Conditions of Use & Sale

§ 1 Definitions

1. Working days – means days of the week from Monday to Friday, excluding public holidays.
2. Delivery – means the actual act of delivering the Goods specified in the order to the Customer by the Seller, through the Supplier.
3. Supplier – means the entity with which the Seller cooperates in the delivery of Goods:
a) InPost;
b) DHL;
4. Password – means a sequence of letters, digits or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Customer – means an entity to which, in accordance with the Regulations and legal provisions, services may be provided electronically or with which a Sales Agreement may be concluded, having full legal capacity.
6. Consumer – means a natural person performing a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
7. Customer Account – means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has completed Registration and concluded an agreement to provide the Customer Account Maintenance service.
8. Login – means an individual identification of the Customer, determined by him, consisting of a sequence of letter, digital or other characters, required together with the Password to create a Customer Account in the Online Store.
9. Regulations – means these regulations.
10. Registration – means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
11. Seller’s Office – means the place for handling complaints and returns of Goods, at the following address: Al. Wojska Polskiego 9, 48-300 Nysa
12. Seller – means Spółdzielnia Pracy CUKRY NYSKIE with its registered office: Al. Wojska Polskiego 9, 48-300 Nysa, NIP 7530000744
13. Goods – means a product presented by the Seller via the Store Website, which may be the subject of a Sales Agreement.
14. Durability – the suitability of the Goods for consumption.
15. Durable medium – means a material or tool enabling the Customer or the Seller to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which this information is served, and which allows the reproduction of the stored information in an unchanged form.
16. Sales contract – means a sales contract concluded remotely, on the terms specified in the Regulations, between the Customer and the Seller.

§ 2 General provisions

1. All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its Internet domain, the Store’s Website, as well as to patterns, forms and logos posted on the Store’s Website belong to the Seller.
2. The Seller will make every effort to ensure that the Online Store can be used by Internet users using all popular web browsers, operating systems, types of devices and types of Internet connections.
3. The Seller uses the mechanism of “cookies”, which, when Customers use the Store’s Website, are saved by the Seller’s server on the hard drive of the Customer’s end device. The use of “cookies” is intended to ensure the correct operation of the Store’s Website on Customers’ end devices. This mechanism does not destroy the Customer’s end device and does not cause configuration changes in the Customer’s end devices or in the software installed on these devices. Each Customer may disable the “cookies” mechanism in the web browser of their end device. The Seller indicates that disabling cookies may, however, cause difficulties or prevent the use of the Store’s Website.
4. In order to place an order in the Online Store via the Store’s Website or via e-mail and to use the services available on the Store’s Websites, the Customer must have an active e-mail account.

§ 3 Registration

1. In order to create a Customer Account, the Customer is obliged to complete free Registration.
2. Registration is not necessary to place an order in the Online Store.
3. In order to Register, the Customer should complete the registration form provided by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function included in the registration form. During Registration, the Customer sets an individual Password.
4. When completing the registration form, the Customer has the opportunity to read the Regulations, accepting its content by checking the appropriate box in the form.
5. During Registration, the Customer consents to the processing of his personal data for marketing purposes by checking the acceptance box of the Regulations in the registration form.

§ 4 Orders

1. The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Store’s Website or e-mail 7 days a week, 24 hours a day.
3. The Customer placing an order via the Store Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the “Buy” command under the given Goods presented on the Store’s Website. After completing the entire order and indicating the delivery method and payment method in the “CART”, the Customer places the order by sending the order form to the Seller by selecting the “BUY AND PAY” button on the Store’s Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.
4. Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the order.
5. After placing the order, the Seller sends confirmation of its submission to the e-mail address provided by the Customer.
6. Then, after confirming the order, the Seller sends information about the acceptance of the order for processing to the e-mail address provided by the Customer. Information about acceptance of the order for execution is the Seller’s declaration of acceptance of the offer referred to in § 4 section 6. and upon receipt by the Customer, a Sales Agreement is concluded.
7. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer’s e-mail address or in writing to the address indicated by the Customer during Registration or placing an order.

§ 5 Payments

1. Prices on the Store Website posted for a given Good are gross prices and do not include information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and choosing the method of payment. and placing an order.
2. The Customer may choose payment methods for the ordered Goods offered by Imoje – an online payment platform offered by ING Bank Śląski.
3. The Customer is each time informed by the Seller on the Store’s Website about the date by which he is obliged to make payment for the order in the amount resulting from the concluded Sales Agreement.
4. In the event of failure by the Customer to make payments within the deadline referred to in §5 section 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. Information about the additional payment deadline also includes information that after the ineffective expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to Art. 491 of the Civil Code.

§ 6 Delivery

1. The Seller carries out the Delivery within the territory of the Republic of Poland.
2. The Seller is obliged to deliver the Goods in accordance with the Sales Agreement.
3. The Seller posts information on the Store’s Website about the number of Business Days needed for Delivery and execution of the order.
4. The delivery and order completion date indicated on the Store’s Website is counted in Business Days.
5. The delivery and order completion date indicated on the Store’s Website is counted in Business Days from the date of conclusion of the Sales Agreement if the Customer chooses the “cash on delivery” payment option.
6. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
7. On the day the Goods are sent to the Customer, information confirming that the shipment has been sent by the Seller is sent to the Customer’s e-mail address.
8. The customer is obliged to examine the delivered shipment at the time and in the manner accepted for shipments of a given type. If the shipment is found to be missing or damaged, the Customer has the right to request the Supplier’s employee to prepare an appropriate report.
9. The Seller is not liable for damage to the Goods occurring during delivery. The nature of the offered Goods, which are brittle and easily meltable, means that they may crumble or melt during transport, for which the Seller’s liability is excluded. In such a case, it is considered that the Goods, despite the reduction in their visual value, remain fit for consumption.
10. The Seller attaches to the shipment being the subject of the Delivery a proof of purchase covering the delivered Goods.
11. In the event of the Customer’s absence at the address indicated by him, provided when placing the order as the Delivery address, the Supplier’s employee will leave a notice or attempt to contact him by phone in order to arrange a date when the Customer will be present. If the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, re-arranging the date and cost of Delivery with the Customer.

§ 7 Non-conformity of the goods with the contract

1. The goods are in compliance with the contract if, in particular, their:
a) description, type, quantity, quality, completeness
b) shelf life.
2. The Seller is liable for the lack of compliance of the Goods with the contract existing at the time of its delivery and disclosed within two years from that moment, unless the shelf life of the Goods specified by the Seller is shorter, subject to § 6 section 10.
3. If the Goods are inconsistent with the contract, the Consumer may request its replacement.
4. The Seller makes an exchange within a reasonable time from the moment the Seller was informed by the Consumer about the lack of compliance with the contract, and without excessive inconvenience to the Consumer, taking into account the specificity of the Goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller.
5. If the Goods are inconsistent with the contract, the Consumer may submit a declaration of price reduction or withdrawal from the contract if the Seller refuses to replace the Goods.
6. Any complaints related to the Goods or the implementation of the Sales Agreement may be sent by the Customer in writing to the Seller’s address.
7. The Seller is obliged to respond to the consumer’s complaint within 14 days from the date of its receipt.
8. The Seller returns to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of the price reduction.
9. The consumer may not withdraw from the contract if the lack of compliance of the Goods with the contract is immaterial. It is presumed that the lack of conformity of the Goods with the contract is significant.
10. If the lack of conformity with the contract applies only to some Goods delivered under the contract, the Consumer may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods purchased by the Consumer together with the Goods that are not in conformity with the contract, if it cannot reasonably be expected that that the Consumer agrees to keep only the Goods that comply with the contract.
11. In the event of withdrawal from the contract, the Consumer shall immediately return the Goods to the Seller at his expense. The Seller returns the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of its return.
12. The Seller refunds the price using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
13. The Seller does not use out-of-court resolution of disputes referred to in the Act of September 23, 2016. on out-of-court resolution of consumer disputes.

§ 8 Withdrawal from the Sales Agreement

1. The Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it without giving a reason within 14 days.
2. The period for withdrawing from the Sales Agreement begins from the moment the Consumer or a third party indicated by them, other than the carrier, takes possession of the Goods.
3. The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted, for example, in writing to the Seller’s address, or via e-mail to the Seller’s address, i.e.: … The declaration may be submitted on a form, a template of which has been posted by the Seller on the Store’s Website at: Withdrawal Form. To meet the deadline, it is enough to send the declaration before its expiry.
4. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller via the form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is enough to send the declaration before its expiry. The Seller immediately confirms to the Consumer the receipt of the form submitted via the website.
5. The returned Goods must be delivered or sent to the Seller.
6. In the event of withdrawal from the Sales Agreement, it is considered null and void.
7. If the Consumer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
8. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Sales Agreement, refund all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the refund of payments received from the Consumer until he receives the Goods back or until the Consumer provides proof of returning the Goods, depending on which event occurs first.
9. If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest standard method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred.
10. The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller’s address before the deadline expires.
11. In the event of withdrawal, the Customer bears only the direct costs of return.
12. The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
13. The right to withdraw from the Sales Agreement does not apply to the Customer who is a Consumer in relation to contracts in which the Goods are items that deteriorate quickly or have a short shelf life.
14. The right to withdraw from the Sales Agreement does not apply to the Customer who is a Consumer in relation to contracts in which the Goods are an item delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery. .
15. The Consumer’s rights specified in § 8 are also available to a natural person concluding a contract directly related to his or her business activity, but not of a professional nature for him, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Business. Economic.

The form template in PDF version can be downloaded and the form to be completed in electronic version is available at this address:
https://c-n.eu/en/contract-withdrawal-form/

§ 9 Personal data protection

1. The principles of Personal Data protection are included in the Privacy Policy.

§ 10 Final provisions

1. The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store’s Website.
2. If a dispute arises under the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to resolving any disputes arising under these Regulations is Polish law.
3. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. These may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The Seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for an online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform).
4. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are carried out on the basis of the Regulations that were in force on the day the order was placed by the Customer. The change to the Regulations comes into force within 7 days from the date of publication on the Store’s Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the amendment to the Regulations by means of a message sent electronically containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in termination of the contract.
5. Agreements with the Seller are concluded in Polish.
6. The Regulations enter into force on June 24, 2024