Terms and Conditions

Terms and Conditions of the Chocolu online store

Good morning!

Below are the regulations of the Chocolu online store, where you will find, among others rules for using the store, registering user accounts, making purchases, submitting complaints, processing personal data.

If you have any questions or concerns regarding the Store, we are at your disposal at biuro@chocolu.pl

Best regards and good luck with your shopping!

Chocolu team

Definitions

For the purposes of these Regulations, the following terms are used:

Buyer – a person with full legal capacity, a legal person or a handicapped legal person,

Consumer – a person with full legal capacity, concluding a contract with the Seller not directly related to its business or professional activity; The consumer is also a Buyer,

Store – online store available at www.chocolu.pl,

Regulations – these regulations, available at WWW.CHOCOLU.PL

Seller – Cukiernia Staropolska Tomasz Machoń 20-388 Lublin, Wólka Abramowicka 47 H Nip 946 – 181-17-58 Regon: 430893924

Introductory provisions

Through the Store, the Seller sells products described on the Store’s websites, while providing the Buyer with electronic services in accordance with § 3 of the Regulations.

The Regulations define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and the Buyer.

To use the Store, it is not necessary to meet specific technical conditions by the computer or other device of the Buyer. The following are sufficient:

Internet access,

standard operating system,

standard web browser,

having an active e-mail address.

The buyer can view the content of the Store without providing personal data, but cannot make a purchase anonymously or under a pseudonym.

It is forbidden for the Buyer to provide illegal content, in particular by sending such content as part of the forms available in the Store.

All prices in the Store are gross prices.

Services provided electronically

Through the Store, the Seller provides the Buyer with an electronic service consisting in providing the Buyer with the possibility of viewing the Store’s publicly available content, which consists of text, graphics and audiovisual content.

The Seller also provides the Buyer with an electronic service consisting in enabling the Buyer to conclude a contract with the Seller for the sale of products described on the Store’s website.

The account stores the Buyer’s data and the history of orders placed by him in the Store. The Buyer logs in to the Account using his e-mail address and the password he has defined.

Creating an account in the Store is done by selecting the appropriate checkbox in the ordering process or by completing an independent account registration form available in the Store. The Buyer may delete the account at any time from the account management panel or by sending a relevant request to the Seller. Deleting the account will not delete information about orders placed using the account, which the Seller will store until the expiry of the limitation period for claims under the contract concluded via the Store.

If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting in sending the Buyer e-mail messages containing information about new products, promotions, services, products related to the Store. Subscribing to the newsletter is possible by completing and sending the subscription form for the newsletter and selecting the appropriate checkbox in the ordering process. The buyer may at any time unsubscribe from the newsletter by clicking the unsubscribe button visible in each message sent as part of the newsletter or by sending a relevant request to the Seller.

The services referred to above are provided to the Buyer free of charge. On the other hand, sales contracts concluded via the Store are payable.

In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.

The Seller takes steps to ensure that the Store functions properly. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.

Any complaints related to the provision of electronic services and the functioning of the Store, the Buyer may submit via e-mail to the e-mail address EMAILbiuro@chocolu.pl. In the complaint, the Buyer should provide data allowing him to be identified as a user of the Store, as well as the type and date of irregularities related to the functioning of the Store. The seller will respond to the complaint within 30 days of its receipt.

Intellectual Property Rights

The Seller hereby instructs the Buyer that the content available on the Store’s websites are works within the meaning of the Act of February 4, 1994 on copyright and related rights, to which the Seller is entitled.

The Seller hereby instructs the Buyer that the further distribution of the content by the Buyer without the consent of the Seller, except for the use of the content as part of the permitted personal use, constitutes an infringement of the Seller’s copyright and may result in civil or criminal liability.

Order

The buyer can place an order as a guest or as a registered customer.

A registered customer is a Buyer who has a user account in the Store. The buyer may also create a user account at the stage of placing the order.

Placing an order is done by completing the order form after adding the products of interest to the Buyer to the basket. It is necessary to provide the data necessary to complete the order in the form. At the stage of placing the order, the method of delivery of the ordered products is also selected and the method of payment for the order is selected. The condition for placing an order is the acceptance of the Regulations, which the Buyer should read in advance. In case of any doubts regarding the Regulations, the Buyer may contact the Seller.

The ordering process is completed by clicking the button finalizing the order. Clicking the button finalizing the order is the Buyer’s declaration of will leading to the conclusion of the contract for the sale of products covered by the order with the Seller.

If the Buyer has chosen to pay online, after clicking the button finalizing the order, he will be redirected to the payment gateway operated by an external payment operator to make payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking the button finalizing the order, he will be redirected to the Store’s website with instructions for making the payment. The payment for the order should be made within 48 hours from the conclusion of the contract.

