TERMS AND CONDITIONS OF SHOPPING AT CARTEL FOODS

§ 1. DEFINITIONS

1. Whenever the following capitalized terms are used in these Terms and Conditions, they should be understood in the following meaning, unless the context of their use clearly indicates otherwise:

Client – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, who concludes a distance agreement with the Seller or the Marketplace Seller. When the Client is not a natural person, it is presumed that he is represented by a representative authorized to represent the Client in the light of the applicable law.

Consumer – a Customer who is a consumer within the meaning of Article 22(1) of the Civil Code, i.e. a natural person concluding a legal transaction with Cartel Foods (e.g. concluding a contract) not directly related to its business or professional activity.

Warehouse –  a warehouse located in Walidrogi near Opole, 88 Opolska Street, where   customer orders are completed.

Newsletter – a service consisting in sending marketing information by Cartel Foods, including in particular information on the activities of Cartel Foods and the products and services offered by Cartel Foods, cosmetic trends, new products, special offers and promotional campaigns to the e-mail address indicated by the Customer when subscribing to the Newsletter.

Privacy and Cookies Policy of the Cartel Foods website – a document specifying detailed rules for the processing of personal data and the use of cookies. The Privacy and Cookies Policy constitutes Appendix No. 1 to the Terms and Conditions and is available on the Seller’s website in the “pdf” format.

Individual entrepreneur – a natural person concluding an agreement directly related to his business activity, when the content of this agreement shows that it is not of a professional nature for this person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Business.

Terms and Conditions – these Terms and Conditions with appendices, specifying the rules for concluding distance sales agreements via the Online Store, the rules for performing these agreements, the rights and obligations of the parties to the distance sales agreement and the rules of the complaint procedure. With regard to services provided by electronic means, the Terms and Conditions and their appendices are respectively the regulations referred to in Article 8 of the Act on the provision of services by electronic means. All appendices are an integral part of the Terms and Conditions, unless expressly indicated otherwise.

Seller – CARTEL FOODS Piotr Terlikowski with its registered office in Walidrogi near Opole, 46-050, 88 Opolska Street, NIP: 9910219131, REGON: 360247010.

Provision of Services by Electronic Means – performance of a service provided without the simultaneous presence of the parties (remotely), through the transfer of data at the individual request of the service recipient, sent and received by means of devices for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or transmitted by means of a telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law.

Goods/Product – a movable item that the Client can purchase in the Online Store. All goods offered in the Online Store are brand new, free from physical and legal defects. All goods were placed on the Polish market legally. In exceptional cases, where this is clearly indicated in the product name and description, used or serviced goods may be offered.

Starter Pack – a specially inflated set of Products for each of the Cartel Foods brands allowing you to test the Products. The Starter Package is available to each customer once, it is not possible to order the Starter Package of the same brand again. On the Cartel Foods website, the following brands are available Starter Packs: Holly Powder, Home Made Drinks and Lykke.

Content – any information, data from the Seller or its partners, including in particular copyrighted works, elements, materials, algorithms, schemes, works, markings, logos, names, signs, symbols, descriptions and photos of the Goods, regardless of their nature, format and manner of recording or representation.

Sales Contract – a sales agreement concluded between the Customer and Cartel Foods, the subject of which are the Goods purchased by the Customer on the terms provided for in these Terms and Conditions.

2. Types and scope of services provided electronically:

1. concluding online sales contracts – in the scope of goods sold in the Online Store, including electronic licenses,
2. maintaining the Customer Account,
3. sending e-mails,
4. newsletter – subscribing to the list of recipients is voluntary,
5. sending e-mails in which the Seller confirms the receipt of the order, possible receipt of payment, acceptance of the order for processing, course, other related to the scope of services provided by electronic means,
6. the execution of the order, the course of the complaint and asks for opinions, comments and ratings.

§ 2. GENERAL INFORMATION

1. These Terms and Conditions govern your purchases at CARTEL FOODS.

2. Cartel Foods can be contacted at 88 Opolska Street, 46-050 Walidrogi, by phone at + 48 604 937 261 (Monday to Friday from 08:00 to 16:00) and by e-mail: shop@cartelfoods.com.
3. Basic information, regulations and details regarding data processing, including information on the processing of personal data in cookies and other similar Internet technologies, can be found in the Privacy Policy, available here.

