Art. 1. General provisions
- These Regulations define the rules of using the Online Store at www.ideau.pl, placing orders for products available in the ideau.pl Online Store, delivery of the ordered products to the Customer, payment by the Customer of the sale price of the products, the Customer’s right to cancel the order and withdraw from the contract and the rules for filing and examining complaints.
- The owner of the online store operating at www.ideau.pl is AQUA VIVRE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ PRODUKCJA SPÓŁKA KOMANDYTOWA with the registered office in Mikołów (43-190) ul. Darwina 8, REGON 363549383 NIP 6351837264, entered in the Business Register KRS under number 0000597110, kept by the District Court Katowice-Wschód in Katowice, VIII Department for Commercial Matters of the National Court Register, hereinafter referred to as the Company, hereinafter referred to as the Company or the Store. The contact with the Company is by email at firstname.lastname@example.org and by phone at the Customer Service at +48 32 428 10 00.
- To use the ideau.pl Online Store, including browsing through the online store’s product range and ordering products, the following prerequisites are necessary:
- a terminal device with internet access and a web browser, e.g. Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;
- an active email account (email)
- The Customer is entitled and obliged to use the Online Store in accordance with its intended use. It is forbidden for the Customer to use the Online Store in a way that violates the law, good manners, personal rights of third parties or legitimate interests of the Company, in particular by way of providing unlawful content.
- The Company, in the widest extent permitted by the law, is not responsible for any disruptions, including interruptions, in the operation of the Ideau.pl Online Shop caused by force majeure, unlawful activities of third parties or incompatibility of the Online Shop with the Customer’s technical infrastructure.
- Browsing the product range of the Ideau.pl Online Store does not require registration. Placing orders by the Customer for the products available in the Online Store is possible after registration or by entering the necessary personal and address data that enable processing of the order without registration.
- Settlements of transactions by payment card and e-transfer are carried out with the Przelewy24 service. These services are provided by PayPro SA Group at ul. Kanclerska 15, 60-327 Poznań, NIP 779-236-98-87, Regon 301345068, the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Department for Commercial Matters of the National Court Register, KRS number 0000347935, with the share capital of 4,500,000 PLN DialCom24 Sp. z o.o. ul. Kanclerska 15, 60-327 Poznań NIP 781-173-38-52, REGON 634509164 the District Court for Poznań, VIII Department for Commercial Matters of the National Court Register, KRS number 0000306513, the share capital of 1,697,000.00 PLN, on the basis of the Regulations of Services at: http://przelewy24.pl/regulamin
- These Rules are the rules referred to in Art. 8 of the Act of 18 July 2002 n the provision of electronic services (DzU 2002 no. 144 item 1204 as amended), due to the fact that the Company sells food products for consumers over the internet, i.e. natural mineral water under the trade name of ID’EAU, hereinafter referred to as the Goods or the Product. The provisions of the Rules are available at www.ideau.pl, and the Company and the Customers, including consumers, are obliged to comply with all the provisions of the Rules.
- These Rules are made available by the Company at www.ideau.pl on the continuous basis and free of charge, in a way that allows the users to access, reproduce and record its contents by printing or saving on a media at any time, using the IT system of the user.
Art. 2. The rules of using the Ideau.pl Online Store
- Any irregularities in the operation of the Online Store may be reported to the Company via the Customer Service. Complaints as regards the products may be reported in accordance with the provisions of Art. 8 and 9 of the Regulations.
- The reports referred to in clause 1 of this section shall be examined within 14 days of the date of reporting.
Art. 3. Information about products
- The prices of the products stated on the web pages of the Ideau.pl Online Store:
- include VAT tax and are in Polish zloty;
- do not include delivery costs.
- The Company reserves the right to change the prices of the products on the ongoing basis and to carry out and cancel all types of promotional campaigns and sales. The right referred to in the previous sentence shall not affect the orders placed before the effective date of the price change, of the conditions of promotional campaigns or sales. The Company will inform the Customers about the planned price changes or about the planned cancellation of a promotional campaign or sales at least 14 days before the entry of these changes into force, with the information on the main page of the Online Store and in the newsletter.
Art. 4. Processing orders
- The Customer may place orders for the products available in the product range of the Online Store on the 24/7 basis.
