Terms and conditions
- For the purposes of these Terms and Conditions, the following definitions have been adopted:
- DrNuts - DRNUTS Sp. z o. o. with its registered office in Lublin, Makowa Street 6 b, 20-442 Lublin, registration files kept at the District Court Lublin-East in Lublin with its registered office in Świdnik, VI Commercial Division, KRS number 0000816796, NIP 9462693717, REGON 384985768,
- Customer - a natural person, legal person or organizational unit without legal personality, which the law grants legal capacity, which concludes or intends to conclude with DrNuts a contract for the sale of the Product or Products available in the Online Store,
- Consumer - a natural person making a legal transaction with DrNuts not directly related to its business or professional activity,
- Entrepreneur-Consumer - a natural person running a sole proprietorship, performing a legal transaction with DrNuts directly related to its business activity, when the content of this legal transaction shows that it is not of a professional nature, resulting in particular from the subject of its business activity , made available in the Central Register of Economic Activity (CEIDG),
- Website - a website available at smartfoodies.com,
- Online Store - part of the Website that allows the conclusion of distance sales contracts between the Customer and DrNuts for Products available in the Online Store,
- Product - a product offered for sale in the Online Store,
- Product Card - a place in the Online Store, which presents information about the Product, containing the functionality that allows adding a Product to the Basket.
- Basket - functionality of the Online Store, enabling the Customer to determine and modify data related to the concluded contract, such as the quantity and type of Products.
- Payment/Cash - functionality of the Online Store, enabling the Customer to determine and modify data related to the concluded contract, such as delivery address, contact details of the Customer, method of delivery, method of payment,
- Newsletter - a service in the form of sending e-mail messages containing ordered commercial information, sent by DrNuts to Customers who have agreed to receive such messages.
- The entity operating the Website is DrNuts, which provides via the Website, among others the following services:
- enabling the conclusion of distance sales contracts for Products available in the Online Store,
- providing Customers with information about the Products,
- sending the Newsletter.
- In order to use the Website, it is not necessary to meet specific technical conditions by a computer or other Customer's device, it is sufficient to use appropriate devices enabling Internet connectivity (such as a computer, telephone), a standard operating system and the current version of a standard web browser. To use some functions of the Website, it is necessary to support the SSL secure data transmission protocol and have Java Script and cookies enabled, or possibly Flash support.
- To use the functionalities of the Website related to the sending of the Newsletter, as well as to order Products, it is necessary to have an active e-mail address.
- It is forbidden to:
- using the Website in a way that interferes with its functioning,
- taking any actions aimed at interfering with the software of the Website,
- sending or posting unsolicited commercial information on the Website,
- undertaking IT or other activities aimed at obtaining information not intended for the Customer,
- providing unlawful content, i.e. violating applicable law, principles of social coexistence or personal rights of third parties.
- Information about the Products presented in the Online Store does not constitute an offer within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a sales contract.
- Customers may place orders in the Online Store 24 (twenty-four) hours a day, 7 (seven) days a week. Contact with DrNuts (by phone and e-mail) takes place on business days (Monday to Friday, excluding public holidays) from 8:00-16:00.
- The order is transferred for execution only after confirming the order and providing all necessary data. Placing a Product in the Basket is not tantamount to placing an order.
- After placing the order, the Customer will receive an e-mail confirming the order and a list of ordered Products. DrNuts will confirm the acceptance of the order for execution by sending an email to the Customer. Receipt of an e-mail confirming the acceptance of the order for execution means DrNuts accepting the Customer's offer and concluding a distance sale agreement for a specific Product or Products.
- The contract concluded between the Customer and DrNuts is recorded and made available by sending by DrNuts to the Customer the e-mail message referred to above, summarizing the transaction data and confirming the conclusion of the distance contract on a durable medium. The provisions of the contract concluded between the parties to the extent that they are determined on the basis of the Terms and Conditions are recorded and made available by posting the Terms and Conditions on the Website.
- In the event of unavailability of some of the Products covered by the order, the Customer is immediately informed. The Customer decides whether the order is to be carried out partially, in full after completing the entire order or canceled. If the package is to be divided, DrNuts reserves the right to add an additional fee according to the price list for shipping the second part of the order.
- Information about shortages or extended delivery time will be provided to the Customer immediately.
- The order completion period will be indicated in the Basket tab, after adding Products to the Basket and is counted from the moment DrNuts confirms the order and provides all the necessary data for its implementation (excluding Saturdays, Sundays and holidays). The order fulfillment period will be confirmed in an email summarizing the transaction data and confirming the conclusion of the distance contract on a durable medium.
- In the absence of payment for the Product or Products covered by the order within 14 days from the date of placing the order, DrNuts may cancel the order placed by the Customer.
- The prices on the Product Card are valid only when sold via the Online Store.
- The gross price of the Product is presented on the Product Card.
- The Website includes functionality that allows you to add opinions about Products. Dr. Nuts does not verify that published opinions come from Consumers who have used or purchased a Product.
- The Customer placing an order in the Online Store agrees to send the sales document only in the form of an e-invoice to the e-mail address provided during registration.
- In order for the Customer to place an order in the Online Store, it is necessary for the Customer to accept these Terms and Conditions.
- At the time of placing an order in the Online Store, the Customer is not technically able to make changes to the order or cancel it. If necessary, it is necessary to contact the Online Store by e-mail.
- Orders placed by Consumers and Entrepreneurs-Consumers - unless they concerned prefabricated products or products made to individual order - may be canceled before their implementation. For this purpose, the Consumer or Consumer Entrepreneur should send a request to cancel the order to the email address email@example.com.
- Orders placed by Customers who are entrepreneurs within the meaning of the Act of March 6, 2018 Entrepreneurs' Law (Journal of Laws of 2018, item 646, as amended), other than the Entrepreneur-Consumer, cannot be canceled after their submission.
- The Online Store offers the option of electronic payment via the Stripe platform.
- Payments must be made within 3 days from the date of conclusion of the contract. The condition for sending a shipment with the Product is payment authorization by the Stripe platform.
- DrNuts does not charge Customers for using a specific payment method.
- Products ordered in the Online Store are delivered via a courier company.
- When adding Products with non-standard dimensions or weight to the Basket, the Customer will be informed about the need to individually evaluate the cost of transport. In such a situation, the system will automatically send a request to the Online Store service to determine the shipping cost. After estimating the cost of transport, the Customer will receive an e-mail with a link to his order in the online store, where the value of the transport service will be located. By placing an order via the website, the Customer accepts the delivery costs. Transport costs are added to the sales document as the item "Transport service".
- Delivery time includes:
- the time of order processing by the Online Store service,
- in the case of Products available "on request" - the waiting time for the order to be fulfilled by the manufacturer - the Customer will be informed about this time by the Online Store service,
- picking goods in the warehouse, issuing a sales document, packing the package,
- delivery time by the courier company.
- In the case of unavailable Products, the provided date of planned availability may change.
- At the time of sending the package from the warehouse, the Customer receives information from the courier company by e-mail with the tracking number from the courier company.
- When collecting the shipment, it is recommended that the Customer, in the presence of the courier, open the package and check whether its contents match the order and whether the products are not damaged. According to Art. 545 § 2 of the Act of 23 April 1964, the Civil Code, in the event of sending a Product sold to its destination via a carrier, the Customer is obliged to examine the shipment in time and in the manner accepted for such shipments; if he found that the Product was lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier. According to Art. 74 of the Act of November 15, 1984, Transport Law, if, prior to the delivery of the consignment, it turns out that it has suffered a loss or damage, the carrier shall immediately establish the condition of the consignment and the circumstances of the damage in a report. The carrier also performs these activities at the request of the customer, if he claims that the shipment is damaged. Protocol arrangements should be made in the presence of the Customer, and if it is not possible to call him or he fails to report within the prescribed period, the carrier shall make arrangements in the presence of persons invited by him to this activity. If, after the delivery of the shipment, a loss or damage that cannot be noticed from the outside upon receipt is revealed, the carrier shall determine the condition of the shipment at the Customer's request reported immediately after the discovery of the damage, but not later than within 7 days from the date of receipt of the shipment. The protocol is signed by persons participating in determining the condition of the shipment. If the Customer does not agree with the content of the protocol, he may include a reservation with justification in it; in the event of refusal to sign the report by the customer, the carrier states in it the fact and reasons for the refusal. The client receives a copy of the protocol free of charge. If the protocol findings, undertaken at the Customer's request, do not show damage to the shipment or only show damage previously found by the carrier, the Customer shall bear the fees specified in the tariff
- In the event of damage to the shipment, writing down the report in the presence of the courier (an appropriate complaint form should be carried by an employee of the courier company) will be the basis for considering the complaint. In such a situation, please also immediately contact the Online Store service.
- The price list of transport costs in Poland and abroad can be found in the "Terms and costs of delivery" tab.
Withdrawal from the contract
- The Customer who is a Consumer or an Entrepreneur-Consumer has the right to withdraw from the Product sales contract concluded remotely within 14 days without giving any reason.
- The deadline to withdraw from the contract expires after 14 days from the day on which the Customer took possession of the Product or on which a third party other than the carrier and indicated by the Customer took possession of the Product.
- In order to exercise the right to withdraw from the contract, the Customer must inform DrNuts about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or e-mail) addressed to the address Makowa Street 6 b, 20-442 Lublin or to the e-mail address firstname.lastname@example.org.
- In the case of submitting a statement of withdrawal via e-mail, the Customer may include the statement directly in the content of the message or as an attachment to it.
- In order to meet the withdrawal deadline, it is enough for the Customer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
- In the event of withdrawal from the contract, DrNuts returns to the Customer all payments received from him, including the costs of delivering the Product, immediately, and in any case not later than 14 days from the date on which DrNuts was informed about the Customer's decision to exercise the right to withdraw from this contract. DrNuts will refund the payment to the bank account indicated by the Customer. DrNuts may withhold the reimbursement until receipt of the Product or until the Customer provides DrNuts with proof of its return, whichever occurs first.
- The Customer returns the Product to the address Makowa Street 6 b, 20-442 Lublin, immediately, and in any case not later than 14 days from the date on which the Customer informed DrNuts about withdrawal from the contract. The deadline is met if the Customer sends back the Product before the expiry of the 14-day period.
- The cost of returning the Product is borne by the Customer.
- The Customer is only liable for a decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
- The Consumer/Entrepreneur's right to withdraw from the contract does not apply if the subject of the sale is a non-prefabricated Product, manufactured according to the Customer's specifications or serving to satisfy his individual needs.
Warranty for defects
- DrNuts is obliged to provide the Customer with Products without defects.
- In the event of any problems with the order, including in order to use the warranty, the customer has the right to submit a complaint. In the complaint, the Customer indicates its reason and the Customer's request related to it.
- The complaint should be submitted to the address [...] or by e-mail to the address [...].
- After the initial consideration of the complaint, DrNuts will contact the Customer and inform the Customer about further actions related to the complaint. Within 14 days from the date of receipt of the complaint request, containing all the necessary information, DrNuts will take a substantive approach to its content (recognize or refuse to accept the complaint).
- If it is necessary to collect the Product from the Customer in order to consider the complaint, it will be collected from the Customer at the expense of DrNuts by a courier company ordered by DrNuts.
- DrNuts is liable to the Customer for defects in the Products on the basis of applicable law, including the warranty regulated in the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended). Selected provisions of the Act on warranty are presented below for information purposes:
- If the goods are inconsistent with the contract, the consumer may demand that they be repaired or replaced.
- The entrepreneur (DrNuts) may make a replacement when the consumer demands repair, or the entrepreneur may make a repair when the consumer demands replacement, if bringing the goods into conformity in the manner chosen by the consumer is impossible or would require excessive costs for the entrepreneur. If repair and replacement are impossible or would require excessive costs for the entrepreneur, he may refuse to bring the goods into conformity with the contract.
- The entrepreneur is liable for the lack of conformity of the goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the goods determined by the entrepreneur, his legal predecessors or persons acting on their behalf is longer. The lack of conformity of the goods with the contract, which became apparent within two years from the moment of delivery of the goods, shall be presumed to have existed at the time of their delivery, unless proven otherwise or the presumption cannot be reconciled with the nature of the goods or the nature of the lack of conformity of the goods with the contract.
- The entrepreneur shall make the repair or replacement within a reasonable time from the moment the entrepreneur was informed by the consumer of the lack of conformity and without undue inconvenience to the consumer, taking into account the nature of the good and the purpose for which the consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the entrepreneur.
- The consumer makes the goods subject to repair or replacement available to the entrepreneur. The entrepreneur collects the goods from the consumer at his own expense.
- If the goods are inconsistent with the contract, the consumer may submit a statement of price reduction or withdrawal from the contract when:
1) the entrepreneur refused to bring the goods into compliance with the contract,
2) the entrepreneur did not bring the goods into compliance with the contract,
3) the lack of conformity of the goods with the contract persists even though the trader has tried to bring the goods into conformity with the contract;
4) the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of protection measures,
5) it is clear from the trader's declaration or circumstances that he will not bring the goods into conformity within a reasonable time or without undue inconvenience to the consumer.
- The reduced price must be in such proportion to the price resulting from the contract, in which the value of the non-conforming goods remains to the value of the goods in accordance with the contract.
- The use of extrajudicial means of dealing with complaints and pursuing claims is voluntary. Detailed information on the possibility for the Customer to use such methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, can be found on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). Information on this subject may also be available at the headquarters and on the websites of the Voivodship Inspectorates of the Trade Inspection, poviat (municipal) consumer ombudsmen, as well as social organizations whose statutory tasks include consumer protection.
- DrNuts informs that at https://ec.europa.eu/consumers/odr there is a platform for an online system for settling disputes between consumers and entrepreneurs at the EU level (the so-called "ODR Platform"). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of electronic services.
- If the Customer is not a Consumer or Entrepreneur-Consumer, then the provisions of this paragraph do not apply.
- DrNuts makes every effort to ensure that the Website functions fully correctly and undertakes to remove any defects in the functioning of the Website.
- DrNuts reserves the possibility of temporary unavailability of the Website or some of its functions to the extent it is necessary to maintain the proper functioning of the Website.
- The Customer is entitled to submit complaints regarding services provided electronically and regarding the incorrect operation of the Website. The complaint should include the Customer's data necessary to send information about the result of the complaint and a description of the irregularities in the service. A complaint should be submitted in writing to the address Makowa Street 6 b, 20-442 Lublin or via e-mail to the e-mail address email@example.com.
- DrNuts will respond within 14 days of receiving it.
- As part of the functionality of the Website, DrNuts offers the Newsletter service consisting in sending by DrNuts marketing information about DrNuts' activities and products and services offered by DrNuts, including in particular regarding news, special offers and promotions to the e-mail address indicated by the Customer when signing up on Newsletter.
- The Customer may subscribe to the Newsletter by leaving an e-mail address in the Newsletter subscription form and agreeing to receive from DrNuts electronically the information referred to above. Immediately after subscribing to the Newsletter, an e-mail is sent to the Customer with a request to confirm the subscription to the Newsletter (subscription to the Newsletter).
- Subscribing to the Newsletter and using the Newsletter service (after subscribing) is free of charge and voluntary.
- The Newsletter service is provided for an indefinite period. The customer may unsubscribe from the Newsletter at any time and without giving any reason. The customer may unsubscribe from the Newsletter on his own by contacting DrNuts at the email address firstname.lastname@example.org.
- In matters not covered by these Terms and Conditions, the provisions of law generally applicable in the territory of the Poland shall apply.
- These Terms and Conditions apply from 01.03.2023 for an indefinite period.
- DrNuts reserves the right to change the Terms and Conditions. Orders placed before the date of entry into force of amendments to these Terms and Conditions are implemented on the basis of the provisions of the Terms and Conditions in force on the date of placing the order.