Regulations of the Store

The store is run by El Chutney sp. z o.o. with headquarters in Kraków, KRS No. 0000869332 NIP 6793208269 REGON 387511344 (El Chutney sp. z o.o.).

I. Definitions.

The terms adopted in the Regulations mean:

  1. Customer – a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order under the Store;

  2. Consumer – an adult natural person with full legal capacity, making a purchase in the Store not related directly to its business or professional activity;

  3. Seller – El Chutney sp. Z o.o. with its seat in Kraków, KRS No. 0000869332 NIP 6793208269, REGON 387511344.

  4. Store – the website available at https://elchutney.pl/sklep/ through which the Buyer may, in particular, place Orders;

  5. Account – means a panel individual for each Buyer, launched on his behalf by The Seller, after the Buyer has registered and concluded the service contract to maintain the Buyer’s Account.

  6. Registration – means performing an activity in the manner specified in the Regulations that enables the creation of a Buyer’s Account,

  7. Buyer – both the Customer and the Consumer;

  8. Regulations – these Regulations for the provision of electronic services within the Online Store www.elchutney.pl

  9. Product – products presented in the Online Store;

  10. Order – a Buyer’s declaration of intent aimed at concluding a Sales Agreement.

  11. Contract – a contract for the sale of Products within the meaning of the Civil Code, concluded between El Chutney sp. z o.o. and the Buyer, concluded using the Store;

  12. Przelewy24 – electronic payment platform operated by PayPro SA ul. Kanclerska 15, 60-327 Poznań, NIP: 779-236-98-87 | Regon: 30134506. Przelewy24 operates an authorization and settlement system based on the decision of the President of the National Bank of Poland No. 1/2011 of 01/04/2011 and provides payment services as a national payment institution based on the decision of the Polish Financial Supervision Authority of 10/06/2014., entered into the register of payment services under the number IP24/2014 (available at https://erup.knf.gov.pl/View/). The activity of PayPro SA as a National Payment Institution is supervised by the Office of the Polish Financial Supervision Authority;

  13. Working days – days of the week from Monday to Friday, excluding public holidays.

  14. Delivery – the activity of delivering the Product specified in the Order by the Seller to the Buyer.

  15. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);

  16. Consumer Rights Act – the Act of 30 May 2014 on consumer rights, Journal of Laws 2020.287, i.e. of 2020.02.21;

  17. Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services, Journal of Laws 2020.344, i.e. of 2020.03.03;

II. General provisions.
  1. These Regulations define the rules for using the Store available at https://elchutney.pl/sklep/ and specify in particular:

  2. the rules for registering and using an account within the Store;

  3. the terms and conditions for submitting Orders via the Store by electronic means;

  • the rules for concluding Sales Agreements with the use of services provided under the Store.

  • These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.

  • Sufficient to use the Store, in particular to make a purchase in the Store, are:

  • Internet access,

  • a standard operating system,

  • a standard web browser,

  • having an active e-mail address.

  • Customers can read these Regulations at any time via the website www.elchutney.pl and download and record them by printing them out.

  • Information about the Products provided on the Store’s websites, in particular their descriptions, parameters, and prices, do not constitute an offer within the meaning of the Civil Code.

  • The Store may at any time change the range of Products offered, which does not give rise to the Seller’s liability towards users with whom no contract has been concluded.

  • The products meet the requirements of Polish law. The Seller is not responsible for the admissibility and compliance of the products with the laws of another country in the case of exporting the Products.

  • All rights to the Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, Website, as well as to patterns, forms, logos, graphics, photos posted on the Website belong to the Seller, and the use of them may take place only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.

III. Rules for using the Online Store.
  1. Registration in the Store is not necessary for the Buyer to make a purchase in the Store. Registration enables the tracking of the Order fulfillment process.

  2. The condition for registration is to agree to the content of the Regulations and to provide personal data marked as mandatory, necessary for the conclusion and implementation of the Agreement.

  3. In order to register, the Buyer should complete the registration form provided by the Seller on the Website and send the completed registration form electronically to the Seller by selecting the appropriate function. The Buyer sets an individual Password.

  4. When completing the registration form, the Buyer has the opportunity to read the Regulations and accept its content by marking the appropriate field.

  5. El Chutney sp. Z o.o. may deprive the Buyer of the right to use the Store, as well as limit his access to some or all of the Store’s resources, with immediate effect, in the event of a breach by the Buyer of the Regulations, in particular when the Buyer:

  6. provided during registration in the Store data that was misleading or violating the rights of third parties,

  7. violated the personal rights of third parties via the Store, in particular the personal rights of other Buyers of the Store,

  8. engages in other behaviors that are inconsistent with applicable law or general principles of using the Internet or harming the good name of El Chutney sp. z o.o.

