REGULATIONS OF THE SUPERPIANKI.EU ONLINE STORE
Company details
Superpianki.eu Kosma Czerniakowski
REGON: 526980920
NIP: 5223278166
Warsaw
Młodnicka 35, 04-239
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I. Definitions
The terms used in the Regulations mean:
1. Customer – a natural person, a legal person or an organizational unit with legal capacity, in particular a Consumer or PNPK; who places an Order in the Store or to whom services may be or are provided by the Seller electronically in accordance with the provisions of these Regulations;
2. CONSUMER – a natural person concluding a legal transaction with the Seller that is not directly related to his business or professional activity.
3. Entrepreneur with consumer rights (PNPK) - a natural person concluding an Agreement with the Seller directly related to his/her business activity, when the content of the Agreement shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available pursuant to the provisions on the Central Registration and Information on Business;
4. Seller - Superpianki.eu business activity, based at Młodnicka 35 Warsaw. NIP: 5223278166, REGON: 526980920, e-mail address: sklep@superpianki.eu
5. Civil Code - Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
6. Regulations - these Regulations for the provision of electronic services within the superpianki.eu online store;
7. Online store (Store) - an online service run by the Seller, under the Seller's superpianki.eu brand, available at https://www.superpianki.eu, through which the Customer may, in particular, place Orders;
8. Goods – a movable product presented in the Online Store.
9. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer, concluded using the Store's website.
10. Act on consumer rights - Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827);
11. Act on the provision of services by electronic means - Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
12. Order - the Customer's declaration of will, aimed directly at concluding a contract, specifying in particular the type and quantity of the Goods, method of delivery and payment, place of issue of the Goods, Customer's data.
13. Delivery - the service of delivering the Goods that are the subject of the Agreements to the Customer by the Seller; The method of delivery is indicated by the Customer when placing the Order.
14. Code of good practice - a set of rules of conduct, in particular ethical and professional standards, specified in Article 2 point. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
15. Digital Content – digital content within the meaning of the Consumer Rights Act.
II. General provisions
2.1. These Regulations define the rules for using the online store available at https://www.superpianki.eu
2.2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
2.4. These Regulations specify in particular:
a) rules for registering and using the account in the online store;
b) terms and conditions for electronic reservation and purchase of Goods available in the online store;
c) terms and conditions for placing Orders electronically in the online store;
d) rules for concluding Sales Agreements using the services provided within the Online Store.
2.5. Using the online store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
a) Internet Explorer version 7 or newer, Mozilla Firefox version 2 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari version 5 or newer,
b) cookies and JavaScript support are enabled in the web browser used,
c) the recommended minimum screen resolution to correctly display the store website is 1024 x 768 pixels,
2.6. In order to use the online store, the Customer should obtain access to a computer station or terminal device with Internet access on his own.
2.7 The Agreement for the Sale of Goods cannot be concluded anonymously or under a pseudonym. The Customer should provide true and complete personal data in order to conclude such an Agreement.
2.8. In accordance with applicable law, the Seller reserves the right to limit the provision of services via the Online Store to persons who are over 18 years of age. In such a case, potential customers will be notified about the above.
2.9. Customers can access these Regulations at any time via the link on the Store's home page, download them and print them out.
2.10. Information about the Goods provided on the Store's website, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code, however, do not constitute an offer of the Seller within the meaning of the provisions of the Civil Code.
2.11. To Customers who are Consumers and PNPK, the Seller is obliged to deliver Goods in accordance with the concluded Agreement.
2.12. The Seller complies with the IAB Polska Good E-commerce Principles.
III. Rules for using the Online Store
3.1. The Customer may use the Store after registration or place an order without registering as a Guest.
3.2. Registration in the Online Store is voluntary and free of charge. Registration takes place by completing and accepting the registration form. Registration of the Customer's account is confirmed by a message sent to the Customer's e-mail address provided in the registration form, immediately after registration.
3.3. The condition for registration is to agree to the content of the Regulations and to provide personal data marked as mandatory. The Regulations accepted by the Customer during registration apply to all sales transactions made by the Customer via the Customer's account, provided that in the event of changes to these Regulations, the Customer will be informed about them to the Customer's e-mail address and the Seller will set an appropriate deadline, not less than 7 days to accept or not accept changes to the regulations. Failure to accept changes to the regulations within the set deadline will result in the customer's account being deleted from the website.
