Regulations

TERMS AND CONDITIONS OF THE ONLINE STORE

www.blueberryroasters.en

Online store available at www.blueberryroasters.pl is operated by Blueberry Roasters Limited Liability Company formerly AB Borowiec Adrian Borowiec at Tadeusza Kościuszki 16A Street, 50-038 Wrocław, REGON: 385198357, NIP: 8971874881 registered in the National Court Register under the KRS number: 0000819252, conducted by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Department of the National Court Register, amount of share capital: pLN 50000, zand with the help of the service at: www.blueberryroasters.en

The terms and conditions of the online store are available at website.blueberryroasters.en

§ 1. Definitions

1. Sprzeditor - Blueberry Roasters Limited Liability Company formerly AB Borowiec Adrian Borowiec at 16A Tadeusza Kosciuszko St, 50-038 Wroclaw, REGON: 385198357, NIP: 8971874881 registered in the National Court Register under KRS number: 0000819252, conducted by District Court for Wroclaw-Fabryczna in Wroclaw, VI Economic Department of the National Court Register, amount of share capital: pLN 50000, zand with the help of the service at: www.blueberryroasters.en

2. Working day - one day from Monday to Friday excluding public holidays.

3. Registration form - an interactive form available in the Online Store that allows you to create a Customer Account.

4. Order form - an interactive form available on the Online Store that allows you to place an Order,

5. User:

a) a natural person with full legal capacity or a natural person with limited legal capacity,

b) legal entity,

c) an organizational unit without legal personality, which is granted legal capacity by law-using the website in any way www.blueberryroasters.pl, including in particular for the purpose of to familiarize themselves with any content posted on the website of the Online Store

6. Customer:

a) a natural person with full legal capacity or a natural person with limited legal capacity,

b) legal entity,

c) an organizational unit without legal personality, which is granted legal capacity by law,

- who has concluded or intends to conclude a Sales Agreement with the Seller, and who uses or intends to use the Service or Electronic Service.

7. Consumer - a natural person, performing a legal transaction with an entrepreneur not directly related to his economic or professional activity,

8. Electronic service - service provided electronically by the Seller to the Customer via the Internet Shop.

9. Newsletter - Electronic service, provided by the Seller via e-mail, which allows customers to subscribe to and automatically receive electronically periodic, free information from the Seller.

10. Customer Account - Electronic Service, a set of data in the Seller's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer are collected, including contact information and history of Orders placed at the Online Store.

11. Entrepreneur - a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.

11. Regulations - Rules and Regulations of the Online Store available at the website address www.blueberryroasters.en, defining the terms and conditions for the use of the Online Store and the manner in which the Seller provides services electronically and concludes sales agreements through the Online Store, including defining the m.in. the rights and obligations of the Seller and the Customer, the procedure for withdrawal from the contract and the complaint procedure

12. Online store - Seller's online store available at the website address www.blueberryroasters.pl,

13. Merchandise - items available in the Online Store that are the subject of the Seller's offer and the Sales Agreement concluded between the Customer and the Seller.

14. Sales contract - contract of sale of Goods concluded remotely between the Customer and the Seller through the Online Store.

15. Contract concluded at a distance - contract concluded between the Seller and the Consumer without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.

16. Order - declaration of will of the Customer made via the Online Store, using the Order Form, aiming at concluding a contract of sale of Goods with the Seller

17. Personal data controller- Sprzeditor

18. Consumer Rights Act - law of May 30, 2014. on consumer rights (Dz. U. pos. 827, as amended. zm.),

19. U.o.i.d.o- by the Act of August 29, 1997. on the protection of personal data (Dz.U. No. 133 poz. 833 as of. Zm)

20. Civil Code - Law of April 23, 1964. Civil Code (Dz. U. No. 16, pos. 93

§ 2

General provisions

1. The Seller is the administrator of Users' personal data processed in connection with the implementation of the provisions of the Regulations. Personal data are processed for the purposes, to the extent and based on the principles indicated in the Privacy Policy available on the Seller's website.

2. Provision of personal data is voluntary and its processing requires the consent of the person concerned. Any person whose personal data is processed by the Seller has the right to inspect its content and the right to update and correct it, as well as to request the deletion of data.

