TERMS AND CONDITIONS OF THE INTERNET STORE
“GALOP SMAKU”
§ 1 PRELIMINARY PROVISIONS
1. These terms and conditions define the rules of using the online shop: www.galopsmaku.pl and the provision of catering services by Workin sp. z o. o. with its registered office at ul. Senatorska 2, 00-075 Warsaw, registered in the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the KRS number 0000623827, NIP 5223065571, REGON 364736041.
2. These Terms and Conditions come into force as of 3.06.2024 until further notice, subject to the following:
a) Amendments to the Terms and Conditions shall enter into force not less than 3 days from the date they are made available on www.galopsmaku.pl;
b) Any amendment to the Terms and Conditions shall not affect the terms and conditions of sale of the services offered and the terms and conditions of promotional campaigns concerning applications submitted prior to the effective date of such amendment.
§ 2 DEFINITIONS
Workin - Workin sp. z o. o. with its registered office at ul. Senatorska 2, 00-075 Warsaw, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the. KRS number 0000623827, NIP 5223065571, REGON 364736041, running the business Workin Cafe at ul. Senatorska 2 in Warsaw (00-075), which is entered in the Register of Establishments Subject to Official Supervision of the State Sanitary Inspection Authorities, kept by the State District Sanitary Inspector in the capital city of Warsaw under entry no: 00758/012945850/2024.
Customer - a natural person running a sole proprietorship, or a legal person or an organisational unit without legal personality, or a natural person making a legal transaction with an entrepreneur not directly connected with his/her economic or professional activity ("Customer-consumer"), who places an order in the manner described in these Terms and Conditions.
Terms and Conditions - these Terms and Conditions of the "GALOP SMAKU" online store. Website – www.galopsmaku.pl.
Contract - the agreement under which Workin is obliged to perform the Order, i.e. to provide the catering service consisting in the preparation and possibly delivery of selected catering boxes to the Customer in the manner and on dates agreed with the Customer.
Order - catering service, based on the Contract under which Workin is obliged to provide to the Customer, i.e. preparation and, if applicable, delivery of selected catering boxes to the Customer in the manner and on dates agreed with the Customer.
§ 3 CATERING BOXES
1. The information provided on the Website about catering boxes does not constitute Workin's offer within the meaning of the provisions of the Civil Code, but only an invitation to the Customer to make an offer to conclude the Contract.
2. By placing an Order, the Customer submits an offer to purchase a specific catering box(s), under the conditions specified in the Terms and Conditions.
3. Workin provides information on individual catering boxes on the Website, in particular on ingredients, including ingredients that may cause an allergy or intolerance reaction.
4. As the catering boxes contain food products, they should be stored under appropriate conditions after delivery.
5. Workin cautions that due to the fact that each catering box is made by hand, it is possible that the actual appearance of the catering boxes and their composition may differ slightly from the images on the Website.
§ 4 PRICE
1. The prices shown on the Website are gross prices expressed in Polish zloty and include VAT at the applicable rate.
2. The prices shown on the Website do not include possible delivery costs. The cost of delivery, if any, is added during the placement of the order depending on the distance to the place of delivery and the selected delivery date.
3. If the Customer chooses to have the Order delivered, they shall cover the costs of delivery according to the principles indicated in § 5(5) hereof.
4. Workin reserves the right to change prices indicated on the Site, to carry out and cancel promotional actions or to introduce changes to them. The introduced changes may not affect the effectiveness and execution of previously placed orders.
§ 5 PLACING ORDERS
1. The Customer can place an order by phone, calling: 609771181, by e-mail at info@galopsmaku.pl or via the Website by completing the form on the Website. Workin accepts orders:
a) by telephone and e-mail - Monday to Saturday, 8:00 AM–6:00 PM, except for holidays and public holidays;
b) via the Website - daily.
2. To conclude the Contract, the Customer is obliged to indicate to Workin the following information:
⦁ Choice of catering boxes;
⦁ Selection of the date(s) of the Order from among the available dates (it is possible to book several dates within one Order);
⦁ Information on how to collect the Order, and if the Order is to be delivered by Workin or an entity providing delivery service to Workin, indication of the delivery address;
⦁ Customer's name or company;
⦁ Customer's residential/domicile address and the delivery address of the Order, if different from Customer's residential/domicile address;
⦁ Customer's phone number;
⦁ Customer's e-mail address;
⦁ Invoice details if the Customer wishes to receive an invoice.
3. The Customer shall indicate the truthful data referred to in § 5(2)(d-h) above. If Workin determines that the data provided is not correct or Workin suspects such incorrectness, Workin reserves the right to refuse to perform the Order. Workin reserves the right to additionally verify the data provided by the Customer when placing the Order.
