Regulations

PORTAL RULES WWW.FOODANDDESIGN.PL

Definitions

Terms used in these Rules:

„Regulations"- means this document defining the rights and obligations of the service provider and customers.
„Service Provider"- means from the kitchen of Magdalena Malyutko-Kubisiak Tomasz Kostecki an obvious company with headquarters at 12 Chodakowska str., 03-977 Warsaw, registered in the district court for m.st. Warsaw in Warsaw, XIII Economic Division of the National Judicial Register - under the number KRS 0000754601; REGON: 381661901; TIN: 1132986369.
„Food and Design project"- means the Food and Design portal published by a service provider that is available in the online store's offer, including in the form of seminars, trainings, and e-books and training materials sold through the online store.
„Portal"- a set of functions provided by the service provider at www.foodanddesign.pl owned by the service provider and allowing the customer to register a customer account and place orders for goods and services.
„Client"- means a portal user who places an order for goods and services through the portal and the online store.
„Client's Account"- functionality of the portal and online store, launched in favor of the client by the service provider after the client has registered on the portal or online store, which consists in providing the client with additional functions within the portal and / or online store, such as, for example, storing address data, order history, etc. Account the client is managed by the service provider at the client's email address.
„Online Store"- means the functionality of the site through which the service provider distributes goods and services located at www.foodanddesign.pl.
„Products and services"- means products and services offered by the service provider through the portal and online store, including seminars, trainings, e-books, customer account and newsletter.
„Registration"- the procedure specified in the rules, which is required for the client to use all the functionality of the portal and the online store.
„Newsletter"- means commercial information provided by the service provider through the portal, directly or indirectly intended to promote goods and services or the image of the service provider or other persons cooperating with the service provider.
„privacy policy"- The portal's Privacy Policy, available at www.foodanddesign.pl/politykaprywatnosci/ determining the scope and method of processing personal data of clients that are an integral part of these Terms and Conditions.
"Consumer" - means a natural person who performs a legal action that is not directly related to his economic or professional activities.
"Preferred entrepreneur” - means an individual who enters into a contract directly related to his / her business activities, when it follows from the content of this contract that he / she does not have a professional character for this person, resulting, in particular, from the subject matter of his / her business activities provided in accordance with the provisions on Central Accounting and information on business activities.

GENERAL PROVISIONS

The Regulations define the terms of operation of the portal and the online store, the rights and obligations of customers, as well as the rights, obligations and responsibilities of the service provider, as an entity that manages and manages the portal and online store.
From the moment of registering a Customer Account or placing an order for goods and services, each customer is obliged to familiarize himself with the content of these Terms and Conditions and can take further actions only after accepting all its provisions.
The provisions of the Regulation do not violate the rights of consumers in accordance with the Law of December 23, 1964 Civil Code (i.e. U. of 2020, paragraph 1740-further "Civil Code") and the Law of May 30, 2014 on consumer rights(i.e. of 2020, paragraph 287) ”
The service provider reserves the right to restrict access to selected products and services offered through the portal and online store only to adults. Information about the restriction will be posted each time on the portal or in the online store by the service provider.
The exclusive rights to the content provided on the portal or in the online store, in particular the copyrights, designations and trademarks of the service provider, any verbal or graphic elements of the portal and other intellectual property rights are subject to legal protection and belong to the service provider or organizations with which the service provider has entered into relevant agreements.
The service provider takes measures to ensure the full functioning of the portal and online store to the extent that this is due to modern technical knowledge, and undertakes to eliminate any violations reported by customers within a reasonable time.
The Client, using the portal and online store, does not have the right to interfere in any way with their digital content, structure, form, graphics, or mechanism of action. It is prohibited for the client to provide illegal content, as well as for the client to use the portal and online store or free services provided by the service provider in a way that is contrary to the law, good practices, or violates the personal benefits of third parties or the service provider.
The Client has the right to use the portal and online store exclusively for personal use. It is not allowed to use the resources and functions of the portal and online store for the purpose of conducting commercial activities by the client or such activities that would violate the interests of the service provider.
Clients can access the rules at any time at: www.foodanddesign.pl/regulamin/ Terms and conditions can be delivered to the client in electronic form (to the email address specified in the client's account) for each request, without additional payment.
To register a Customer Account, place an order in an online store, and use some of the services available on the portal (such as a newsletter), the customer must have an active email account.
Use of the portal and online store is possible if the ICT system used by the client meets the following minimum technical requirements::
- Safari version 10.1 or later or
- Mozilla Firefox version 6.1 or later with support for Java, JavaScript, and Cookies, or
- Google Chrome version 6.8 or later with support for Java, JavaScript, and Cookies, or
- Edge version 1.5 or later.

