CHAPTER I

§1 Explanation of Terms Used in the Regulations

Seller – Pelletsfarm s.c. Mariusz and Patryk Piekut, located at Małe Bałówki 12A, 13-306 Kurzętnik, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for economy, NIP: 877-147-69-92, REGON 281572135.

Regulations – this document outlining the terms of service and use of the online store operated by Pelletsfarm s.c. Mariusz and Patryk Piekut.

Online Store/Store – the online trading platform located at https://www.pelletsfarm.pl.

Customer – a natural person with full or limited legal capacity, a legal entity, or an organizational unit without legal personality that has legal capacity, using the Online Store.

Consumer – a Customer who is a natural person making purchases in the Online Store not directly related to their business or professional activity.

Customer Account – space provided by the Seller to the Customer in the Online Store, through which the Customer inputs and manages their data in the Online Store.

Login – designation of the Customer (a string of characters) determined by the Customer at the time of creating a Customer Account, enabling their subsequent identification.

Password – a string of characters chosen by the Customer, consisting of at least 6 characters, enabling login to the Customer Account.

Services – all services performed by the Seller for Customers via the Online Store.

§2 Subject of the Regulations

These Regulations define the terms of using the Online Store, particularly placing orders for products through it, delivering them to the Customer, making payments for ordered products, withdrawing from the contract, and the rules for submitting and processing complaints.

§3 Technical Requirements Necessary to Use the Online Store Services

To use the Online Store, access to the Internet and a device with a properly installed internet browser such as Microsoft Internet Explorer at least version 6.0, Mozilla Firefox at least version 5.0, or another browser with comparable parameters is required. The browser should be configured to support JavaScript scripts. The device used by the Customer to access the Online Store services should have Adobe Flash Player software version 9.0 or newer installed. The Customer should have a properly configured and active email account.

To properly provide Services, the Seller uses cookies (information saved by the server on the Customer’s computer, which is read each time the web browser connects). These files are necessary for the proper provision of services by the Seller. Cookies can be deleted from the Customer’s computer memory at any time. The Customer can also change the browser settings to not accept such files at any time, which may, however, cause difficulties in using the Website.

§4 General Provisions

The Customer can download these Regulations for free, and also store and reproduce them.

The Customer is prohibited from providing content of an unlawful, offensive, or vulgar nature. The Customer must refrain from interfering with the content of the Online Store and from undertaking any other actions that could affect the proper functioning of the Online Store.

The Customer is entitled to use the Online Store in accordance with its intended purpose.

Contact with the Seller can be obtained: by phone at +48 501 388 409, from 9.00 a.m. to 5.00 p.m., by correspondence to: Pelletsfarm s.c. Małe Bałówki 12a, 13-306 Kurzętnik, by sending an email to: biuro@pelletsfarm.pl, or using the contact form.

§5 Products, Prices, and Main Features of the Seller’s Service

All prices and product descriptions are placed on the store’s website. Prices are given in Polish zloty and include VAT.

The binding price is the price of the goods provided on the online store’s website at the time the order is placed by the Customer.

The given prices do not include delivery costs. Delivery costs are provided during the ordering process by the Customer and depend on the chosen delivery method and the size of the order. The total order cost, consisting of the price of products and delivery costs, is indicated before placing the order.

Information about products placed on the Online Store’s website does not constitute offers but are only invitations to conclude a contract within the meaning of Article 71 of the Civil Code.

The Seller may conduct promotional actions and sales. Promotions cannot be combined unless otherwise stated in the regulations of the given promotion.

The Seller is obliged to deliver goods free of defects.

§6 Customer Account

Orders in the Online Store can only be placed by Customers who have a User Account.

Creating a Customer Account is free of charge.

To create a Customer Account, the Customer should fill out the registration form located in the “register” tab by entering their email address, creating a password, re-entering the password, accepting the Online Store regulations, and consenting to the processing of their personal data to the extent necessary for the proper provision of electronic services, including the execution of the Customer’s orders.

