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TERMS AND CONDITIONS OF IN-STORE SALES, DISTANCE SALES AND PROVISION OF ELECTRONIC SERVICES.

These Terms and Conditions set out the rules for concluding Sales Agreements with Agricola Hydraulika Siłowa sp. z o.o. via: the Brick-and-Mortar Store (located at: ul. 1-ego Maja 40A, 87-840 Lubień Kujawski); the Online Store available at one of the following addresses: www.sklepdlarolnika.pl, www.hydraulikamobilna.pl, www.wspomagania.pl www.hydrolider.pl; the Allegro electronic trading platform (with respect to Goods listed on the accounts named: AGRICOLA – PLUS, sklepDLArolnika.pl, and the account named HYDROLIDER operating as an Online Store); as well as when concluding Sales Agreements using other means of distance communication, and Agreements for the provision of services by electronic means.

You can contact the Seller via:

1) the phone number: + 48 542 844 000,

2) the email address: hydraulika@agricola.com.pl,

3) by sending mail to the Seller’s registered office address,

4) in person at the Seller’s registered office.

§ 1. DEFINITIONS.

1. TERMS AND CONDITIONS – these Terms and Conditions, applicable to Agreements for the provision of services by electronic means as well as Sales Agreements concluded with the Seller.

2. SELLER/SERVICE PROVIDER – Agricola Hydraulika Siłowa spółka z ograniczoną odpowiedzialnością with its registered office in Lubień Kujawski, ul. 1-ego Maja 40A, 87-840 Lubień Kujawski, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Toruń, 7th Commercial Division of the National Court Register, under KRS number: 0001145563, NIP: 888-313-84-50, REGON: 381966240, telephone number: + 48 542 844 000, email address: hydraulika@agricola.com.pl.

3. BUYER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which specific provisions grant legal capacity, who has concluded or intends to conclude a Sales Agreement with the Seller.

4. CONSUMER – a natural person who performs a legal act with an entrepreneur that is not directly related to their business or professional activity.

5. ENTREPRENEUR (1) a natural person; (2) a legal person; or (3) an organizational unit that is not a legal person, to which a separate statute grants legal capacity, conducting business or professional activity in their own name. For the purposes of these Terms and Conditions, the term Entrepreneur does not include the Individual Entrepreneur.

6. INDIVIDUAL ENTREPRENEURa natural person performing a legal act directly related to their business activity where the content of the contract shows that it does not have a professional nature for them, in particular resulting from the subject of the business activity they conduct.

7. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which specific provisions grant legal capacity, using or intending to use services provided by electronic means.

8. GOODS – a movable item offered by the Seller that is the subject of a Sales Agreement concluded with the Buyer.

9. SERVICE PROVIDED BY ELECTRONIC MEANS (hereinafter also: “SERVICE”) – a service provided by electronic means by the Service Provider to the Service Recipient.

10. ACCOUNT – a set of resources in the Service Provider’s ICT system, individually designated by the Service Recipient (with a login and password), allowing the Service Recipient to use the functionalities of the Online Store.

11. ONLINE STORE – the Store run by the Seller, available at one of the following addresses: www.sklepdlarolnika.pl, www.hydraulikamobilna.pl, www.wspomagania.pl www.hydrolider.pl; primarily enabling the conclusion of a Sales Agreement using the Order Form.

12. BRICK-AND-MORTAR STORE – a Store operated by the Seller, available to all Buyers, through which it is possible to purchase in person the Goods offered by the Seller, located at ul. 1 – ego Maja 40A, 87 – 840 Lubień Kujawski.

13. STORE – the Online Store or the Brick-and-Mortar Store.

14. SALES AGREEMENT a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Buyer. If the Buyer is a Consumer or an Individual Entrepreneur, a Sales Agreement concluded via the Online Store, Allegro, or other means of distance communication is a distance contract within the meaning of the Consumer Rights Act.

15. AGREEMENT FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS – an agreement concluded between the Service Provider and the Service Recipient, the subject of which is the electronic provision of Services specified in § 3 of the Terms and Conditions.

16. GUARANTOR – an entity granting a warranty under a voluntary warranty statement. It may be a third party independent of the Seller (e.g. Manufacturer, Importer, Distributor), but also the Seller – depending on the content of the warranty statement.

17. ORDER – the Buyer’s declaration of intent clearly specifying: the type and quantity of Goods, the method of delivery and payment, as well as the Buyer’s details, directly aimed at concluding a Sales Agreement between the Buyer and the Seller.

18. ORDER FORM – an interactive form available in the Online Store, enabling the placement of an Order.

19. ACCOUNT REGISTRATION FORM – an interactive form available in the Online Store, enabling the creation of an Account.

20. COMPLAINT FORM – a document prepared by the Seller to streamline and expedite the complaint handling procedure, available in the Online Store.

21. ALLEGRO – an electronic trading platform, available at: www.allegro.pl, owned by Allegro Sp. z o.o. with its registered office in Poznań, ul. Wierzbięcice 1B, 61 – 569 Poznań, NIP: 525 – 26 – 74 – 798, KRS number: 0001145563, REGON: 365331553, through which the Seller offers its Goods (on the accounts named: AGRICOLA – PLUS, sklepDLArolnika.pl and the account named HYDROLIDER operating as an online store).

22. ONLINE PAYMENT OPERATOR – ING Bank Śląski S.A. with its registered office in Katowice, ul. Sokolska 34, 40 – 086 Katowice, NIP: 634 – 013 – 54 – 75, KRS number: 0001145563, REGON: 271514909, operating the online payment system (iMoje.pl), through which payments can be made for Orders placed in the Online Store.

23. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).

24. CIVIL CODE – the Act of 23 April 1964 – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).

§ 2. GENERAL PROVISIONS.

1. The Seller offers its Goods through the following sales channels:

a) via the Online Store,

b) via Allegro,

c) via the Brick-and-Mortar Store,

d) using means of distance communication (in particular by telephone and by email).

2. These Terms and Conditions are addressed to Service Recipients and Buyers – Consumers, Individual Entrepreneurs, as well as Entrepreneurs – unless a given provision of the Terms and Conditions provides otherwise and is addressed exclusively to Consumers, Individual Entrepreneurs or Entrepreneurs.

3. Additional rights have been granted to Consumers and Individual Entrepreneurs. They do not include other Buyers, such as limited liability companies, joint-stock companies, or simple joint-stock companies.

4. In the case of sales via Allegro (to the extent not regulated in the Terms and Conditions), the rules governing the operation of that service apply, made continuously available at: https://allegro.pl/pomoc/dla-kupujacych/regulamin-allegro/regulamin-allegro-i-regulaminy-innych-uslug-w-serwisie-D5AgVOoEOFR. The rules referred to in the previous sentence apply primarily to any additional options and functionalities resulting from the operation of Allegro.

5. The detailed terms under which the online payment operator provides its services are set out in the regulations made available each time before the payment is made. The regulations referred to in the previous sentence are available at all times at: https://data.imoje.pl/docs/imoje_regulamin_platnosci.pdf.

6. A condition for concluding a Sales Agreement or an Agreement for the provision of services by electronic means is to read and accept the Terms and Conditions before concluding such an agreement.

7. The Seller/Service Provider provides the Terms and Conditions to Buyers/Service Recipients free of charge by electronic means before the agreement is concluded to the email address indicated by them, so that Buyers/Service Recipients can store them, and also download, reproduce in the ordinary course of operations, and print them at any time. At the same time, the Seller publishes the Terms and Conditions:

a) on the Online Store website, in the “Terms and Conditions” tab,

b) on Allegro, in the “About the seller” tab,

c) in the Brick-and-Mortar Store.

8. All information regarding the Goods placed on the Online Store website constitutes only an invitation to submit offers and not a commercial offer within the meaning of the provisions of the Civil Code.

