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Antonius Caviar

I. General information
II. Definitions
III. Terms of Use of the Online Shop
IV. Goods
V. Registration
VI. Account Registration
VII. Placing orders /Concluding a Sales Contract
VIII. Payments
IX. Delivery of goods
X. Complaints / Withdrawal from a Contract
XI. Final provisions

I. General information

  1. The owner of “Antonius Caviar” Online Shop is a Gospodarstwo Rybackie “Gosławice” LLC (a limited liability company) with its registered office in Konin, ul. Rybacka 2, 62-510 Konin, Poland The Company is entered in the Register of Entrepreneurs of the National Court Register under the number 0000019417. Company records are kept at the District Court of Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register. The Company has a tax identification number: 6652552177, REGON (BUSINESS ID. NO.) 311495660 The Company has a share capital of PLN 430,000.00 (four hundred and thirty thousand zloty); The shop’s owner is included in the register of caviar processing, packaging and repackaging plants under the number 0004.
  2. The goods are produced for the Owner of the Online Shop by Gospodarstwo Rybackie Olsztyn II LLC with a registered seat in Ruś near Olsztyn. This entity is included in the register of caviar processing, packaging and repackaging plants under the number 0009.
  3. The Seller provides services through the Online Shop at the territory of the European Union.
  4. These Terms and Conditions define the use of the Online Shop and are available at www.antoniuscaviar.com/shop in such a way that a Customer, before using the services of the shop can, in an easy way, have access to Terms and Conditions, open them, record and store them, using the teleinformatic system that he/she is currently using.
  5. Before using the services of the Shop the User is obliged to read the Terms and Conditions of the shop. By using the Online Shop, the User confirms that he/she has read the Terms and Conditions and that he/she accepts them and agrees to abide by them.
  6. The Owner of the Online Shop is available for contact +48 505 692 980 during working days, in the following hours: 8 am – 4 pm and at shop@antoniuscaviar.com.
  7. In order to access the services provided, a User has to meet the following technical requirements:
    • have a computer with Internet access and a web browser: Internet Explorer, Mozilla, Firefox, Google Chrome,
    • have an active email account,
    • enable JavaScript, frames, and CSS styles.
  8. The Owner of the Online Shop undertakes to make every effort to ensure proper and uninterrupted operation of the Shop. In the event of a malfunction or technical error caused by hardware or software problems or other causes, the Owner of the Online Shop shall make every effort to minimize all the adverse effects of any technical problems. The owner of the Online Shop is not responsible for the consequences of technical failures if they occurred due to events that, with due diligence, were not possible to predict or prevent. The Seller is not responsible for any technical disruptions, including failures in the operation of the Online Shop cause by force majeure, unauthorized operation of third parties or incompatibility of the Online Shop with Customer’s technical infrastructure.
  9. In order to develop the Online Shop and minimize the risk of any technical failures, it is necessary to have periodic technical breaks during which changes are made in the IT system. The Shop’s owner undertakes to plan technical breaks, if possible, at night hours in order to make them less inconvenient for Users.

II. Definitions

  1. Terms and Conditions – these Terms and Conditions of Antonius Caviar Online Shop,
  2. Seller – Gospodarstwo Rybackie “Gosławice” LLC with its registered office in Konin, ul. Rybacka 2, 62-510 Konin; entered in the Register of Entrepreneurs of the National Court Register under number 0000019417; NIP (tax id. no.): 6652552177, REGON (BUSINESS ID. NO.) 31495660 with the share capital of PLN 430,000.00 (four hundred and thirty thousand zloty);
  3. User – a natural person aged 18 an upwards with full legal capacity, a legal person and an organizational unit without legal personality, but having legal capacity, only visiting the Online Shop and accepting the Terms and Conditions,
  4. Customer – the User who buys the Goods at the Online Shop,
  5. Online Shop – Antonius Caviar Online Shop at www.antoniuscaviar.com/shop,
  6. Order – an offer to conclude a Sales Contract submitted by a Customer via the Online Shop,
  7. Sales Contract – a contract of sales of goods concluded between the Seller and the Customer via the Online Shop,
  8. Goods – Caviar sold by the Seller via the Online Shop, where the Seller carries out the retail sale of the Goods,
  9. Registration – the process of completing a User’s form, located on the website of the Online Shop in order to conclude and execute the Sales Contract, without User Account Registration,
  10. Account Registration – the process of setting up a User Account, by entering real email address, as well as Username and Password,
  11. User Account – an Account registered by the User, which is a collection of resources in which data is collected, including order history and User’s contact details,
  12. Username – a name that uniquely identifies the User Account,
  13. Password – a string of characters which, together with the Username, identifies a User during the authentication process – logging into the User’s Account,
  14. Consumer – a natural person who undertakes with an entrepreneur a legal activity not directly related to his/her business or profession,
  15. Trade Information – a description of the Goods, their pictures with information on their prices, their availability, edited and entered by the Shop’s Owner. Commercial information is also any piece of information that meets the requirements of the definition contained in Art. 2 sec. 2 of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended).

