Terms of use applicable for "Sadecki Bartnik" Online Store www.sklep.bartnik.pl
Sale by means of remote communication and provision of services by electronic means.
The Terms of use specify the conditions of using the Online Store available at www.sklep.bartnik.pl.
Seller - Gospodarstwo Pasieczne „SADECKI BARTNIK” Limited Company based in Stroze (NIP no: 7343533509; REGON: 362103984; KRS: 0000570414), is the legal successor of Janusz Kasztelewicz – Gospodarstwo Pasieczne „Sadecki Bartnik” A. i J. Kasztelewicz Stroze 235, 33-331 Stroze, Nowosadecki Province, NIP no.: 7380000049, REGON 490072600 which was established due to transformation in accordance with Art. 551 § 5 in conjunction with Article 584 of the Commercial Companies Code of 15 September 2000 (pursuant to Commercial Companies Code, Polish Journal of Laws no. 2013, item 1030), hereinafter alternatively referred to as „Service provider”.
The Service provider can be contacted on the following phone numbers: +48 18 414 05 50 ext.90, +48 666 378 629 or via e-mail: sklep@bartnik.pl
§ 1 Glossary
The terms used in this document shall mean the following:
1. The terms of use – the Terms of use applying to the Online Store. The services provided through electronic means, terms of use is the terms of use in accordance with the Act of Consumer Rights from 30 May 2014 (Polish Journal of Laws 2014, items 827).
2. Customer – a person who is at least 13 years old, whereas unless such person is under 18 years old, a consent given by their legal representative is required, unless such person has full capacity to perform acts in law; also a legal person or a business unit without legal personality, to whom the legal regulations grant legal capacity, who uses the Online Store, and in particular, submits an order according to the regulations specified herein (including Consumer).
3. Consumer – a Customer who is a physical person with legal capacity, using the Online Store for purposes not directly related to its business or professional activity,
4. Subject of the transaction – goods and services listed and described in the Online Store. The Seller makes every effort to present updated offer. Nevertheless if the ordered item occurs to be out of stock, the Seller shall be obliged to immediately inform the Customer by phone or e-mail.
5. Goods – movable item of the sale agreement.
6. Additional service – service provided by the Service provider for the Customer outside the Online Store in accordance with the nature of sold goods.
7. Product – goods and services additionally presented in the Online Store.
8. Sale agreement – sale agreement in the meaning of Civil Code, for provision services by electronic means (also via phone) between the Service Provider and the Customer.
9. Online Store – „Sadecki Bartnik” (Store, Online Store) that is an Internet service available at www.sklep.bartnik.pl, via which the Customer can purchase a product.
10. Parties – Service provider and Customer.
11. The Store website – every website or subpage available on www.sklep.bartnik.pl
12. Order –shall mean the declaration of will of the Customer determining the kind and number of Products, which subsequently flows directly into the conclusion of the contract by means of remote communication through the Online Store.
13. Entrepreneur – A Customer who is a legal entity, or organizational entity not being a legal person, but to whom special regulations grant legal capacity, natural legal person making purchase directly or indirectly associated with his/her business activity or occupation, identification of the entity through a NIP no. in order to buy in the Store.
14. Entrepreneur with the rights of a Consumer - a Customer who is a physical person concluding a contract directly related to his business activity, when the content of this contract shows that he does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity
15. Force Majeure (unexpected event) – The Seller shall not be liable for any delay in delivery or for non-delivery, in whole or in part, caused by the occurrence of any event beyond the control of the Seller, including but not limited to, natural disaster, terrorist attack, or a threat of the attack, giving incomplete data or data that causes confusion and which prevents the fulfillment of the order, inability to make contact with the Customer and other cases stated in this Terms of use, which will be treated by the Sides as circumstances without fault that disenabled towards purchase/sale contract to be accomplished, treated as circumstances justifying withdrawal from a contract. Expiration of the use-by period and shelf life are not considered as the force majeure.
