Terms & Conditions
The owner of the happysnacky.pl online store is M4M GROUP Sp. z o.o. based in Tarnowskie Góry, ul. Gliwicka 35, 42-600 Poland, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Gliwice, 10th Commercial Division of the National Court Register under the number KRS 0000631572, NIP: 6452548001, REGON: 365126327, (hereinafter referred to as: "Seller").
The Seller runs the Happy Snacky online store and is responsible for the proper provision of electronic services available in the Store.
- "Store" - an online store operating at https://happysnacky.pl, providing services for the sale of Products by electronic means. A detailed list of Products and their unit prices is available on the Store's website.
- "Parties" - Administrator and User.
- "User" - Consumer, Entrepreneur or other entity using the services provided by the Store.
- "Seller" - M4M GROUP Sp. z o.o. based in Tarnowskie Góry, ul. Gliwicka 35, 42-600 Tarnowskie Góry, Poland, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Gliwice, 10th Commercial Division of the National Court Register under the number KRS 0000631572, NIP: 6452548001, REGON: 365126327
- "Entrepreneur" - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity - carrying out economic activity on its own behalf.
- "Consumer" - a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity.
- "Products" - products available for sale through the Store.
- "User Account" - a place in the Store's IT system where there is information about the User, to whom the Account belongs, and ensuring the possibility of using the services provided by the Store.
- "Registration" - an activity consisting in providing the User's data and making the acceptance necessary to create an Account.
- "Website" - the website available at https://happysnacky.pl
- "Terms & Conditions" - these regulations.
- "Order" - User's declaration of intent submitted via the Order Form and aimed directly at concluding a Product sales contract with the Seller.
II GENERAL PROVISIONS
- The Seller is the owner of the Store. The Terms and Conditions define the terms of using the Store: the rules for concluding distance sales contracts, the performance of these contracts, the rights and obligations of the parties and the rules for the complaint procedure.
- These Terms and Conditions constitute regulations within the meaning of the provisions of the Act of 18th July 2002 on the provision of electronic services (Journal of Laws of 2017, pos. 1219 as amended).
- The User is obliged to:
- use the Store in accordance with good manners and respect for the personal rights of other entities;
- not delivering and transferring to the Seller and posting illegal content, opinions and other illegal data in the Store;
- use the Store without disrupting its operation;
- use of any content contained in the Store only for personal use;
- refrain from taking any actions consisting in sending or posting unsolicited commercial information (spam) within the Store.
- The statements made by the User during Registration - creating an Account or placing an Order without Registration are tantamount to stating that:
- the information provided by the User is true,
- The User undertakes to refrain from any actions aimed at hindering, destabilizing the activities of the Store or making it difficult for other Users to use the Store.
- The user is solely responsible for the data and other content posted by him on the Store's website.
- The use of the Store takes place using an information and communications technology (ICT) system that provides providing processing and storage, as well as sending and receiving data via telecommunications networks,in accordance with the Act of July 18th, 2002 on the provision of electronic services (Journal of Laws of 2017, pos. 1219, as amended).
- The use of the Store by the User requires:
- having a computer or other multimedia device with access and connection to the Internet;
- having an active e-mail account (e-mail).
IV USER ACCOUNT
- The Seller provides services electronically in the field of enabling Users to set up and use a User Account on the Store's website at: https://happysnacky.pl
- Registration of a User Account in the Store is voluntary and unpaid.
- The User may browse the Store's assortment and place Orders without registering a User Account. However, a User who has registered a User Account in the Store has the option to: track the Order history, track the status of the Order placed.
- Registration of the User Account takes place by pressing the "My Account" icon on the Store's home page. Registration of a User Account may also take place when placing an Order via the Store.
- To register an Account in the Store, it is required to indicate: the User's first and last name, e-mail address (login) and password.
- After completing the registration form, press the "Create an account" button. Then the Seller will send a message confirming the registration of the User Account to the User's e-mail address provided in the registration form. After registering the Account, the User may log in to the Store by wherewithal the login and password provided during registration.
- A User who has registered by creating a User Account on the website https://happysnacky.pl is obliged to protect access to his/her own User Account, in particular by protecting the confidentiality of the User's Account password.
- The User may at any time correct the data or change it in his User Account.
- The User has the right to delete the Account in the Store by clicking "Delete Account" in the User Account.