9. Placing an Order, even if it is paid immediately, is only equivalent to submitting to the Seller an offer to purchase the specified Good at the price and with the features indicated in its description. The Sales Agreement is concluded at the moment the Order is accepted for processing by the Seller, which should be understood as sending to the Buyer a statement confirming that the Order will be fulfilled by the Seller. This point does not apply when concluding a Sales Agreement in person in the Brick-and-Mortar Store.

10. Prices of Goods are given in Polish zloty. If there is no distinction between net and gross prices, the prices given are gross prices including VAT appropriate for the given product.

11. All prices and unit prices of the Good presented at the retail point of sale are displayed by the Seller in a clear and unambiguous manner and in a way that enables price comparison.

12. Whenever the Seller informs about a reduction in the price of a Good, alongside the reduced price there is also information about the lowest price of that Good that applied in the 30-day period prior to the reduction. If a given Good has been offered by the Seller for a period shorter than 30 days, alongside the reduced price there is information about the lowest price of that Good that applied from the date the Good was first offered for sale until the date the reduction was introduced.

§ 3. SERVICES PROVIDED BY ELECTRONIC MEANS.

1. This paragraph sets out the rules for using the Services provided electronically within the Online Store operated by the Seller (Service Provider).

2. The Service Provider provides electronic Services consisting of:

a) enabling the conclusion of a Sales Agreement by placing an Order,

b) maintaining an Account,

c) subscription to the newsletter Service,

d) submitting an inquiry about the Good that interests the Service Recipient – “Ask about the product”,

e) submitting an inquiry about the Good that interests the Service Recipient – via chat,

f) sending electronically a possible “recommendation” of a given Good – “Recommend to a friend”.

g) running a loyalty program for Buyers. A separate set of rules applies to the loyalty program referred to in the previous sentence, made available on the Online Store website and at the Customer Service Point in the Brick-and-Mortar Store.

3. All Services provided electronically by the Service Provider are free of charge and voluntary.

4. It is prohibited for Service Recipients to provide unlawful content or to interfere with the technology of the Online Store in a manner contrary to the law.

5. The Service Provider uses software and encoding technology ensuring the security, confidentiality, privacy, and integrity of transmitted data/information.

6. Use of the Services provided by electronic means is possible after the Service Recipient’s ICT system meets the following technical requirements:

a) access to a functioning device such as a computer, phone, or tablet with a display enabling the viewing of webpages,

b) having access to the Internet,

c) having an up-to-date web browser with cookies and JavaScript applets enabled.

7. The Service Provider, pursuant to Article 173 of the Act of 16 July 2004 – Telecommunications Law (Journal of Laws of 2004, No. 171, item 1800, as amended), will place an appropriate notice on each website it operates where cookies are used. The Service Recipient may consent to enabling cookies.

§ 3A. ACCOUNT.

1. To set up an Account, the Service Recipient must complete the registration procedure.

2. The Account registration procedure begins by clicking the checkbox „Zarejestruj się” (Register), or another with the same meaning, located on the Online Store website. The Service Recipient is then required to complete the Account Registration Form.

3. The Account Registration Form includes, in particular, the following data:

a) email address,

b) first name,

c) last name,

d) phone number,

e) password, and

f) address details – i.e. street, house number, postal code, city, country.

4. The password is an alphanumeric string set by the Service Recipient, according to the rules specified on the Online Store website. The password is not known to the Service Provider, and the Service Recipient is obliged to keep it secret and protect it from unauthorized third-party access.

5. After completing the Account Registration Form, a message containing confirmation of its registration is sent to the email address provided therein.

6. The Service Recipient may use the option for the system to remember their data in order to facilitate the process of placing the next Order.

7. The Account enables the Service Recipient, in particular, to:

a) track on the Online Store website the stages of the placed Order,

b) browse the Order history,

c) add individual Goods to those being watched using the checkbox „dodaj do obserwowanych” (add to watchlist),

d) edit the Service Recipient’s data, including changing the password, as well as correcting individual personal data.

8. If the Service Recipient forgets/loses their password, they may use the option to set a new password by providing the email address assigned to their Account. The Service Recipient receives a link enabling them to set a new password at the email address assigned to the Account.

9. Creating an Account is voluntary and free of charge. Purchases in the Online Store can also be made without having an Account (as an unregistered user).

§ 3B. NEWSLETTER.

1. The newsletter enables Service Recipients to automatically receive, by email from the Service Provider, periodic content containing information about Goods, news, and promotions in the Online Store.

2. Any person may use the newsletter Service who, on the Online Store website in the newsletter section, provides at least their email address and then clicks the button – „Zapisz się”/„Zapisz mnie” (Sign up/Sign me up) or a button with the same meaning. Subscription to the newsletter may also occur by selecting the appropriate checkbox in the Account Registration Form. Personal data provided during newsletter signup are collected solely for the purpose of delivering specified content to the Service Recipient.

3. Upon pressing the appropriate button referred to above, or upon creating an Account when the checkbox is selected in the Account Registration Form, the Service Recipient is added to the newsletter recipients list.

4. Messages received by the Service Recipient under the newsletter regarding current promotional campaigns contain information about the current reduced price of the Goods covered by the promotion and the lowest price that applied in the 30-day period before the promotional campaign began.

5. Consent to subscribe to the newsletter may be withdrawn at any time. The Service Provider will provide the option to unsubscribe from this Service in the footer of each email sent under the newsletter. Unsubscribing will result in the removal of the email address from the newsletter recipients list.

§ 3C. ASK ABOUT THE PRODUCT.

1. The “Ask about the product” Service is made available on the Online Store website.

2. Using the “Ask about the product” Service does not require having an Account.

3. Sending an inquiry about a given Good is possible by pressing the “Ask about the product” button or another button with the same meaning, and providing at least one’s email address as well as phrasing a question about the given Good.

4. The answer to the submitted question is sent to the email address provided by the Service Recipient.

§ 3D. CHAT.

1. A chat is made available on the Online Store website, enabling remote, direct contact of Service Recipients with the Service Provider.

2. Only Service Recipients who have an Account may use the chat. It is available on business days, during the hours designated and posted on the Online Store website.

3. The chat is intended solely to streamline ongoing, direct contact regarding the Goods offered in the Online Store.

4. Use of the chat begins at the moment the chat window through which it is available is launched, and ends at the moment the Service Recipient leaves the chat.

5. The Service Recipient may end the use of the chat at any time.

6. The Service Recipient may not use the chat for purposes other than those specified in the Terms and Conditions, in particular to transmit advertising, promotional, or commercial content or to publish content that violates generally applicable law.

§ 3E. RECOMMEND TO A FRIEND.

1. The “Recommend to a friend” Service is made available on the Online Store website.

2. Using the “Recommend to a friend” Service does not require having an Account.

3. The ability to recommend a Good applies to all Goods offered by the Seller.

4. The “Recommend to a friend” Service allows recommending individual Goods via designated social media platforms (including Facebook, Twitter).

5. Recommending a given Good is possible by pressing the “Recommend to a friend” button or a button with the same meaning, which redirects the Service Recipient to an external site containing checkboxes with pictograms corresponding to individual social media platforms. After selecting the appropriate checkbox, the Service Recipient, where necessary, is redirected to the login or registration panel of the given social media platform, i.e. in particular when the login data are not automatically saved on a specific device or when the Service Recipient is not registered on the given platform.

6. The Service Recipient may share a public post on their social profile, or add an entry not addressed to any designated and specified person, concerning a Good offered by the Seller.

§ 4. TERMINATION OF THE AGREEMENT FOR THE PROVISION OF SERVICES.