§ 2 General principles
1. The Terms of use concerns all Customers of the Online Store. The Customer is obliged to observe all the provisions included herein. The sale is performed on the basis of the version of the Terms of use that is effective at the moment of placing an order. The Customer is entitled to use the Online Store according to its purpose.
2. The Online Store "Sadecki Bartnik" carries out a retail activity through the Internet.
3. After placing an order the Customer receives an e-mail with information of its acceptance. Placing an order is tantamount to accepting the Terms of use of the Online Store "Sadecki Bartnik".
§ 3 Placing orders
1. All product prices presented on the Online Store are gross prices in Polish currency that is zloty (zł) or EURO including VAT. Shipment and storage costs are not included in the prices presented on the Online Store. They will be charged and given to the Customer in the Order Summary. The Customer will receive a confirmation of the order by e-mail provided while placing the order in the online store available at www.sklep.bartnik.pl.
2. The information about the price available on the Online Store website is binding from the moment of placing an order.
3. The products on special price displayed in the Sale/Special price tab on the website of the Online Store www.sklep.bartnik.pl cannot be combined with other promotional campaigns (discount codes), e.g. an individual Customer discount.
4. Discount codes: The Customer activates the discount by adding the selected product from the list to the Cart, and then entering the discount code in the space marked "Coupons". After entering the correct code and accepting it with the "Add code" button visible next to the "Coupons" space, the Customer is granted a discount calculated on the current retail price of the product in accordance with the rules set out in these Regulations. Discount codes have specific expiry dates. After they expire, you will not be able to use the codes.
5. You can place an order via website, by the phone or via e-mail.
6. The orders for Products in the "Sadecki Bartnik" Online Store available at www.sklep.bartnik.pl can be placed for the first time by creating a new Customer account or choosing an option of placing an order without the necessity to register. In both cases submitting personal details by the Customer is required: name and surname, address, phone number (landlines with dial code) and e-mail address. Those data is necessary to finalize the order quickly and without disturbances, to make contact with the Customer if need be stated in this Terms of use. The rest of the boxes are optional and can be fulfilled, changed or deleted by the Customer (at any time).
7. Incorrectly field registration form, false address or contact data may result in delay or even make it impossible to finalise the order.
8. The Customer can make changes in the order or withdraw it by a phone call, up to the moment of shipment, subject to cases stated in § 6 point 4 of this Terms of use.
9. If the Customer's data or the order raises concerns of the customer service, the Online Store "Sadecki Bartnik" can confirm the order by making contact with the Customer by phone or via e-mail.
10. Placing order in the Online Store can be performed 24 hours a day, 7 days a week all year round. Orders made by phone are only possible within working hours of the customer service that is from Monday to Friday from 8 am to 4 pm.
11. In case the data is incomplete, the Seller contacts the Customer. The Seller has the right to cancel the Order within 5 days from the inability to contact the Customer in the event of incomplete data provided.
12. The Customer agrees to issue and receive via e-mail documents such as: VAT invoices with attachments, correcting VAT invoice with attachments and forms.
13. While placing an order via Online Store the Customer agrees to store his personal details in the data base of the Online Store that were submitted during order placement procedure to complete the order placed in the Online Store. The Customer has the right to review, correct his personal data and also he can demand to delete it.
14. The process of placing next order can be improved by choosing a "remember me" option by the Customer. In that case the Customer should give the login and the password, necessary to have access to his account. The Customer's e-mail address is the login. The password is the sequence of signs chosen by the Customer. The Customer's password is not known to the Seller. He is obliged to keep it secret and unauthorised access.
15. After sending an order, the Customer shall receive an automatic confirmation of order completion acceptance from the Online Store.
16. The time of finalising an order starts when the Seller receives the money on the bank account given in the order confirmation through bank transfer or the moment of accomplishing an order with card payment.