§ 3. TAX DOCUMENTATION OF PURCHASES

1. Transactions of sale of goods or services are documented with fiscal receipts and/or VAT invoices. If the buyer who is a natural person who does not conduct business activity, by purchasing goods in the Online Store, expresses the will to receive a VAT invoice, in this situation the Client receives only a VAT invoice.

2. In accordance with the provisions of the Act of 11 March 2004 on the tax on goods and services (consolidated text: Journal of Laws 2020.106), the Buyer accepts the issuance and sending of invoices (including corrective invoices) in electronic form. Consent to the use of electronic invoices is not tantamount to resignation from receiving them in paper form.

§ 4. PRODUCT INFORMATION

1. Information about products available in the CARTEL FOODS assortment constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

2. Prices of products indicated on the websites of www.hollypowder.pl

1. include VAT and are given in PLN;
2. do not include delivery costs; delivery costs depend on the method of delivery of the product to the Customer, on the value and size of the order and are given when choosing the method of delivery of the product by the Customer; The total cost of the order (i.e. the price of the products including delivery costs) is indicated in the Cart beforethe Client places the order.

3. Cartel Foods reserves the right to make changes to product prices on an ongoing basis . The entitlement referred to in the preceding sentence shall not affect contracts placed before the date of entry into force of the price change.

4. Cartel Foods may conduct promotional campaigns and sales on a separately defined basis.

§ 5. TERMS AND CONDITIONS FOR PLACING AND EXECUTING ORDERS

1. The customer may place orders for products available in the CARTEL FOODS assortment by phone, e-mail or via the contact form on the website.

2. When placing an order, the Client may agree to receive invoices in electronic form. Invoices will be sent to the e-mail address indicated in the Client’s account or indicated in the process of placing an order for purchases without registration. If the Client does not agree to receive invoices electronically, the invoices will be sent in traditional form, i.e. paper with the order.

3. By placing an order, the Customer makes an offer to Cartel Foods to conclude a contractfor the sale (purchase) of the ordered product. The offer is binding on the customer if Cartel Foods immediately confirms receipt of the offer.

4. The contract concluded between the Consumer and Cartel Foods forthe purchase of a given product is timely and lasts for the duration of the order. The place of performance related tothe purchase of products in the Online Store shop.cartelfoods.com is the delivery address indicated by the Consumer.

5. Cartel Foods reserves the right to limit delivery methods and payment methods in relation to a Customer who has failed to collect the subject of the order paid on delivery at least three times.

6. The Client is obliged to provide the correct (current) and accurate address to which the subject of the order is to be delivered (in the case of an order with shipping). If the Customer provides an incorrect or inaccurate address, Cartel Foods shall not be liable for non-delivery or delay in delivery of the subject of the order if, for the above reason, despite the exercise of  due diligence  by Cartel Foods and the company delivering the  subject of the order, the delivery of the subject of the order or its delivery within the time limit  impossible.

§ 6. DELIVERY

1. Delivery of the ordered Goods will be carried out only if the Client provides an existing address.

2. Deliveries are made by courier companies operating in a given country. Delivery issues are determined individually for each order and discussed on an ongoing basis with the customer.
3. Cartel Foods will make every effort to ensure that the Goods are sent to the Customer as soon as possible, but no later than:

1. domestic shipments 1-2 working days,
2. foreign (EU) from 2 days to 2 weeks (depending on the country),
3. By sea about 2-3 months

from the date of conclusion of the Sales Agreement. The customer will receive an email confirming the order.

4. If the delivery takes place to the address indicated by the Client, the rights of persons collecting the parcel at this address will not be examined. If delivery is impossible or difficult due to an incorrect address or an address that has become incorrect, or due to the fact that the delivery has not been accepted at this address or has not been immediately accepted there, the Client is responsible for this.

§ 7. CONCLUSION OF THE SALES AGREEMENT

1. An accounting document (invoice/receipt) confirming the conclusion of the Sales Agreement will be sent to the Client in an electronic version to the Client’s e-mail address indicated in the Client’s Account immediately after sending an e-mail with the confirmation of sending the Goods, referred to in § 8 above.

§ 8. FORMS OF PAYMENT, MATURITY AND RESERVATION OF OWNERSHIP

1. For orders placed with Cartel Foods, you may choose the following payment methods:

1. fast online transfer (Przelewy24),
2. payment card – Mastercard or VISA,
3. Standard transfer
4. cash on delivery – if the delivery is made by a courier company in Polish.

2. When choosing any of the payment methods indicated in § 8 point 1 above, the Client bears the costs related to it.

3. All our payment methods, excluding cash on delivery, are processed by przelewy24.

4. If the Customer chooses to pay by quick online transfer via Przelewy24, then by choosing this payment method they will receive an invoice with a QR code, after scanning which they will be redirected directly to the Przelewy24 system, where they can choose their banking institution. The next step is for the customer to log in to online banking and confirm the payment. Everything takes place in an encrypted, secure SSL connection, ensuring the protection of websites and the confidentiality of data transmitted electronically. The SSL connection is a guarantee of a high level of security of transactions. After the payment, the Client will be redirected back to the Website and their order will be forwarded for further processing.

5. When paying by payment card, the Client should provide the following card data when placing an order: card number, expiry date, name and surname of the card owner and security code, as well as authorise the card.

6. Payment by bank transfer should be made within 3 working days from the date of placing the order. If the Client does not pay for the order within 3 working days from the date of placing the order, the order will be cancelled and the Client will receive an e-mail with information about the cancellation of the order.

7. Payment via Przelewy24 and by payment card is made when placing an order. Payment by bank transfer should be made within the time limit indicated in § 8 point 6 above.

8. The order can also be paid for on delivery – if the delivery is made by a courier company.

9. The parcel will not be released to the Client until full payment has been made.

10. Cartel Foods reserves the right to disable the ability to pay by cash on delivery (COD) to a Customer who fails to collect two consecutive orders from Cartel Foods for payment on delivery. If the Customer is interested in restoring the form of payment on delivery (cash on delivery), in the event of the situation referred to in the preceding sentence, they should contact Cartel Foods using the following contact details: tel.: + 48 604 937 261 (Monday to Friday from 08:00 a.m. to 4:00 p.m.) of the Terms and Conditions in order to clarify the matter.
11. The ordered Goods remain the property of Cartel Foods until the price is paid in full.

§ 9. RIGHT OF WITHDRAWAL

1. If the Buyer is a Consumer or an Individual Entrepreneur, then on the basis of the Act of 30 May 2014 on consumer rights, the Buyer has the right to withdraw from the Sales Agreement in accordance with the following provisions. Otherwise, the following provisions shall not apply.

2. The Buyer may withdraw from the Sales Agreement without giving reasons within 14 days from the date of receipt of the Goods.

3. The returned Goods should be sent by the Client to the following address: Cartel Foods, 88 Opolska Street, 46-050 Walidrogi, with the note “RETURN”.

4. In the event of effective exercise of the right of withdrawal, the Sales Agreement shall be deemed not to have been concluded.
5. The Goods should be returned immediately upon submission of the statement of withdrawal or separately – but not later than within 14 days from the date of submission of the statement of withdrawal from the Sales Agreement to Cartel Foods.
6. The direct costs of returning the Goods are borne by the Client.

7. The refund of the price of the Goods paid by the Buyer will be made by Cartel Foods immediately, no later than within 14 days from the date on which the full-valued, returned Goods arrives at the registered office of Cartel Foods. The refund will be made using the same form of payment as the one used by the Client, unless the Client agrees to another method of reimbursement, which will not involve any costs on the Client’s side. Cartel Foods may withhold any reimbursement of payments received from you until the Goods are received back or you provide proof of your return, whichever occurs first

8. If the Buyer paid for the Goods on delivery in cash (cash on delivery), then the refund will be made to the bank account indicated by the Buyer in the statement of withdrawal from the Sales Agreement.

9. Cartel Foods does not verify from which bank account or from whose credit card payment was made for Goods ordered in the Cartel Foods Online Store.

10. Cartel Foods shall not be liable for non-refund of any amount paid or delay in refund if, despite Cartel Foods’ reasonable care, including requesting the Customer to send Cartel Foods its account number to the e-mail address provided by the Customer, the Customer fails to send Cartel Foods such an account number or if the response does not contain data enabling the Customer to provide the Customer. return. Cartel Foods shall not be liable for non-refunds or delays in refunds if they are the result of incorrect  address, personal or account numbers provided by the Customer, despite  Cartel Foods’ due diligence in the correct execution of payments.

11. The Buyer does not have the right to withdraw in the cases indicated in the provisions of the Act of 30 May 2014 on consumer rights, i.e. in particular in the case of the Sales Agreement:

1. in which the subject of the service is non-prefabricated Goods, manufactured according to the Customer’s specification or used to meet their individual needs,
2. in which the subject of the service is Goods that are subject to rapid deterioration or have a short shelf life,
3. in which the subject of the service is the Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygienic reasons, if the packaging has been opened after delivery.