3.4. Providing personal data marked as mandatory is voluntary, but necessary both to register a Customer account and to place orders in the Store via the Customer account and without registration.
3.6. The Seller may deprive the Customer of the right to use the Online Store, and may also limit his access to part or all of the Online Store's resources, with immediate effect, in the event of a breach of the Regulations by the Customer, and in particular when the Customer:
a) provided during registration in the online store data that is untrue, inaccurate or outdated, misleading or violating 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 the Seller as inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of the Seller.
3.7. A person who has been deprived of the right to use the online store cannot register again without the prior consent of the Seller.
3.8. 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 level of risk to the security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.
3.9. The customer is obliged in particular to:
a) not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating 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) not to take actions such as: sending or posting unsolicited commercial information in the Online Store (spam),
d) use the Online Store in a way that is not inconvenient for other customers and the Seller,
e) use all content posted in the Online Store only for your own 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 with the general principles of using the Internet.
IV. Procedure for placing an order and concluding a Sales Agreement
4.1. Orders should be placed via the Store's website at https://www.superpianki.eu.
4.2. Orders can be placed 24 hours a day, 7 days a week.
4.3. In order to place an order via the Online Store, you must perform at least the following steps, some of which may be repeated many times:
a) selection of ordered goods and determination of their quantity,
b) choice of delivery method,
c) selection of payment method,
d) choosing the place of delivery of the goods (providing the delivery address),
e) finalizing the ordering process by clicking the "I order with the obligation to pay" button,
by taking further technical actions based on the messages displayed to the Customer and the information available on the website.
4.4. The Customer selects the ordered Goods by adding them to the cart.
4.5. When placing an Order, until the "Confirm purchase" button is pressed, the Customer has the opportunity to modify the entered data regarding the selection of the Goods, as well as to change the method of delivery, method of payment and delivery address. For this purpose, please follow the messages displayed to the Customer and the information available on the website.
4.6. After the Customer using the Online Store provides all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include information regarding:
a) the subject of the order,
b) unit and total price of the ordered products or services, including delivery costs and additional costs (if any),
c) selected payment method,
d) selected delivery method,
e) delivery time,
f) Customer data and shipping data.
4.7. In order to place an Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the "Confirm purchase" button.
4.8. Placing an Order by the Customer constitutes a declaration of will to conclude a Sales Agreement or an agreement for the supply of Digital Content with the Seller, in accordance with the Regulations.
4.9. Immediately after placing the Order, the Customer receives an e-mail from the Seller to the e-mail address provided in the personal data form containing final confirmation of all important elements of the Order.
4.10 The sales contract and the contract for the supply of Digital Content are deemed concluded when the Customer receives the e-mail message referred to above.
4.11. The sales contract and the contract for the delivery of Digital Content are concluded in Polish, with content in accordance with the Regulations.
4.12. After concluding the contract, the possibility of making changes to the order depends on the stage of order execution:
a) if the execution of the order has not yet been started - the Customer who has a registered account has the option of editing the order himself by using the "Edit order" function available from the Customer account panel for the current order in the order history; A Customer who has an account, as well as a Customer who does not have a registered account in the Store, may report the desire to make changes to the placed order by phone or e-mail, for this purpose the scope of changes should be indicated in detail,
b) if the order has already been processed, the possibility of modifying the order is determined individually after prior telephone or e-mail contact.
4.13. If you wish to cancel the order, the Customer who is a Consumer or PNPK has the right to withdraw from the contract, the detailed rules of which are described in point. XII of these Regulations.
V. Order fulfillment and delivery
5.1. The order completion time is 5 business days from the date of conclusion of the Agreement, subject to point. V section 5.2. Working days are all days of the week from Monday to Friday, excluding public holidays.
5.2. If it is not possible to complete the order within the time specified in point. V section 5.1., the Seller will inform the Customer about this electronically. In such a case, the completion date cannot be longer than 60 days from the conclusion of the Sales Agreement, and if the Customer is a Consumer - 30 days.
5.3. The Seller undertakes to make every effort to ship the Goods within 3 business days from the start of the order.
5.5. If the ordered Goods are not available in the Store's warehouse, the Customer will be notified immediately, no later than within 3 business days from the start of the order. In this situation, the Customer has the right to cancel or change the order.
5.6. Delivery of the Goods takes place to the address indicated by the Customer when placing the Order.
5.7. Delivery of the Goods takes place in the manner indicated by the Customer when placing the order. Available delivery methods and costs are described in detail on the "Delivery" subpage. Additionally, delivery costs will be indicated when placing the Order.
5.8. The delivery time depends on the selected delivery method. Detailed information is presented on the "Delivery" subpage.
5.9. The Store also allows personal collection of the Goods that are the subject of the Agreement. Details of personal collection are described on the "Delivery" subpage.
5.10. The essential provisions of the Goods Sales Agreement are recorded, secured, made available and confirmed to the Customer by sending the order confirmation to the Customer on a durable medium (to the e-mail address provided), containing its specification and these Regulations, and by attaching a sales document (fiscal receipt) to the shipment containing the Goods. , or if the Customer indicated it in the order - VAT invoices). The customer should indicate the sales document he wants to receive (receipt or VAT invoice) in the form when placing the order. The Seller may issue a VAT invoice within 7 days from the date of issuance of the fiscal receipt, based on the fiscal receipt sent by the customer to the Seller's address.
VI. Prices and payment methods
6.1. All prices of the Goods are given in Polish zloty and include VAT. The prices of the Goods do not include delivery costs. Available delivery methods and costs are described in detail on the "Delivery" subpage. Additionally, delivery costs will be clearly indicated when placing the Order.
6.2. The Seller reserves the right to change the prices of the Goods, to conduct promotional campaigns and sales, as well as to grant and change individual discounts to Customers. This right does not affect the prices of goods in orders that were placed before the price change, promotion or sale came into force.
6.3. Promotions and discounts in the store cannot be combined, unless the provisions of a given promotion clearly state otherwise.
6.4. The customer has the option of paying the price:
a) by transfer to the bank account number specified on the "Payment methods" subpage,
b) payment via one of the electronic payment systems accepted by the Store at the time of placing the order, specified on the "Payment methods" subpage,
c) payment card, the types of which accepted by the Store at the time of placing the order are listed on the "Payment methods" subpage,
6.5. In the case of payment by bank transfer, payment via an electronic payment system or by payment card, the payment deadline is 7 days from the date of conclusion of the Agreement, unless the Customer who is a Consumer was unable to perform the service due to no fault of his own and informed the Seller about this.
6.6. If the payment is not made within the deadline specified in point VI. paragraph 6.5., the Seller has the right to withdraw from the Agreement and cancel the Customer's order, of which the Customer will be informed by sending an appropriate message to the e-mail address provided.
VII. Electronic Services related to the Store
7.1. The Seller provides Electronic Services to the Customer.
7.2. The basic Electronic Service provided to the Customer by the Seller is to enable the Customer to place an order in the Store, which leads to the conclusion of an Agreement with the Seller. It is possible to place an order without having an account in the Store.
7.3. If the Customer decides to create an account in the Store, the Seller also provides the Customer with an Electronic Service consisting in creating and maintaining an account in the Store. The account stores the Customer's data, opinions about the Goods sent by the Customer, activity history, submitted complaints or declarations of withdrawal from the contract and the history of orders placed in the Store. The Customer logs in to the Account using his/her e-mail address and a password defined by him/her. The Customer is obliged to secure access to his User account against access by unauthorized persons, and is also obliged not to share the login and password with any third parties.
7.4. If the Customer decides to subscribe to the newsletter, the Seller provides the Customer with an Electronic Service consisting of sending the Customer an e-mail or SMS message (depending on the Customer's choice) containing information about new products, promotions, products or services of the Seller. Subscription to the newsletter is done voluntarily by completing and sending the newsletter subscription form or by checking the appropriate checkbox when placing the order. The customer may unsubscribe from receiving the newsletter at any time by clicking the unsubscribe button included in each message sent as part of the newsletter (in the case of e-mail messages). The Customer may also send the Seller an e-mail with a request to unsubscribe from the newsletter database.