17. The Seller reserves the right to change prices in the online store's offer during the day without beforehand information. In case when the price change took place after placing an order by the Customer, the Seller is obliged to inform the Customer about it. If the new price for a specific product is not accepted, the Customer may withdraw from the contract The price changes do not apply to orders that are being finalise, which have "Shipped" or "In preparation" status.
18. The Online Store "Sadecki Bartnik" offer is made of information from cooperating suppliers and the list of available Goods is systematically updated. However, it may occur that the ordered Product is temporarily out of stock. In such case, the Online Store "Sadecki Bartnik" makes every effort to inform the Customer as soon as possible. The Customer may then, for example, make changes to the order, cancel it (in whole or in part), or agree to extend the duration of the order fulfilment.
19. The Online Store "Sadecki Bartnik" offer is made of information from cooperating suppliers and the list of available Products and Goods and is dedicated to Customers from and indicating place of delivery: Poland, Austria, Belgium, Bulgaria, The Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, The Netherlands, Ireland, Lithuania, Latvia, Germany, Portugal, Romania, Sweden, Slovakia, Hungary, Italy.
20. The Online Store "Sadecki Bartnik" makes every effort to present information of available Products on www.sklep.bartnik.pl up to date.
§ 4 Delivery, costs and date of shipment
1. Delivery of Goods from the Online Store "Sadecki Bartnik" are performed by a courier company.
2. Zero waste principle – by caring for the environment the online store “Sądecki Bartnik” gives a second life to packaging. Your order will be packed into secondary packaging.
3. Delivery of Goods from the Online Store "Sadecki Bartnik" are performed by a courier company chosen by the Online Store "Sadecki Bartnik" to Customers from Poland,Austria, Belgium, Bulgaria, The Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, The Netherlands, Ireland, Lithuania, Latvia, Germany, Portugal, Romania, Sweden, Slovakia, Hungary, Italy and to the territories of countries mentioned above.
4. Ordering and shipping from the Online Store "Sadecki Bartnik" to a different territory than stated in 1 and 2 Act shall be performed only after making adequate arrangements with the Online Store "Sadecki Bartnik” by phone +48 184140550, 666 378 629 or via e-mail: sklep@bartnik.pl
5. The total cost of the shipment depends especially on the country of delivery, way of delivery, currency of delivery and the total weight of the purchased Products and is automatically calculated and given to the Customer while placing an order.
Table 1: Delivery costs within Poland*
DPD courier - payment by bank transfer/credit card:
up to 5 kg – 16,00 PLN / 3,40 EUR
5 kg - 15 kg – 17,00 PLN / 3,60 EUR
15 kg - 30 kg – 19,00 PLN / 4 EUR
DPD courier – cash on delivery:
up to 5 kg – 15,80 PLN / 3,66 EUR
5 kg - 15 kg – 16,80 PLN / 3,88 EUR
15 kg - 30 kg – 17,20 PLN / 4,00 EUR
Inpost courier - payment by bank transfer/credit card:
up to 5 kg – 17,00 PLN / 3,60 EUR
5 kg - 15 kg –18,00 PLN / 3,80 EUR
15 kg - 30 kg – 20,00 PLN / 4,30 EUR
Inpost courier – cash on delivery:
up to 5 kg – 18,00 PLN / 3,80 EUR
5 kg - 15 kg –19,50 PLN / 4,15 EUR
15 kg - 30 kg – 21,00 PLN / 4,47 EUR
Parcel locker: 17,00 PLN / 3,60 EUR (parcels up to 20 kg)
Collection in person in Stroze: 0 PLN
* Free delivery applies to orders over 280 PLN /60 EUR only within Poland
Delivery costs to selected European Union countries:
In the Online Store available at www.sklep.bartnik.pl, shipping costs do not constitute a separate service, but are part of the basic activity which is the sale of Goods. If the subject of delivery are goods taxed with a tax rate of 23%, then the same VAT rate should be applied to the costs of shipment carried out by the courier company. However, when one receipt/invoice includes items taxed with the rate of 8% or 23%, then the shipping costs should be assigned to individual Goods and the same rate should be applied to the shipping costs as for the Goods they are related to.