4. In order to conclude the Contract, it is necessary to accept the content of these Terms and Conditions and to give the required consents for the processing of personal data.
5. Prior to concluding the Contract, it is necessary for the Customer to pay Workin the total price and delivery costs. In the case of concluding the Contract via the Website, payment shall be made using the payment methods indicated in § 9(1) below, and in the case of concluding the Contract by telephone or e-mail, Workin will provide the Customer with the bank account number to which the funds should be paid. The time of payment shall be deemed to be the receipt of the aforementioned payment by Workin.
6. By placing the Order and making the payment referred to in § 5.5 above, the Customer submits an offer to Workin to conclude the Contract. After placing the Order, in accordance with the procedure specified above, the Customer shall immediately receive, by e-mail address provided when placing the Order, a confirmation of placing the Order and accepting the Order for processing. The acknowledgement of acceptance of the Order for processing is Workin's statement of acceptance of the offer referred to above, and upon receipt thereof the Contract is concluded.
7. The Customer has the right to amend the Order under the following conditions:
a) The amendment may include: the address and method of delivery (unless the Order has already been forwarded for delivery and is "on its way" to the Customer) and a change of the delivery date of the Order, subject to the availability of dates;
b) The Order may be amended by contacting the Customer by e-mail at the e-mail address indicated in Clause 1 above or by telephone at the telephone number indicated in Clause 1 above.
A change of the Order as described in sec. 7 above may result in a change of price and costs of delivery.
§ 6 ORDER PERFORMANCE
1. Workin shall deliver Orders within the timeframe indicated in the Contract, whereby:
a. The earliest possible delivery time of an Order is 7:00 AM;
b. The latest possible delivery time for an Order is 10:00 PM;
c. The availability of Order and delivery times depends on a number of factors including, in particular, the number of Orders accepted by Workin.
2. In the event of circumstances preventing Workin from fully or temporarily proceeding with the placed Order, Workin has the right to suspend the execution of the Order. Workin undertakes to immediately notify the Customer of the situation by e-mail at the address indicated when the Order was placed.
3. If some or all of the products ordered are unavailable, Workin shall immediately inform the Customer by e-mail, upon receipt of such information the Customer is obliged to immediately submit a statement to Workin referring to:
a) Canceling the Order or
b) Ordering Workin to complete an incomplete Order, i.e. without missing products or
c) Agreeing to wait longer for the Order to be fulfilled or
d) Selection of another product in place of the missing product.
Pending receipt of the statement referred to in the preceding sentence, Workin is Entitled to suspend the execution of the Order.
§ 7 DELIVERY
1. Personal collection of ordered products is possible between 7:00 AM and 10:00 PM at: Workin sp. z o.o., ul. Senatorska 2, 00-075 Warsaw, Workin Cafe, Floor I, entrance A or entrance B between 6:00 PM and 8:00 AM. or at weekends, subject to the provisions of § 6 of these Terms and Conditions.
2. The Order may also be delivered to the Customer by Workin or a third party acting on its behalf, provided that the Customer declared such a method of collecting the Order when placing the Order.
3. The Order shall be delivered on the territory of Warsaw and the surrounding localities directly bordering Warsaw. Orders are delivered in the manner and to the location indicated by the Customer when placing the Order.
4. Each time the Order is delivered, it is delivered within the time limits specified in the Order, subject to the other provisions of these Terms and Conditions, in particular § 6 above.
5. The delivery time of an Order may be subject to change due to the execution of other Orders, in particular their sequence or road traffic obstructions.
6. An Order with personal pickup shall be ready for collection on the date and time specified in the Contract and agreed upon while the Order placement stage.placement is pending. The Customer's failure to pickup the Order at the place and time specified when placing an Order shall not relieve the Customer of the obligation to pay the price and delivery costs.
7. When the Product is delivered to the Customer, the Customer shall examine the Product for compliance with the Order.
8. Depending on the Customer's choice declared at the time of placing the Order, Workin will include either a receipt or a VAT invoice with the shipment of the ordered product.
§ 8 TECHNICAL REQUIREMENTS
1. To place an Order via the Website, the Customer shall have:
a) a terminal device (computer/phone/tablet) with access to the Internet;
b) Access to e-mail.
2. The Customer shall use the Website in a manner consistent with the law, good practice and respects the personal rights and rights of third parties and Workin.
3. The Customer shall not transmit content of an unlawful nature to Workin.
4. The Customer shall be held fully responsible for all consequences resulting from incorrect data provided by the Customer when submitting an Order whereas
5. Workin is entitled to introduce a temporary interruption of the Website (in whole or in part), which will be necessary for technical reasons, e.g. in connection with ongoing maintenance, modifications or repairs.