3. The Customer declares that he/she agrees to the collection, storage and processing of personal data by the Seller for the purpose directly related to the realization of the service or Goods ordered in the Online Store.

4. The customer is obliged to use the Online Store and services offered by the Seller through it in a manner consistent with the laws applicable in the Republic of Poland, the provisions of the Regulations, the principles of social coexistence, taking into account respect for personal property and copyright and intellectual property rights of the Seller and third parties.

5. The purchase of Goods can be made only by a customer who is at least 16 years old.

6. All information about the Goods and Services provided by the Seller through the Online Store (including: descriptions, prices of the Goods) provided on the website of the Store www.blueberryroasters.pl, do not constitute an offer within the meaning of art. 66 k.c., but an invitation to conclude a contract as defined in Art. 71 k.c.

§ 3

Services provided electronically

1. The Seller provides, through the Online Store, the following electronic services: Order Form and Newsletter, which are voluntary and free of charge

2. The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

(a) a computer, laptop or other multimedia device with Internet access,

(b) access to e-mail,

(c) a web browser that supports cookies,

(d) enable Javascript in your web browser.

3. The customer shall bear the fees related to Internet access and data transmission in accordance with the tariff of his Internet service provider.

4. The service indicated in paragraph. 1 above are provided by the Seller 7 days a week, 24 hours a day. Information about possible interruptions in the provision of Services will be made available on the website of the Online Store.

5. The contract for the provision of electronic services consisting in browsing information posted on the Store's website is concluded for a definite period of time and is terminated when the Customer closes the Store's website

6. The contract for the provision of Electronic Services enabling the Customer to place an Order via an interactive form, hereinafter referred to as the "Order Form", is concluded for a definite period of time when the Customer adds the first Goods to the electronic shopping cart in the Online Store and is terminated when the Order Form is abandoned or when the completed Order Form is sent to the Seller and the Customer places the Order (by clicking on the "Order with obligation to pay" button).

7. The Newsletter Service Agreement is concluded for an indefinite period of time and is terminated as soon as the Customer sends a request to remove his/her e-mail address from the Newsletter subscription or to unsubscribe using the link included in each message sent within the Newsletter service.

8. The user or customer has the opportunity to receive commercial information from the Seller (m.in. about news, promotions) in the form of messages sent to the e-mail address provided by the Customer.

9. Use of the Newsletter Service is subject to providing a valid e-mail address and first name, clicking the "Subscribe" button and then confirming the activation link sent to the provided e-mail address.

10. The User or the Customer may at any time, without giving any reason, revoke consent to sending messages via the Newsletter service, by sending to the Seller the e-mail address of the Online Store: info@blueberryroasters.en. or in writing to the address: 16A Tadeusza Kosciuszko Street, 50-038 Wrocław to request removal of his/her e-mail address from the Newsletter subscription or unsubscribe using the link included in each message sent as part of the Newsletter service.

11. The newsletter is sent only to those who have subscribed by confirming the activation link sent to the provided e-mail address.

12. The Client, in the event of non-performance or improper performance of the Service provided electronically by the Seller, is entitled to lodge a complaint under the terms of the Regulations.

13. Complaints related to the provision of electronic Services by the Seller, the Customer may submit to: info@blueberryroasters.pl or in writing to the address: 16A Tadeusza Kosciuszko Street, 50-038 Wrocław. It is recommended that the Customer provide the following information in the complaint (which will be helpful to the Seller in the course of processing the complaint and may speed up the complaint process): the circumstances relating to the subject of the complaint and the appearance of any defects, such as the type and date of occurrence of the defect, specification of the Customer's request, contact details of the Seller with the person making the complaint/Customer. The recommendations given are not mandatory and do not affect the effectiveness in dealing with a given complaint.

14. taking a position by the Seller in relation to a given complaint shall be made immediately, but no later than within 14 calendar days from the date of its submission.

15. The right of withdrawal from the contract for the provision of Services by electronic means is vested in the Customer, who is a Consumer, under the terms of the Regulations.

16. The Customer, for whose benefit the Seller provides the Account services, which are continuous and indefinite in nature, has the right to terminate the contract for the provision of services without giving any reason, with immediate effect. This entitlement will be exercised by sending in writing or by e-mail a statement of termination of the contract for the provision of electronic services.

17. The Seller reserves the right to terminate the contract for the provision of electronic Services of a continuous and indefinite nature with 7 days' notice in case of violation by the Customer of the provisions of the Terms and Conditions by submitting a written statement to the Consumer and to the Entrepreneur by e-mail sent to the indicated e-mail address

§ 4 Sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an order using the Order Form in the Online Store.

2. The condition for placing an Order is to have an active e-mail account.

3. The procedure for entering into a Sales Agreement on the Online Store using the Order Form is as follows:

a) making a selection of Goods, by taking subsequent technical actions based on the messages and other information displayed on the website (in particular, the selection of goods is made by clicking the "Add to cart" button),

b) filling in the relevant data indicated in the Order Form (detailing the data necessary for the execution of the contract): name, surname, e-mail address, telephone number, delivery address (street, house number, apartment number, postal code, city and in the case of Przeditors additionally: the company under which the business is conducted oraz tax ID number), as well as making a choice of payment method,

c) after the Customer has provided all the necessary data, a summary of the placed Order will be displayed (the summary contains information regarding the description of the ordered Goods, the unit and total price of the ordered Goods, including taxes and other charges - if any, the selected method of payment, the Customer's data, possibly data necessary for issuing an invoice),

d) placing an Order is possible after providing necessary personal data, accepting the content of the Terms and Conditions (by checking the appropriate "checkbox"), confirming familiarization with the instructions on withdrawal from the contract (by checking the appropriate checkbox), expressing zconsent to the processing of personal data and click the button "Order with obligation to pay".

4. Immediately after receiving the Order, the Seller sends a statement of acceptance of the Order, which is also a confirmation of the Order, by e-mail to the e-mail address provided by the Customer during the Order placement procedure. Upon receipt by the Customer of the above message, a Sales Contract is concluded between the Customer and the Seller.

5. The message summarizing and confirming the Order contains all previously agreed terms of the Sales Agreement, in particular the quantity and type of the ordered Goods, the total price to be paid including delivery costs and the amount of discounts granted (if applicable to the Order).

6. Recording, securing, making available and confirming to the Customer the content of the concluded Sales Agreement (its significant provisions) takes place by making the Terms and Conditions available on the website of the Online Store and by sending to the Customer, to the e-mail address provided, the message referred to in paragraph. 4. The content of the concluded Sales Agreement is additionally recorded and secured in the computer system of the Seller's Internet Store.

§ 5. Order processing and delivery

1. Delivery of the Goods to the Customer is for a fee, unless the Sales Agreement provides otherwise.

2. The cost of delivery depends on the weight of the shipment. Detailed provisions on the cost of shipping are made available on the Store's website.

3. Delivery of the Goods is available in the territory of Rzeczcommonwealth of Poland and is sent to the address indicated by the Customer during the Ordering procedure.

4. Seller delivers goods via courier. Or via Poczta Polska S.A.

5. The delivery time of the Goods to the Customer in the territory of the Republic of Poland is from 2 to 5 working days, unless a shorter period is specified in the description of the Goods in question or in the course of placing the Order. In the case of Goods with different delivery dates, the delivery date is the longest indicated date, but no longer than 5 working days The beginning of the period for delivery of Goods to the Customer is counted from the date of crediting the bank account or checking account of the Seller. Delivery to the European Union countries indicated on the store's website is 3 to 7 working days

6. In the case of exceptional circumstances or the impossibility of completing the order within the indicated timeframe, the Seller will immediately contact the customer to determine the further course of action, including the establishment of another date for the completion of the order or a change in the method of delivery.

7. Shipping costs are indicated on the Seller's website as well as in the confirmation of order placement

8. The Seller allows personal collection of the Goods at the stationary store during the store's working hours. In this case, the buyer does not bear any delivery costs.

9. When filling out the Order Form and in the e-mail confirming the Order, the Customer is informed about the cost of the chosen method of delivery of the Goods.