REGISTER ON THE PORTAL AND IN THE ONLINE STORE

To create a customer account, the Customer must register for free, and registration can be made both within the portal and in the online store, when placing an order.
A client who registers on the portal gets access to offers related to content, i.e. articles available on the portal, personalized based on tags, bookmarks and their activity on the portal, specified by the client during registration. Registration is not required for placing orders in the online store for goods and services, except for the customer account service.
To register, the client must complete the registration form provided by the service provider on the portal or in the online store, and send the completed registration form electronically to the service provider by selecting the appropriate function in the registration form. When registering, the client sets an individual password for the client's account.
When registering on the portal, the client provides only the following data: first name, last name, email address. The client can also place orders from the client's account registered on the portal, adding data necessary for its execution to the client's account.
When filling out the registration form, the client must follow the following rules::
fill in all fields of the registration form, if the field is not optional;
the information entered in the registration form must relate to the client and be true;
The Client must read and confirm that they have read the terms and conditions and privacy Policy by entering the appropriate field in the registration form. Acceptance of the terms and conditions and privacy policy is required for registration and creation of a customer account;
The Client must consent to the processing of their personal data on the terms, to the extent and for the purposes detailed in the Privacy Policy. Consent to the processing of personal data is voluntary, but it is necessary to register and create a customer account;
After sending the completed registration form, the client immediately receives confirmation of registration of the Client's Account by the service provider via email. From this point on, the client gets the opportunity to access the client's account and make changes to the data provided during data registration, as well as gets the opportunity to use other services offered by the service provider through the portal and online store.
The Client must make every effort to maintain confidentiality and not share the client's account password with third parties. If the password is lost to unmanaged persons. The Client is obliged to immediately change the password using the functionality of the portal, and in case of suspicion that an unauthorized person is using the client's account, immediately inform the service provider about this.
The service provider has the right to block access to the client's account in case of actions of the client to the detriment of the service provider or other clients, violation of laws or regulations by the client, as well as when blocking access to the client's account is justified for security reasons – in particular: violation of the security of the portal or online store by the client, or other hacking actions. Blocking access to the client's account for the specified reasons lasts for the period necessary to resolve the issue underlying the blocking of access to the client's account and free services. The service provider notifies the client about blocking access to the client's account in electronic form at the address specified by the client in the client's account.