- On the basis of and on the terms of the Regulations, the Seller and the User conclude contracts for the sale of Products by electronic means. Orders can be placed 24 hours a day, seven days a week, while their execution takes place on business days (from Monday to Friday, 8 a.m. to 4 p.m.).
- An element of the ordering procedure is also the provision by the User of his personal data indicated in the Order Form marked as obligatory and the User's consent to the processing of personal data provided when placing the order, by checking the appropriate box, in order to process and service the order placed in the Store. Consent is voluntary, but necessary to place an Order.
- In order to place an order through the store, the User should have an Account or make a purchase without registration.
- Placing an Order for the delivery of Products offered in the Store takes place through (Registered Users must first log into the User Account):
- selecting a Product or Products from among those available in the Store's offer, and then clicking the "Buy" button;
- indicating the number of Products ordered - separately for each of the selected Products in the Basket;
- verification and approval or change of personal data provided in the Account Registration process;
- choosing the method of delivery;
- choosing the method of payment;
- consent - by checking the appropriate box - to the processing of personal data;
- clicking the "Pay and order" button.
- Information about the total value of the Order, which includes the price of the Product and the costs of its delivery, is each time provided on the Store's website when placing the order, including immediately before and at the time of approval and submission of the Order by the User. These are the total costs that the User is obliged to pay together with the applicable taxes and the costs of delivering the Product.
- During the ordering procedure - until the button "Pay and Order" is pressed, the User may modify the Order, in particular in terms of the selection and number of individual ("+", "-") Products, delivery and payment methods.
- The Order is placed by pressing the "Pay and Order" button by the User. After this step, the User cannot modify the order.
- After placing the Order, to the e-mail address indicated in the Order form or on the User Account, when the User has placed the Order using the User Account, the User will receive an automatic message confirming the submission of the Order.
- The term of the Order begins to run from the moment of posting the payment of the Order on the account of the Seller.
- Any change in the status of the Order each User is informed by e-mail sent to the User specified email address. Notwithstanding the above, changes in the status of the Order are also visible in the Store's system after logging in by the User to the Account.
- The deadline for completing the Order is 2 to 5 business days.
- Photos of the Products placed in the Store are examples and are for presentation purposes only.
VI PRICES OF PRODUCTS
- The prices of the Products offered by the Store are expressed in European currency (euro) and are gross prices, i.e. they include taxes, including the tax on goods and services (VAT).
- The prices of the Products listed on the Store's website do not include the delivery costs of the Products. The costs of delivering the ordered Products are each time provided on the Store's website when placing the Order, including immediately before and at the time of approval and submission of the Order by the User, and are included in the total value of the Order. The total value of the Order includes the price of the Product and the costs of its delivery.
- Information on the Product's price, features and essential properties of the Product are available on the Store's website and attached to the presented Product.
- The binding and final price is the price given in the "Basket" in the summary of the Order before placing the Order by the User.
VII PAYMENT AND DELIVERY
- When placing an Order, the User may choose the following payment methods:
- electronic payment by credit or payment card (Visa, MasterCard);
- online transfer of electronic banking via the iMoje, TPay online payment service;
- Placing an order by the User and accepting these Regulations is tantamount to consent to the User receiving VAT invoices, proforma invoices and correction invoices, as well as (if necessary) duplicates of the foregoing invoices - by electronic means.
- The ordered Products are delivered only within the terrority of the European Union.
- The order is canceled if payment is not made.
- The Seller enables the delivery/collection of Products realized as part of the Store:
- via the DPD Polska sp. z o.o. based in Warsaw to the address provided by the User;
- Delivery of Products ordered via the Store to the place indicated by the User when placing the Order is payable. Delivery costs are specified on the Store's website in the Shipping & delivery tab.
- The User will receive an appropriate e-mail message containing information that the Products have been handed over for shipment.
VIII TERMINATION OF THE AGREEMENT, RIGHT TO WITHDRAW FROM THE CONTRACT
- The Seller has the right to cease providing Services to a User who is not a Consumer at any time without giving a reason. In the case of Users who are Consumers, the Seller may take advantage of the above-mentioned right only in case of a gross violation by such User of the provisions of the Terms and Conditions.