6. To the fullest extent permitted by law, Workin shall not be held liable for any disruptions, including interruption of the Website through which you may place an order, caused by force majeure, unauthorised actions of third parties or incompatibility with the Customer's technical infrastructure.
§ 9 PAYMENTS
1. Workin allows advanced electronic Order payments using one of the following methods:
⦁ Through the service "Przelewy24";
⦁ Via "PayPal";
⦁ Via traditional transfer.
The date of payment shall be deemed to be the date when the Customer successfully completes the payment as described in paragraph 1 above. Credit card authorisation and payment settlement is handled by an external entity via a direct connection to the server of the payment card clearing agent.
§ 10 RIGHT OF WITHDRAWAL
1. Pursuant to Article 38(1)(4) - (5) of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2023, item 2759, hereinafter referred to as the "Act"), the Customer-consumer shall not have the right to withdraw from the contract referred to in Article 27 of the Act due to the fact that the products in the ordered catering boxes spoil quickly or have a short shelf life and are delivered in sealed packaging which, once opened, cannot be returned for health protection and hygiene reasons.
2. Workin does not accept any parcels or returns of goods by cash on delivery or COD.
§ 11 PROTECTION OF PERSONAL DATA
1. The Controller of the Customers' personal data is Workin.
2. Customers' personal data and are treated as confidential information and are used only for the purpose of concluding and fulfilling the Contract including communication between the Customer and Workin.
3. If the Client gives additional consent, the personal data will be processed by Workin for the purpose of keeping it informed of new promotions and services.
4. Customer has the right to review their personal data, correct them or demand their deletion.
5. Detailed information on the protection of personal data is indicated in the Information Sheet, which is provided to the Customer each time before the conclusion of the Contract.
§ 12 COMPLAINTS
1. Complaints can be made to Workin in writing to Workin's registered office address or by email to: info@galopsmaku.pl.
2. When submitting one, the Customer is required to specify in detail the subject of the complaint.
3. Workin will consider the complaint within 14 days of its receipt. A response to the complaint will be sent to the Customer in the same form as the complaint.
4. If, as a result of the consideration of the complaint, it becomes necessary to refund the Customer, the refund will be made in the same manner in which the payments were previously paid to Workin.
§ 13 RESPONSIBILITY
1. Workin shall provide the Customer-consumer with a defect-free Contract item. Workin shall be liable to the Customer-consumer for any physical or legal defects of the subject of the Contract under the terms and conditions specified in the Civil Code.
2. Workin shall not be held liable under the warranty for defects of the subject of the Contract vis-à-vis non-Customer-consumers.
3. Workin shall not be liable for non-performance or improper performance of the Contract if this has been caused by force majeure circumstances.
4. Workin shall not be liable for non-performance or improper performance of its obligations under the Agreement to the extent caused by the default of Customer.
§ 14 AMICABLE SETTLEMENT OF DISPUTES
1. Upon completion of the complaint procedure referred to in § 13 of these Terms and Conditions, the Customer-consumer has the right to use the out-of-court complaint and claim procedure.
2. Detailed information about the possibility to use out-of-court complaint handling and claim procedures by the Customer-consumer and rules of access to these procedures are available at the offices and on the following websites:
⦁ District (municipal) ombudsmen of consumers;
⦁ Social organisations whose statutory tasks include protecting consumers;
⦁ Provincial Inspectorates of Trade Inspection and
⦁ At the website address of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/.
3. The Customer-consumer has the following possible options to use Out-of-court means of dealing with complaints and pursuing claims:
a) The Customer-consumer is entitled to apply for the settlement of a dispute arising from the Agreement to a permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2024, item 312);
b) The Customer-consumer shall be entitled to apply to the provincial inspector of the Trade Inspection requesting initiation of mediation proceedings for the amicable termination of the dispute between the Customer-consumer and Workin, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2024, item 312);
c) The customer-consumer may obtain free assistance in resolving a dispute between him and Workin, also using the free assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).
4. The Customer-consumer may also use out-of-court ways of dealing with complaints and claims through the ODR Platform in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on theOnline Dispute Resolution System for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). Use of the ODR Platform is possible via: http://ec.europa.eu/odr/. The ODR platform is intended to facilitate the independent, impartial, transparent, effective, quick and fair out-of-court online resolution of disputes between consumers and traders and applies to the out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts, within the meaning of the above-mentioned Regulation, concluded between consumers resident in the Union and traders established in the Union.
§ 15 FINAL PROVISIONS
1. Any disputes arising from Terms and Conditions hereunder and the Contract shall be adjudicated by a Court competent to the registered office of Workin.
2. Matters not governed by these Terms and Conditions shall be interpreted as provided by this Contract and further by the provisions of the Civil Code.
3. Working reserves the right to modify these Terms and Conditions as provided by regulations in § 1(2) above.