TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
- The Online Store is owned by Sacred Mill (registered company; Radius Nine Sp z o o) , with registered office at ul 3. Maja 33, Sopot, entered by the District Court in Sopot, Commercial Division to the National Court Register – Entrepreneurs Register under KRS number: 0, 0000339351 NIP: 5862246279, REGON: 220 887 553.
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and sets out the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with a Customer at a distance through the Store.
- Seller – Sacred Mill (registered company; Radius Nine Sp z o o) , with registered office at ul 3. Maja 33, Sopot, entered by the District Court in Sopot, Commercial Division to the National Court Register – Entrepreneurs Register under KRS number: 0, 0000339351 NIP: 5862246279, REGON: 220 887 553.
- Consumer – a natural person concluding a contract with the Seller via Store, the subject of which is not directly related to its business or professional activity.
- Client – any entity making purchases through the Store.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person whom the separate law grants legal capacity performing an economic activity on its own behalf that uses the Store.
- Store – Online store run by the Seller at sacredmill.coffee
- Remote agreement – agreement with the client within the organised system of remote agreements (within the Store) without physical presence of both parties with sole use of one or more remote communication methods up to the conclusion of the contract, inclusive.
- Terms and Conditions – these terms and conditions.
- Order – Customer’s declaration of intent submitted via the Order Form and aimed directly at the conclusion of the Sales Agreement of the Product or Products with the Seller.
- Account – client’s account in the Store, where data provided by the Client and the information about placed orders are kept.
- Registration Form – form available at the Store enabling creation of the account.
- Order Form – interactive form available at the Store allowing placing the Order, in particular by adding Products to the Basket and specifying the conditions of Sales Agreement, including form of payment and delivery.
- Basket – element of the Store software where the Products added by the Client to the order are visible. It also provides the possibility of providing and modification of Order data, in particular the number of products.
- Product – a movable item available in the Store/a service being the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement – sales contract concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – applied to the Product features – a contract for the provision of services and a contract for specific work.
- Seller’s Address: Sacred Mill (registered company; Radius Nine Sp z o o) , with registered office at ul 3. Maja 33, Sopot, entered by the District Court in Sopot, Commercial Division to the National Court Register – Entrepreneurs Register under KRS number: 0, 0000339351 NIP: 5862246279, REGON: 220 887 553.
- Seller’s e-mail: firstname.lastname@example.org
- Seller’s phone number: +48 500 512 430
- Seller’s bank account number: 03 1050 1764 1000 0090 3173 5088
- Client can contact the Seller via addresses and telephone numbers provided in this paragraph.
- The Client can contact the Seller between the hours of 8 - 21.
- To use the Store, including browsing the Store range and placing orders on Products, necessary are:
- terminal device with access to the Internet and Microsoft Internet Explorer od 8.0, Firefox 20, Google Chrome 27, Safari 5.0, Opera 11 web browser,
- active e-mail account,
- accepted cookies policy,
- keyboard or any other pointing device allowing correct filling out of electronic forms.
- In the widest extent permitted by law the Seller is not responsible for disruptions, including interruptions, in the functioning of the Store caused by force majeure, unlawful activities of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
- Browsing the Store range doesn’t require creating the account. Placing orders by the Customer for Products in the Store’s range is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
- The prices listed in the store are given in Polish zloty or in Euro and are gross prices (including VAT).
- The final amount to be paid by the Customer consists of the price of the Product and the cost of delivery (including transport, delivery and postal services fees), about which the Customer is informed on the Store’s pages when placing orders, including when expressing the wish to be bound by the Sales Agreement.
- When the nature of the subject of the Agreement does not allow, reasonably judging, for the advance calculation of the final price, information on how the price will be calculated, as well as on transport, delivery, postal services fees and other costs will be given in the Store in the description of the Product.
CREATING ACCOUNT IN THE STORE
- To set up an Account in the Store, you must fill in the Registration Form. It is necessary to provide the following data:
- a. Product delivery data: Name, Street, House number, Apartment number, Post code, City, Country
- b. Contact details: Name, Surname, E-mail, Telephone
- Creating an Account in the Store is free.
- Logging in to the Account is done by entering the login and password set in the Registration Form.
- The Customer may at any time, without giving any reason and without incurring any fees, remove the Account by sending a relevant request to the Seller, in particular via electronic mail or in writing to the addresses provided in § 3.
TERMS OF ORDER
- To place an order it is required to:
- 1. log in to the Store (optional);
- 2. select Products being the subject of the Order and then click “Add to basket” (or equivalent);
- 3. log in or use the option of placing an Order without registration;
- 4. if you have chosen to place an Order without registration – fill out the Order Form by entering the details of the Order recipient and the address where the Product delivery is to be made, choose the payment and delivery method, enter the invoice data (optional), comment on the order (optional),
- 5. click the “Order and pay” button,
- 6. choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.
OFFERED PAYMENT AND DELIVERY METHOD
- 1. The Client may use the following methods of delivery or collection of the ordered Product:
- a. Courier shipment,
- b. Cash on delivery parcel,
- c. Personal collection available at: Sacred Mill Brew Bar, Grzybowska 43a, Warsaw 00-855.
- 2. The customer can use the following payment methods:
- Payment by bank transfer to the Seller’s account,
- On-line payment.
- 3. Detailed information on the costs and methods of delivery and acceptable payment methods can be found on the Store’s website.
EXECUTION OF SALES AGREEMENT
- 1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
- 2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is the e-mail sent by the Seller to the Customer’s e-mail address provided at the time of placing the Order, which contains at least the Seller’s statement of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
- 3. In case the Customer chooses:
- a. online transfer payment, the Customer is obliged to make the payment within 5 calendar days from the date of the Sale Agreement – otherwise the order will be cancelled.
- b. payment on delivery, the Customer is obliged to make a payment upon delivery.
- c. cash payment or card payment upon personal collection of the Order, the Customer is obliged to make a payment within 3 days from the date of receipt of information about the readiness of the Order to be picked up.
- 4. If the Customer has chosen a delivery method other than a personal collection, the Product will be sent by the Seller within the time specified in the description (subject to paragraph 5 of this section) in the manner chosen by the Customer when placing the Order.
- 5. In case of ordering Products with different delivery times, the delivery date is the furthest given date.
- a. The beginning of the course of delivery of the Product to Customer is counted as follows:
- b. If the Customer chooses payment by bank transfer or an on-line payment by card – from the date of crediting the Seller’s bank account.
- 6.If the Customer chooses to collect the Product personally, the Product will be ready for collection in time specified in the given Product description. The Customer will be additionally informed by the Seller about the Product being ready to be collected by sending an appropriate e-mail to the Customer’s e-mail address provided during placing the Order.
- 7. In case of ordering Products with various collection readiness times, Customer is able to collect the Order in parts (according to their readiness for collection) or collect all Products after completing the entire order.
- 8. The beginning of the readiness for collection of the Product to Customer is counted as follows:
- a. If the Customer chooses payment by bank transfer or an on-line payment by card – from the date of crediting the Seller’s bank account.
- b. If the Customer chooses payment by cash or card upon collection – from the date of the Sale Agreement,
- 9. Product is delivered in the area of Poland, the European Union.
- 10. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the Online Store in the “Delivery, Payments” tab and during the Order placement, including when the Customer wishes to be bound by the Sales Agreement.
- 11. Personal collection of the Product by Customer is free of charge.
COMPLAINT AND WARRANTY
- New Products are covered by the Sales Agreement.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
- If a product guarantee has been granted for the Product, information about it will be included in the description of the Product in the Store.
- The principles of the complaint are set out in the manufacturer’s warranty – applies to products for which the manufacturer’s warranty has been granted.
- Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations.
- It is recommended that the complaint include brief description of the defect, circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in relation to the defect of the goods.
- The seller will respond to the complaint request immediately, no later than within 14 days.
- Goods returned under the complaint procedure should be sent to the address given in § 3 of these Regulations.
THE RIGHT TO WITHDRAW FROM THE CONTRACT
- 1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- 2. The time limit specified in para. 1 begins with the delivery of the Product to the Consumer or a person designated by him other than the carrier.
- 3. In the case of a Contract that covers many Products that are delivered separately, in batches or in parts, the deadline specified in paragraph 1 runs from the delivery of the last item, batch or part.
- 4. The consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the seller. To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send a statement before this deadline.
- 5. The statement may be sent by traditional mail or by electronic means by sending the statement to the Seller’s e-mail address – the Seller’s contact details are specified in § 3.
- 6. Consequences of withdrawal from the Agreement:
- a. In the event of withdrawal from a Distance Contract, the Contract is considered null and void.
- b. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, all payments made by him, including the costs of delivery, except for additional costs resulting from Consumer delivery method other than the cheapest delivery method offered by the Seller.
- c. The Seller shall refund the payment using the same payment methods that were used by the Consumer in the initial transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
- d. The Seller may withhold reimbursement until receipt of the Product back or until proof of its return is provided to him, whichever occurs first.
- e. The Consumer should send the Product to the Seller’s address given in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
- f. The consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by ordinary mail.
- g. The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
- 7. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the cost of returning the Product, will be available by e-mail in the Store.
- 8. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Contract:
- a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs,
- b. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
- c. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life,
- d. 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 start of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement.
PERSONAL DATA IN THE ONLINE STORE
- 1. The administrator of personal data of Customers collected via the Online Store is the Seller.
- 1. Contracts concluded through the Online Store are in Polish.
- 2. Seller reserves the right to make changes to the Terms and Conditions for important reasons, it is: changes in the law, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer about each change at least 7 days in advance.
- 3. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on the provision of electronic services; Consumer Rights Act, the Act on the Protection of Personal Data.
- 4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may lodge a complaint via the EU ODR online platform at: http://ec.europa.eu/consumers/odr/.