- A user who has registered on the Store's website may terminate the Account maintenance agreement by sending an appropriate e-mail to the following address: email@example.com. The user will receive an e-mail confirming the removal of the Account from the Store.
- The Seller reserves the right to change the scope of the services provided and the Products offered, as well as their prices, with the proviso that Orders placed by the User before the publication of changes on the Store's website should be made on the basis of the previously applicable rules.
IX WITHDRAWAL FROM THE CONTRACT OF THE CONSUMER
- Within 14 days from the date of taking possession of the ordered Products by the User or a third party designated by him/her, who is not a carrier, the User who is a Consumer has the right to withdraw from the contract by submitting an appropriate statement without giving a reason and without incurring costs, except for the costs specified in point VII.
- The deadline to withdraw from the contract expires after 14 days from the date on which the User who is a Consumer acquires, or a third party other than the carrier and indicated by the User who is a Consumer acquires, physical possession of the goods.
- In order to exercise the right to withdraw from the contract, the Seller should be informed of the above by submitting an unequivocal statement of the decision to withdraw from the contract, sending it by post to the following address: M4M Group sp. z o.o. ul. Gliwicka 35, 42-600 Tarnowskie Góry, Poland or by e-mail to the following address: firstname.lastname@example.org
- When submitting a declaration of withdrawal from the contract, the User who is a Consumer may use the template of the "Declaration of withdrawal" form attached as appendix 1 to these Terms and Conditions.
- In order to comply with the deadline for withdrawing from the contract, information should be sent regarding the exercise of the right of the User who is a Consumer to withdraw from the contract, before the deadline for withdrawal indicated above.
- In the case of withdrawal from the sales contract, the Store returns to the User who is a Consumer all payments made by him/her, including the costs of delivering items to the User. Subject to point 9 below, immediately, and in any case not later than within 14 days from the date of receipt of the statement of the User who is a Consumer on withdrawal from the contract. The reimbursement will be made using the same payment methods that were used by the User who is a Consumer, unless the User who is a Consumer has expressly agreed to a different method of return, which does not involve any costs for him/her.
- In the case of returns of orders paid by postal order, the User is asked to provide the bank account number to which the refund is to be made.
- The returned goods should be properly secured for transport, should not bear traces of use or be damaged.
- If the returned item is damaged, used, incomplete or destroyed, the Seller, after estimating the value of the damage or use to an extent that goes beyond what is necessary to establish its features and functioning, may deduct this amount from the costs reimbursed to the User.
- The Consumer acknowledges that, in accordance with the Consumer Rights Act, if the Consumer has chosen a method of delivery other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer (the Seller shall only refund the cost of the cheapest form delivery of the goods it offers).
- When making a return, the User bears the direct costs of returning the goods (packaging and returning the goods) to the Seller.
- The Seller may withhold the reimbursement of payments received from the User who is a Consumer until receipt of the returned Product or until proof of its return is provided, depending on which event occurs first.
- The product should be sent back or handed over to the Seller to the following address: M4M Group sp. z o.o. ul. Gliwicka 35, 42-600 Tarnowskie Góry, Poland immediately, but not later than within 14 days from the day on which the User who is a Consumer withdrew from the contract. The deadline is met if the User who is a Consumer sends the Product back within 14 days.
- The right to withdraw from the contract is not available to the Consumer in reference to contracts:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
- 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.
X COMPLAINTS AND WARRANTIES
- Seller pursuant to art. 558 § 1 of the Polish Civil Code excludes liability to Users who are not Consumers due to physical and legal defects (warranty).
- The Seller shall be liable to Users who are Consumers for defects in the Products on the terms specified in the provisions of the Act of 23rd April 1964 of the Polish Civil Code (i.e. Journal of Laws of 2017, pos. 459, as amended), in particular in art. 556 et seq. Of the Polish Civil Code (warranty).
- In the case of Users who are Consumers, they have the right to file a complaint if the Products delivered as part of the Service have a physical or legal defect (warranty). A physical defect consists in the non-compliance of the sold item (Product) with the contract.
- Complaints may be lodged in the case of Users who are Consumers - within the time limits and on the terms specified in the provisions of art. 556-576 of the Polish Civil Code - to the extent that these provisions apply to the warranty when selling to Consumers.
- Complaints may be submitted in electronic form - by e-mail to the following address: email@example.com or in written form, by registered mail to the following address: M4M Group Sp. z o.o. ul. Gliwicka 35, 42-600 Tarnowskie Góry, Poland with the annotation "Complaint".
- It is advisable that the complaint should contain in particular: name and surname, correspondence address, e-mail address to which a reply to the complaint is to be sent (if the Consumer wishes to receive a reply to the complaint via electronic), the date of purchase of the Product, the order number, the type of the Product complained about, the production batch number, the exact description of the defect and the date of its finding, Consumer's request, as well as the manner of informing about the method of considering the complaint, preferred by the Consumer. Along with submitting the complaint, the Consumer may provide the Seller with a proof of purchase of the Product. The above content regarding the submission of a complaint is only an example that the User who is a Consumer does not have to use, and does not affect the effectiveness of complaints submitted without the recommended description of the complaint.
- It is recommended to attach photos of Products subject to the complaint in order to speed up complaint recognition. In the event that it turns out to be necessary for the correct consideration of the complaint, the Consumer is obliged to send the defective Product to the Seller's address. With regard to Users who are Consumers and if the complaint is considered justified, the costs of returning the defective Products to the Seller's address and the costs of delivering the Products free of defects (in the event of replacement of the Product) are borne by the Seller.
- The consumer has the right to demand:
- defect removal;
- replace the defective Products with those free from defects;
- reduce the price or withdraw from the contract (submitting a statement), unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective Product with a Product free from defects or removes the defect. This limitation does not apply if the item has already been replaced by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or to remove the defect. The User who is a Consumer may, instead of the removal of the defect proposed by the Seller, demand that the item be replaced with a non-defective one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Consumer. The seller. The User who is a Consumer may not withdraw from the contract if the defect is irrelevant;
- The Seller will consider the complaint as soon as possible - not exceeding in any case 14 days from receiving the request. The Seller will immediately notify the claimant about the result via e-mail or a letter sent by post.
- The Seller does not provide a quality guarantee for the Products. However, with regard to some of the Products offered in the Store, the Product manufacturer has additionally granted a quality guarantee. The existence and content of the guarantee each time result from the description of the Product on the Store's website.
XI EXTRAJUDICIAL METHODS OF DEALING WITH COMPLAINTS
- Information on the possibility for the User who is a Consumer to use extrajudicial methods of dealing with complaints and vindication of claims and the rules of access to these procedures are available at the offices and on the websites of county consumer advocacy, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and at the following websites of the Office of Competition and Consumer Protection.
XII PROCESSING AND PROTECTION OF PERSONAL DATA
- The Seller is the administrator of personal data provided by the User under the Account and/or in the course of placing Orders. All personal data obtained by the Seller are protected and processed in accordance with the Regulation of the European Parliament and of the Council (EU) of April 27th, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC and the Act of July 18th, 2002 on the provision of electronic services (i.e. Journal of Laws of 2017, pos. 1219, as amended) in order to register the Account and execute Orders. Providing data marked as mandatory is voluntary, but necessary for the provision of services by the Seller via the Store. Providing data marked as optional is voluntary and does not constitute a condition for the provision of services by the Seller. Each User has the right to access, correct and supplement their data.
XIII FINAL PROVISIONS
- The Terms and Conditions are effective from the moment they are published on the website of the online store https://happysnacky.pl
- The Seller reserve the right to amend these Terms and Conditions to preserve the conditions and the period of notice referred to below. Amendments to the Regulations may include, among others, extending the functionality of the Store, the Store functions available to Users, as well as other provisions of the Terms and Conditions and attachments.
- The Seller, when introducing changes to the Terms and Conditions or attachments to the Terms, will inform Users about it by placing such information on the Store's website.
- The amended Terms and Conditions will apply after its publication, on the date indicated by the Seller in the amended Terms and Conditions, not shorter than 14 days. The above does not apply to technical changes, as long as these changes do not worsen the User's situation. The technical changes referred to in the preceding sentence shall enter into force on the date of their publication on the Store's website or on another date indicated by the Seller. Amendments to the Terms and Conditions or attachments to the Terms and Conditions resulting from changes in generally applicable provisions shall enter into force on the date of entry into force of these provisions.
- If any provisions of the Terms and Conditions are considered invalid, the remaining provisions will remain in force and are binding.
- In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply.