I. GENERAL PROVISIONS

  1. These Regulations define the rules of sale in the online store Pomidorladnia.pl, Sławomir Białoboki ul. Gady 1, 11-001 Dywity, tel. 502 957 490 e-mail sklep@pomidorlandia.pl located at the internet address https://www.pomidorlandia.pl, hereinafter referred to as the Store.
  2. The online store allows you to make purchases via the Internet.
  3. Purchases can be made online 24 hours a day, 7 days a week.
  4. Placing an order by the Buyer is tantamount to a declaration that he has read the Store Regulations and that he undertakes to comply with them.
  5. The sale takes place only in the shipping system.
  6. The Regulations are made available on the Store's website in a way that allows the Buyers / Customers to obtain, reproduce and record its content.
  7. The prices of goods in the online store are given in Polish zlotys (PLN) and are gross prices.
  8. The price list of the store does not constitute an offer within the meaning of the law. The prices listed are only an invitation to tender within the meaning of Art. 71 of the Civil Code. We reserve the right to change prices. The buyer's prices are valid at the time of placing the order.
  9. We fulfill orders only in the territory of Poland.

II. DEFINITIONS
The terms used in the Regulations mean:

  1. Seller - Agricultural Farm Sławomir Białoboki, Gady 1, 11-001 Dywity, phone 502 957 490 e-mail sklep@pomidorlandia.pl
  2. Store - a website allowing Buyers to conclude Sales Agreements, available in the Internet domain: www.pomirolandia.pl.
  3. Customer account - a database containing customer data used to execute orders placed, order history, customer preferences regarding selected store functionalities, data on payments for orders,
  4. Agreement - an agreement concluded in the Store on the terms resulting from the Regulations between the Seller and the Buyer,
  5. Regulations - these Store Regulations.
  6. Materials - information contained on the Store's website, incl. names and descriptions as well as photos and graphic illustrations of goods, markings of goods producers.
  7. Customer / Buyer - Internet user using the Store, purchasing or intending to purchase goods presented by the Seller via the Store.

III. GENERAL TERMS AND CONDITIONS OF USING THE STORE

  1. A buyer who is a natural person may use the Store provided that he has full legal capacity.
  2. The Buyer is obliged to provide true, current and complete data in the Registration Form and to follow the terms of the Regulations. The data provided by the Buyer may not violate the provisions of the currently applicable law, as well as personal rights and rights of third parties.
  3. The Buyer may not use the name of the Seller, the Store's logo, Materials and other components of the Store (including the Store's graphic elements and the Store's layout and composition - the so-called layout).
  4. The buyer is obliged not to disclose to third parties his login and password used to log in to the Store.

IV. REGISTRATION IN THE STORE

  1. Buyers have the option to:
    • use the Store, including concluding Agreements, without the need to register, or
    • registering in the Store
  2. The conclusion of the Agreement for the purchase of a given product without prior registration in the Store is possible, subject to other provisions of the Regulations, subject to the following conditions being jointly met:
    • correctly filling in the electronic online form available on the Store's website by providing the required data,
    • acceptance of these Regulations.
  3. Registration in the Store is possible only in the case of an adult Buyer and requires the following conditions to be met:
    • providing correct contact details,
    • acceptance of these Regulations.
  4. In the case of a legal person and an organizational unit without legal personality, registration in the Store, as well as all other activities of this entity in the Store, can only be made by a person who is authorized to perform on behalf of this entity all activities related to the use of the Store (including registration ) and to exercise all rights and obligations of this entity as a Buyer.
  5. The Seller may request verification of the data provided by the Customer, including in the case of updating the Customer's data, by sending the required documents to the Seller.
  6. In the event of any change to the Buyer's data provided during registration, the Customer should update them before concluding the next Agreement, using the appropriate form available in the Store.
  7. Upon registration in the Store, the Buyer's account is created, constituting a collection of resources in which information about the Buyer and about his activities within the Store in connection with the concluded Agreements are collected. As part of his account, the Buyer has, among others access to the history of your orders in the Store.

V. PLACING ORDERS IN THE STORE - CONCLUSION OF THE CONTRACT

  1. Before placing an order, the Buyer places the goods he / she intends to purchase in a virtual basket. The virtual basket is a tool that allows the Buyer to sum up selected goods before purchasing them, convert the value of goods collected in the basket and calculate delivery costs. When selecting goods, the Buyer may freely manage the contents of the basket by adding additional goods to the basket or removing them from the basket.
  2. After the final selection of goods intended for purchase, the Buyer is directed to the online form used to place orders in the Store.
  3. Placing an order constitutes an offer within the meaning of the Civil Code, submitted by the Buyer. After receiving the order, the Seller verifies that the order has been placed correctly (in accordance with the provisions of the Regulations). If the Seller determines that the order has been placed incorrectly, the Seller will inform the User about it.
  4. Placing an order entails an obligation to pay.
  5. After submitting the correct order, the Seller shall immediately send the Buyer information about the acceptance of the order (offer acceptance) to the e-mail address (e-mail) provided when placing the order or during registration. The contract for a given product is concluded when the Seller sends information about the acceptance of the order to the Buyer.

VI. SETTLEMENT FOR GOODS

  1. The buyer is obliged to pay the price for the goods ordered in the Store, including delivery costs, no later than within 7 days from the date of purchase.
  2. Payments for goods purchased in the Store by the Buyer (price and delivery costs) are made using the payment tools available in the Store and on the terms specified by the Seller.
  3. Payment for the goods can be made via the Dotpay service, PayPal, cash on delivery or bank transfer to the store's bank account.
  4. We do not issue VAT invoices, an invoice is automatically issued for each order, attached in a printed form to the shipment.
  5. The costs of delivering the goods to the Buyer are specified separately in the tab on the "Time and delivery costs" page.
  6. The buyer purchases the goods according to the prices and the amount of delivery costs in force at the time of placing the order. The amount of delivery costs depends on the method of delivery chosen by the Buyer.
  7. The Seller reserves the right to change prices and the amount of delivery costs, in particular in the event of a change in the price lists of services provided by the entities performing deliveries. This provision does not apply to effectively placed orders.

VII. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT The
Seller provides the Customer with the following payment methods under the Sales Agreement:

  • Via Dotpay, PayPal, cash on delivery or bank transfer to the store's bank account.

VIII. TERMS OF DELIVERY AND RECEIPT OF THE PRODUCT

  1. Product delivery is available on the territory of the Republic of Poland and is carried out by courier companies.
  2. The delivery of the Product to the Seller is payable, unless the Sales Agreement provides otherwise. Product delivery costs are indicated on the Online Store website in the "Delivery and shipping" tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
  3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
    • Courier delivery
    • Registered mail
  4. The date of delivery of the Product to the Buyer is up to 7 working days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, cannot exceed 7 business days. The start of the period for delivery of the Product to the Buyer is counted as follows:
    • If the Buyer chooses the method of payment by bank transfer - from the date of crediting the Seller's bank account.

IX. PRODUCT COMPLAINT

  1. The basis and scope of the Seller's liability towards the Buyer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code. The basis and scope of the Seller's liability to the Buyer who is a natural person, who purchases the Product for purposes not related to professional or business activity, for non-compliance of the Product with the Sales Agreement, are defined by generally applicable law, in particular the Act of 30/05/2014. on consumer rights (Journal of Laws 2020.287, as amended).
  2. Information on the Seller's liability for a Product defect and the Customer's rights are set out on the Online Store's website in the "Product Complaint" tab.
    • The complaint may be submitted by the Buyer, for example:
    • in writing to the following address: Sławomir Białoboki Gady 1, 11-001 Dywity
    • in electronic form via e-mail to the following address: sklep@pomidorlandia.pl
  3. Checking the parcel on delivery is a necessary condition for considering any claims of the customer for damage or theft of the parcel in transit. Finding damage, theft, non-compliance of the Product with the contract, its defect entitles the Buyer to refuse to collect the parcel.
  4. After receiving the goods and finding that the content of the shipment is damaged or incompatible with the order, the Customer is obliged to inform about this fact no later than 48 hours after receiving the shipment.
  5. If the complaint is accepted, the Customer receives a new product, and all costs related to the complaint (the cost of returning the goods and delivering a new one) are borne by the Seller. The seller does not accept complaints sent on delivery. The costs related to the return of the complaint will be immediately sent to the bank account indicated by the Customer after receiving the parcel and accepting the complaint.
  6. The seller is not responsible for the adoption of cuttings, their growth and rooting of the purchased plants, because it is related to external factors beyond his control and beyond his control.
  7. The seller is not responsible for delayed collection of the shipment by the buyer due to his fault.
  8. Due to the specificity of the Product, a complaint against seedlings or seeds may only be submitted before planting them.
  9. It is recommended that the Buyer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint, (4) photographic documentation of Product defects - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  10. The Seller will respond to the Buyer's complaint immediately, not later than within 14 calendar days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
  11. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: Sławomir Białoboki Gady 1, 11-001 Dywity or prepare for collection by the Seller within the time agreed with him.

X. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following website of the Office of Competition and Consumer Protection:  https://www.uokik.gov.pl/konsumenci.php ,
https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php .

