ONLINE STORE REGULATIONS „WWW.AGIOMILANO.COM’’

Definitions:

1. Seller – AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw, address: Wielicka 36C/91, 02-657 Warsaw, tel/fax.: 22 521 52 73, e-mail: sklep@agioltd.com, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw. Warsaw in Warsaw, 13th Commercial Division, under the KRS number 000331555, REGON 141900409, NIP 5213530641, with the share capital of PLN 5,000, and bank account number 14 1050 1025 1000 0023 4171 4570.
2. Customer – a natural person who is at least 13 years of age, and if such person is not 18 years of age, the consent of his/her legal representative is required, unless he/she has full legal capacity, as well as a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity and who places or intends to place an order or uses other services of the Online Store (including a Consumer within the meaning of art. 221 of the Act of 23 April 1964, Civil Code, Journal of Laws, No. 16, item 93, as amended).
3. Online Store or Agio Milano Online Store or Store – an online service available at www.agiomilano.com, through which the Customer may purchase Goods from the Seller.
4. Goods – movable items presented in the Online Store, which may be the subject of a sales contract.
5. Registration Form – a service available on the Store’s website, through which the Customer, by providing their personal data, creates a user account, through which they can purchase Goods in the Store.
6. Order Form – a service available on the Store’s website, by means of which a Customer who does not have a user account can purchase Goods in the Store.
7. Regulations – these regulations of the Online Store.
8. General Provisions
9. The Agio Milano online store is run by the Seller.
10. These Regulations define the rules for concluding contracts for the sale of Goods between the Seller and Customers, using means of distance communication and for the use of the Online Store by Customers.
11. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).
12. To use the services available in the Online Store, it is necessary to have a computer system that allows the use of Internet resources, an e-mail box and an Internet browser that allows the display of WWW pages. It is recommended to use one of the following browsers, with the “cookies” option enabled (cookie support):
13. a) Mozilla Firefox from version 45.0.2,
14. b) Internet Explorer from version 10.0;
15. c) Opera in version 12.0 and 36,
16. d) Google Chrome from version 49
17. The following services are available in the Online Store: Account and Registration Form, Order Form and Newsletter.
18. Account – the Account can be used after completing two consecutive steps – (1) filling out the Registration Form and (2) clicking the “Create an account” field. The following Customer data must be provided in the Registration Form: first and last name/company name, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers within the meaning of Art. 221 of the Act of 23 April 1964, Civil Code, Journal of Laws, No. 16, item 93, as amended), it is also necessary to provide the company name and Tax Identification Number.
19. Order Form – the use of the Order Form begins when the first Product is added to the electronic basket in the Online Store. The Order is placed after filling out the Order Form and clicking the “Order with an obligation to pay” field – until then, it is possible to modify the entered data yourself (for this purpose, follow the displayed messages and information available on the Online Store website). The following data must be provided in the Order Form: company name/name and surname, address (street, house/apartment number, postal code, town, province, country), e-mail address, contact telephone number, Product(s), quantity of Product(s), place and method of delivery, method of payment. In the case of Customers who are not consumers within the meaning of art. 221 of the Act of 23 April 1964, Civil Code, Journal of Laws, No. 16, item 93, as amended), it is also necessary to provide the company name and Tax Identification Number.
20. Newsletter – the use of the Newsletter takes place after entering the e-mail address in the “Newsletter” tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the “Subscribe” field. You can also sign up for the Newsletter by checking the appropriate “checkbox” when creating an Account – upon creating an Account, the Customer is signed up for the Newsletter.
21. The use of electronic services by the Customer is free of charge.
22. The Account and Newsletter services in the Online Store are provided for an indefinite period.
23. The use of the Order Form is a one-time use and ends at the moment of placing an Order using it.
24. The condition for the successful placing of an order is the correct completion of the form by the Customer, as well as the indication of the telephone number or e-mail address, under which the Seller will be able to contact the Customer.
25. Using the Online Store Services
26. The condition for using the Online Store services is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.
27. Availability in the warehouse is provided for each offered Product. In the event of the lack of availability of the Product in the warehouse, the Customer will be informed immediately, but within a period not longer than two business days, about the impossibility of fulfilling the order. The Customer will also have the option of changing the order to available Product. In the event that the order cannot be fulfilled and payment for the product is made by bank transfer, the refund to the buyer will take place immediately, no later than within 7 days.

III. Registration and conditions for placing Orders

1. Orders for Goods available in the Online Store are placed via the Order Form located on the Store’s website.
2. Placing an order via the Order Form is possible 24 hours a day, every day of the week. Orders placed on weekdays after 1:00 p.m., on Saturdays, Sundays and holidays will be fulfilled no earlier than the next business day. Parcels to Customers are sent on weekdays by 1:00 p.m.
3. If the Customer registers in the Online Store, the order is placed by logging in to the Store website, adding the Goods to the basket and confirming the Order for the Goods by selecting the button “I order with an obligation to pay”. If the Customer does not register in the Online Store, the condition for placing the order is adding the Goods to the basket, then confirming the Order for the Goods by selecting the button “I order with an obligation to pay” and filling in all the required data necessary to complete the Order in the Order Form in accordance with the procedure posted on the Store website.
4. In the Order, the Customer may additionally indicate the data required for issuing a VAT invoice, if he/she requests the issuance of a VAT invoice.
5. Placing photos of the Goods on the Store’s website does not constitute an offer within the meaning of the Civil Code.

IV. Making payments. Prices.

1. All prices of the Goods posted on the Store’s website:
   a) are given in Polish zloty and euro,
   b) are gross prices, including VAT,
   c) do not include delivery costs, which are indicated separately.
2. The Customer has the right to choose the method of payment for the ordered Goods:
   a) in cash, to a person acting on behalf of the carrier, to whom the Seller entrusted the delivery of the ordered Goods (cash on delivery);
   b) by traditional bank transfer or via Przelewy24 payments before delivery. If the Customer chooses the payment method in the form of prepayment by traditional bank transfer, failure to receive payment to the Seller’s bank account within 5 days from submitting the confirmation of acceptance of the order for execution will result in the cancellation of the order. If the Przelewy24 payment method is selected, failure to receive payment to the Seller’s bank account within 2 days from submitting the confirmation of acceptance of the order for execution will result in the cancellation of the order.

Payments via bank transfer should be made to the Seller’s bank account:

Account owner: AGIO Sp. z o.o.

ING Bank Śląski SA

Account number: 14 105010251000002341714570

c) electronic bank transfer – making payments via PayPro S.A. with its registered office in Poznań, ul. Kanclerska 15, 60-327 Poznań, which is the Przelewy24 payment operator and the Seller’s settlement partner. After selecting this payment option after placing an order, the buyer is redirected to the external Przelewy24 system and follows the instructions contained therein. The payment card operator is PayPro SA Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.

3. The Seller reserves the right to change the prices of the Goods, conduct and cancel promotional campaigns and sales or introduce changes to them. The above authorization does not affect the prices of the Goods in orders placed before the date of entry into force of the price change, terms of promotional campaigns or sales.