10. The customer is entitled to cancel or change the Order, but no later than the moment the Seller sends a message confirming acceptance of the Order,

11. Upon receipt of the shipment, the Consumer or a third party authorized by him, should, as far as possible, carefully check the condition of the packaging (such as whether it is not damaged, whether there has been no interference by an unauthorized person, whether the contents of the package are intact). In case of damage or other irregularities, the Customer should, if possible, in the presence of the courier, draw up a damage report and notify the Seller of this fact. If the Goods appear damaged, the Seller requests that the Customer not accept the shipment. The recommendations indicated above in no way exclude or limit the rights of the Consumer to file a complaint under the terms of the Regulations. The above-described recommended conduct of the Consumer is only intended to help the Seller to determine the cause and responsibility for the resulting damage. Failure to report damage to the Goods does not limit the ability to report damage to the shipment. The complaint procedure remains unchanged regardless of the application or non-application of the above recommendations.

12. The Entrepreneur is obliged to check the shipment and the Goods referred to in the paragraph above, and immediately notify the Seller of the discovery of a defect, under pain of losing warranty rights.

§ 6. Payment methods

1. Sprzeditor allows customers to use the following payment methods:

1. Traditional transfer made to a bank account.

2. Payment by card

3. Payment by electronic transfer indicated on the website

4. Cash payment

5. PayPal - payments via PayPal (Europe) S.à r.l. & Cie, S.C.A with registered office at L-1150, Luxembourg.

2. The customer is obliged to make payment within 3 calendar daysof the from the date of receipt of the message confirming acceptance of the order by the Seller, specifying the total cost of the order including delivery (from the date of conclusion of the Sales Agreement. After this date, the obligation to provide Sprzedający ceases

3. After selecting the payment method specified in the Terms and Conditions, the Order will be processed after the payment is credited to the Seller's bank account.

4. The Seller documents the sale of Goods with a receipt, and at the request of the Customer issues a named invoice. Proof of purchase is provided to the customer along with the Goods.

§ 7. Warranty and guarantee, complaints

1. The seller is liable to the buyer if the sold thing has a physical or legal defect. The basis and scope of the Seller's liability to the Customer in a situation where the sold Goods have a physical or legal defect have been established by generally applicable laws, including those specified in k.c. (specifically, in Art. 556-576 k.c.).

2. The Seller is obliged to provide the Customer with Goods without defects.

3. The seller is liable to the customer under the warranty for physical defects (a physical defect consists in the non-conformity of the thing sold with the contract) and for legal defects.

4. A complaint can be submitted, for example, in writing to the address of the Seller's registered office: ul. Tadeusz Kosciuszko 16A, 50-038 Wrocław or by e-mail to the Seller's e-mail address: info@blueberryroasters.en

5. The Seller shall respond to the Customer's complaint immediately, but no later than within 14 calendar days from the date of submission of the. Failure of the Seller to respond within the above period means that the Seller considered the complaint justified.

6. It is recommended that the Customer provide the following information in the complaint (which will be helpful to the Seller in the course of processing the complaint and may speed up the complaint process):

- circumstances regarding the subject of the complaint - the Goods and the appearance of any defects, such as the type and date of occurrence of the defect,

- specifying the Customer's request (requesting a method of bringing the Goods into conformity with the Agreement - of sale or making a statement on price reduction or withdrawal from the Sales Agreement),

- data for contacting the Seller with the person making the complaint/customer.

The recommendations given are not mandatory and do not affect the effectiveness in dealing with a given complaint. The specimen of the claim form is attached to the Regulations of the Store

7. The Customer who exercises warranty rights should deliver the defective Goods at the Seller's expense to the address of the Seller's registered office: ul. Tadeusz Kosciuszko 16A, 50-038 Wrocław. If, for example, due to the nature of the Goods, its delivery by the Customer would be excessively difficult, the Customer is obliged to make the Goods available to the Seller at the place where the Goods are located.

Right of withdrawal

1. To a customer who is a consumer within the meaning of the Act of May 30, 2014. on consumer rights (Dz.U. 2014 pos. 827), you have the right to withdraw from a contract concluded at a distance without giving any reason within 14 calendar days from the moment you take possession of the product(s) by the contractor or a third party designated by him other than the carrier. To meet the deadline, it is sufficient to send information on the exercise of the right of withdrawal before the expiry of the 14-day period to the address: tadeusza Kościuszki 16A, 50-038 Wrocław or by e-mail to: info@blueberryroasters.en. Model withdrawal form is attached as Appendix 1 to the Rules of the Store, but its use is not mandatory.

