§ 1 General provisions

The agrochoice.eu Store, whose business details are: Pietnowski Akcesoria Paulina Pietnowska, address: Grabowczyk 2, 22-425 Grabowczyk, NIP (Polish tax identification number): 9223076482, REGON (Polish business register number): 525185272, operates in accordance with these Terms and Conditions.
These Terms and Conditions set out the conditions for concluding and terminating Product Sales Contracts and the complaints
procedure, as well as the types and scope of services provided electronically by the
agrochoice.eu Store, the rules for providing those services, and the conditions for concluding and terminating contracts
for the provision of electronic services.
Every Service Recipient, upon taking steps to use the Electronic Services of the
agrochoice.eu Store, is required to comply with these Terms and Conditions.
Matters not governed by these Terms and Conditions shall be subject to the provisions of:
- the Act on the Provision of Electronic Services of 18 July 2002 (ustawa o świadczeniu usług drogą elektroniczną),
- the Consumer Rights Act of 30 May 2014 (ustawa o prawach konsumenta),
- the Act on Out-of-Court Consumer Dispute Resolution of 23 September 2016 (ustawa o pozasądowym rozwiązywaniu sporów konsumenckich),
- the Civil Code of 23 April 1964 (Kodeks cywilny) and other applicable provisions of Polish law.

§ 2 Definitions used in the Terms and Conditions

ORDER FORM – the form available on the agrochoice.eu website which enables an Order to be placed.
CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Contract with the Seller.
CONSUMER – a natural person who enters into a legal transaction with a trader which is not directly connected with that person’s business or professional activity.
TRADER – a natural person, legal person or organisational unit without legal personality on which the law confers legal capacity, conducting business or professional activity in its own name.
PRODUCT – a movable item available in the Store which is the subject of a Sales Contract between the Customer and the Seller.
TERMS AND CONDITIONS – these terms and conditions of the Store.
STORE – the Service Provider’s online store operating at agrochoice.eu
SELLER, SERVICE PROVIDER – Pietnowski Akcesoria Paulina Pietnowska
SALES CONTRACT – a Product sales contract concluded between the Customer and the Seller through the Store.
ORDER – the Customer’s declaration of intent constituting an offer to conclude a Product Sales Contract with the Seller.
PRICE – the value expressed in monetary units which the Customer is required to pay

§ 3 Information Concerning Products And Their Ordering

The agrochoice.eu Store sells Products via the Internet.
The Products offered in the Store are new, conform to the contract and have been lawfully placed on the Polish market.
Information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase the specified Product on the terms stated in its description.
The Product Price displayed on the Store’s website is stated in euros (EUR) and includes all components. The Price does not include delivery costs.
Orders may be placed through the website using the Order Form (agrochoice.eu Store) – 24 hours a day throughout the year.
To place an Order in the Store, the Customer must read the Terms and Conditions and accept their provisions when placing the Order.

§ 4 Conclusion Of The Sales Contract

To conclude a Sales Contract, the Customer must first place an Order using the method made available by the Seller, in accordance with § 3 points 5 and 6 of the Terms and Conditions.
After the Order is placed, the Seller shall promptly confirm its receipt.
Confirmation that the Order has been accepted, as referred to in point 2 of this section, makes the Order binding on the Customer. Receipt of the Order is confirmed by sending an email.
Confirmation of receipt of the Order includes:
- confirmation of all material elements of the Order,
- the withdrawal form,
- these Terms and Conditions, including information about the right to withdraw from the contract.
When the Customer receives the email referred to in point 4 of this section, the Sales Contract between the Customer and the Seller is concluded.
Every Sales Contract shall be confirmed by proof of purchase, which shall be enclosed with the Product.

§ 5 Payment Methods

The Seller provides the following payment methods:
- payment by traditional bank transfer to the Seller’s bank account,
- payment through the electronic payment system – Przelewy24
For payment by traditional bank transfer, payment must be made to the following bank account:
- EUR – 90 1090 2590 0000 0001 5414 4472 (Santander Bank Polska Spółka Akcyjna)
- EUR – PL 82 1090 2590 0000 0001 6062 4410, SWIFT: WBKPPLPP (Santander Bank Polska Spółka Akcyjna)
The transfer reference should state “Order no. ……”.
When paying through the electronic payment system, the Customer shall pay before fulfilment of the Order begins. The electronic payment system enables payment by credit card or instant transfer from selected Polish banks.
The Customer is required to pay the Price under the Sales Contract within 5 business days from the date on which it is concluded, unless the Sales Contract provides otherwise.
The Product shall be dispatched only after it has been paid for.