TERMS OF USE OF THE ONLINE STORE AND ORDER PLACEMENT PROCEDURE

Orders placed in the online store are executed by the service provider.
The customer can place orders in the online store by first logging in to the customer's account or without a customer account. To place an order, the customer: selects the product that they are interested in in the online store and the "add to cart" command, and then, after completing the entire order and specifying the delivery and payment method in the "basket", the customer sends the order form to the service provider by clicking on the "order" field in the order form.
When placing an order, the client:
- it declares that it has read the content and accepts the terms and conditions and Privacy Policy;
- it declares that the personal data it provided when placing the order is true;
- the user may consent to receiving the mailing list from the service provider in electronic form.
Placing an order in the online store will be automatically confirmed by the system in electronic form, to the email address specified by the client when placing the order.
All prices listed in the online store are gross values expressed in Polish zlotys and include VAT.
The price indicated with each product is mandatory at the time of placing the Order by the Customer. The service provider reserves the right to change the prices of products included in the offer, introduce new products in the online store's offer, conduct and cancel promotions on the online store's pages, or make changes to them. The price change does not apply to orders that have already been accepted for execution.
The service provider reserves the right to refuse to fulfill the order if the specified price of the product is incorrect due to incorrect operation of the ICT system.
Products may be limited in quantity. Orders that include such items are completed in the order in which confirmed orders for these items are received until inventory runs out.
If the ordered goods are in stock, payment is made within 5 business days from the date of payment confirmation.
The order completion time may increase due to the lack of goods in stock at the time of placing the order and the need for delivery.
If the order is extended, the customer will be informed by phone or email.
The service provider reserves the right to refuse to execute the order if the data provided by the customer is inaccurate and prevents the order from being executed, in particular, prevents the correct delivery of the parcel.
Ordered goods are delivered via Polish post or courier companies.
The delivery cost of the product is added to the product price.
The online store allows you to make payments only in the form of prepayment.
The customer pays the price for the ordered product together with the delivery cost by traditional bank transfer or by electronic payment made in the payment system Dotpay.pl before delivery. Do not receive payment to the account of the service provider or intermediaries in the transaction (services Dotpay.pl) within 2 days after placing the order, you will cancel the order. In this situation, you can re-place your order.
After selecting an electronic payment as the payment method, the client will be redirected to the Dotpay payment form, and the payment can be made after the client has previously accepted the terms of this payment form provided by Dotpay.pl as a settlement agent.
The product is sent and delivered only on business days from Monday to Friday.
The number of products offered in the online store varies and is subject to constant updates.

COMPLAINT FORM

The products offered in the online store are brand new and original. The service provider is liable to the consumer for physical or legal defects in the goods in accordance with article 556 and subsequent civil codes and on the principles described below. The liability of the service provider in relation to the preferred entrepreneur is excluded.
Any product purchased in an online store is subject to a complaint in compliance with the terms and conditions established by law, provided that it has defects that determine its non-compliance with the concluded contract.
The customer can file a complaint by mail, sending the product together with a written description of the defect and confirmation of purchase in the online store, by registered mail or other form of mailing to the service provider's address (Otto Magdalena Malyutko-Kubisiak Tomasz Kostecki Jawna company, 12 Chodakowska str., 03-977 Warsaw) or by e-mail to the e-mail address: kontakt@foodanddesign.pl
The complaint must contain at least the following::
- customer's first name,
- customer's location / residential address and postal address,
- precise definition of the subject of the complaint,
- name, address, telephone number, and email address of the person authorized to contact the client, if any.
Complaints will be considered within 14 days from the date of their receipt.
If the goods are defective, the customer is subject to the following requirements in accordance with Article 556 and Article 561 of the Civil Code::
- submission of an application for termination of the contract or reduction of the price of the goods, if the service provider does not immediately and without undue inconvenience to the buyer replace the goods without defects or eliminate the defect,
- the task of replacing the product without defects or eliminating the defect.
If the complaint is not considered, the product will be sent back together with an opinion on the groundlessness of the complaint.
If the customer discovers damage to the product during transportation, it is recommended that the customer draw up a report in the presence of a courier.
The Client has the opportunity to use non-judicial means of handling complaints and making claims, including, but not limited to: (i) requesting the Provincial Inspector of the Commercial Inspectorate to initiate mediation in an amicable dispute, (ii) requesting the Permanent Court of Consumer Arbitration, acting under the Provincial Inspector of the Commercial Inspectorate, to resolve the dispute. (iii) seek free legal assistance from a municipal or district consumer advocate or a public organization, what statutory tasks do consumer protection relate to? (m.in. Consumer Federation).
For more detailed information about out-of-court complaint handling and complaints, as well as rules for accessing procedures, please contact our offices and websites:
- municipal (municipal) consumer rights defenders;
- public organizations whose statutory tasks include consumer protection;
- Provincial Trade Inspection Office;
- to the following Internet addresses of the Competition and Consumer Protection Department::