§ 10. COMPLAINTS AND DAMAGE CAUSED DURING TRANSPORT

1. The basis and scope of the Seller’s liability towards the Client, if the sold Goods have a physical or legal defect (warranty) are specified by generally applicable law, in particular in the Civil Code.

2. The Seller is obliged to provide the Client with a Product without defects.

3. In order to file a complaint, please fill in the Complaint Submission Form. The complaint should contain the data of the person or entity submitting the complaint (name and surname or full name, exact address or e-mail address and other details required in the form). It is recommended that the complaint should include, m.in, a brief description of the defect, the circumstances (including the date) of its occurrence and photographic documentation of the defect.

4. The Complaint Form should be sent back to the Seller in one of the following ways:

1. mailowo na adres shop@cartelfoods.com
2. by post to the following address: CARTEL FOODS, 88 Opolska Street, 46-050 Walidrogi (with the recommended note “Complaint”, however, this note is not mandatory),

5. Complaints regarding the operation of the Online Store www.shop.cartelfoods.com or regarding services provided electronically may be submitted to Cartel Foods.

1. in writing to the address of the registered office of Cartel Foods (with the recommended note “Complaint”, but this note is not mandatory),
2. via e-mail to the following address: shop @cartelfoodscom (with the recommended subject of the message: “Complaint”, although the above subject line is not mandatory).

6. Goods sent back as part of the complaint procedure should be sent to the address provided in §2 of these Terms and Conditions.

7. A response to the complaint is provided in a manner corresponding to the manner in which the complaint was sent, i.e. by registered mail to the address provided in the complaint or by e-mail, to the e-mail address provided in the complaint or from which the complaint was sent, within 30 days from the date of receipt of the complaint.

8. If there is a need to return funds for a transaction made by the Client with a payment card, the Seller will refund the funds to the bank account assigned to the Ordering Party’s payment card.

9. The use of the complaint procedure by the Client is voluntary.

§ 11. INTELLECTUAL PROPERTY – CONTENT AND MATERIALS

1. The Client represents that:

1. he does not have any rights, including copyright or related rights to the content, except for the right to use in the manner specified in the Terms and Conditions and beyond the rights to the content. The Client is not entitled to any recording, reproduction, sharing, making public or dissemination of content, unless such right results from the provisions of law or the Terms and Conditions.
2. is not entitled to interfere in any way with the content, in particular is not entitled to interfere with the content, structure, form, graphics, mechanism of operation or other elements of the Online Store; may not make any changes, additions, modifications or other actions to the content other than those expressly permitted under these Terms and Conditions.

2. The Client acknowledges that the Content, including, for example, advice, advice and guidance, is not a substitute for advice and guidance provided by an expert or other competent person, after a detailed analysis of the specific case and all its circumstances.

3. Other issues related to intellectual property and offered materials are regulated by Appendix No. 1 constituting a part of these Terms and Conditions.

§ 12. PERSONAL DATA

1. Personal data provided by Customers when shopping at CARTEL FOODS are processed by Cartel Foods Piotr Terlikowski with the registered office address: 88 Opolska Street, 46-050 Walidrogi (data administrator).

2. Providing personal data by the Customer is voluntary, but necessary to make purchases and use those services provided electronically by Cartel Foods, which require the provision of personal data. Cartel Foods processes personal data for the purpose of providing services by electronic means, concluding and performing sales contracts with the Customer for products ordered by the Customer in the Online Store shop.cartelfoods.com and in the case of the  Customer’s consent referred to in § 14 of these Terms and Conditions, also for the purpose of providing the newsletter service.

3. The Client has the right to access the content of their personal data and to correct and delete them. Personal data may be corrected or deleted after contacting the Seller.

4. Providing personal data by the Client in the Client’s public profile, referred to in § 13 of these Terms and Conditions, means consent to make this data available to an unlimited group of

5. By providing data, the customer declares that the personal data provided by him is his data.

6. Detailed provisions regarding the protection of the Client’s personal data can be found on the website of the Online Store shop.cartelfoods.com dedicated tothe privacy policy, which is an integral part of the Terms and Conditions.

