The terms used in the Regulations mean:
I. General provisions
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 in the Store;
2. Consumer - pursuant to art. 22 [1] of the Civil Code means a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity.
3. Civil Code - the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
4. Regulations - these Regulations for the provision of electronic services as part of the online store;
5. Online Store (Store) - the website available at airfresh.com, through which the Customer may, in particular, place Orders;
6. Goods - products presented in the Online Store;
7. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between;
8. Act on consumer rights - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
9. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
10.GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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).
11. Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
II. General provisions
2.1. These Regulations define the rules for using the online store available at: www.airfresh.pl
2.2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
2.3. The online store operating at: www.airfresh.pl is run by AirFresh Artur Piotrowski Sp.k. based in Kielce 25-663, ul. Lukasiewicza 10; e-mail: biuro@airfresh.pl phone: +48 41 373 23 10, VAT: PL9592055719
2.4. These Regulations define in particular:
a) the rules for using the account as part of the online store;
b) the terms and conditions for submitting Orders via the online store;
c) the rules for concluding Sales Agreements with the use of services provided as part of the online store.
2.5. Using the online store is possible provided that the ICT system used by the customer meets the following minimum technical requirements:
a) Internet Explorer version 9.0 or newer or
b) any other browser compatible with the above-mentioned
2.6. In order to use the online store, the Customer should obtain access to a computer station or terminal device with Internet access.
2.7. In accordance with applicable law, airfresh.pl reserves the right to limit the provision of services via the Online Store to people who have reached the age of 18. In this case, potential customers will be notified of the above.
2.8. Customers can access these Regulations at any time via the link found on the home page of the website and download it and print it out.
III. Rules for using the Online Store
3.1. The condition to start using the Online Store is registration under it.
3.2. Registration takes place by completing and accepting the registration form, available on one of the Store's websites.
3.3. The condition for registration is to agree to the content of the Regulations and to provide personal data marked as mandatory.
3.4. airfresh.pl may deprive the Customer of the right to use the Online Store, and may limit his access to some or all of the Online Store's resources, with immediate effect, in the event of a breach of the Regulations by the Customer, in particular when the Customer:
a) during registration in the Online Store, he provided untrue, inaccurate or outdated data, misleading or infringing the rights of third parties,
b) has infringed the personal rights of third parties via the Online Store, in particular the personal rights of other customers of the Online Store,
c) engages in other behaviors that will be considered by airfresh.pl to be inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of airfresh.pl.
3.5. A person who has been deprived of the right to use the Online Store may not re-register without the prior consent of airfresh.pl.
3.6. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons.
3.7. The customer is obliged in particular to:
a) not to 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,
b) use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
c) refraining from actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
d) use the Online Store in a way that is not inconvenient for other customers and for
e) to use any content contained in the Online Store only for personal use,
f) use the Online 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.
IV. Conclusion of the contract and implementation
4.1. Orders can be placed 24 hours a day.
4.2. In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
- adding a product to the basket;
- choosing the type of delivery;
- choosing the type of payment;
- choosing the place of handing over the item;
- placing an order in the store by using the "Buy and pay" button.
4.3. The conclusion of the contract with the consumer takes place upon placing the order.
4.4. The execution of the Consumer's order payable on delivery takes place immediately, and the order payable by bank transfer or via the electronic payment system after the Consumer's payment is credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to provide fault and informed the Seller about it.
4.5. The conclusion of the contract with the Customer takes place upon the acceptance of the order by the Seller, of which he informs the Customer within 48 hours of placing the order.
4.6. The execution of the Customer's order payable on delivery takes place immediately after the conclusion of the contract, and the order payable by bank transfer or via the electronic payment system after the conclusion of the contract and the Customer's payment is credited to the Seller's account.
4.7. The execution of the Customer's order may depend on the payment of all or part of the value of the order or obtaining a trade credit limit of at least the value of the order or the Seller's consent to send the order on delivery (payable on delivery).
4.8. The subject of the contract is sent within the time limit specified on the product card, and for orders consisting of multiple products, the longest date specified in the product cards. The period begins with the conclusion of the contract.
4.9. The purchased subject of the contract is, together with the sales document selected by the Buyer, sent with the type of delivery selected by the Buyer to the place of delivery of the goods indicated by the Buyer in the order.
4.10. After the shipment of the purchased goods, the Store, as part of the contract with the Buyer, may (if consent has been given) send the Buyer to the e-mail address an invitation to complete a questionnaire in order to examine his opinion on the transaction. The buyer is entitled, but not obliged to complete it.
V. Right to withdraw from the contract
5.1. The consumer is entitled, pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.
5.2. The deadline to withdraw from a distance contract is 30 days from the date of delivery of the item, and it is enough to send a statement before its expiry to meet the deadline.
5.3. The declaration of withdrawal from the contract may be submitted by the Consumer on the form, the specimen of which is attached as Annex 2 to the Consumer Law, or in another written form compliant with the Consumer Law.
5.4. The Seller shall immediately confirm to the Consumer by e-mail (provided at the time of concluding the contract and another, if provided in the submitted statement) receipt of the declaration of withdrawal from the contract.
5.5. In the event of withdrawal from the contract, the contract is considered void.
5.6. The consumer is obliged to return the item to the Seller immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
5.7. The consumer returns the items that are the subject of the contract from which he withdrew at his own expense and risk.
5.8. The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
5.9. The Seller shall promptly, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods, and if the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller The Seller will not reimburse the Consumer for additional costs in accordance with art. 33 of the Consumer Law.
5.10. 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 payment, which does not involve any costs for him.
5.11. The consumer according to art. 38 of the Consumer Law, there is no right to withdraw from the contract:
- 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;
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery;