REGULATIONS OF THE CHEMIKOLOR ONLINE STORE
The Regulations are valid from 01.01.2023
The online store operating at the address sklep.chemikolor.pl is run by PUH CHEMIKOLOR Spółka Akcyjna, entered by the District Court for Łódź - Śródmieście XX Department of the National Court Register under KRS number 0000145766, NIP 726-000-10-81, REGON number 4700017002, with its registered office in Łódź at Morgowa 4 Street. Capital: PLN 512,064.00 fully paid-up.
§ 1 General provisions
1. The Online Store sells goods via the Internet in the form of a distance contract between the ordering party, hereinafter referred to as the Customer, and Chemikolor, hereinafter referred to as the Seller or the Online Store.
2. The online store sells goods via the Internet only in Polish.
3. Commercial information posted on the store's website does not constitute an offer within the meaning of the Civil Code, but only constitutes an invitation to submit offers.
4. The Seller declares that all goods offered in the online store are brand new, free from physical and legal defects and have been legally introduced to the Polish market.
5. All goods available in the online store are covered by the manufacturer's warranty.
6. The price offer of goods, presented in the online store, applies to and applies only to online sales and is different from retail sales conducted in stationary stores.
§ 2 Registration
1. In order to Register in the Store (set up a Customer account), you must complete the registration form, giving, among others: name and surname, address of residence, active e-mail account (e-mail address), telephone number, access password. In the course of the Registration procedure, the Customer may agree to receive commercial information from the Seller, to the e-mail address provided during registration, in accordance with the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204). This consent is voluntary.
2. The Client should not make his/her Account available to third parties, unless the Account holder is a company that makes the created Account available within the scope of the organizational structure of its enterprise.
3. Registration in the Store, as well as the use of the Store's functionalities, are free of charge.
4. After registering in the Store, each login takes place using an e-mail address and access password.
5. In order to delete the Customer's account, an e-mail with a request to delete the Account should be sent to the e-mail address sklep@chemikolor.pl
6. The Customer may at any time withdraw consent to receive commercial information from the Seller referred to in paragraph 1 above by sending a relevant statement by e-mail to the e-mail address.
§ 3 Placing orders and their implementation
1. Orders are accepted via the website of the sklep.chemikolor.pl store, or by e-mail to the address sklep@chemikolor.pl.
2. Upon placing an order by the Customer via the Account, in which he confirms that the order entails an obligation to pay, the Customer accepts the conditions contained in these Regulations. In the case of placing an order via e-mail, the Customer is obliged to send a separate message confirming that he accepts the order with the obligation to pay. Lack of confirmation of the above information by the Customer results in the lack of an effectively concluded contract.
3. The customer receives a confirmation of placing the order by e-mail within 2 business days and acceptance for execution.
4. Acceptance for the execution of the order begins:
a. in the case of orders paid on delivery, at the time of confirmation by the Customer of the data contained in the order form,
b. in the case of orders paid on a prepayment basis – at the time of booking the funds with the given pro-forma invoice number on the bank account of PUH "CHEMIKOLOR" S.A. Bank SGB O/Łódź number 28 1610 1364 2104 0320 1178 0001.
5. In the event of unavailability of part or all of the goods covered by the contract, the delivery period may be extended. The customer is informed about the status of the order and the date of the order.
6. In the case of promotional sales, the quantity of goods is limited and orders are processed in the order in which confirmed orders for these goods are received, until stocks covered by this form of sale are exhausted.
7. The term of the contract does not exceed 5 business days. An exception may be orders for items not in stock at the time of ordering. In this case, the deadline may be extended, about which the Customer will be informed immediately.
8. Orders and, consequently, the purchase of a commodity group – plant protection products may be made only by adults.
§ 4 Payments
1. All prices in the online store are gross prices expressed in Polish zlotys and include VAT.
2. The prices of goods do not include shipping fee. The shipping fee is a separate line item of the order.
3. The customer can choose the following forms of payment for the ordered goods:
a. cash on delivery – the payment is collected by the courier delivering the parcel or is collected in an InPost Parcel Locker,
b. by bank transfer to the account of the online store sklep.chemikolor.pl (prepayment of the entire order value)
c. fast online payment (Przelewy24/credit card) – a secure form of payment on the Internet with payment cards and the so-called fast transfer from most Polish banks.