1. Service Recipients may stop using the Services provided electronically at any time, as well as interrupt the process of placing an Order until clicking the checkbox finally confirming its submission. The Service Recipient may terminate the Agreement for the provision of services by electronic means at any time by: deleting the Account or sending a statement to the Service Provider in this regard, whereupon the Service Provider undertakes to delete the Account within 7 days from the day of receiving the Service Recipient’s statement (if the Service Recipient does not delete the Account earlier).

2. The Service Provider may terminate the Agreement for the provision of services by electronic means with 7 days’ notice if:

a) the Service Recipient shows no activity in the Online Store, in particular when the Service Recipient has not placed an Order or has not used the Account within 12 months from their last activity,

b) the Service Recipient uses the Services in a manner contrary to the principles and purpose of the Online Store’s functioning,

c) the Service Recipient’s activity is contrary to applicable social norms, in particular when it incites violence or the commission of a crime,

d) the Service Recipient’s activity violates the rights of third parties,

e) the Service Provider has received an official notification of unlawful processing of data by the Service Recipient or of the unlawful nature of their related activity,

f) the Service Provider has obtained reliable information about unlawful processing of data by the Service Recipient or the unlawful nature of their related activity,

g) the Service Recipient sends unsolicited commercial information,

h) the Service Recipient grossly or persistently violates the provisions of the Terms and Conditions.

3. Regardless of the above, the Service Provider may terminate the Agreement for the provision of services with immediate effect if:

a) it ceases conducting business activities,

b) it ceases operating the Online Store.

4. A statement terminating the Agreement for the provision of services by electronic means:

a) will be sent to the email address assigned to the Service Recipient’s Account – if submitted by the Service Provider,

b) may be sent to the Service Provider’s email address – if submitted by the Service Recipient. Deleting the Account by the Service Recipient is equivalent to submitting such a statement.

5. Termination of the Agreement for the provision of services by electronic means, the subject of which is holding an Account, as well as its termination by mutual consent, is equivalent to blocking the Service Recipient’s access to the Account and deleting it; however, it has no effect on the performance of Orders placed before such actions, unless the Service Recipient and the Service Provider decide otherwise.

§ 5. POSTING PRODUCT REVIEWS.

1. Adding reviews of the presented Goods enables evaluation/providing an opinion on a given Good offered by the Seller, including, among others, its functionality, use, or possible recommendation.

2. The Seller declares that all reviews published on the Online Store pages come from Buyers who used or purchased the given Good.

3. To verify reviews posted by Buyers, the Seller has implemented an appropriate mechanism whereby the ability to post reviews has been made available exclusively to Buyers who have an Account and only with respect to Goods that were actually purchased by them and also delivered to them. The Seller ensures this by analyzing the Order history placed by the specific Buyer.

4. Notwithstanding the above, the Seller reserves the right that within an appropriate time after the Buyer’s purchase, it may send an email containing a request to evaluate the given transaction and to provide an opinion on specific Goods, if it has obtained the Buyer’s prior consent for such action.

5. The review will be posted on the Online Store website in the content submitted by the Buyer, without indicating their identifying data (using data anonymization).

6. Adding a review is a one-time action and, upon any Buyer’s request sent by email to: hydraulika@agricola.com.pl, the content of the added review will be deleted.

7. The Seller reserves the right not to publish/delete reviews posted by Buyers in particularly justified cases, primarily when they are phrased in a vulgar or offensive manner; are contrary to law or good morals; infringe any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secrets; are related to confidentiality obligations; contain personal data, contact details, email addresses, or other data enabling direct contact; do not concern, in whole or in part, the reviewed Good; contain spam-like content.

§ 6. PLACING AN ORDER.

1. The Buyer may place Orders:

a) via the Online Store,

b) via Allegro,

c) by email,

24 hours a day, 7 days a week, and also:

d) by phone via the helpline during its working hours, provided on the Online Store website,

e) at the Brick-and-Mortar Store during its opening hours.

2. Placing an Order by the Buyer entails an obligation to pay.

3. The Buyer may place an Order using their Account as well as without registering it by choosing the “shopping without registration” option.