- In order to place an order:
- it is possible to choose the option to place an order without registration;
- select the product of the order and click “Add to basket” (or equivalent);
- choose the method of delivery of the product;
- enter the data of the recipient of the order, the phone number, and the address where the product is to be delivered.
- enter the data for the delivery, if different from the data for the invoice, if a VAT invoice is to be made out for the Customer;
- choose the method of payment;
- The customer will pay for the order in one of the available methods.
- After placing the order, to the Client’s email address stated during the ordering process, the confirmation of reception of the order by the company shall be sent, the invoice shall be sent to the same email address (as an attachment) confirming the completion of the order after the ordered goods are shipped off.
- If the ordered product is not in stock or when the order of the Customer cannot be processed for other reasons, including if the purchase of the products from the Company’s suppliers within the time limit expected for the completion of the order is not be possible, the Company shall inform the Customer about the situation with a message sent to the email address stated by the Customer or by a phone call to the number stated by the Customer, within the time limit following the generally applicable laws. If this is the case, the Customer is entitled to withdraw from the contract and the Company is obliged to refund the payment made by the Customer promptly, unless the Customer agrees for the Company to complete the order at a later time, as stated by the Company.
- If the Customer provides an incorrect or inaccurate address, the Company shall not be liable for non-delivery or delay in delivery of the subject of the order in the fullest extent permitted by the law.
Art. 5. Changes in the order
- The Customer may make changes in the order until all the products are marked as processed. The changes may include resignation of all or some of the products of the order. In case of cancellation of the order (in whole or in part), if the payment has been made in advance, the sale price (the corresponding part of the sale price) shall be refunded in accordance with the generally applicable provisions of the law. Refunding rules are set forth in Art. 12 of the Rules.
- The Customer may change the delivery address or the data on the invoice only before the processing of the products is marked as completed, by submitting a relevant instruction by email sent to email@example.com
Art. 6. Payment methods and commencement of the processing of the order
If the order is placed by the Customer when the subject of the order is to be delivered within Poland, the payment must be made before the reception of the order (payment in advance), by a traditional bank transfer (allow 2-3 business days for the processing of the payment), or by immediate transfer supported by Przelewy24. Cash payment on delivery is also available.
Art. 7. Time for completion of the order
- The orders are processed on working days, i.e. any days of the week from Monday to Friday, except public holidays. Orders are usually processed within 24 hours after the payment is credited to the account, with delivery by a courier company. The courier company delivers the products within 24-48 hours after the order is dispatched.
- The Company is not liable for the lack of delivery due to the Customer’s providing incorrect or incomplete data of the delivery address.
Art. 8. Complaints
- The Store is liable to the Consumer under the warranty for physical and legal defects of the Goods in the scope specified in Art. 556 ff of the Civil Code act of 23 April 1964 (DzU 2014 item 121).
- The Customer should report complaints to the Company’s address stated in Art. 1.2 or at firstname.lastname@example.org. Complaints will be examined within 14 days of the date of reception by the Company.
- Complaints should include the identification of the person lodging the complaint (name and surname or company name, address of residence or registered office, email address) and the description of the event that caused the complaint.
- Physical defect of the Goods means discrepancy of the item sold against the order placed. This means that the Goods:
- Do not have the properties that they should have in view of the purpose of the order, resulting from the circumstances or the intended use,
- Do not have the properties about which the Seller assured the Customer,
- Are not suitable for the purpose about which the Customer informed the Seller at the conclusion of the order, and the Seller did not raise any objections as to this intended use,
- The product was released to the Customer incomplete.
- The Store is liable under the warranty for physical defects of the Goods that existed at the time of the transfer of the ownership rights to the Consumer or that resulted from the cause inherent in the item sold.
- The Store is liable under the warranty for physical defects if the defect is found out before the expiry of two years of the date of the release of the item to the Consumer.
- If the physical defect is found out within one year of the date of release of the Goods to the Consumer, the defect or its cause is presumed to have existed at the time of the release of the Goods.
- A legal defect of the Goods is when the Goods are the property of a third party or are encumbered with third party rights, if the restriction of use or disposal results from a decision or statement of a competent authority.
- If the Goods have a defect, the Consumer may file a statement of price reduction or withdrawal from the order, unless the Store immediately and without excessive inconvenience for the Customer replaces the defective Goods with the Goods free of defects or eliminates the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller.