7.5. Electronic Services are provided to the Customer free of charge. However, Contracts for the sale of Goods concluded via the Store are subject to a fee.
7.6. In order to ensure the safety of the Customer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the Electronic Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
7.7. The Seller takes steps to ensure the full proper functioning of the Store. The Customer should inform the Seller about any irregularities or interruptions in the operation of the Store.
7.8. Due to the fact that the Store is an IT system managed by the Seller, the Seller may conduct technical and IT work aimed at developing the Store and providing Electronic Services at the highest possible level.
7.9. As part of the development of the Store, the Seller may in particular:
a) add new functionalities and change or remove existing functionalities within the Store;
b) introduce the Store to other types of devices, e.g. mobile devices;
c) make available the application related to the Store.
8. The Seller and the Customer are entitled to terminate the contract for the provision of electronic services at any time and without giving a reason, provided that the other party retains the rights acquired before the termination of the contract for the provision of electronic services. The Customer terminates the contract for the provision of services by electronic means by sending a declaration of termination of the indicated contract to the Seller's address specified in the Regulations or to the e-mail address: sklep@superpianki.eu. The Seller terminates the contract for the provision of services by electronic means to the Customer's e-mail address provided in the account. Customer.
VIII. Price reduction, promotional prices, sales
10.1 The Seller has the right to reduce the prices of the presented goods and services depending on the seasonality of promotional offers and other guidelines that may affect the value of the goods, such as the shelf life and seasonality of the goods.
10.2 Sprzedawca zobowiązuje się do prezentowania cen towaru przed obniżką w wartości nominalnej będącej w terminie nie krótszym niż 30 dni przed publikacją oferty sprzedaży promocyjnej w sklepie internetowym lub równolegle prowadzonym sklepie stacjonarnym.
10.3 The Seller reserves the right to difference in sales prices in the online store and in the stationary store.
10.4 Promotion and price reduction are indicated in a digital or percentage value relating to the price of the goods or services that were at a regular, unreduced price earlier in the last 30 days, with the exception of special and personalized campaigns for customers who are subscribers to the Newsletter, SMS campaigns and B2B trading customers on individual terms.
IX. Opinions
11.1. The Seller provides Customers with the opportunity to publish integrated opinions about the Goods and Services in the Store and on integrated media.
11.2. Publishing an opinion is possible only in relation to the Goods or Services that the Customer used or purchased in the Store. After the Goods or Services are issued to the Customer, the Customer receives a link allowing him to publish an opinion about the purchased Goods. If the Customer has a user account in the Store, the Customer may also publish an opinion after logging in to the user account and finding the Product that he or she previously purchased.
11.3. The client should formulate opinions in a reliable, honest and substantive manner, linguistically correct as far as possible and without using vulgarisms and other words commonly considered offensive.
11.4. It is forbidden to post opinions:
a) about Goods or Services that the Customer has not used or purchased,
b) meeting the criteria of an act of unfair competition within the meaning of Art. 3 of the Act of 16 April 1993 on combating unfair competition;
c) violating the personal rights of the Seller or a third party;
d) by paid users, in particular to artificially increase the rating of the Goods.
11.5. If an opinion is posted that does not meet the requirements set out in the Regulations, the Seller may refuse to publish the opinion or delete it.
X. Right to withdraw from the contract
12.1. A Customer who is a Consumer or PNPK has the right to withdraw from a distance contract within 14 days without giving any reason and without incurring costs, except for the costs specified in point. XII section 12.7. and section 12.11. The deadline is counted from the day on which the Customer or a third party indicated by the Customer, other than the carrier, takes possession of the goods.
12.2. To meet the deadline, it is enough to send the declaration before its expiry.
12.3. A Customer who is a Consumer or PNPK may submit a declaration of withdrawal from the contract on the contract withdrawal form provided by the Seller, or in any other written form in accordance with the Consumer Rights Act, to the Seller's address: Superpianki.eu Kosma Czerniakowski ul. Młodnicka 35 Warsaw. The Seller allows the Consumer or PNPK to also send such a declaration by e-mail to the following e-mail address: sklep@superpianki.eu. Using the contract withdrawal form provided by the Store is not obligatory.