§ 6 Cost, Time And Methods Of Product Delivery

The Product delivery costs, which are borne by the Customer, are determined during the Order process.
The Product delivery time consists of the time required to prepare the Product and the time required for the carrier to deliver the Product:
- the order fulfilment time is from 7 to 14 business days; the time for fulfilling the subject of the order may change (be extended) for reasons objectively beyond the manufacturer’s control.
- Products constituting movable items are delivered by the carrier within the period declared by the carrier, i.e. ……………….. business days from dispatch (delivery takes place only on business days, excluding Saturdays, Sundays and public holidays).
Products purchased from the Store are dispatched only within Poland via Poczta Polska or a courier company.

§ 7 Product Complaints

Complaint concerning a Product’s lack of conformity with the contract.
- The basis and scope of the Seller’s liability to a Customer who is a Consumer for a Product’s lack of conformity with the contract are set out in the Consumer Rights Act of 30 May 2014,
- the basis and scope of the Seller’s liability to a Customer who is a Trader under the statutory warranty are set out in the Civil Code of 23 April 1964,
- the Seller is liable to a Customer who is a Consumer for a Product’s lack of conformity with the contract which existed when the Product was delivered and became apparent within 2 years thereafter, unless the Product’s shelf life specified by the Seller or persons acting on the Seller’s behalf is longer,
- notice of a Product’s lack of conformity with the contract and the appropriate request may be submitted by email to: Grabowczyk 2, 22-425 Grabowczyk or in writing to: shop@agrochoice.eu
- the above written or electronic message should provide as much information and as many circumstances concerning the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided shall significantly facilitate and expedite the Seller’s consideration of the complaint,
- to assess the irregularity and the Product’s lack of conformity with the contract, the Consumer is required to make the Product available to the Seller, and the Seller is required to collect it at its own expense,
- the Seller shall respond to the Customer’s request promptly, no later than 14 days after the complaint is submitted,
- in the case of a complaint by a Customer who is a Consumer, failure to consider the complaint within 14 days after it is submitted is equivalent to accepting it,
- in connection with a justified complaint by a Customer who is a Consumer, the Seller, as appropriate:
  1. covers the costs of repair or replacement and redelivery of the Product to the Customer,
  2. reduces the Product Price (the reduced price must remain in the same proportion as the price of goods conforming with the contract bears to the price of goods not conforming with the contract) and refunds the Consumer the value of the reduced price no later than 14 days after receiving the Consumer’s statement requesting a price reduction,
  3. if the Consumer withdraws from the contract – refunds the Product Price no later than 14 days after receiving the returned goods or evidence that they have been sent back. If the Consumer withdraws from the contract, the Consumer is required to return the goods to the Seller promptly at the Seller’s expense,
- the response to the complaint shall be provided on paper or another durable medium, e.g. email or SMS.

§ 8 Right To Withdraw From The Contract

Subject to point 10 of this section, a Customer who is also a Consumer and has concluded a distance contract may withdraw from it without giving any reason by submitting an appropriate statement within 14 days.
If the Consumer withdraws from the contract, the Sales Contract is deemed not to have been concluded and the Consumer is required to return the Product to the Seller or deliver it to a person authorised by the Seller to receive it promptly, and no later than 14 days from the date on which the Consumer withdrew from the contract, unless the Seller has offered to collect the Product. To meet the deadline, it is sufficient to send the Product back before it expires.
In the event of withdrawal from the Sales Contract, the Product must be returned to the following address: Grabowczyk 2, 22-425 Grabowczyk
The Consumer is liable for any reduction in the value of the Product resulting from using it beyond what is necessary to establish the nature, characteristics and functioning of the Product, unless the Seller failed to inform the Consumer or the entity referred to in § 10 about the method and time limit for exercising the right of withdrawal and failed to provide the model withdrawal form. To establish the nature, characteristics and functioning of Products, the Consumer should handle and inspect the Products only in the same way as they could in a physical shop.
Subject to points 6 and 8 of this section, the Seller shall refund the value of the Product together with its delivery costs using the same payment method as that used by the Consumer, unless the Consumer expressly agrees to another method of reimbursement which does not incur any costs for the Consumer. Subject to point 7 of this section, reimbursement shall be made promptly and no later than 14 days after the Seller receives the statement of withdrawal from the Sales Contract.
If the Consumer chose a Product delivery method other than the least expensive standard delivery method offered by the Store, the Seller is not required to refund the additional costs incurred by the Consumer.
If the Seller has not offered to collect the Product from the Consumer, the Seller may withhold reimbursement of payments received from the Consumer until the goods have been returned or evidence of their return has been provided, whichever occurs first.
A Consumer who withdraws from the Sales Contract in accordance with point 1 of this section shall bear only the cost of returning the Product to the Seller.
For a contract under which the Seller delivers a Product and is required to transfer its ownership, the fourteen-day period during which the Consumer may withdraw from the contract begins on the date on which the Consumer (or a third party indicated by the Consumer other than the carrier) takes possession of the Product.
The Consumer has no right to withdraw from a distance contract in the case, among others, of a Sales Contract for the supply of non-prefabricated goods manufactured to the Consumer’s specifications or serving to satisfy the Consumer’s individual needs.
Both the Seller and the Customer have the right to withdraw from the Sales Contract if the other party fails to perform its contractual obligation within a strictly specified period.