4. A receipt or VAT invoice is issued for each completed order.
§ 5 Delivery and collection of goods
1. Delivery of goods takes place via Polish Post, courier company or InPost parcel lockers. It is also possible to collect the goods directly in the store (warehouse address: Morgowa 4, 91-223 LODZ, Poland).
2. It is not possible to deliver goods outside the Polish, a foreign customer may pick up the purchased goods in person in the Store or order shipment to any place in the Polish, the above is dictated by the specificity of the products sold (chemical articles, seeds, etc.). Trade in these products on markets other than Polish may be regulated by specific regulations, therefore the Seller uses the right provided for in Article 4(1)(a) of Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on unjustified geo-blocking and other forms of discrimination against customers based on their nationality, place of residence or place of establishment in the internal market and on the amendment of Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
3. The cost of transport depends on the weight of the shipment and the size of the shipment. Details are described on the Shipping costs page and is always given on the order form.
§ 6 Right of withdrawal from the sales contract
1. The right to withdraw from the purchase is granted to Customers who are:
a. Consumers, within the meaning of applicable law, i.e. the Act of 30 May 2014 on consumer rights (Journal of Laws of 24 June 2014) and
b. Entrepreneurs with Consumer Rights (hereinafter PPK), understood as natural persons running a sole proprietorship making purchases not related to the professional nature of their business activity, in accordance with the provisions of the Act of 31 July 2019 amending certain acts to reduce regulatory burdens (Journal of Laws of 2019, item 1495; ost.zm. Journal of Law of 2020, item 875).
hereinafter referred to as Consumers.
2. The Customer who is a Consumer, making purchases in the Store, may withdraw from the contract for the sale of goods without giving a reason within 14 days from the date of conclusion of the contract, except for goods that will be delivered separately, in batches or in parts – then the withdrawal period is counted from taking possession of the last batch or part.
3. The consumer may not withdraw from the sales contract in the case of purchase of goods delivered in sealed packages which, after opening, cannot be returned for hygienic or health reasons (e.g. plant protection products).
4. The consumer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the goods himself. To meet the deadline, it is sufficient to send back the goods before its expiry.
5. The consumer shall be liable for any decrease in the value of the goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
6. The Seller is obliged to immediately and no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the goods. The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement which does not involve any costs for him.
7. If the Seller has not offered to collect the item from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the item back or until the consumer provides proof of sending it back, whichever occurs first.
8. Withdrawal from the contract shall be made in writing. The consumer may use the withdrawal form , which is attached as Annex 1 to these Regulations.
9. The statement of withdrawal from the contract should be sent to the following address: P. U.H. Chemikolor S.A., Morgowa 4, 91-223 Łódź or by e-mail to the following address: sklep@chemikolor.pl. If the statement of withdrawal from the contract was sent by e-mail, the Seller undertakes to immediately confirm receipt of this document by e-mail.
10. In addition to the right of Consumers to withdraw from the Agreement under the law referred to in § 6 point 2, the Customer (regardless of whether he is a Consumer or not) has the right to withdraw from the Agreement within 30 days of the Confirmation of shipment, the condition for effective withdrawal is also the actual return of the product within this period. This condition also applies to returns via courier or authorized parcel lockers.
11. The right of withdrawal applies only to products that are returned in the same intact condition.
12. The Seller reserves the right to refuse to accept the return of products shipped or transferred after the return deadline (i.e. 30 days after the Shipping Confirmation) or products that are not in the same condition in which they were received.
§ 7 Complaints in case of non-conformity with the contract
1. Each Customer has the right to file a complaint about the delivered Goods in the event of non-compliance of the Goods with the contract.
2. The Seller undertakes to deliver the goods in accordance with the sales contract. , i.e. if the characteristics and parameters of the goods are consistent with the concluded contract, in particular:
a. the description, type, quantity, quality, completeness and functionality are in accordance with the contract,
b. the goods are suitable for the purposes for which goods of this type are usually used, taking into account applicable law, technical standards or good practices
c. the goods are present in such quantity and have such characteristics, including durability and safety, as are typical of goods of this type and which the consumer can reasonably expect, taking into account the nature of the goods and public assurance given by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label
3. The condition for considering the complaint is to send the goods to the Seller's address with an attached description of the defect and a photocopy of the proof of purchase, which may be a receipt, invoice, confirmation of payment for the goods.
4. The costs associated with returning the goods complained about will be refunded immediately after receiving the shipment and considering the complaint.