12.4. The Seller immediately confirms to the Consumer or PNPK the receipt of the declaration of withdrawal from the contract, to the e-mail address provided at the conclusion of the Agreement or provided in the declaration of withdrawal from the contract.
12.5. In the event of withdrawal from the Agreement, it shall be deemed not to have been concluded.
12.6. If the Consumer or PNPK submits a declaration of withdrawal from the Agreement before the Seller accepts the offer to conclude the Agreement, the offer ceases to be binding.
12.7. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Agreement, return to the Consumer or PNPK all payments made by him, including the costs of delivering the Goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer or PNPK. other than the cheapest regular delivery method available in the Store.
12.8. The payment will be refunded using the same payment methods that were used by the Consumer or PNPK in the original transaction, unless the Consumer or PNPK expressly agrees to a different method of return that does not involve any costs for him.
12.9. The Seller may withhold the refund of the payment received from the Consumer or PNPK until it receives the Goods back or until the Consumer or PNPK provides proof of its return, depending on which event occurs first.
12.10. The Consumer or PNPK who withdraws from the Agreement is obliged to return the Goods to the Seller immediately, but no later than 14 days from the date on which he or she withdrew from the Agreement. To meet the deadline, it is enough to return the Goods to the Seller's address specified in the Regulations before the deadline.
12.11. The Consumer or PNPK bears the direct costs of returning the Goods to the Seller.
12.12 The Consumer or PNPK shall not bear the costs of providing Digital Content that is not recorded on a tangible medium if he or she has not consented or has not been registered to the platform with Digital Content as part of the performance before the deadline to withdraw from the contract or has not been informed about the loss of the right to which he or she is entitled. the right to withdraw from the contract at the time of granting such consent, or when the Seller has not provided confirmation in accordance with Art. 15 section 1 and art. 21 section 1. Act on consumer rights.
12.13. The Consumer or PNPK is liable for any reduction in the value of the Goods resulting from using them in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
12.14. Pursuant to Article 38 of the Consumer Rights Act, "the consumer is not entitled to withdraw from a contract concluded off-premises or remotely in relation to contracts:
1) 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 provision of services that after the entrepreneur has provided the service, he will lose the right to withdraw from the contract;
2) 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 for withdrawal from the contract;
3) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs;
4) in which the subject of the service is an item that deteriorates quickly or has a short shelf life
5) 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 package was opened after delivery;
6) in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
(…)
11) concluded by public auction;
(…)
13) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer's express consent before the deadline for withdrawal from the contract expires and after the entrepreneur informed him about the loss of the right to withdraw from the contract.
12.15. A Customer who is a Consumer or PNPK loses the right to withdraw from a distance contract concluded for the supply of Digital Content not delivered on a tangible medium, for which he is obliged to pay the price, if the Seller has commenced the provision with the express and prior consent and acknowledgment of it by the Consumer or PNPK.
XI. Complaints regarding Goods and order fulfillment
13.1. The basis and scope of the Seller's liability towards Customers who are Consumers and Customers who are entrepreneurs with Consumer rights for the Product sold are specified in the legal provisions, i.e. respectively:
– in the case of Products purchased until December 31, 2022, the rules of the Seller's liability in the event of a physical or legal defect of the Product are specified in the provisions of the Civil Code, in particular Art. 556 et seq. of the Civil Code in the version valid until December 31, 2022 (product complaint based on warranty);
– in the case of Goods, Digital Content and digital services purchased from January 1, 2023, the rules of the Seller's liability in the event of non-compliance with the contract of Goods, Digital Content and digital services are specified in the provisions of the Consumer Rights Act (complaints about Goods, Digital Content and digital services based on non-compliance with the contract). The Seller is liable to the Customer who is a Consumer or PNPK for the lack of compliance of the Goods with the Agreement on the terms set out in Chapter 5a of the Act on Consumer Rights and liability for the lack of compliance of Digital Content and digital services on the terms set out in Chapter 5b of the Act on Consumer Rights.