Art. 9. Out-of-court settlement of complaints and claims
- A customer who is a consumer has, among others, the following possibilities of using out-of-court means of handling complaints and claims:
- He/she is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with the application to settle a dispute arising from the concluded Order.
- He/she is entitled to request the voivodeship inspector of the Trade Inspection to initiate a mediation procedure regarding the amicable settlement of the dispute between the Customer and the Company.
- He/she can obtain free assistance in resolving the dispute between the Customer and the Company, including free help of the powiat (municipal) consumer ombudsman or of a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at toll-free consumer helpline 800 007 707 and by the Polish Consumers Association at email@example.com
- He/she can submit a complaint with the EU ODR online platform at http://ec.europa.eu/consumers/odr./.
Art. 10. Resignation from the order and withdrawal from the order
- The customer may resign from the order if the its products have not yet been prepared for shipment, sending an email message to firstname.lastname@example.org
- The consumer within 14 days, counting from the date of taking the product into possession by himself or by a third party appointed by him other than the carrier, may withdraw from the contract of sale, without giving a reason, by making a relevant statement in writing. The model statement is attached as Appendix 1 to the Rules.
- The statement on withdrawal from the contract should be sent to the following address:
AQUA VIVRE Sp. z o.o. Produkcja SP.K
43-190 Mikołów, ul. K. Darwina 8
- The consumer is obliged to return the goods to the Company immediately, not later than within 14 days of the date of the withdrawal from the order. To meet this time limit, it is sufficient to return the goods before the stated time limit to the address: AQUA VIVRE Sp. z o.o. Production SP.K 43-190 Mikołów, ul. K. Darwina 8. The consumer shall only pay the direct costs of returning the goods.
- The Company is obliged to immediately, not later than within 14 days of the date of the reception of the Consumer’s statement of withdrawal from the order, to refund the Consumer all the payments made, including the costs of delivery of the object. This refund shall be made with the same method of payment as used by the Consumer, provided that the refund of the amount paid by the Consumer depends on the reception of the Goods back by the Store or on the provision of the proof of return by the Consumer, whichever comes first.
- The right to withdraw from the order is not available for the Consumer in reference to the contracts (pursuant to Art. 38 of the Act of 30 May 2014 on consumer rights, the consolidated text of 24 June 2014, DzU 2014 item 827):
- for the provision of services, if the entrepreneur has fully provided the service with the express consent of the consumer, who was informed before the beginning of the service he will lose the right to withdraw from the contract after the service is provided by the entrepreneur;
- in which the price or the remuneration depends on fluctuations in the financial market beyond control of the entrepreneur and which may occur before the time limit for withdrawal from the contract;
- in which a non-prefabricated item is the subject of the service, manufactured according to the consumer’s specification or serving to satisfy his/her individual needs;
- in which the subject of the service is an item subject to fast deterioration or with a short shelf-life;
- in which the subject of the service is an item delivered in a sealed package which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after the delivery;
- in which the subject of the service are things that are inseparably connected with other things after delivery due to their nature;
- in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and whose delivery may take place only after 30 days, and whose value depends on fluctuations in the market beyond control over of the entrepreneur;
- in which the consumer explicitly demanded that the entrepreneur would come to him/her for urgent repair or maintenance; if the entrepreneur provides additional services other than those demanded by the consumer, or supplies things other than spare parts necessary to perform the repair or maintenance, the consumer is entitled to withdraw from the contract with regard to additional services or items;
- in which sound or visual recordings or computer software delivered in a sealed package are the object of the service, if the packaging has been opened after the delivery;
- for delivery of newspapers, periodicals or magazines, except of a subscription agreement;
- concluded through a public auction;
- for the provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract states the day or period of service provision;
- for the delivery of digital content that is not stored on a tangible medium, if the fulfilment of the service started with the consumer’s express consent before the time limit to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
- The consumer is liable for the decrease in the value of the product as a result of using it in a way that goes beyond what is necessary to establish the nature and characteristics
and the functioning of the product.
Art. 11. Refunds for Customers
- The Company will refund the amount immediately, but not later than within 14 calendar days, in the case of:
- cancellation of the order or part of the order (in which case the appropriate part of the price shall be refunded) paid in advance before its carrying out;
- returning of the product (withdrawal from the contract) from the order, which was delivered by a courier company.
- The Company will refund money into the Customer’s bank account (including the one associated with the Customer’s payment card) if the order was paid in advance by a bank transfer or with a payment card.
- To the widest extent permitted by the law, the Company shall not be liable for the lack of refund or delayed refund if, despite sending the customer’s bank account number to the email address provided by the Customer, the Customer does not send such a bank account number to the Company or if the reply does not contain data that would enable the refund. The company shall not be liable for the lack of the refund of the sums paid or for the delay in the refund if these result from the customer’s providing incorrect address data, registered or incorrect bank account number.
- If the Customer has made a payment for an order from a bank account that does not belong to him/her, a payment card, the refund will be made directly for the holder of that bank account, payment card with which the payment has been made for the Company in accordance with the rules described in this clause.
Art. 12. Personal data
- The Customer consents to the Company’s processing of the personal data provided by him/her in the process of account registration or in the order placement process without registration in the Ideau.pl Online Store, in the process of using the Online Store, including making purchases in the Online Store. Providing personal data by the Customer is voluntary, however, the lack of consent for the processing of personal data by the Company may prevent the Company from providing services electronically and making purchases by the Customer in the Online Store.
- Personal data are processed by the Company, i.e. the company under the name of Aqua Vivre Spółka z ograniczoną odpowiedzialnością Produkcja spółka komandytowa.
- The Company processes personal data for the purpose of providing services by electronic means, concluding with the Customer and executing contracts of sale of the products ordered by the Customer in the Online Store, also for marketing purposes, including, in particular, for the purpose of sending commercial information electronically to the Customer.
- The customer has is entitled to:
- Update his/her personal data at any time,
- Access the content of his/her personal data at any time,
- Request the deletion of his/her personal data,
- Any type of control within the meaning of Art. 32 of the Act of 29 August 1997 on personal data protection.
- The Customer declares that the personal data provided by him/her are the data of the Customer.
Art. 13. Newsletter
- After agreeing, the Customer will receive the newsletter (Newsletter) of the ideau.pl Online Store, as well as other commercial information sent by the Company on its own behalf and on request of third parties to the email address provided by him/her.
- The Customer may unsubscribe from the Newsletter at any time.
Art. 14. Final provisions
- The Company makes every effort to ensure that the services provided within the Online Store are at the highest level, however, the Company does not exclude the possibility of temporarily suspending the Online Store’s availability for maintenance, inspection, replacement of equipment or due to the need to modernise or expand the Online Store.
- In the widest extent permitted by the law, the Company is not liable for blocking by email server administrators sending messages to the email address stated by the Customer and for deleting and blocking email messages by the software installed on the computer used by the Customer.
- Specific settings of the terminal device may cause differences between the visualisation of the product on the Customer’s computer and the actual appearance of the product (colour, proportions, etc.). The customer is entitled to withdraw from the order in accordance with the provisions of the Rules.
- In the matters not covered in the Rules, the provisions of the Polish law shall apply, in particular of the Civil Code and the provisions of the Act of 30 May 2014 on consumer rights (the consolidated text of 24 June 2014, DzU 2014 item 827).
- By accepting these terms and conditions, the Customer agrees for the Company to collect and provide the statistics as regards his/her presence and activity in the Ideau.pl Online Store. The data are collected automatically and can be used to analyse Customers’ activity.
- Distribution of these Rules or of their parts without the written consent of the Company is prohibited.
- Unless otherwise stipulated by the mandatory Rules of the law, the Polish law shall be the law applicable to the resolution of any disputes arising from these Rules. All disputes arising from these Rules, if the other party is an entrepreneur in the meaning of the Civil Code, shall be settled before a common court competent for the registered office of the Company.
- The content of these Rules may change. Every consumer shall be informed about any changes with the information on the main page of the Website containing the summary of changes and the date of their becoming effective. Consumers who have a registered account shall be additionally informed about the changes along with their summary sent at the email address stated by them. The date of the amendments becoming effective shall not be shorter than 14 days of the date of their announcement. If the consumer who has a registered account does not accept the new content of the Rules, he/she shall be obliged to notify the Store about this within 14 days of the date of informing about the change in the Rules. Lack of the acceptance shall result in the deactivation of the registered account.