6. The Products are send to the Customer's address: appointed in the order form, given on the phone or via e-mail. The Online Store informs promptly about incorrectly filled order form, which disenables the shipment or may cause a delay.
7. The Products are delivered via specialised transport companies. There is a possibility to collect some Products personally.
8. The Products are sent within 7 (seven) working days from order acceptance. Courier company gives an approximate time of delivery, depended on the country chosen, however the time shall not exceed to 10 (ten) working days, except in cases of force majeure.
9. In case of outsize load or Products of weight other than stated in the § 4 Act as e.g. honey extractors, steel tanks for honey, the purchase shall be realised only by prior contact with the customer service. In such cases the transport is determined individually by parcels service.
§ 5 Payments
1. We issue a receipt or a named invoice for each order.
2. The Customer is entitled to select payment method for the Product ordered: cash on delivery (money paid to the person acting as a carrier), by a credit or debit card or by PayU electronic transfer.
3. Provisions of section 2. are not applicable to sections 2 and 3 in paragraph 4.
4. In some type of Products the Seller reserves the right to restricts on the payment method through excluding certain payment methods on the Store website.
§ 6 Goods reception
1. Deliveries are realised subject to the provisions of paragraph 4., section 2. and 3. within the territory of the Republic of Poland.
2. Every Customer of the Online Store "Sadecki Bartnik" should examine the condition of the package upon reception. The content of the parcel should be checked in order to ensure that the delivered Products have not been subject to any damage during the shipment. Special attention should be paid to the state of seals (tapes) on the package. If the packaging has signs of damage, or if the seals (tapes) are torn off, the Customer is obliged to prepare a damage protocol in the presence of the courier and as soon as possible contact the Seller in order to clarify the matter. Verification of the package on receipt is essential to take account of any customer’s claims for damage or robbery in transportation.
3. In the event that the item is found to be damaged, The Customer together with the courier should draw a protocol of damage. The Customer should inform the Seller about the damaged parcel as soon as possible (not later than up to 24 hours), by phone or e-mail sklep@bartnik.pl
4. The offer of Products on the Online Store "Sadecki Bartnik" and this Terms of use are relevant within the Republic of Poland and in each case of purchasing with indication of shipment country of Austria, Belgium, Bulgaria, The Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, The Netherlands, Ireland, Lithuania, Latvia, Germany, Portugal, Romania, Sweden, Slovakia, Hungary, Italy by the Customer from Austria, Belgium, Bulgaria, The Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, The Netherlands, Ireland, Lithuania, Latvia, Germany, Portugal, Romania, Sweden, Slovakia, Hungary, Italy.
5. Any attempts of the Entrepreneur to withdraw, resign or rescind of contract will be refused unless they will be caused by an unexpected event.
6. In case of Entrepreneurs, provisions in items 556-576 of the Civil Code are excluded.
7. The Online Store "Sadecki Bartnik" reserves the right to withdraw certain Products or change their price, without notice.
8. The Online Store "Sadecki Bartnik" attempts to describe Products in an accurate and reliable way. In case of doubt about the Products features or use please visit the manufacturers website or contact the Online Store customer service via phone or e-mail.
9. The Customer of the Online Store "Sadecki Bartnik" accepts that photographs of Products and Goods presented on the Store's website may but only slightly differ from their real colour, shape or pattern.
§ 7 Eligibility to withdraw
1. The Consumer and Entrepreneur with the rights of a Consumer who concluded a distance contract has the right to withdraw from the contract without giving a reason by submitting an appropriate statement in writing. However, it is limited in time and is only valid for 14 days (in accordance with the Consumer Rights Act of May 30, 2014). This deadline is counted from the date of giving out of the product, and when the contract concerns the provision of the service - from the date of its conclusion. To meet this deadline, it is enough to send a statement, (attachment no. 1) before its expiry.