5. All complaints are considered within 14 days from the date of delivery of the complained shipment. If the complaint is accepted, the damaged goods will first be repaired or replaced with another one free of defects.
6. In a situation where the exchange of goods for a new or replaced one will not be possible, the Customer has the right to a price reduction or refund.
7. The Consumer's right to free repair or replacement, price reduction or return of goods refers to defects that have arisen within 2 years from the date of delivery of the goods(s). unless the expiry date of the goods for use, specified by the Seller, its legal predecessors or persons acting on their behalf, is shorter.
8. The Customer who is not a Consumer is obliged to examine in the presence of the entity delivering the parcel the condition of the delivered Goods, in particular its quantity, completeness and compliance with the specification contained in the sales contract, as well as check the substantive and formal correctness of the issued proof of purchase. In the event of technical defects or damage caused during delivery in the delivered Goods, the Customer who is not a Consumer is also obliged to draw up a damage report in two copies, indicating its type and scope. The Protocol is signed by the Customer who is not a Consumer and the entity delivering the Goods. A Customer who is not a Consumer should also immediately contact the Store's staff.
9. Complaints should be sent in writing to the Seller's address: P.U.H. Chemikolor S.A., Morgowa 4, 91-223 Łódź. Information on how to consider the complaint will be sent to the Customer to the e-mail address indicated by him or by registered mail.
10. If the Seller has not accepted the Consumer's complaint and the Consumer does not agree with his decision, he may ask for mediation to the Provincial Inspectorate of Trade Inspection in Łódź.
11. The rules and procedure of mediation conducted by the Trade Inspection in Łódź, aimed at amicable settlement of a civil law dispute between a consumer and the Seller, are available on the website: http://www.wiih.lodz.pl/?name=linki&id=5&id2=20.
§ 8 Protection of personal data
1. Providing personal data by the Customer is voluntary, but necessary to provide the service to the Customer.
2. Personal data of customers who are natural persons will be processed by PUH Chemikolor as the administrator of personal data in order to:
a. providing electronic services, i.e. concluding with the Customer and performing contracts for the sale of Goods ordered by the Customer in the Store,
b. for complaint purposes;
c. if the Customer expresses the consent referred to in § 2 section 1 of the Regulations, also for the purpose of sending commercial information to the Customer by electronic means.
3. The processing of collected data will take place in accordance with the provisions of Regulation (EU) of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and national regulations, in particular the Act of 10 May 2018 on the Protection of Personal Data. Providing your personal data by the customer is voluntary.
4. The Customer has the right to access their personal data and to correct and delete them and request the restriction of their processing. Notification of the willingness to correct or delete data takes place after logging in to the Customer's account, in the Personal data management tab or by sending an e-mail to the address kontakt@chemikolor.pl.
5. Customers' personal data may be made available to entities authorized to receive them under applicable law, including competent judicial authorities.
6. Detailed provisions regarding the protection of the Customer's personal data can be found in the Privacy Policy.
§ 9 Copyright
1. Author's economic rights to all graphic elements of the Online Store, the appearance of the online store and other content placed therein, constituting a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, belong only to the Seller.
2. Any copying, distribution and making elaborations of the Online Store, its individual elements, as well as its appearance as a whole, constituting a work within the meaning of the Act on Copyright and Related Rights, without the express written consent of the Seller, constitutes a violation of its economic copyrights.
§ 10 Final provisions
1. The Seller will make every effort to ensure that the services provided as part of the Store are at the highest level, however, the Seller does not exclude the possibility of temporarily suspending the availability of the Store, in particular, if it is necessary to carry out maintenance, inspection, or in connection with the need to modernize or expand the Store.
2. The entrepreneur complies with the principles applicable in the Code of Good Practice for the agricultural industry (available at the link: http://www.kp.org.pl/pdf/poradniki/kdpr/index.html) and complies with the regulations on the trade of chemicals in Poland.
3. In matters not covered by the Regulations, the relevant provisions of Polish law shall apply, in particular, the provisions of: the Civil Code Act (Journal of Laws of 1964, No. 16, item 93, as amended), the Act and of 30 May 2014 - on consumer rights, as well as the provisions of the Privacy Policy available on the website www.chemikolor.pl
4. Any disputes arising between the Customer who is not a Consumer and the Seller shall be settled by the court competent for the defendant's registered office.