Entering other data indicated in the registration form is not required to create a Customer Account.

The Customer will receive an email at the email address provided during registration with a request to confirm registration and activate the account. To activate the User Account, the Customer should click on the provided internet address. If the address does not work, it should be copied and pasted into the browser’s address field. Then they will be redirected to a website containing information confirming the activation of the Account.

Sharing the access password with third parties is prohibited. In case of sharing the password with third parties, the Customer may lose access to the Customer Account.

If the Customer wishes to delete the Customer Account from the Online Store, they should send a request to delete the Customer Account to the email address: biuro@pelletsfarm.pl, from the email address provided during the creation of the Customer Account.

The account will also be deleted upon receiving information about the Customer’s death.

The Customer Account may be blocked or deleted by the Seller if the Customer’s actions within the Online Store are deemed to be contrary to good manners, negatively affecting the image of the Seller, the Online Store, or their reputation, and also if such actions would be harmful to the Online Store or if such actions would violate generally applicable laws.

Deleting the Account is equivalent to the immediate termination of the electronic services agreement with the Customer.

A User whose Account has been blocked or deleted by the Seller may create a new Account only with the prior written consent of the Seller.

§7 Placing Orders

Information about products and services available in the Online Store offer constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code of April 23, 1964.

To place an order, the Customer should select a product and choose the “Order” command, then either return to selecting additional products by choosing “Continue shopping” or proceed to finalize the order by selecting “Place order.” If “Place order” is chosen, the Customer should indicate the quantity of the ordered product, choose the delivery method and payment method, and select “Order” (the customer can also continue shopping after selecting “Continue shopping”).

In the next step, the Customer should log in to the User Account, and if they do not have a User Account yet, register and then log in to the User Account. There is also the option to purchase without logging in by clicking the “place order” button, but they will then be deprived of many additional benefits such as: viewing order status, viewing purchase history, not having to re-enter their data for subsequent purchases, the possibility of receiving discounts and promotional coupons.

Logging in occurs by entering the email address and password provided during the creation of the Customer Account into the login form.

After logging in, to place an order, the Customer should provide their first and last name, phone number, and email address. Then they should indicate whether they are placing the order as a “private person” (i.e., as a consumer within the meaning of the Civil Code of April 23, 1964) or a “company,” i.e., an entity not being a consumer. If the “private person” option is chosen, the Customer should provide their residential address: street and house number, apartment number, postal code, and city, and indicate the country. If the “company” option is chosen, the Customer should provide the company name, NIP, house and apartment number, city, and country. The Customer can provide a different shipping address by selecting the “different shipping address” option. Then, to finalize the order, the Customer should choose “summary,” after which the order summary will be displayed. After verifying the order on the “summary” page, the Customer places the order by selecting “Order and pay.”

By placing an order, the Customer makes an offer to the Seller to conclude a sales contract for the ordered goods. The confirmation of the order placed by the Seller, sent to the email address provided by the Customer, constitutes a statement of acceptance of the offer by the Customer. The Seller’s message mentioned in the previous sentence also constitutes confirmation of the conclusion of a distance contract, referred to in Article 21(1) of the Consumer Rights Act. The Customer should store and keep the above email.

After selecting finish, if the prepayment option was previously selected, the Customer should pay for the order in the previously chosen manner.

In case of unavailability of the product ordered by the Customer or inability to fulfill the order for other reasons, the Customer will be informed by the Seller about the situation via email sent to the address provided by the Customer.

In the above situation, the Customer may cancel the order. If the Customer has made an advance payment for the ordered item, the Seller will refund the paid amount according to the rules specified in §12.

The maximum order fulfillment time is 21 business days.

If circumstances arise that make it impossible to fulfill the placed order entirely or temporarily, we reserve the right to suspend the order fulfillment.