4. In the case of a telephone Order, the Buyer is obliged to provide the consultant accepting the Order with the data necessary for its execution, including the email address. The scope of such data includes at least: indication of the selected Good, its quantity, and the Buyer’s details, in particular their first and last name (or company), contact details, as well as the delivery address and phone number. The scope of this data depends on the method of Order fulfillment chosen by the Buyer. If the Buyer provides their email address, they will receive messages generated by the Online Store regarding the Order fulfillment status analogous to the “shopping without registration” option. If the Buyer does not provide an email address, the Order will be processed according to the data provided to the consultant during the telephone call. In such a situation, the Buyer can verify the Order status only by contacting the helpline.

5. If the technical characteristics of the means of distance communication used to place the Order limit the size of the information that can be transmitted or the time to present it, the Seller will provide the Consumer, before concluding the Agreement, with at least information regarding the main features of the service, the Seller’s identification, the total price or remuneration, the right to withdraw from the Agreement, the duration of the Agreement, and if the Agreement is concluded for an indefinite period, also the method and grounds for its termination. The remaining information will be provided to the Consumer in a manner appropriate to the type of means of distance communication used, in a legible way and expressed in simple language.

6. If the Buyer gives the relevant consent (i.e., consent to so-called direct marketing), the Seller may contact them by phone to conclude a specific Sales Agreement.

7. If the Seller contacts the Consumer by phone in order to conclude a Sales Agreement, the Seller will inform the Consumer of this purpose, providing their identifying data and the identifying data of the person on whose behalf they are calling. In the case of a proposal to conclude a Sales Agreement by phone, the Seller will confirm the content of the proposed Agreement on paper or another durable medium. The Consumer’s statement on concluding the Sales Agreement will be effective if it is recorded on paper or another durable medium after receiving the Seller’s confirmation.

8. In the event of concluding a Sales Agreement, the Seller issues a personalized proof of purchase (invoice) or a fiscal receipt. When placing an Order, the Buyer is obliged to provide data necessary to issue the proof of purchase that are consistent with the actual state.

9. A condition for the Seller to process the Order is the correct completion by the Buyer of the Order Form or providing, by phone, electronically, or in person, the correct and necessary data, which, depending on the situation, will include in particular the Buyer’s first and last name or company name, shipping address, phone number, and email address. If the data provided are incomplete, the Seller will make efforts to obtain them from the Buyer using the contact details provided by the Buyer. If contact with the Buyer is not possible, the Seller has the right to cancel the Order within [….].

10. After placing the Order, the Seller sends an email confirming acceptance of the Order for processing, containing further instructions, which depend on the method of collection and payment chosen by the Buyer.

11. The Sales Agreement is concluded at the moment:

a) the Buyer receives an email about acceptance of the Order for processing – in the case of an Order placed via the Online Store or by email,

b) during the telephone conversation, after confirming all the Order terms – in the case of an Order via the helpline,

c) under the rules set out in the Allegro terms and conditions – in the case of an Order placed via its platform,

d) of submitting two consistent declarations of intent by the Seller and the Buyer – in the case of an Agreement concluded at the Brick-and-Mortar Store.

12. In the case of Sales Agreements concluded at a distance with a Consumer, the Seller provides confirmation of the conclusion of such an Agreement on a durable medium, at the latest at the time of delivery of the Good.

§ 7. FORMS OF PAYMENT.

1. The available forms of payment depend on the contents of the Order and the method of delivery chosen by the Buyer.

2. For Orders placed via the Online Store, the availability of payment methods is visible to the Buyer during the ordering process.

3. The form of payment is determined each time, individually with the Buyer in the case of:

a) Telephone Orders – during the conversation with the consultant working on the helpline,

b) Orders placed by email – after placing the Order, the Buyer receives a message containing information on the payment methods available for that Order, on the basis of which they make a choice.