III. Terms of Use of the Online Shop

  1. Placing orders without a User Account Registration.
    Users can place orders in the Online Shop without having to set up an Account – to buy as a “guest”. Before placing an order, the Customer has to register and accept the Terms and Conditions.
  2. Placing orders with User Account Registration.
    Users can place orders in the Online Shop after registering an Account – creating a User Account. Account Registration requires the User to provide his real email address and to enter a Username and Password, and then gives the possibility to fill in the “ADDRESSES” tab, “Billing Address” and “Shipping address” by providing personal data, such as name, surname, address or phone number. After logging in, the User adds the selected goods to the basket and confirms the contact details. Before placing an order, the Customer has to register and accept the Terms and Conditions.
  3. Placing orders with Registration of the User Account when placing an Order:
    Users can place orders in the Online Shop as a “guest” and register the Account when placing the order – for this purpose, after filling in the appropriate fields of the form, select the “Create an account?” option, and then enter the Username and Password.

IV. Goods

  1. Detailed information on the Goods, including prices, can be found at the Online Shops’ website www.antoniuscaviar.com/shop
  2. There are gross prices in Euro (including VAT) and they do not include shipping costs.
  3. The Seller reserves the right to change the prices of the Goods, however, this will not affect the Orders placed before the price changes.
  4. Information on the Goods posted on the Online Shop does not constitute an offer but it is an invitation to enter into an agreement.
  5. The Goods are unpasteurised. The Goods remain suitable for consumption, provided that they are kept at a temperature between -3 ⁰ C and 3 ⁰ C. The Seller, in order to ensure that temperature, delivers the Goods to the Customer: within 24 hours for orders delivered within the territory of the Republic of Poland and from 24 to 48 hours for orders delivered in other European Union countries (in accordance with the Terms and Conditions, via a courier company) in sealed packages (“styrobox”) with special reusable icepacks. After the delivery, the Goods should be removed from the packaging (“styrobox”) and then placed in a refrigerator, but not in a freezer.

V. Registration – placing orders as a “guest”.

It is possible to place orders without prior Account Registration – placing orders as a “guest”. For this purpose, the User each time placing an order registers data and accepts the Regulations.

  1. The User makes a Registration by entering his or her real data into the blank spaces of the form, indicating whether the Order is placed by a “natural person” or a “company”. Before registering, it is necessary to confirm that User has read the Privacy Policy and Information on the processing of personal data.
  2. If the User submits the Order as “natural person”, the following information is required:
    • name,
    • surname,
    • e-mail address,
    • phone number,
    • address,
    • delivery address of the Goods within the European Union, if it differs from the address of residence.
  3. If the User submits the Order as “company”, the following information is required:
    • company name,
    • NIP (Tax Id. No.),
    • name,
    • surname,
    • e-mail address,
    • phone number,
    • company address
    • delivery address of the Goods within the European Union, if it differs from the registered office of the company

VI. Account Registration

  1. It is possible to place Orders after registering a User Account.
  2. Account Registration requires the User to provide his / her real email address and to set the Username and Password.
  3. It is possible to change the Username in the “ACCOUNT DETAILS” tab.
  4. The Password must be at least twelve characters in length. It is possible to change the Password in the “ACCOUNT DETAILS” tab.
  5. Account Registration allows the User to fill in the “ADDRESSES” tab: “Billing address” and “Shipping address” by providing personal data such as name, surname, company name, address or telephone number.
  6. If the User submits the Order as “natural person”, the following information in the “Billing address” section is required:
    • name,
    • surname,
    • e-mail address,
    • phone number,
    • address,
    • delivery address of the Goods within the European Union, if it differs from the address of residence.
  7. If the User submits the Order as “company”, the following information in the “Billing address” section is required:
    • company name,
    • NIP (Tax Id. No.),
    • name,
    • surname,
    • e-mail address,
    • phone number,
    • company address,
    • delivery address of the Goods within the European Union, if it differs from the registered office of the company.
  8. If the Shipping Address is different from the Billing Address, it is required to complete the appropriate fields in the “Shipping Address” section.
  9. “Billing address” and “Shipping address” can be edited.
  10. After logging in, the User adds the selected Goods to the basket and confirms the contact details. Before placing an Order, it is obligatory to accept the Terms and Conditions.
  11. It is possible to register the User’s Account during the ordering process (when placing order as a “guest”) – for this purpose, after filling in the appropriate fields of the form, the “Create an account?” option should be selected. Then the Username and Password fields shout be entered. Selecting this option and correctly filling in the “Username” and “Create account password” fields will result in Account Registration.
  12. Before registering an Account, it is obligatory to read and accept the Terms and Conditions.
  13. Before registering an Account, it is obligatory to read the Privacy Policy and Information on the processing of personal data.

VII. Placing orders /Concluding a Sales Contract

  1. Placing an Order is an offer within the meaning of the Act of 23 April 1964 of the Civil Code submitted by the Customer.
  2. Placing the Order is only possible after the Registration or Account Registration has been completed and the Customer acknowledges and accepts the Terms and Conditions (by indicating the appropriate choice).
  3. Orders may be submitted within 7 days of the week, 24 hours a day.
  4. The submission of the Order consists in selecting the Goods and their quantity. The Customer makes this decision by clicking the “Add to cart” button or its equivalent. The “Cart” allows the Customer to manage the selected Goods and calculate the current value of the Order, taking into account the shipping costs of the Goods. Shipping costs are indicated separately from the purchase price.
  5. The Order is placed when the Customer clicks the “Order and Pay” button.
  6. Immediately after the Order has been placed, the Seller will send a message confirming the receipt of the Order to the e-mail address specified by the Customer in the Registration form. The Sales Contract is concluded the moment the Seller sends the Customer a message confirming receiving the Order.
  7. The Seller shall take the utmost care when updating the inventory of the Goods on the website. However, if the Goods indicated in the Order are physically unavailable, the Seller will contact the Customer by phone or e-mail, according to the data provided in the Registration form. The Customer will be able to change the Order, taking into account the actual availability of the Goods or cancel the Order.
  8. The confirmation of receiving the Order referred to in sec. 6 above will define the parties to the Sales Contract, the nature and quantity of the Goods covered by the Order, and the value of the Order with separately given delivery costs of the Goods as well as the shipping time. To the confirmation referred to in the preceding sentence, the Seller attaches information for the Consumer confirming the conclusion of the contract in accordance with Art. 21 sec. 1 pt. 1 of the Act of 30 May 2014 on Consumer Rights.

VIII. Payments

  1. The Customer is obliged to pay the purchase price of the Goods increased by the cost of their delivery via a payment method he/she chooses. If the total purchase price of the Goods exceeds 1000 Euros (one thousand euros), the Customer does not bear the shipping costs.
  2. When ordering the Customer can choose one of the following payment methods:
    • traditional bank transfer
  3. The seller documents the sale by issuing VAT invoices.

IX. Delivery of goods

  1. The Seller delivers the Goods within the European Union via a courier company.
  2. The Goods, in the territory of the Republic of Poland, are delivered within 24 hours from their dispatch. The delivery time to other European Union countries depends on the specific country and ranges from 24 to 48 hours. However, if the estimated delivery time provided by the courier service exceeds 48 hours, the Seller reserves the right to cancel the order.
  3. The Goods are sent when payment has been credited to the account. The Goods delivered to European Union countries, are sent from Monday to Wednesday, excluding holidays and days preceding the holidays. The Goods shipped to Republic of Poland are sent from Monday to Thursday, excluding holidays and days preceding the holidays.
  4. After having sent the Goods, the Seller sends the Customer a VAT invoice at the e-mail address provided in the Registration form or during Account Registration.
  5. The Goods are delivered to the address indicated by the Customer during the Registration or in the “ADRESSESS” tab (after setting up the User Account).

X. Complaints / Withdrawal from a Contract

  1. The customer may check the sealing of the packaging in which the Goods are delivered to him/her.
  2. The Consumer’s complaint shall be investigated on the basis of the provisions of the Act of 23 April 1964 (Article 556 of the Civil Code).
  3. The Customer should submit a complaint to the e-mail address shop@antoniuscaviar.com precisely indicating in what way the goods are non-compliant with the contract.
  4. The Seller will process the complaint within 14 days. During this time the Customer shall be informed about further actions.
  5. In the scope of the Sales Agreements concluded between the Seller and the Non-Consumer Customer, pursuant to Art. 558 § 1 Seller’s liability under the warranty is excluded.
  6. A Customer who is a Consumer based on Article. 16 (d)(e) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, shall not have the right to withdraw from the Contract within fourteen days without giving the reason referred to in Article 9 (1) of the mentioned Directive.

XI. Final provisions

  1. The owner of the Online Shop has the right to change the Terms and Conditions. The owner is obliged to inform the Users at www.antoniuscaviar.com. Changes to the Terms and Conditions come into force 14 days after they have been published at www.antoniuscaviar.com and trough this time they shall be clearly highlighted so that Users can see them without any thorough analysis of the Terms and Conditions. The information about those changes will be visible during the time specified in the preceding sentence at every visit to www.antoniuscaviar.com/shop.
  2. Any disputes between the Seller and the Customer who is a Consumer in connection with the provision of services through the Online Shop shall be settled by the General Court in accordance with the provisions of the Act of 17 November 1964, the Code of Civil Procedure.
  3. Any disputes between the Seller and the Customer who is not a Consumer in connection with the provision of services through the Online Shop shall be settled by the General Court having jurisdiction over the registered seat of the Owner of the Online Shop.
  4. All contents of the Internet Shop are protected by copyright and industrial property rights to the Owner of the Online Shop.
  5. In all matters not regulated in these Terms and Conditions, the provisions of generally applicable Polish law apply, and in particular the provisions of the Act of 23 April 1964 – Civil Code, the Act of 29 August 1997 on the Protection of Personal Data, and the Act of 18 July 2002 on Providing Services by Electronic Means and, in the case of Consumers, the Act of 30 May 2014 on Consumer Rights.
  6. The Terms and Conditions apply as of 10 November 2020.

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