The buyer has the option to modify the order placed. In order to make changes, the Buyer must contact the Seller, who will confirm whether, due to the stage of order fulfillment, it is still possible to introduce modifications. If a change is possible, the Seller will inform the Buyer about it and indicate whether it entails changes in the price, delivery time or other important aspects for the Buyer. If it is not possible to make changes or the Buyer does not accept the effects of the change, the Buyer has the right to cancel the order, provided that it has not yet been processed.

The Buyer must provide true personal data in the order form. The buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when these data raise reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by phone or e-mail about the Seller’s doubts. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide any explanations after the Buyer has made contact.

The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such authorization in accordance with paragraph 7 above.

Forms of delivery and payment methods

The available order delivery methods are described on the Store’s website and presented to the Buyer at the ordering stage.

The available payment methods for the order are described on the Store’s website and are presented to the Buyer at the stage of placing the order.

The cost of delivery of the order is borne by the Buyer, unless the Seller indicates otherwise.

The Seller has the right to decide to divide the order into several separate shipments without incurring additional costs by the Buyer.

The payment operator is

The payment card operator is COMPANY DATA

The invoice documenting the sale will be delivered to the Buyer by e-mail.

Execution of the contract

The execution of the order consists in completing the ordered products, packing them for delivery to the Buyer and sending the shipment to the Buyer in accordance with the form of delivery selected by the Buyer.

The order is considered completed at the moment of sending the shipment to the Buyer (entrusting the shipment to the carrier involved in the transport).

The order fulfillment time is always indicated for each product. The ordered products should be delivered to the Consumer within 30 days, unless a longer period has been clearly indicated by the Seller in the product description. In such a situation, when placing an order, the Buyer agrees to a longer order fulfillment period resulting from the product description.

If the Buyer has ordered products with different delivery times indicated, the Seller is bound by the deadline for completing the entire order, the longest of all products included in the order, and the Seller may propose to divide the order into several independent shipments for the purpose of accelerating the delivery time for some products.

Consumer’s withdrawal from the contract

A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased items.

Starting from 01/01/2021, the right to withdraw from the contract on the terms described in this paragraph and resulting from the Act on consumer rights is also available to a natural person concluding a contract with the Seller directly related to his business activity, if the content of this contract shows that no it has a professional character for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Therefore, when this paragraph refers to the rights of the Consumer, starting from 01/01/2021, these rights also apply to a person who meets the above criteria.

To withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement – for example, a letter sent by post or e-mail.

The consumer may use the model withdrawal form available at www.chocolu.pl, 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 the consumer’s right to withdraw from the contract before the deadline to withdraw from the contract.

The consumer is obliged to return the product to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller suggested that he will pick up the item himself. To meet the deadline, it is enough to return the product before its expiry

The consumer bears the direct cost of returning the goods.

In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer, including the cheapest cost of delivering the products available in the Store (if the cost was covered by the Consumer), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the performance the right to withdraw from the contract. The reimbursement will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to a different solution. In any case, the Consumer will not incur any fees related to the form of reimbursement.

If the Seller has not offered to collect the item from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or until the Consumer provides proof of its return, depending on which event occurs first.

The consumer is responsible for the reduction in the value of the product as a result of using the product in a way that goes beyond what is necessary.

Unacceptable Behavior

The User is obliged to use the Store in a manner consistent with the law, morality and the Regulations. It is not allowed, in particular:

sending illegal content via the forms available in the Store, in particular content that is offensive, racist, discriminatory, inciting to aggression or hatred, sexist, pornographic,

using the Store to conduct marketing activities, in particular publishing advertising, marketing, promotional and sales comments in the Store,

publishing in the Store content that violates other people’s personal rights or intellectual property rights, in particular copyrights,

using the Store in a way that is burdensome for other Users or the Seller,

taking any actions to disrupt the proper functioning of the Store, in particular by using malicious software,

using the content available in the Store beyond the limits of permitted personal use, in particular disseminating this content outside the Store,

sharing user account access data with other people.

In the event of unauthorized use of the Store, the Seller may terminate the user account agreement with immediate effect by sending relevant information to the e-mail address assigned to the user’s account and block the User’s access to the user’s account.

Liability for defects

The Seller is obliged to provide the Consumer with a product free from defects.

The Seller is liable to the Consumer if the sold product has a physical or legal defect (warranty for defects).

If the Buyer does not conclude a contract with the Seller as a Consumer, he accepts the fact that the Seller’s warranty for defects in the sold item is excluded.

If the sold product has a defect, the Consumer may:

demand replacement of the product with a product free from defects,

demand that the defect be removed,

submit a price reduction statement,

submit a declaration of withdrawal from the contract.