13.2. Based on Article. 558§1 of the Civil Code, the Seller completely excludes its liability under the warranty towards Customers who are not Consumers within the meaning of Article 22[1] of the Civil Code or PNPK.
13.4. The goods are in compliance with the contract if, in particular, their:
1) description, type, quantity, quality, completeness and functionality, and in relation to Goods with digital elements - also compatibility, interoperability and availability of updates;
2) suitability for a specific purpose for which it is needed by the Consumer or PNPK, about which the Consumer or PNPK notified the Seller at the latest at the time of concluding the contract and which the Seller accepted.
To be considered compliant with the contract, the goods must also:
1) be suitable for the purposes for which goods of this type are usually used, taking into account applicable legal provisions, technical standards or good practices;
2) be present in such quantity and have such features, including durability and safety, and in relation to Goods with digital elements - also functionality and compatibility, which are typical for Goods of this type and which the Consumer or PNPK can reasonably expect, taking into account the nature of Goods and public assurances provided by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:
a) did not know about the given public assurance and, judging reasonably, could not have known about it,
b) before concluding the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was submitted, or in a comparable manner,
c) the public assurance did not influence the Consumer's or PNPK's decision to conclude the contract;
3) be supplied with packaging, accessories and instructions that the Consumer or PNPK can reasonably expect to be provided;
4) be of the same quality as the sample or pattern that the entrepreneur made available to the Consumer or PNPK before concluding the contract, and correspond to the description of such sample or pattern.
13.5. The Seller is not liable for the lack of compliance of the Goods with the contract to the extent referred to in 13.4. above, if the Consumer or PNPK, at the latest at the time of concluding the contract, has been clearly informed that a specific feature of the Goods deviates from the requirements of compliance with the contract specified in 13.4. above, and has expressly and separately accepted the lack of a specific feature of the Goods.
13.6. The Seller is liable for the lack of conformity of the Goods with the contract existing at the time of its delivery and disclosed within two years from that moment, unless the shelf life of the Goods, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Goods with the contract, which became apparent within two years from the date of delivery of the Goods, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract. .
13.7. The Customer who is a Consumer or PNPK is entitled to submit complaints regarding the Goods and the execution of orders. A complaint in this respect may be submitted in writing to the Seller's address specified in the Regulations or to the e-mail address: sklep@superpianki.eu. The Seller is obliged to respond to the Consumer's complaint within 14 days from the date of its receipt, unless the provisions of law generally applicable provisions provide otherwise. The response to the Consumer's complaint is provided to the Consumer on paper or another durable medium.
13.8. If the Customer who is a Consumer or PNPK finds that the Goods are inconsistent with the contract, he may demand that the Seller repair or replace them.
13.9. The Consumer or PNPK who exercises warranty rights is obliged to provide the Seller with the Goods that are inconsistent with the Agreement, and the Seller collects the Goods at its own expense.
13.10. The Seller may make an exchange when the Consumer or PNPK requests repair of the Goods or the Seller may make a repair when the Consumer or PNPK requests replacement, if bringing the Goods into compliance with the contract in the manner chosen by the Consumer or PNPK is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Goods into compliance with the contract.
13.11 Repair or replacement is made within a reasonable time from the moment the Seller is informed by the Consumer or PNPK about the lack of compliance of the Goods with the contract, at the same time without excessive inconvenience to the Consumer or PNPK, taking into account the specificity of the goods and the purpose for which the Consumer or PNPK purchased them. . The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller.
13.12. In the event of non-compliance of the Goods with the contract, the Consumer or PNPK may submit a declaration of price reduction or withdrawal from the contract when:
1) The Seller refused to bring the Goods into compliance with the contract in accordance with Art. 43d section 2 of the Consumer Rights Act;
2) The Seller did not bring the Goods into compliance with the contract in accordance with Art. 43d section 4-6 of the Consumer Rights Act;
3) the lack of compliance of the Goods with the contract continues, even though the Seller has tried to bring the Goods into compliance with the contract;
4) the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measures specified in Art. 43d of the Consumer Rights Act;
5) it is clear from the Seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
13.13. In the event of a price reduction, it must remain in such proportion to the price resulting from the contract that the value of the Goods that do not comply with the contract remains in proportion to the value of the Goods that comply with the contract. The Seller returns to the Consumer or PNPK the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's or PNPK's declaration of the price reduction.