2. The right indicated in this paragraph applies only to consumer sales, and hence only to cases where Goods are sold to an natural person making the purchase not in relation to professional or business activity (the consumer and entrepreneur with the rights of a consumer).
3. The provisions concerning the Consumer contained in this chapter - "Eligibility to withdraw" apply to the Entrepreneur with the rights of a Consumer.
4. Pursuant to Article 38 of the Act on concumer rights from 30 May 2014, the right to withdraw from the agreement concluded remotely is not granted to the Consumer with respect to the following agreements:
- 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 inception of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract;
- in which the subject of the service is a non-prefabricated item, produced 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 item delivered in a sealed package that cannot be returned after unpacking due to health safety or hygienic issues if the package has been opened following the delivery;
- in which the subject of the service are items which after delivery they are, due to their nature, inseparably connected with other items;
- in which the subject of the service are sound recordings or audiovisual recordings and computer programs delivered in sealed package if unsealed after delivery;
- the supply of journals, periodicals or magazines with the exception of subscription contracts for the supply of such publications;
- agreed upon public auction;
- for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
- the supply of digital content which is not recorded on a tangible medium has begun with the consumer's prior 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
5. Subject to provisions of paragraph 4 mentioned above,in the event of exercising the right to withdraw from the contract. The Seller does not cover the costs of Products return made by the Customer to the Online Store.
6. Cancellation of the shipment by the Consumer or the Entrepreneur with consumer rights takes place in accordance with the Act on consumer rights of May 30, 2014.
7. The Customer includes to the return Goods the written declaration on the sales agreement withdrawal together with a bank account number on which the Seller will return the payment.
8. Up to 2 working days starting from the day of receiving the Product together with the declaration on the sales agreement withdrawal, the Store will examine the Product and a corrective invoice will be issued. Such invoice and its copy will be sent to the Customer by priority letter. The Customer should sign the copy of corrective invoice and send it back. Within 7 working days from receiving it, the Store will return the payment on the account indicated by the Customer.
§ 8 Complaint procedure
1. In accordance with Customer's Rights the Polish Civil Code, the Customer has the right to make a complaint regarding product defects within 14 days from the package reception date together with the intact Goods in the original packaging.
2. In order to make a complaint it is necessary to contact customer service of the Online Store "Sadecki Bartnik" by phoning: +48 18 414 05 50 or via e-mail: sklep@bartnik.pl. The Customer returns the Products on his own expense, securing it appropriately for the time of shipment.
3. The Online Store "Sadecki Bartnik" allows the possibility to exchange purchased Products prior to determining it with the customer service.
4. All Products available in the Online Store are subject to a guarantee which usually lasts 12 months, unless the included written guarantee states otherwise. Some Products have manufacturer's or distributor's guarantee which means that it shall be realised only in services pointed by Gospodarstwo Pasieczne „Sadecki Bartnik”.
5. Due to specific features of food Products the Online Store „Sadecki Bartnik” recommends the necessity to notify the Seller of the lack of conformity without delay within 3 days of receiving the Goods.
6. All products defects, their inappropriate operating shall be notify in a written form without delay with a detailed description of the damage via e-mail sklep@bartnik.pl or by post.
7. In the event of a defect in the Goods, the Consumer or the Entrepreneur with Consumer rights sends back to the Seller's address the faulty goods together with a letter specifying the non-compliance and expectations regarding the manner of fulfilling obligations.
8. The guarantee does not cover Products that have been destroyed, damaged, modified or improperly used by the Customer or third parties.
9. The Online Store "Sadecki Bartnik" makes every effort to ensure that the complaint processing shall be as short as possible.
10. The Seller, on the basis of the general provisions of law, sells items free from defects, with the proviso that pursuant to Art. 558 § 1 of the Civil Code, the warranty excludes the Entrepreneurs. The provisions on the warranty and the provisions of the Regulations concerning the Consumer apply to Entrepreneurs with consumer rights.
11. If a complaint is found justified, the Seller delivers - at his expense - missing or free of defects Goods, repairs, exchange faulty parts, returns the payment or proposes adequate discount. The manner in which the complaint shall be conducted is agreed with the Customer.
12. The Customer informs the Seller about damage of purchased Products. The Customer should withhold with Product return until the customer service submits confirmation.
13. If essential conditions to positive opinion of the complaint procedure are fulfilled, the Online Store "Sadecki Bartnik" accepts the complaint to be examine and begins the corrective process.
14. If documents of complaint, accordingly to attachment no. 2 will not be included to the parcel, the Online Store "Sadecki Bartnik" shall inform the Customer about it and will wait for the documents for 2 weeks from the moment of receiving the Goods, without starting the corrective process.
15. The Seller is obliged to complete the complaints handling process within 14 working days from receiving the complaint from the Customer.
16. The Seller - on its own expense - sends new or repaired Goods to the Customer via courier company. In the case of delay in timely collection of the parcel, its next attempt of delivery even successful, takes place on the expense of the Customer.
17. Should you have any enquiries connected with complaint process, the Online Store is available on phone no. +48 18 414 05 50 ext. 90 or by e-mail: sklep@bartnik.pl.
18. Products of complaint should be sent to the following address: Gospodarstwo Pasieczne „Sadecki Bartnik” sp. z o.o. 33-331 Stroze 235 Poland.
§ 9 Private policy and personal data protection
1. We assure you that the only administrator of the personal data disclosed by the Customers is Gospodarstwo Pasieczne „Sadecki Bartnik” Ltd. with its head office in Stroze 235, 33-331 Stroze.
2. Every person who shares their personal details is entitled to review, change and cease disclosing their personal details. The following personal data Private Policy was drawn up on the basis of Personal Data Protection Act of August 29, 1997 (i.e. Journal of Laws of 2002 no. 101, item 926 as amended).
3. Personal data is used for realizing the order of Products available in the Store. Therefore, it can be pass on to the courier company, or in case of hire-purchase to credit institutions. Customers shall be entitled to access and modify their personal data.
4. The data is transmitted on a voluntary basis.
§ 10 Final provisions
1. For any matters not covered by these Terms of use, the provisions of the Polish Civil Code of 30 March 2014 on the consumer rights protection and the Act of 23 April 1964 shall apply.
2. The disputes arising from the application of these Terms of use and in relation to the execution of agreement contracted between the Store and the Customer, shall be considered by the Court having jurisdiction under the provisions of the local and subject matter in accordance with the generally applicable laws.
3. The Seller reserves the right to change the Terms of Use at any time. Changes in the Terms of Use apply from the moment of clear indication of such changes and posting them on the Online Store website, nevertheless, sales agreements concluded prior to change in the Terms of Use shall be subject to the provisions included in the Terms of Use effective heretofore.
4. The Seller ensures the Customer of correct functioning of the Online Store in the following browsers: IE 7, Firefox 10, Opera 10, Safari 5, Chrome 20 - or recent/ higher, on screens above 1024 px horizontal resolution. Javascript and Cookies are required for proper operating. Using third-party software which have an impact on functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may influence correct displaying of the Online Store.
5. The languages applicable in the Online Store are Polish and English, and binding regulations are of Polish and EU law.
6. For any matters not covered by these Terms of use, suitable provisions of the Polish law shall apply.
7. The offer presented on the Online Store "Sadecki Bartnik" shall not constitute an offer within the meaning of the Civil Code, therefore, placing an order is not a contract. Customer’s order form is considered to be an offer of buying particular products.
8. It is necessary for the Customer to read and accept the Terms of Use to place an order.
9. The "Sadecki Bartnik" Online Store does not sell alcohol by mail order.
Attachment 1: Withdrawal form (.pdf)
Attachment 2: Complaint form (.pdf)