XI. RIGHT TO WITHDRAW FROM THE CONTRACT

  1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. XI.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:
    • in writing to the following address: Gady 1, 11-001 Dywity
    • in electronic form via e-mail to the following address: sklep@pomidorlandia.pl
  2. An exemplary model withdrawal form is contained in point XIV of the Regulations and on the website of the Online Store in the "Withdrawal from the contract" tab. The consumer may use the form template, but it is not obligatory.
  3. The period for withdrawing from the contract begins: from taking the Product into the possession of the consumer or a third party designated by him other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
  4. In the event of withdrawal from a distance contract, the contract is considered void.
  5. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller refunds 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. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of its return, whichever occurs first.
  6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for pickup, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Sławomir Białoboki Gady 1, 11-001 Dywity, properly secured with a package adapted to the type of Product.
  7. The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
  8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
    • If the consumer has chosen a Product delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
    • The consumer bears the direct costs of returning the Product.
  9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
    • (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (2) where the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) where the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations on the market over which the Seller has no control; (8) in which the consumer has expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the delivery of digital content 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 Seller about the loss of the right to withdraw from the contract.
      • In particular, the Buyer is not entitled to the right to withdraw from a distance contract in relation to contracts the subject of which are: plant seedlings due to the fact that it is a product that deteriorates quickly.

XII. PROVISIONS CONCERNING ENTREPRENEURS

  1. This section of the Regulations and the provisions contained therein apply only to Customers who are not consumers.
  2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
  3. Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until its delivery to the Customer and for delay in transporting the shipment.
  4. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner adopted for such parcels. If he finds that the Product has been lost or damaged during transport, he is obliged to take all steps necessary to determine the carrier's liability.
  5. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
  6. Any disputes arising between the Seller and the Customer / Buyer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
  7. The Seller's liability towards the Customer / Buyer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement. The Seller is liable to the Buyer / Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for lost benefits in relation to the Buyer / Customer who is not a consumer.

XIII. FINAL PROVISIONS RELATING TO CONCLUDING CONTRACTS

  1. Agreements concluded via the Online Store are concluded in Polish.
  2. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2020.344, i.e.); provisions of the Act on consumer rights of 30 May 2014 (Journal of Laws 2020.287, i.e. as amended)

XIV. MODEL WITHDRAWAL FROM THE AGREEMENT
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
MODEL WITHDRAWAL FROM THE AGREEMENT (a file in PDF format to be printed)
(this form should be completed and returned only if you wish to withdraw from the contract) Białoboki

:
Sławomir agricultural under the name: Gospodarstwo Rolne Białoboki, Gady 1, 11-001 Dywity
I hereby give notice of my withdrawal from the contract of sale of the following items: .............................
............. .................................................. .................................................. ...................................... ………………….
.................................................. .................................................. .................................................. . ………………….
Date of concluding the contract / order number:
........................................... .................................................. .................................................. ........ ………………….
Name and surname of the consumer (s):
......................................... .................................................. .................................................. .......... ………………….
Address of the consumer (s):
........................................... .................................................. .................................................. ........ ………………….
Signature of the consumer (s) (only if the form is sent in paper version):
................................. .................................................. .................................................. .................. ………………….
Date:
.................................
XV. PERSONAL DATA

  1. The administrator of personal data collected via the Online Store is Sławomir Białoboki who runs an agricultural activity under the name: Gospodarstwo Rolne Białoboki, having: the address of the place of business and delivery address: Gady 1, 11-001 Dywity, and the e-mail address: sklep@pomidorlandia.pl - hereinafter referred to as the "Administrator".
  2. The Customer's personal data is processed in accordance with the guidelines of the GDPR in force from May 25, 2018. Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation)
  3. All words appearing on this website and beginning with a capital letter (eg Seller, Online Store, Customer / Buyer should be understood in accordance with their definition contained in the Regulations of the Online Store available on the Online Store website.
  4. Providing personal data by the Customer is voluntary, but failure to provide the personal data indicated on the Online Store website and in the Online Store Regulations necessary for the conclusion and implementation of the Sales Agreement results in the inability to conclude this agreement.
  5. The basis for the processing of the Customer's personal data is the need to perform the contract to which he is a party or to take action at his request before its conclusion. In the case of data processing for direct marketing of the Administrator's own products or services, the basis for such processing is (1) the prior consent of the Customer or (2) the fulfillment of legally justified goals carried out by the Administrator.
  6. The customer has the right to access their personal data and correct them. For this purpose, you can contact the Administrator by sending an appropriate message in writing or by e-mail to the Administrator's address indicated at the beginning of this privacy policy.
  7. The Customer's personal data will be processed for the duration of the contract and for the duration of possible redress.
  8. Personal data will not be transferred outside the European Union and will not be processed in an automated manner and will not be profiled.

XVI. COPYRIGHT
No part or all of the Materials contained on the Pomidorlandia.pl website may be reproduced and distributed in any form and by any means without the consent of the Pomidorlandia.pl store.