4. Promotions in the Online Store cannot be combined, unless the promotion regulations provide otherwise.

V. Order fulfillment

1. When the Customer places an Order, a sales contract for the Goods is concluded. After placing the Order, the Customer receives an e-mail with a summary of the Order and information about registering the Order in the Store and other information required by law.
2. After the Customer receives confirmation of acceptance of the offer, the order fulfillment process by the Seller begins.
3. The approximate order completion time is 3 business days and depends, among other things, on:
   a) the payment method chosen by the Customer – if the “prepayment” option is selected, the execution of the order begins after the payment for the Goods and delivery is credited to the Seller’s bank account. The goods are shipped within 3 business days after receiving the payment for the order. If the “cash on delivery” option is selected, the goods are shipped within 3 business days from the moment the Seller receives the order in the online store panel.4. The cost of shipping the Goods is borne by the Customer and is added to the price for the selected Goods. This cost is indicated to the Customer before he places an order. The amount of this cost may depend on the delivery method chosen by the Customer (e.g. courier) and the payment method chosen by the Customer (e.g. cash on delivery).
   5. The products are delivered to the indicated address in the Republic of Poland via a transport company. The estimated delivery time of the Goods by the carrier is 1 business day from the day following the shipment.
   6. The goods from the Order are delivered to the Customer together with documents confirming the conclusion of the sales contract, i.e.:
   a) a fiscal receipt or a VAT invoice, if the Customer requested its issuance when placing the Order and provided the necessary data for its issuance, and
   b) information referred to in Art. 12(1) of the Act of May 30, 2014 on consumer rights (Journal of Laws, item 827).
   7. The content of sales contracts concluded in the Store is stored by the Store’s IT system for a period of at least 3 months from the date of conclusion of each contract, and the content of these contracts is made available only to the parties to the contract or at the request of authorized public authorities in accordance with the law. Each Customer who has completed the registration procedure has – after logging in – access to all their sales contracts concluded in the Store for the period of their storage in the IT system referred to above.
   8. The Seller undertakes to deliver Goods without defects.
   9. It is recommended that the Customer, when receiving the shipment of Goods, check its condition.VI. Right to withdraw from the contract (applies only to Customers who are consumers within the meaning of art. 221 of the Act of 23 April 1964, Civil Code, Journal of Laws, No. 16, item 93, as amended)

   1. In accordance with the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws, item 827), in the case of distance contracts, within 14 days of receiving the ordered Goods, the Customer has the right to withdraw from the contract without giving a reason and without incurring costs (subject to the provisions below) and return the Goods to the Seller.
   2. The Customer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the Seller. The Customer may submit a declaration of withdrawal from the contract on a form, the template of which is an appendix to these Regulations. The Customer should send the declaration of withdrawal from the contract, together with the returned Goods, to the Seller’s address, i.e. AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Wielicka 36C/91, 02-657 WARSAW.
   3. The 14-day period indicated above is counted from the day on which the Goods were issued to the Customer by the carrier. To meet the deadline, it is sufficient for the Customer to send the declaration before its expiry.
   4. In the event of withdrawal from the distance sale agreement for Goods, the agreement is considered not to have been concluded.
   5. The Seller shall immediately, no later than within 14 days from the date of receipt of the Customer’s declaration of withdrawal from the agreement, return to the Customer all payments made by him/her.
   6. The Goods returned by the Customer should be packed in an appropriate manner, ensuring no damage during transport. The Goods should be packed in the original packaging. The Goods should be returned with complete equipment and accessories and documents issued at the time of its sale (e.g. labels, instructions for use) and, if possible, with proof of sale (receipt or invoice) to the address given above, i.e.: AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, UL. Wielicka 36C/91, 02-657 WARSAW.
   7. The direct costs of returning the Goods shall be borne by the Customer. The Seller shall bear the costs of returning the Goods only in the event of prior consent by the Seller to bear other than the direct costs of returning the Goods.
   8. The consumer shall not have the right to withdraw from the contract in the cases specified in detail in art. 38 sec. 1 of the Act of 30 May 2014 on consumer rights, including in relation to contracts:
   a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after the entrepreneur has performed the service, he will lose the right to withdraw from the contract;
   b) in which the subject of the provision is a non-prefabricated item, manufactured according to the consumer’s specifications or intended to meet his individual needs;
   c) in which the subject of the provision is items that, due to their nature, are inseparably connected with other items after delivery.
   d) in which the subject of the provision is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery. This type of product includes hygiene products, including face masks.
   9. In the event that the Customer exercises the right to withdraw from the contract for the sale of Goods after submitting a request for the Seller to start providing the service before the deadline for withdrawal from the contract expires, the Customer will be obliged to pay for the services provided up to the time of withdrawal from the contract.
   10. The Seller shall return to the Customer the amount due for the Goods returned by the Customer within 14 days from the date of delivery to the Seller of the declaration of withdrawal from the contract for the sale of Goods. The Seller may withhold the return of payments received from the Customer until the Seller receives the returned Goods or the Customer provides proof of sending back the returned Goods.