§ 8 Order Changes

Until the moment the ordered item is sent by the Seller to the Customer, the Customer can make changes to the order, including canceling all or part of the order, changing the delivery address, or changing the invoice details. In case of cancellation of all or part of the order, if the payment was made in advance, the price refund will be made according to the rules specified in § 12 of the Regulations.

The order status is visible in the My Account tab.

Changes to the order can be made by contacting the Seller at the email address www.biuro@pelletsfarm.pl.

The order change will be confirmed by the Seller by sending information to the email address provided by the Customer when placing the order.

§ 9 Payment Methods

If the ordered item is to be delivered within Poland, the Customer can pay for the ordered goods in the following ways:

a) cash – upon receipt of the ordered item if delivered by a Courier or InPost locker,

b) bank transfer, and online payments through one of the electronic payment systems accepted by the Seller at the time – before receipt of the ordered item. The order will be processed after the Seller receives confirmation of the correct payment from the payment processing entity.

If paying for the ordered goods by bank transfer, the Customer should make the payment within 3 days from the date of receiving the order confirmation from the Seller.

The Seller sells and ships exclusively within the territory of the Republic of Poland. The Seller does not ship outside the borders of the Republic of Poland.

– E-transfer transaction settlements are carried out via the Przelewy 24 Settlement Center.

– The entity providing online payment services is Autopay S.A.
The types of payment cards supported: Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic.

§ 10 Delivery

The ordered item can be delivered via a courier company or postal operator to the address provided by the Customer or to a Pickup Point chosen by the Customer.

§ 11 Withdrawal from the Contract

In accordance with the Act of June 24, 2014, on Consumer Rights (Journal of Laws 2014, item 827), a Consumer who has purchased goods or ordered services in the Online Store may withdraw from the contract without providing reasons and without incurring costs (subject to the provisions of paragraph 6 below), within 14 days from the date of receipt of the ordered goods, from the date of receipt by the Consumer of the last part of the fulfilled order – if the order is fulfilled in parts, and in the case of service orders from the date of the conclusion of the contract. To meet the fourteen-day deadline, it is sufficient to send the withdrawal statement before its expiry.

The Customer referred to in paragraph 1 may withdraw from the contract by submitting a written withdrawal statement (the Consumer may use the template constituting Appendix No. 1 to the Regulations) within the period specified in paragraph 1.

In the event of withdrawal from the contract, the Consumer is liable for a reduction in the value of the item resulting from using it in a manner beyond what is necessary to establish its nature, characteristics, and functioning.

In the event of withdrawal from the contract, the Consumer is obliged to return the product to the Seller in an undamaged state in the original packaging.

According to the provisions of Article 38 of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827), the right to withdraw from a distance contract does not apply to the Consumer with respect to contracts:

a) for the provision of services if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the performance began that after the performance by the entrepreneur, they would lose the right to withdraw from the contract;

b) in which the price or remuneration depends on fluctuations in the financial market that are beyond the entrepreneur’s control and which may occur before the end of the withdrawal period;

c) in which the subject of the service is a non-prefabricated item produced according to the consumer’s specifications or serving to satisfy their individualized needs;

d) in which the subject of the service is an item that deteriorates quickly or has a short shelf life;

e) in which the subject of the service is an item delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons if the package was opened after delivery;

f) in which the subject of the service is items that, after delivery, are inseparably connected with other items due to their nature;

g) in which the consumer expressly requested the entrepreneur to visit them for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or delivers items other than spare parts necessary for the performance of the repair or maintenance, the right to withdraw from the contract applies to the additional services or items;

The Customer should return the product to the Seller immediately, but no later than 14 days from the day on which they withdrew from the contract. The Seller will refund the amount paid by the Customer immediately, but no later than within 14 days from the date of receiving the Customer’s withdrawal statement.

The Seller may withhold the refund until they receive the item or until the Customer provides proof of its return, whichever occurs first. The refund will be made according to the rules specified in § 13 of the Regulations.

In the event of exercising the right to withdraw from the contract, the Consumer bears the cost of returning the goods.

