, which is assumed as its delivery for execution. Such information may be sent from websites, but it is necessary because such confirmation will determine the moment of conclusion of the contract.
5. The Client is entitled to cancel a correctly placed order until the order is confirmed by the Seller, if the account is logged in, or by sending a relevant statement by e-mail to the Seller’s e-mail address: email@example.com
- The current price in the Online Store at the time of placing the order by the Client is binding. The prices are expressed in Polish zlotys and are GROSS prices and ( INCLUDE VAT rate valid on the date of placing an order).
- Payment methods accepted by us are:
a) ordinary transfer – the Client is being provided with proforma invoice stipulating the bank account number or only the Seller’s bank account number, to the provided email address. The order will be processed after the payment has been paid and credited to the Seller.
b) payment on delivery – the Client pays by collecting the ordered Goods. This payment is not available in respect of the Services;
c) payment via online banking -settlement of transactions by credit card, e-transfer or using PayPal or via PayU payment systems.
3. The Seller reserves the right to limit the payment methods available to Clients.
4. All costs of financial transactions shall be borne by the Client
V. DELIVERY OF ORDERS ON GOODS
- The execution of orders for the Goods consists in its preparation for shipment to the Buyer.
- If the description provided at the Goods does not state otherwise, the execution of orders for the Goods shall take place within 2 working days from the date of conclusion of the contract. The exception are goods for special order, whose delivery time is extended. The Seller shall inform the Client about the date of delivery of the Goods on special order immediately after placing the order.
- The day on which the Seller provided the Client with the confirmation of the order, shall not be included in the term for the performance of the order for the Goods.
- Goods for which the Client prepays will be processed only after receiving the payment.
- After completing the order, the Seller will send a confirmation of its implementation by email to the Client.
- The Seller, in justified cases, allows the possibility of negotiating the prices of products, including in particular the case of ordering a larger quantity of Goods. Then the order takes place outside the Online Store system. For this purpose, please send to the e-mail address firstname.lastname@example.org a list of Goods along with the question about the possibility of a discount and delivery data. Based on them, a calculation of the value of the order and delivery costs will be prepared for the Client.
- Any changes to the order may be made by the Client until receiving confirmation from the Seller of the contract.
- The detailed rules for the implementation of orders for Goods or Services are included in the descriptions posted at the given Good or Service.
VI. DELIVERY OF GOODS AND TIME OF EXPECTATION
- The Seller delivers the ordered Goods in the manner indicated by the Client in the electronic order form.
- The Goods are delivered by cooperating with the Seller courier companies within the time limits specified in the regulations for the provision of services.
- The time of delivery includes: time of completion of the order (preparation of Goods for shipment) and time of delivery by courier.
- In the event of prolonging the waiting time for a shipment, the Client will be notified of this fact by e-mail or by phone.
- Fees due for the courier service provider for delivery of the ordered Goods shall be borne by:
a) if the value of the order is not more than PLN 1,000.00 gross – the Client, in the amount of PLN 18 gross, regardless of the quantity and weight of the products, via the Seller;
b) if the value of the order is more than PLN 1000.00 gross – Seller.
6. In the event that the Client has his registered office or place of residence outside Poland, the Seller, after confirming the order, informs the Client about the amount of fees due for the delivery of the ordered Goods once he sends him a pro forma invoice, on the basis of which the Client pays the price. After making the payment, the Seller delivers the ordered Goods, the date of delivery of the Goods may be extended, however, not longer than 14 days in relation to the original terms.
VII. EXECUTION OF ORDERS ON SERVICES (TRAINING)
- This provision sets out the rules for the execution of orders for Training, participation in trainings organized by Coffee Support and sold in the Online Store, as well as the right to withdraw from the Agreement and liability.
- The Seller declares that the Trainings are organized with due diligence, however the Seller is not responsible for the results of the Training.
- All information regarding the subject, duration and number of Participants of the Training are always included in the description posted in the Online Store at the given Training. All Training takes place at the Training Centre indicated on the Online Store website. It is possible to conduct training outside the Training Centre, however, it is based on a separate agreement.
- The Seller stipulates that if the Agreement is concluded less than 14 days before the Training, the Client waives the right to withdraw from the Agreement referred to in paragraph 3 above. In the case of resignation then the provisions of paragraph 5 and 6 below. This provision does not apply to Consumers.
- The Seller has the right to cancel the Training not later than 7 business days prior to the scheduled date of the Training, in particular in the event of non-submission of the minimum number of Participants, i.e. 3 Participants as notified by e-mail to the e-mail address provided in the placing an order.
- The occurrence of the circumstances referred to in paragraph 2 above does not change the Agreement. The Clients will be notified by e-mail to the e-mail address indicated in the order about the change of the term and a new term for the Training.
- All materials that are presented and made available to Participants as part of the conducted Training are protected by copyright and are the intellectual property of their creators. These materials may not be subject to dissemination and disclosure without the prior written consent of the Seller.
- The Seller hereby reserves the right to change the date or place of the Training in the event of circumstances for which the Seller is not at fault, i.e. all unforeseeable random events and force majeure.
VIII. RETURNS, COMPLAINTS, RESPONSIBILITY
- Goods purchased from the Online Store http://www.coffee-support.com may be covered by the manufacturer’s warranty. Information on the warranty provided by the manufacturer can be found in the description of the Goods. In the case of servicing all devices purchased in the Online Store, please contact the manufacturer directly.
- The provisions regarding withdrawal from the Agreement, complaints by Clients – Consumers are regulated in section IX of these Regulations. The provisions indicated in paragraphs 3 – 14 below do not apply to Clients who are Consumers.
- The Seller pursuant to art. 558§1 of the polish Civil Code completely excludes its liability towards Clients due to physical and legal defects (warranty) of the Goods.
- In case of receiving the Goods damaged or not in accordance with the provisions of the contract, the Client has the right to complain within 5 days of receiving the Goods. The complaints should be sent to the Seller’s e-mail address, indicated in section I of these Regulations.
- The courier company should not be included with complaints, which include internal procedures of the Seller (quantity, quality of the Goods, correctness of the order, etc.).
- Complaints regarding the course or quality of the Training shall be sent to the e-mail address provided in section I of the Regulations or sent by registered mail to the address indicated in section I of the Regulations immediately, however not later than 14 days from the day when the circumstances covered by the complaint arise.
- In order to facilitate the complaint process, the complaint should contain in particular: a description of the defect, circumstances (including date) of its occurrence, data of the Consumer submitting a complaint and the Client’s request in connection with a defect of the Goods.
- The Seller may not accept the submitted complaint in the case of submitting a complaint after the deadline specified in paragraph 4 or 6 above or not including the above-mentioned information in paragraph 7 above, with a reservation that.
- The deadline for considering the complaint by the Seller is 14 days from the date of its receipt, notifying the Client about the way of proceeding to the address given in the complaint. Failure to respond to Client’ complaint within 14 days does not imply that the claimed complaint was considered justified.
- The Client may exercise the right to withdraw from the Training Agreement in the following cases:
a) death of a close relative of a Participant (spouse, child, parents, siblings, a relative, a person living together),
b) serious illness of the Participant that prevents participation in the Training,
c) the necessity to comply with the obligation to public authorities, about which the client had no knowledge as at the date of conclusion of the Contract with the Seller.
11. The Client, citing the circumstances indicated in para. 9 above must duly document them. The declaration may be sent via traditional mail to the address of the Seller indicated in section I of the Regulations or by electronic means by sending a statement to the Seller’s e-mail address indicated in section I of the Regulations.
12. In the event of withdrawal from the Agreement during the course of the training, the Client is obliged to pay the price for the training in a proportional relationship, i.e. pay for the training in which he participated, in the classes in which he took part.
13. If the Client exercises the right to withdraw from the Agreement at least 14 days before the planned date of the Training for any reason, the price paid is subject to refund within 14 days. The reimbursement will be made by the Seller using the same payment methods that were used by the Client in the original transaction, unless the Client explicitly agreed to another solution, which will not involve any costs for him.
14. Failure to pay the price or its relevant part and lack of participation in the Training does not imply the right to withdraw from the Agreement. In this case, the Client is obliged to pay the Seller the entire price due for the Training.
15. The Seller hereby reserves the right to withdraw from the Agreement concluded with the Client for the Training, in a manner indicated, at the latest 7 days before the scheduled date of the Training in the absence of the required number of entries for the Training. The Seller shall immediately notify the Client of this fact to the e-mail address provided when placing the order.
16. The Seller also has the right not to conclude a Agreement for Training with the Client or to withdraw from the Agreement in any case if the Client fails to pay remuneration to the Seller, also resulting from other titles than the Training.
IX. PROVISIONS CONCERNING CONSUMERS
- The provisions of the polish Act of 30 May 2014 on consumer rights apply to contracts concluded between the Seller and the Consumer.
- A Consumer who has concluded a distance contract has the right to withdraw from the contract within 14 days without giving any reason and without incurring costs, except for the costs referred to in paragraph. 8 below.
- The course of the term specified in paragraph 2 begins
a) for the contract whereby the Seller issues the Goods, being obliged to transfer its ownership – from the moment of taking possession of the goods by the consumer or a third party indicated by him, other than the carrier, and in the case of a contract which:
(i) includes many Goods that are delivered separately, in batches or in parts – from taking possession of the last item, lot or part,
(ii) consists in regular delivery of the Goods for a specified period of time – from taking possession of the first item;
b) for other contracts – from the date of conclusion of the contract.
4. The Consumer may use for this purpose a withdrawal form prepared by the Seller, which is attached to each Order. The Consumer may also use the withdrawal form attached to the Act of 30 May 2014 on Consumer Rights.
5. To meet the deadline for withdrawal from the Purchase Agreement, it is enough for the Consumer to send a statement before the expiry of that period.
6. The statement may be sent via traditional mail to the address of the Seller indicated in section I of the Regulations or by electronic means by sending a statement to the Seller’s e-mail address indicated in section I of the Regulations.
7. In the case that the Consumer sends the statement electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the statement on withdrawal from the Agreement.
8. In the event of withdrawal from the distance contract, the contract is considered as non-concluded.
9. In the event of withdrawal from the Sales Agreement, the Seller shall return to the Consumer without delay, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract, all payments made by him.
10. The reimbursement of the payment shall be made by the Seller using the same payment methods as were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution, which shall not entail any costs for him.
11. The Seller may withhold the return of the payment until receipt of the Product back or until evidence of its return has been provided to him, depending on which event occurs first.
12. The consumer is obliged to return the item to the Seller or hand it over to the person authorized by the Seller for pickup, immediately, not later than 14 days from the date on which he withdrawn from the contract, unless the Seller suggested that he would pick up the item himself. The deadline will be kept if the Consumer sends the Goods before the deadline.
13. The Consumer bears only the direct cost of returning the item, unless the Seller agreed to bear it or did not inform the Consumer about the need to bear these costs.
14. The Consumer is liable for the decrease in the value of the purchased Goods as a result of using the Goods in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
15. The right to withdraw from a distance contract is not applicable to the Agreement:
a) for the provision of Services, if the Seller has fully provided the service with the express consent of the consumer who has been informed before the performance of the service that he will lose the right to withdraw from the contract once the performance has been fulfilled by the Seller;
b) 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,
c) in which the object 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,
d) in which the object of the service is an item that is quickly deteriorating or has a short shelf-life;
e) for delivery of digital content that is not stored on a tangible medium if the fulfilment of the service started with the consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.
16. The Seller is obliged to provide the Client with Goods free from defects. If the Good has physical or legal defects, the Consumer has the right to submit a complaint within 2 (two) years from the date of delivery of the Goods or conducting the Training.
17. Complaints shall be resolved on the principles set out in generally applicable laws, including in particular in art 556-576 of the polish Civil Code.
18. Complaints should be filed in writing or electronically to the addresses of the Seller provided in these Regulations, the Seller shall confirm immediately the receipt of a complaint on a durable medium (for example by e-mail).
19. In order to facilitate the complaint process, the complaint should contain in particular: a description of the defect, circumstances (including date) of its occurrence, data of the Consumer submitting a complaint and Consumer’s demand in connection with the defect of the Goods.
20. The Seller shall respond the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Consumer’s complaint was considered justified.
21. The claimed Goods should be sent to the address given in section I of these Regulations.
22. The Consumer has the opportunity to use extrajudicial means of complaint and redress, including in particular:
a) to appeal to a permanent amicable consumer court with a motion to settle a dispute arising out of the concluded contract,
b) to ask the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller,
c) to use the help of a poviat (municipal) consumer rights advocate or social organization, whose statutory tasks include consumer protection.
23. The detailed information on extrajudicial ways of dealing with complaints and redress is available at www.uokik.gov.pl.
24. The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves the purpose of settling disputes between consumers and entrepreneurs striving for out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
X. FINNAL PROVISIONS
- The Seller reserves the right to temporarily suspend the operation of the Online Store and distribution of its products due to administrative and maintenance work.
- The Seller informs that the Online Store may contain technical and substantive errors which will be verified immediately after their detection.
- The Regulations are available on the Online Store website in the Regulations bookmark.
- In justified cases, the Seller may change the Regulations, however amendments to the Regulations shall not affect already placed Orders as well as contracts concluded, executed or performed.
- The competent court for resolving any disputes arising from the interpretation of these Regulations, as well as the execution of the transaction, is the court locally and materially competent in accordance with the applicable provisions.
- In matters not specified in these Regulations, the provisions of the polish Civil Code shall apply.
- The Regulations shall enter into force on 01.03.2019 and apply to all contracts concluded on that day and after that date.