13.14. The consumer or PNPK may not withdraw from the contract if the lack of compliance of the Goods with the contract is immaterial. It is presumed that the lack of conformity of the Goods with the contract is significant.
13.15. In the event of withdrawal from the contract, the Consumer or PNPK is obliged to immediately return the Goods at the Seller's expense. The Seller returns the price to the Consumer or PNPK immediately, no later than within 14 days from the date of receipt of the goods or proof of its return.
13.16 If the lack of compliance with the contract applies only to some Goods delivered under the contract, the Consumer or PNPK may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods purchased by the Consumer or PNPK together with the Goods that are inconsistent with the contract, if it cannot be it is reasonable to expect that the Consumer or PNPK will agree to retain only goods consistent with the contract.
13.17. The Seller refunds the price using the same method of payment as used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to a different method of return that does not involve any costs for him.
XII. Complaints regarding the provision of electronic services
14.1. The Seller takes steps to ensure the fully correct operation of the Store, to the extent that results from current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
14.2. The Customer is obliged to immediately notify the Seller of any irregularities or interruptions in the operation of the Online Store website.
14.3. The Customer may report irregularities related to the operation of the Store in writing to the following address: Superpianki.eu Kosma Czerniakowski ul. Młodnicka 35 Warszawa or by e-mail to sklep@superpianki.eu
14.4. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of occurrence of the irregularity related to the operation of the Store.
14.5. The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.
XIII. Personal data protection
15.1. The administrator of personal data of natural persons registering an account in the Store and Customers who are natural persons is the Seller.
15.2. Providing personal data is voluntary, but necessary for the implementation of the Agreement.
15.3. The Seller protects personal data in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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). The data is confidential.
15.4. Detailed information regarding the processing of personal data can be found on the Store's website in the "Privacy Policy" tab.
To read the Privacy Policy click this link.
XIV. Delivery
In our commitment to a fresh and unique experience, our Super Marshmallows are made to order with a maximum processing time of 5 business days. Quality takes time, so we want to provide you with the freshest flavors.
Delivery usually takes about 2 business days, but this time may be longer due to the carrier and external conditions. We are sure that the unique flavors are worth waiting for!
We offer a variety of delivery options to ensure your convenience and speed. You can choose between InPost parcel lockers, DPD courier and Orlen Paczka. We pay the utmost attention to the safe and accurate delivery of your Super Marshmallows.
XV. Returns
If for any reason you need to make a return, you can send the product back to:
Superpianki.eu Kosma Czerniakowski ul. Młodnicka 35 Warsaw. returns@superpianki.eu
Please send the product in its original packaging, intact. After receiving the returned product, we will refund the funds to your account.
It is important that we do not offer the option of paying with the courier during delivery. Thank you for your understanding and we invite you to place orders, creating unique taste experiences for you!
If you have additional questions or need assistance, please contact our customer service team. We are here to provide you with the best shopping experience!
XVI. Final Provisions
16.1. All photos and texts posted on the website of the online store www.superpianki.eu are the property of the Seller. Copying them without the owner's consent is prohibited.
16.2. Resolving any disputes arising between the Seller and the Customer who is a consumer within the meaning of Art. 22[1] of the Civil Code or PNPK, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
16.3. Resolving any disputes arising between the Seller and a Customer who is not a consumer within the meaning of Art. 22[1] of the Civil Code, shall be submitted to the court having jurisdiction over the Seller's registered office.
16.4. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.
16.5. The provisions of these regulations specifying the rights or obligations of the Customer that are inconsistent with the rights of Consumers under generally applicable laws or violate the interests of Consumers do not apply to Consumers.
16.6. The Seller does not provide for the possibility of using out-of-court methods of dealing with complaints and pursuing claims referred to in the Act of September 23, 2016 on out-of-court resolution of consumer disputes.
16.7. Update of the regulations as of January 16, 2024