If the Consumer finds a defect in the product, he should inform the Seller about it, specifying his claim related to the defect or submitting a relevant statement.

The consumer may use the complaint form available at chocolu.pl, but it is not obligatory.

The consumer may contact the Seller both by traditional mail and by e-mail.

The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint by the means of communication with which the complaint was submitted.

Details regarding the Seller’s warranty for defects are governed by the provisions of the Civil Code (Articles 556 – 576).

Personal data and cookies

The Seller is the administrator of the Buyer’s personal data.

The Buyer’s personal data is processed for the following purposes and based on the following legal grounds:

conclusion and performance of a user account agreement – art. 6 sec. 1 lit. b GDPR,

conclusion and performance of a sales contract – art. 6 sec. 1 lit. b GDPR,

implementation of tax and accounting obligations – art. 6 sec. 1 lit. c GDPR,

defense, investigation or determination of claims related to the contract, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR,

identification of the returning customer, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR,

creating an archive for the possible need to defend, establish or pursue claims – art. 6 sec. 1 lit. f GDPR,

handling inquiries from Buyers who have not yet concluded the contract, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR,

sending the newsletter, after prior consent – art. 6 sec. 1 lit. a GDPR.

The following entities may participate in the processing of personal data as processors: hosting provider, software suppliers in which personal data are processed (e.g. mailing system, invoicing system), subcontractors gaining access to personal data in connection with the performance of their duties or commissioned to them services. All processing entities are related to the Seller by contracts for entrusting the processing of personal data and guarantee an appropriate level of personal data protection.

Personal data may be transferred to courier companies for the purpose of delivery of orders and to law firms to provide legal assistance to the Seller, if such assistance requires access to personal data. In addition, personal data may be transferred to tax offices to the extent necessary to perform tax, settlement and accounting obligations, and to entities, authorities or institutions authorized to obtain access to data on the basis of legal provisions, such as the police, security services, courts, public prosecutor’s offices.

The Buyer’s personal data is stored in the Seller’s database throughout the entire period of conducting business in order to ensure the possibility of identifying the returning customer, which, however, may be objected by the Buyer by requesting the deletion of his data from the Seller’s database. If such an objection is submitted before the expiry of the limitation period for claims under the concluded contract, the Seller will have an overriding interest in storing the Buyer’s data until the expiry of the limitation period for claims. Accounting documentation containing the Buyer’s personal data is kept for the period required by law.

Buyer’s rights related to the processing of personal data: the right to request the Seller to access personal data, rectify it, delete it, limit processing, the right to object to the processing, the right to transfer data, the right to withdraw consent to the processing of personal data, the right to file a complaint to the President of the Personal Data Protection Office.

Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, conclude a contract or subscribe to the newsletter.

The store uses cookie technology. Own cookies are used for the proper functioning of the Store and for statistical purposes related to determining the Buyer’s location. Third party cookies are related to the Administrator’s use of tools provided by third parties:

Google Analytics,

Facebook Pixel,

Social tools cookies,

Google Ad Sense.

Details related to personal data and cookies are described in the privacy policy available at www.chocolu.pl

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

The consumer has the option of using extrajudicial means of dealing with complaints and redress. Among other things, the consumer has the option to:

to apply to a permanent amicable consumer court with a request to settle the dispute arising from the concluded sales contract,

apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Buyer and the Seller,

use the help of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.

For more detailed information on out-of-court complaint and redress procedures, the Consumer may search on the website https://polubowne.uokik.gov.pl.

The consumer may also use the ODR Store, which is available at http://ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.

Final Provisions

The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products on the Store’s websites without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded prior to the change.

The Seller reserves the right to make changes to the Regulations. Sales contracts concluded before the amendment to the Regulations shall be governed by the Regulations in force on the date of conclusion of the contract. The buyer who has a user account in the Store will be informed of any change to the Regulations to the e-mail address assigned to the user account. If the amended Regulations are not accepted, the Buyer may terminate the user account agreement with immediate effect (delete the user account) without incurring any costs.

The law applicable to sales contracts concluded via the Store is Polish law. The choice of foreign law, however, does not deprive the consumer of his rights under the mandatory provisions of the law of the country of his permanent residence.

Any disputes related to contracts concluded via the Store will be considered by the Polish common court competent for the place of permanent business activity by the Seller. This provision does not apply to Consumers for whom the property is considered on general terms. Starting from 01/01/2021, this provision also does not apply to a natural person concluding a contract with the Seller directly related to his business activity, when the content of this contract shows that he does not have a professional nature for that person, resulting in particular from the subject of the performed by her economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity – in the case of such a person, the court’s jurisdiction is considered on general principles.

These Regulations are valid from November 16, 2020