– https://www.uokik.gov.pl/spory_konsumenckie.php;

– https://www.uokik.gov.pl/sprawy_indywidualne.php;

– https://www.uokik.gov.pl/wazne_adresy.php

A network of European consumer centers helps with cross-border disputes. The addresses of these institutions can be found on the website: federacja-konsumentow.org.pl.
The use of non-judicial means of handling complaints and making claims is voluntary and depends on the consent of both parties to the case.
In accordance with the provisions of Regulation (EC) No 524/2013 of the European Parliament and of the Council of 21.5.2013 on the online consumer dispute resolution system and amendments to Regulation (EC) No 2006/2004 and Directive 2009/22/EC (ODR Regulation on Consumer Disputes), a consumer entering into a remote contract has the right to use the European Platform for Dispute resolution in accordance with c means of electronic communication (ODR platform).
The ODR platform is designed to facilitate independent, impartial, transparent, efficient, fast and fair out-of-court settlement of disputes between consumers and entrepreneurs from all European Union countries regarding distance agreements.
Electronic link to the ODR platform: europa.eu/consumers/odr/
At the same time, we recommend that you contact the service provider directly-in writing at 12 Chodakowska str., 03-977 Warsaw, or by e-mail to: kontakt@foodanddesign.pl

TERMINATION OF THE AGREEMENT

A customer who is a consumer or a preferred entrepreneur has the right to terminate the purchase and sale agreement without giving reasons, under the conditions described below.
The term of termination of the contract for the purchase and sale of goods expires after 14 days from the date when the customer took possession of the goods.
In order to exercise their right to terminate the agreement, the client must submit an application for termination of the agreement to the service provider.
The client can use a sample opt-out form, which will be delivered to the client by email immediately after the order is approved. The Client may also complete and send the service provider a contract withdrawal form or any other unambiguous statement by e-mail to the following email address: kontakt@foodanddesign.pl. the service provider, after receiving the request for withdrawal from the Agreement, will immediately send the client a confirmation of receipt of information about the withdrawal from the agreement on a permanent medium (mail).
In case of termination of the contract, the customer must immediately send the goods to the address of the service provider (from kitchen Magdalena Malyutko-Kubisyak Tomasz Kostecki yavnaya company, 12 Chodakowska str., 03-977 Warsaw), no later than 14 days from the date when the customer informed the service provider of the termination of the contract.
The customer bears direct costs for the return of the product.
In the event of termination of the contract, the service provider will immediately reimburse the customer for all payments received, including the cost of returning the goods, with the exception of additional costs associated with the delivery method chosen by the customer, which differs from the cheapest conventional delivery method offered by the service provider. The payment will be refunded no later than within 14 days from the day when the service provider received the client's request to terminate the agreement.
The payment will be refunded to the client using the same payment methods that were used by the client at the conclusion of the transaction, unless the client has agreed to a different payment refund method.
The Client does not bear any fees related to the refund of the payment.
The service provider may refrain from returning the payment until the goods are received or until the confirmation of their shipment is delivered to the online store, depending on which event occurred earlier.

PERSONAL DATA PROTECTION

The controller of customer personal data within the meaning of article 4 (7) of 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 is the service provider.
Detailed provisions on the protection of personal data of customers are contained in the Privacy Policy, which is an integral part of the rules, available at: www.foodanddesign.pl/politykaprywatnosci/.

FINAL PROVISIONS

In matters not regulated by these Rules, the laws in force in the territory of the Republic of Poland, in particular the Civil Code and the Law of May 30, 2014 on consumer rights, apply.
The resolution of disputes arising between the service provider and the customer who is a consumer is subject to consideration in the competent courts in accordance with the provisions of generally recognized Polish legislation.
The settlement of disputes arising between the service provider and a non-consumer customer is subject to review in a competent court in connection with the location of the service provider.
The service provider has the right to unilaterally change the rules in the event of: (i) organizational or legal changes to the service provider, (ii) changes in the applicable legislation applicable to the portal, (iii) changes in the functionality of the portal or online store, provided that the changes in the rules are aimed at adapting the content of the rules to its functionality. The service provider notifies the client of each rule change in the form of a message sent to the email address specified by the service provider by the client. Customers will be bound by the new rules if they do not denounce them within 14 days of notification of the change in the rules. A change in the terms and conditions, to the extent that it applies to contracts concluded before the change in the terms and conditions, does not change their content and conditions.
The rules will come into force on October 6, 2022.

PORTAL RULES WWW.FOODANDDESIGN.PL

Definitions

Terms used in these Rules:

„Regulations"- means this document defining the rights and obligations of the service provider and customers.

„Food and Design project"- means the Food and Design portal published by a service provider that is available in the online store's offer, including in the form of seminars, trainings, and e-books and training materials sold through the online store.

„Portal"- a set of functions provided by the service provider at www.foodanddesign.pl owned by the service provider and allowing the customer to register a customer account and place orders for goods and services.

„Client"- means a portal user who places an order for goods and services through the portal and the online store.

„Online Store"- means the functionality of the site through which the service provider distributes goods and services located at www.foodanddesign.pl.

„Products and services"- means products and services offered by the service provider through the portal and online store, including seminars, trainings, e-books, customer account and newsletter.

„Registration"- the procedure specified in the rules, which is required for the client to use all the functionality of the portal and the online store.

„Newsletter"- means commercial information provided by the service provider through the portal, directly or indirectly intended to promote goods and services or the image of the service provider or other persons cooperating with the service provider.

„privacy policy"- The portal's Privacy Policy, available at www.foodanddesign.pl/politykaprywatnosci/ determining the scope and method of processing personal data of clients that are an integral part of these Terms and Conditions.

"Consumer" - means a natural person who performs a legal action that is not directly related to his economic or professional activities.

GENERAL PROVISIONS

The Regulations define the terms of operation of the portal and the online store, the rights and obligations of customers, as well as the rights, obligations and responsibilities of the service provider, as an entity that manages and manages the portal and online store.

From the moment of registering a Customer Account or placing an order for goods and services, each customer is obliged to familiarize himself with the content of these Terms and Conditions and can take further actions only after accepting all its provisions.

The provisions of the Regulation do not violate the rights of consumers in accordance with the Law of December 23, 1964 Civil Code (i.e. U. of 2020, paragraph 1740-further "Civil Code") and the Law of May 30, 2014 on consumer rights(i.e. of 2020, paragraph 287) ”

The service provider reserves the right to restrict access to selected products and services offered through the portal and online store only to adults. Information about the restriction will be posted each time on the portal or in the online store by the service provider.

The service provider takes measures to ensure the full functioning of the portal and online store to the extent that this is due to modern technical knowledge, and undertakes to eliminate any violations reported by customers within a reasonable time.

Clients can access the rules at any time at: www.foodanddesign.pl/regulamin/ Terms and conditions can be delivered to the client in electronic form (to the email address specified in the client's account) for each request, without additional payment.

To register a Customer Account, place an order in an online store, and use some of the services available on the portal (such as a newsletter), the customer must have an active email account.

Use of the portal and online store is possible if the ICT system used by the client meets the following minimum technical requirements::

Safari version 10.1 or later or

Mozilla Firefox version 6.1 or later with support for Java, JavaScript, and Cookies, or

Google Chrome version 6.8 or later with support for Java, JavaScript, and Cookies, or

Edge version 1.5 or later.

REGISTER ON THE PORTAL AND IN THE ONLINE STORE

To create a customer account, the Customer must register for free, and registration can be made both within the portal and in the online store, when placing an order.

When registering on the portal, the client provides only the following data: first name, last name, email address. The client can also place orders from the client's account registered on the portal, adding data necessary for its execution to the client's account.