2. In the event of withdrawal from the contract, the seller shall immediately return to the Consumer all payments received from the Consumer immediately, no later than 14 days from the day on which the Seller was informed about the decision to exercise the right of withdrawal.

3. Reimbursement of payment is made by the Seller using the same means of payment that were used by the Consumer in the original transaction, except when, for reasons beyond the control of the Shop, identification of the bank account from which the payment was made is impossible. In such a situation, the refund will be credited to the customer's account at Blueberry Roasters, of which the customer will be notified by a separate email. In the body of the message, information about the amount of the refund and a link to form, through which you should send the data needed for reimbursement. In the case of a Customer who has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the additional costs incurred by the Customer.

4. If the right of withdrawal is exercised, the goods should be sent back or handed over to the address: tadeusza Kościuszki 16A Street, 50-038 Wrocław immediately, and in any case no later than 14 days from the day on which the Consumer informed about the withdrawal from the Sale. The deadline is met if the Consumer sends back the Goods before the expiration of the 14-day period.

5. If the right of withdrawal is exercised, the Consumer will be obliged to bear the direct costs of returning the goods.

6. The seller is entitled to withhold reimbursement until it receives the item or until it provides us with proof of its return, whichever event occurs first.

7. If the right of withdrawal is exercised, the consumer shall only be liable for any diminution in the value of the item resulting from the use of the item other than what was necessary to ascertain the nature, characteristics and functioning of the item.

8. The right of withdrawal from a contract concluded at a distance does not apply to the Customer who is a Consumer with respect to contracts:

a) 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 start of the service, that after the performance by the Seller will lose the right to withdraw from the contract,

b) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal,

§ 9 .Out-of-court dispute resolution methods

1. A customer who is a Consumer has the right to use out-of-court dispute resolution methods.

2. Information on the possibility of exercising such an entitlement and the relevant procedures is available at the offices and on the websites of municipal (district) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the website addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.en/spory_consumer.php, http://www.uokik.gov.en/issues_individual.php, http://www.uokik.gov.en/important_addresses.php.

3. Various out-of-court dispute resolution options are provided for Consumer Customers, including:

a) requesting the settlement of a dispute arising from the concluded Sales Agreement to a permanent amicable consumer court referred to in Art. 37 of the law of December 15, 2000. on Trade Inspection (Dz.U. No. 4, pos. 25 with later. zm.), the Rules of Organization and Operation of Permanent Arbitration Consumer Courts are set out in the Regulation of the Minister of Justice of September 25, 2001. on defining the rules of organization and operation of permanent amicable consumer courts. (OJ. U. No. 113, item. 1214, as amended.zm.),

b) to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller,

c) use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation),

6. use of electronic dispute resolution with the Seller through the EU platform available at: https://webgate.ec.europe.eu/odr/main/index.cfm?event=main.home.show&lng=EN.

§ 10 .Final provisions

1. Contracts are concluded in the Polish language through the Online Store

2. The Seller shall respect all rights of the Customer under Polish law.

3. Amendments to the Terms and Conditions may be made only for important reasons, such as changes in laws, changes in payment methods, changes in delivery methods - to the extent that these changes affect the implementation of the provisions of the Terms and Conditions

4. In the case of conclusion of contracts on the basis of the Regulations other than of a continuous nature (this applies, for example, to a Sales Contract), the changes to the Regulations will not in any way affect the acquired rights of Customers who are Consumers before the effective date of the changes to the Regulations (including: the changes to the Regulations will not affect Orders placed or placed and Sales Contracts concluded, executed or performed).

5. In a situation where an amendment to the Terms and Conditions would result in the introduction of new fees or an increase in current fees, a Customer who is a Consumer may exercise the right to withdraw from the contract.

6. The Seller is obliged to notify the Customers of any change in the Regulations on the website of the Online Store at least 14 days before the updated version of the Regulations comes into force.

7. The customer has the right not to accept the new wording of the Terms and Conditions.

8. Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code, Act on providing services by electronic means of July 18, 2002. (OJ. U. No. 144, item. 1204, as amended. zm.), the Consumer Rights Act.

9. Annexes to the Regulations are an integral part of the Regulations.

10. The regulations come into force on 1.12.2017.