  9. A person who has been deprived of the right to use the Store may not re-register without the prior consent of El Chutney sp. z o.o.

  10. The Buyer is obliged in particular to:

  11. not provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,

  12. use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,

  13. use the Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.

  14. The online store is not responsible for Orders placed by unauthorized third parties to whom the Buyer provided his password or who gained access to the Buyer’s account as a result of the Buyer’s failure to adhere to precautionary principles.

IV. Conclusion of a sales contract.
  1. In order to conclude the Agreement via the Store, go to the website https://elchutney.pl/sklep/ and select the products ordered. The selection of the Products ordered by the Buyer is made by adding them to the Cart.

  2. Until the “Order” button is pressed, the Buyer may modify the entered data and selected Products.

  3. After the Buyer using the Store provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will contain information on:

  4. the subject of the Order,

  5. prices of ordered Products, including delivery costs and additional costs (if any),

  6. selected payment method,

  7. the chosen method and time of delivery,

  8. A prerequisite for making a purchase is the acceptance of the Regulations, providing personal data marked as mandatory and pressing the “Order” button. As soon as the Buyer has approved his Order, it is considered that he has consciously accepted the content of the Order, including his obligation to pay the price for placing the Order, price, size, characteristics, quantity and delivery date of the Products offered by the Store and ordered by the Buyer.

  9. After placing the Order, the Buyer receives an e-mail containing the final confirmation of all essential elements of his Order. The contract is considered concluded with the moment the Buyer receives the e-mail referred to in the preceding sentence.

  10. The deadline for completing the Order is 10 business days from the date of receipt by the Buyer of the message containing the confirmation of the Order being accepted for execution.

V. Delivery.
  1. The delivery of Products is limited to the area indicated when placing the Order and takes place at the address indicated by the Buyer when placing the Order.

  2. Delivery costs are added to the price of purchased Products and presented before placing the Order. The delivery takes place to the address indicated by the Buyer.

  3. The Buyer is obliged to verify the condition of the packaging and the Products upon delivery. In the case of a courier shipment, the contents of the package should always be checked in the presence of the courier. In the event of damage or loss, please refuse to collect the parcel and immediately draw up a complaint protocol containing all reservations regarding the irregularity found and send it to the following address: reklamacje@elchutney.pl.

VI. Payment.
  1. Product prices are the prices in force at the time of placing the Order by the Buyer. The Store may at any time change the prices of the Products offered in the Store, provided that the prices accepted by the Buyer at the time of placing the Order will be binding for the given Order.

  2. Payment methods are each time given when placing an Order and they are:

  3. by bank transfer to the bank account number,

  4. cash on delivery,

  5. via the Przelewy24 website.

  6. Payment by bank transfer should be made no later than 7 days from the date of placing the Order. If no payment is made within 7 days from the date of placing the Order, the Buyer will receive an e-mail from the Online Store with a reminder to make the payment. If the Buyer fails to pay for the Order within 10 days from the date of placing the Order, the Order will be canceled, and the Buyer will receive an e-mail informing about the cancellation of the Order.

  7. The Store, excluding the Seller’s liability in this respect, has the right to suspend or cancel the execution of the Order, regardless of the type and stage of its performance, in the case of an undesirable event related to payment such as suspected fraud.

VII. The right to withdraw from the Agreement.
  1. The Buyer, who is a Consumer, has the right to withdraw from the Agreement within 14 days from the date of delivery, without giving any reason. The exercise of the right to withdraw from the Agreement by the Consumer is possible by informing the Store about his decision to withdraw from this Agreement by way of an unequivocal statement, which may also be submitted according to the template constituting an appendix to these regulations.

  2. To meet the deadline to withdraw from the Agreement, it is sufficient for the Consumer to send information about the exercise of his right to withdraw from the Agreement before the deadline to withdraw from the Agreement. The consumer is obliged to return the Product to the Seller immediately, but not later than within 14 days from the date on which he received the Products. To meet the deadline, it is enough to return the Product to the Seller’s address before the deadline.

  3. The product must be returned unchanged and not showing signs of opening. The Buyer is responsible for reducing the value of the purchased Product as a result of using the Product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

  4. The right of withdrawal cannot be exercised in relation to purchased Products:

  5. 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 commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;

  6. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;

  7. 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;

  8. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;

  9. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;

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

  11. in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the entrepreneur has no control;

  12. in which the consumer explicitly demanded that the entrepreneur came to him in order to perform urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or items

  13. in which digital content is provided that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.