VII. Liability for defects in the Goods. Complaints.

1. The Seller, as a seller, is liable to the Customer who is a consumer within the meaning of art. 221 of the Act of 23 April 1964, Civil Code, Journal of Laws, No. 16, item 93, as amended) for defects (legal and physical) of the Goods purchased by this Customer, to the extent specified by the Civil Code, Journal of Laws, 1964, No. 16, item 93, as amended (art. 556 of the Civil Code and further)
2. In the event of finding defects, including a defect consisting in the non-conformity of the Goods with the contract (physical defect), the Customer has the right to file a complaint. The complained Goods together with a written notification and proof of purchase in the online store should be sent to the Seller, i.e. AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Wielicka 36C/91, 02-657 WARSAW. The notification should specify the defect that the buyer believes the goods have, the demands towards the seller and, if possible, document the material defect.
3. The Seller undertakes to respond in writing to the Customer’s complaint within 14 days of receiving the Customer’s statement of complaint. If the Seller does not respond within the aforementioned period, it is considered that the complaint has been accepted.
4. If the Seller considers the complaint justified – the Seller undertakes to repair or replace the complained goods within 14 days of the date of accepting the complaint. The costs of replacement, repair costs and shipping costs related to the complaint are borne by the Seller.
5. The Seller informs the Customer about the possibility of using out-of-court methods of dealing with complaints about the Goods, including by submitting by the Customer, after the complaint procedure, an application to initiate mediation or an application to have the case considered by an arbitration court (the application can be downloaded from the website https://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodship Inspectorates of the Trade Inspection is available on the website: https://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court claims settlement after the complaint procedure is free of charge.

VIII. Personal data

In connection with the change of the regulations on the protection of personal data and the commencement of application from 25 May 2018 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 (General Data Protection Regulation) “GDPR”, we inform that:

1. The administrator of personal data [w1] collected via the Online Store is the company AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (registered office address and correspondence address: ul. Wielicka 36C/91, 02-657 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000331555; registry court where the company documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; share capital in the amount of: PLN 5,000.00; NIP: 5213530641; REGON: 141900409; e-mail address: sklep@agioltd.com
2. The Seller processes personal data for the purposes of:

(1) selling products offered by the Company and taking action before concluding a sales agreement – ​​the legal basis for data processing is the performance of the agreement (Article 6, paragraph 1, letter b of the GDPR),

(2) direct marketing – the legal basis for data processing is the legitimate interest of the administrator (Article 6, paragraph 1, letter f of the GDPR),

(3) considering complaints, pursuing and defending in the event of mutual claims – the legal basis for data processing is the legitimate interest of the Company – (Article 6, paragraph 1, letter f of the GDPR),

(4) sending commercial information by electronic means – only if the User expresses consent. The legal basis for data processing is consent (Article 6, paragraph 1, letter a of the GDPR), Article 10, paragraph 2 of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2020, item 344),

3. Providing personal data is voluntary, but necessary in order to conclude an agreement with the Seller.
4. Personal data will be processed for the period necessary to perform the agreement, and after this period for the purposes and for the time and to the extent required by law or to secure any claims, or until the consent granted is withdrawn.
5. The recipients of personal data will be:

(1) entities providing and supporting the Seller’s IT systems for the purpose of operating websites and entities providing services related to the Seller’s current activities,

(2) entities providing product delivery services,

– under relevant personal data processing entrustment agreements.

6. Each person, to the extent resulting from the provisions of law, has the right to access their data and to rectify, delete or limit their processing, the right to object to processing, the right to transfer data, and the right to withdraw the granted consent at any time. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.
7. In the event of any doubts related to the processing of personal data, each person may contact the Seller with a request for information. Regardless of the above, everyone has the right to lodge a complaint with the supervisory authority.
8. Detailed provisions regarding the protection of personal data can be found on the Store’s website dedicated to the privacy policy.
9. Contact details

In all matters related to making transactions in the Store, the Customer may contact the Seller in the following manner:

a) by mail at the following address: Agio Sp. z o.o. ul. Wielicka 36C/91 02-657 Warsaw
b) by phone at the following number: 508 922 705
c) by e-mail: sklep@agioltd.com

IX Final provisions

1. The Customer may cancel the order.
2. The Customer may cancel the order by contacting the following number: 508 922 705 or 508 628 607 or by e-mail: sklep@agioltd.com
3. The Seller reserves the right to change these Regulations at any time. Changes to the Regulations are binding on the Customer from the moment of their acceptance (by downloading before concluding the agreement). Changes to the Regulations do not apply to orders placed before such change, the order is then fulfilled based on the provisions of the Regulations in force at the time the Customer places the order.
4. In all matters not regulated in these Regulations, the provisions of the Act of 30 May 2014 on consumer rights shall apply. The provisions of these Regulations do not violate consumer rights due to the non-conformity of the goods with the contract. The provisions of the Regulations should be interpreted in a manner ensuring their compliance with applicable legal regulations.

Attachments:

Attachment 1. Information on exercising the right to withdraw from the contract.

TEMPLATE INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT

Right to withdraw from the contract/exchange

You have the right to withdraw from this contract or exchange the goods within 14 days without giving any reason.

The deadline for withdrawal from the contract/exchange of goods expires after 14 days from the day on which you came into possession of the goods or on which a third party other than the carrier and indicated by you came into possession of the goods.

In order to exercise the right to withdraw from the contract/exchange of goods, you must inform the Agio Milano Online Store of your decision to withdraw from this contract by means of an unequivocal statement via a letter sent by post to the following address: AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Wielicka 36C/91, 02-657 Warsaw.

You can use the model withdrawal form/exchange of goods, but this is not obligatory. You can also fill in and send the withdrawal form or any other clear statement electronically to the email address sklep@agioltd.com. If you use this option, we will immediately send you confirmation of receipt of the information about withdrawal from the contract on a durable medium (e.g. by email).

In order to meet the deadline for withdrawal from the contract/exchange of goods, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the deadline for withdrawal from the contract expires.

Effects of withdrawal from the contract/exchange of goods

In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the goods (with the exception of additional costs resulting from your choice of a method of delivery other than the cheapest standard delivery method offered by us), immediately and in any case no later than 14 days from the day on which we received the returned goods from you. We will make the refund using the same payment methods that you used in the original transaction, unless you have expressly agreed to a different solution; in any case, you will not incur any additional fees in connection with this refund.

The customer is charged the shipping fee for the returned products, except in the event that the error was on the Seller’s side. In the event that the error was on the Seller’s side, please contact us in advance at the following address: sklep@agioltd.com

Products may be exchanged within 14 days of the date the customer receives the order. The customer is charged for shipping the exchanged products, except for situations where the error is on the Seller’s side. The Seller undertakes to exchange the goods no later than 14 days from the date of receipt of the goods from the customer. The Seller bears the costs of shipping the exchanged goods to the customer.

Appendix 2. Sample withdrawal form.

(this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee:

AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw,

address: ul. Wielicka 36C/91, 02-657 Warsaw, tel/fax.: 508 922 705, e-mail: sklep@agioltd.com

– I ……………………………………………………………………………………………….hereby inform/inform(*) about my/our withdrawal from the contract of sale of the following items(*) contract of delivery of the following items(*) …………………………………………………………………………

-Order number

– Date of collection ………………………………………………………………………………………………………

– Name and surname of the consumer(s) …………………………………………………………………………..

– Address of the consumer(s) ………………………………………………………………………………………..

– Bank account number

…………………………………………………………………………………………..

– Signature of the consumer(s) (only if the form is sent in paper form)

– Date ………………………………………………………………………………………………………………….

(*) Cross out where not applicable