§ 13. NEWSLETTER

1. As part of the Website’s functionality, Cartel Foods offers the Newsletter service, which consists in Cartel Foods sending marketing information about Cartel Foods’ activities and products and services offered by Cartel Foods, including in particular cosmetics trends, new products, special offers and promotions to the e-mail address indicated by the Customer when subscribing to the Newsletter in accordance with the rules set out in the Terms and Conditions. The information sent as part of the Newsletter may be tailored to the Customer’s profile, in particular to the Customer’s shopping interests.

2. The Customer may subscribe to the Newsletter by leaving their e-mail address in the Newsletter subscription form and when placing an order by ticking their consent in the “Subscribe to the Newsletter” field (or equivalent). By doing one of these actions, you consent to receive from Cartel Foods electronically the information referred to in Section 1 above. Immediately after subscribing to the Newsletter, an e-mail is sent to the Client with a request to confirm the subscription to the Newsletter (subscription to the Newsletter). After clicking on the link confirming the subscription to the Newsletter, the Customer’s e-mail address will be added to the Cartel Foods newsletter mailing list

3. Subscribing to the Newsletter and using the Newsletter service (after subscribing) is free of charge and voluntary.

4. The Newsletter service is provided for an indefinite period of time. The Client may unsubscribe from the Newsletter at any time and without giving any reason (unsubscribe from the Newsletter). The Customer may unsubscribe from the Newsletter on their own via the unsubscribe link at the end of each Newsletter or by contacting Cartel Foods using the contact details indicated in the Terms and Conditions. After unsubscribing from the Newsletter, until the unsubscribe is technically processed by Cartel Foods, the Customer may receive the Newsletter for a certain period of time, but in no case will this period be longer than 30 days.

§ 14. FINAL PROVISIONS

1. A consumer may obtain free assistance on his rights and in a dispute between him, and Cartel Foods may obtain free assistance in relation to his rights and in the case of a dispute between him, and Cartel Foods may turn to, among other things, the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Information for consumers, including information on the possibility of obtaining assistance, is also available on the website of the President of the Office of Competition and Consumer Protection (uokik.gov.pl) in the “Consumer dispute resolution” tab.

2. At https://ec.europa.eu/consumers/odr, the consumer has access to the settlement of consumer disputes electronically using the EU online platform (ODR platform). The ODR platform is a multilingual, interactive website for consumers and entrepreneurs seeking an out-of-court settlement of disputes arising from the conclusion of a  distance sales contract or a contract for the provision of services.

3. Any disputes arising between the Customer who is not a Consumer and Cartel Foods shall be resolved by the court with jurisdiction over the registered office of Cartel Foods.

4. All product names placed on the website are used for identification purposes and may be protected and reserved under the provisions of the Act of 30 June 2000 – Industrial Property Law or other legal provisions.

5. The language of contracts concluded with Cartel Foods is Polish or English.

6. Cartel Foods reserves the right to change these terms and conditions for a valid reason, which is:

1. the need to adapt the Terms and Conditions to the provisions of law having a direct impact on these Terms and Conditions and resulting in  the need to modify the Terms and Conditions in order to comply with the law,
2. the need to adapt the regulations to the recommendations, orders, rulings, provisions, interpretations, guidelines or decisions of authorized public authorities,
3. expansion or change of the functionality of the shop.cartelfoods.com Online Store, including the introduction of new services provided electronically or change of the existing functionalities of the shop.cartelfoods.com Online Store,
4. change in the technical conditions for the provision of services by electronic means,
5. the need to remove ambiguities, errors or typographical errors that could possibly appear in the regulations;
6. change of contact details, names, identification numbers, electronic addresses or links included in the regulations,
7. prevention of abuse,
8. improvement of customer service,
9. change in the process of concluding contracts through the shop.cartelfoods.com Online Store.

7. The amended Terms and Conditions will be made available in the shop.cartelfoods.com Online Store (including download in PDF format). Cartel Foods will inform about the change in the terms and conditions by means of a message in the shop.cartelfoods.com Online Store and by sending a notification of the change to registered Customers to the e-mail address assigned to their account (along with the attached terms and conditions in PDF format).

8. The amended Terms and Conditions are binding for a registered Customer who does not terminate the agreement for maintaining an account in the Online Store shop.cartelfoods.com before the date of entryinto force of the amended Terms and Conditions. The date of entryinto force of the amended regulations will be at least 7 days from the date of notification of the amendment to the regulations made in accordance with paragraph 11 above. The change in the regulations will not affect orders placed before such a change, which are carried out on the previous terms.

9. The content of these Terms and Conditions is available for free download and saving by any interested person in an electronic version on the website of the hollypowder.com