When filling out the registration form, the client must follow the following rules::

fill in all fields of the registration form, if the field is not optional;

the information entered in the registration form must relate to the client and be true;

The Client must read and confirm that they have read the terms and conditions and privacy Policy by entering the appropriate field in the registration form. Acceptance of the terms and conditions and privacy policy is required for registration and creation of a customer account;

The Client must consent to the processing of their personal data on the terms, to the extent and for the purposes detailed in the Privacy Policy. Consent to the processing of personal data is voluntary, but it is necessary to register and create a customer account;

TERMS OF USE OF THE ONLINE STORE AND ORDER PLACEMENT PROCEDURE

Orders placed in the online store are executed by the service provider.

When placing an order, the client:

it declares that it has read the content and accepts the terms and conditions and Privacy Policy;

it declares that the personal data it provided when placing the order is true;

the user may consent to receiving the mailing list from the service provider in electronic form.

Placing an order in the online store will be automatically confirmed by the system in electronic form, to the email address specified by the client when placing the order.

All prices listed in the online store are gross values expressed in Polish zlotys and include VAT.

The service provider reserves the right to refuse to fulfill the order if the specified price of the product is incorrect due to incorrect operation of the ICT system.

Products may be limited in quantity. Orders that include such items are completed in the order in which confirmed orders for these items are received until inventory runs out.

If the ordered goods are in stock, payment is made within 5 business days from the date of payment confirmation.

The order completion time may increase due to the lack of goods in stock at the time of placing the order and the need for delivery.

If the order is extended, the customer will be informed by phone or email.

The service provider reserves the right to refuse to execute the order if the data provided by the customer is inaccurate and prevents the order from being executed, in particular, prevents the correct delivery of the parcel.

Ordered goods are delivered via Polish post or courier companies.

The delivery cost of the product is added to the product price.

The online store allows you to make payments only in the form of prepayment.

After selecting an electronic payment as the payment method, the client will be redirected to the Dotpay payment form, and the payment can be made after the client has previously accepted the terms of this payment form provided by Dotpay.pl as a settlement agent.

The product is sent and delivered only on business days from Monday to Friday.

The number of products offered in the online store varies and is subject to constant updates.

COMPLAINT FORM

Any product purchased in an online store is subject to a complaint in compliance with the terms and conditions established by law, provided that it has defects that determine its non-compliance with the concluded contract.

The complaint must contain at least the following::

customer's first name,

customer's location / residential address and postal address,

precise definition of the subject of the complaint,

name, address, telephone number, and email address of the person authorized to contact the client, if any.

Complaints will be considered within 14 days from the date of their receipt.

If the goods are defective, the customer is subject to the following requirements in accordance with Article 556 and Article 561 of the Civil Code::

submission of an application for termination of the contract or reduction of the price of the goods, if the service provider does not immediately and without undue inconvenience to the buyer replace the goods without defects or eliminate the defect,

the task of replacing the product without defects or eliminating the defect.

If the complaint is not considered, the product will be sent back together with an opinion on the groundlessness of the complaint.

If the customer discovers damage to the product during transportation, it is recommended that the customer draw up a report in the presence of a courier.

For more detailed information about out-of-court complaint handling and complaints, as well as rules for accessing procedures, please contact our offices and websites:

municipal (municipal) consumer rights defenders;

public organizations whose statutory tasks include consumer protection;

Provincial Trade Inspection Office;

to the following Internet addresses of the Competition and Consumer Protection Department::

– https://www.uokik.gov.pl/spory_konsumenckie.php;

– https://www.uokik.gov.pl/sprawy_indywidualne.php;

– https://www.uokik.gov.pl/wazne_adresy.php

A network of European consumer centers helps with cross-border disputes. The addresses of these institutions can be found on the website: federacja-konsumentow.org.pl.

The use of non-judicial means of handling complaints and making claims is voluntary and depends on the consent of both parties to the case.

The ODR platform is designed to facilitate independent, impartial, transparent, efficient, fast and fair out-of-court settlement of disputes between consumers and entrepreneurs from all European Union countries regarding distance agreements.

Electronic link to the ODR platform: europa.eu/consumers/odr/