  • In the event of withdrawal from this Agreement, the Store returns all payments received, including the costs of delivering the Products (except for additional costs resulting from the selected delivery method other than the cheapest standard delivery method offered by the Store) immediately, and in any case not later than 14 business days from the day on which the Store received the return of the Goods. The Seller shall refund 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.

  • Return costs higher than the lowest cost of returning the Product are borne by the Buyer.

VIII. Complaints about the Products.
  1. The Seller, pursuant to Art. 558§1 of the Civil Code completely excludes liability to customers due to physical and legal defects (warranty).

  2. The Seller as a selling entity is liable to the Consumer within the meaning of Art. 22 [1] of the Civil Code, under the warranty for defects to the extent specified in the Civil Code, in particular in Art. 556 and art. 556 [1] – 556 [3] of the Civil Code.

  3. Complaints arising from the violation of the rights of Consumers guaranteed by law or under these Regulations should be sent to the address reklamacje@elchutney.pl.

  4. The Seller undertakes, if possible, to consider each complaint within 14 days, and if it was not possible, to inform the Consumer, if possible, within this period, when the complaint will be considered.

  5. El Chutney sp. Z o.o. is not the manufacturer of the Products and does not provide a guarantee for the Products sold and does not provide after-sales services.

IX. Provision of services by electronic means.
  1. The Seller provides the Buyers, by electronic means 24 hours a day, free of charge:

  2. account management,

  3. a newsletter, which consists in sending by the Seller, to the e-mail address, an electronic message containing information about new products or services offered by the Seller.

  4. The Seller reserves the right to choose and change the type of services mentioned, about which he will inform the Buyer in the manner specified for changing the Regulations. The Newsletter service may be used by any Buyer who enters his e-mail address, using the registration form provided by the Seller at www.elchutney.pl.

  5. The Buyer may at any time resign from the Newsletter by unsubscribing by deactivating the appropriate field in the Account.

  6. In order to ensure the security of personal data and the performance of concluded Agreements, the Online Store takes technical and organizational measures adequate to the risks. Detailed information on the security of personal data can be found by the Buyer in the Privacy Policy.

  7. The Buyer is obliged to immediately notify the Seller of any irregularities or interruptions in the functioning of the Store’s website. Irregularities related to the functioning of the Store may be reported by the Buyer in writing to the following address: the Seller’s headquarters, by e-mail to the address reklamacje@elchutney.pl or using the contact form. In the complaint, the Buyer should provide his name and surname, correspondence address, type, and date of irregularities related to the functioning of the Store.

  8. El Chutney sp. z o.o undertakes, if possible, to consider each complaint within 14 days, and if that was not possible, to inform the Buyer within this period, when the complaint will be considered.

X. privacy policy and personal data security.

The administrator of databases of personal data provided by Buyers is El Chutney sp. z o.o. with its seat in Kraków, KRS No. 0000869332 NIP 6793208269 REGON 387511344. All information on the protection of personal data can be found in the Privacy Policy.

XI. Final provisions.
  1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer.

  2. The Consumer has the following exemplary possibilities of using out-of-court complaint and redress procedures:

  3. application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/);

  4. application for out-of-court dispute resolution to the voivodeship inspector of Trade Inspection (more information on the website of the inspector competent for the place of business by the Seller); and

  5. assistance of a powiat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

  6. At the address http://ec.europa.eu/consumers/odr/ there is a platform of an online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

  7. All graphic or non-graphic signs, all illustrations, images and logos as well as all content on the website www.elchutney.pl are and will remain the exclusive property of El Chutney sp. z o.o. based in Kraków, KRS No. 0000869332 NIP 6793208269, REGON 387511344 or a given owner of intellectual property rights. Any total or partial reproduction, modification or use of the above Product marks, pictures, images and logos or other content on the indicated website, for any reason and on any medium, is prohibited without the express prior consent of El Chutney sp.z o.o. with its seat in Kraków, KRS No. 0000869332 NIP 6793208269 REGON 387511344 or a given owner of intellectual property rights.

Appendix No. 1 to the Regulations

TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the Agreement)

– Recipient ______________________________________________

– I/We (*) hereby inform about my/our (*) withdrawal from the contract of sale of the following items/contract of delivery of the following items (*):

– Date of conclusion of the contract (*)/receipt of the goods (*):

– Name and surname of the consumer(s):

– Address of the consumer(s):

– Signature of the consumer(s) (only applicable if the form is sent in paper version)

– Date

(*) Delete as appropriate.