The Customer can return the product:

a) at the company’s headquarters at Małe Bałówki 12A, 13-306 Kurzętnik
b) by sending it back to the Seller’s address (at their own expense).

§ 12 Complaints

The Seller is liable to the Customer if the sold product has a physical or legal defect (warranty), where a physical defect is the non-compliance of the delivered products with the contract. The Customer has the right to file a complaint within two years from the date of delivery of the product by the Seller.

The Seller will respond to the Customer’s complaint within 14 (fourteen) calendar days and will inform the Customer about further actions.

To process the complaint, the Customer should deliver the complained product or products along with proof of purchase of this product (products) to the Seller and a description of

the complaint on the form constituting Appendix No. 2 to the Regulations, indicating the defect and the desired method of complaint resolution.

In the case of acknowledging the complaint, the Seller will replace the product with a defect-free one or remove the defect. If it is not possible to replace the product, remove the defect, or reduce the price, the Customer may withdraw from the contract, and the Seller will refund the amount due for the product to the Customer within 14 days from the date of accepting the complaint.

The Seller’s liability for physical defects of the sold products is limited to the amount paid by the Customer for these products.

The Seller is liable for warranty only if the physical defect is found within two years from the date of delivery of the item to the Customer.

The Customer is obliged to notify the Seller of a defect in the sold product within one year from the date of noticing the defect. If the Customer is a Consumer, the deadline for notifying the Seller of the defect in the sold product cannot end before the expiration of two years from the date of delivery of the item to the Customer. In order to meet the deadline, it is sufficient to send the notification before its expiry.

§ 13 Refunds

The Seller will refund the amount paid by the Customer in the event of:

a) withdrawal from the contract by the Customer,
b) cancellation of an order paid in advance in whole or in part,
c) acceptance of the complaint and lack of the possibility to repair or replace the product.

The refund will be made to the Customer’s bank account. If the refund to the Customer’s bank account is not possible, the Customer will be requested to provide data to enable the return to be made.

The Seller is not responsible for failure to make or delay in making the refund if the Customer did not provide data enabling the return to be made or if these data are incomplete.

§ 14 Personal Data

The Administrator of personal data is Pelletsfarm s.c. The Customer’s personal data are processed on the basis of the Customer’s consent, expressed during the process of setting up the Customer Account, and in the case of ordering without setting up a Customer Account – based on consent expressed during the ordering process.

Providing personal data by the Customer is voluntary, but necessary for the provision of services by electronic means and the conclusion of a sales contract. Personal data are processed only for the purposes of executing the Customer’s orders and the proper provision of services by electronic means.

The Customer has the right to access their data, correct them, and request the cessation of their processing.

The Customer’s data are processed in order to:

a) provide services by electronic means and conclude sales contracts,
b) perform contracts concluded with the Customer,
c) possibly pursue claims under contracts concluded with the Customer,
d) marketing activities after obtaining the Customer’s consent.

Personal data are not shared with other entities for marketing purposes.

§ 15 Final Provisions

In matters not regulated by these Regulations, the provisions of applicable law shall apply, in particular, the provisions of the Civil Code and the Consumer Rights Act.

The Shop uses Cookies. The Customer is informed about this fact the first time they visit the website. The Customer can consent to the use of Cookies by accepting the notification displayed. The Customer can also not express consent to the use of Cookies by changing the settings of the web browser used.

Disputes arising from the provision of services by electronic means, in connection with the implementation of the sales contract, will be settled by the common court of competent jurisdiction according to the provisions of generally applicable law. The parties may resolve disputes amicably if both parties agree.

The Seller reserves the right to amend the Regulations for important reasons, including changes in law or changes in the scope of services provided by electronic means. Changes to the Regulations come into force after 10 days from the date of their publication on the Shop’s website. For orders placed before the effective date of changes to the Regulations, the provisions of the Regulations in force at the time of placing the order apply.

These Regulations apply to contracts concluded from December 25, 2014.