§ 9 Type and Scope of Electronic Services

Through the Store, the Service Provider enables the use of the Electronic Service consisting of the conclusion of Product Sales Contracts.
The Electronic Service is provided to Service Recipients in the Store on the terms set out in the Terms and Conditions.
The Service Provider has the right to place advertising content on the Store’s website. Such content forms an integral part of the Store and the materials presented in it.

§ 10 Conditions For Providing And Concluding Contracts For Electronic Services

The Electronic Service specified in § 9 point 1 of the Terms and Conditions is provided free of charge by the Service Provider.
A contract for the provision of the Electronic Service consisting of enabling an Order to be placed in the Store is concluded for a fixed term and terminates when the Order is placed or the Service Recipient ceases placing it.
The technical requirements necessary to work with the IT system used by the Service Provider are:
- a computer (or mobile device) with Internet access,
- access to email,
- a web browser,
- Cookies and Javascript enabled in the web browser.
The Service Recipient is required to use the Store lawfully and in accordance with good practice, with due regard for the personal rights and intellectual property rights of third parties.
The Service Recipient is required to provide factually accurate data.
The Service Recipient is prohibited from supplying unlawful content.

§ 11 Complaints Relating to the Provision of Electronic Services

The Service Recipient may submit complaints relating to the provision of the Electronic Service through the Store by email to: shop@agrochoice.eu
The above email should provide as much information and as many circumstances concerning the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided shall significantly facilitate and expedite the Service Provider’s consideration of the complaint.
The Service Provider shall consider the complaint promptly, no later than 14 days after it is submitted.
The Service Provider’s response concerning the complaint shall be sent to the Service Recipient’s email address stated in the complaint or by another method specified by the Service Recipient.

§ 12 Final Provisions

Contracts concluded through the Store are concluded in accordance with Polish law.
If any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision of the Terms and Conditions.
Any disputes arising from Sales Contracts between the Store and Consumers shall first be resolved through negotiations with the intention of settling the dispute amicably, taking account of the Act on Out-of-Court Consumer Dispute Resolution. If, however, this is not possible or is unsatisfactory to either party, disputes shall be resolved by the competent ordinary court in accordance with point 4 of this section.
Any disputes arising between the Service Provider and a Service Recipient (Customer) who is also a Consumer shall be submitted to the courts having jurisdiction under the provisions of the Code of Civil Procedure of 17 November 1964 (Kodeks postępowania cywilnego).
A Customer who is a Consumer also has the right to use out-of-court dispute-resolution methods, in particular by submitting, after the complaint procedure has been completed, an application to initiate mediation or an application for the case to be heard by an arbitration court (the application can be downloaded from http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also obtain free assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory remit includes consumer protection. Out-of-court pursuit of claims after the complaint procedure has been completed is free of charge.
For the amicable resolution of a dispute, the Consumer may, in particular, submit a complaint through the ODR (Online Dispute Resolution) online platform available at: http://ec.europa.eu/consumers/odr/.
Pietnowski Akcesoria Paulina Pietnowska declares that there are no commercial, economic or legal links between the Company and the owner of the trade mark concerned, or and that the Company does not infringe those marks by obtaining unjustified benefits arising from their distinctive character or reputation.
Pietnowski Akcesoria Paulina Pietnowska declares that it acts in accordance with honest practices in industry and commerce when creating products in each case to an individual Customer order.