4. The Seller offers the following forms of payment:

a) prepayment to the account – i.e., regular bank transfer,

b) online payments – i.e., payment via electronic transaction,

c) cash on delivery – i.e., payment upon receipt of the shipment,

d) cash payment upon personal collection.

5. If the prepayment to the account option is selected, the Buyer independently pays the price for the Order by depositing a specified sum into the Seller’s bank account number. Receipt by the Seller of the full price for the Order is a necessary condition for starting its fulfillment. To facilitate the Order’s processing, it is recommended that the Buyer provide in the payment title: first and last name or company, as well as the Order number.

6. Online payments are handled by the online payment Operator. The security of the iMoje payment gateway is ensured by the PCI DSS certificate. If the online payment option is selected, the Seller will provide the Buyer with a direct link to the payment service website that will enable payment using:

a) fast transfer, i.e., payment made by authorization in the Buyer’s online banking (provided by an appropriate plugin),

b) instant BLIK payment,

c) payment cards VISA and Mastercard,

d) e-wallets – Google Pay and Apple Pay.

7. If the cash on delivery option or cash payment upon personal collection is selected, the Buyer is obliged to make payment upon receipt of the Order. In the case of concluding a Sales Agreement at the Brick-and-Mortar Store, the Buyer is obliged to make payment at the checkout before leaving the Brick-and-Mortar Store.

8. For all electronic payments, or payments made by bank transfer, the Buyer is obliged to make payment within 7 days from the date of concluding the Sales Agreement. If payment is not made within the specified period, the Seller has the right to cancel the Order.

9. If it is necessary to refund funds for a transaction made by the Buyer using a payment card, the Seller will refund the funds to the bank account assigned to the payment card within […].

10. In the case of Buyers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Buyer.

§ 8. CONDITIONS OF ORDER FULFILLMENT. DELIVERY AND TRANSPORT.

1. Orders are processed from Monday to Friday.

2. The Order fulfillment time, in particular the shipping time, depends on the payment method chosen by the Buyer. If the Buyer chooses:

a) cash on delivery and cash payment upon personal collection – the Good is shipped immediately after the Seller confirms the Order for processing,

b) regular bank transfer/online payment – the Good is shipped immediately after funds are credited to the Seller’s bank account and the Seller confirms the Order for processing.

3. Deliveries are made within the territory of the Republic of Poland and abroad.

4. Estimated delivery time for products not available in stock:

The delivery dates for products not available in stock, presented on the store pages, are estimates and are determined on the basis of information received from our suppliers or manufacturers.

Despite every effort to ensure that the information presented is as reliable and up to date as possible, the given date may change for reasons beyond the store’s control.

We recommend caution when planning production processes or other activities based on the estimated delivery date. The store is not liable for any losses resulting from relying solely on this information.

5. The Seller offers the following methods of delivery or collection of the Order:

a) personal collection at the Brick-and-Mortar Store,

b) courier shipment and cash-on-delivery courier shipment,

c) postal shipment and cash-on-delivery postal shipment,

d) parcel lockers.

6. The Seller stipulates that for specific Orders only selected delivery methods may be made available due to the dimensions and weight of the ordered Goods.

7. Delivery of Orders is subject to a fee, unless the Sales Agreement provides otherwise. Personal collection of Goods is free of charge. Delivery costs (including transport, delivery, and postal service fees) are borne by the Buyer and are added to the Order costs.

8. For the “cash on delivery” shipping option, an additional fee of PLN 3.00 (in words: three zlotys) is added to the total transaction amount. The Seller reserves the right to change this amount, provided that this amount will each time be visible during the ordering process.

9. The Seller provides the estimated delivery time in the email sent to the Buyer confirming the Order placement, and in the case of a telephone Order, during the conversation with the consultant.

10. If delivery cannot be completed for reasons attributable to the Buyer, primarily due to the absence at the place of receipt of a person authorized to collect the Order, or lack of the appropriate and exact amount to pay the full price for the Order, information will be left about an alternative place and time where the Order can be collected.

11. In the event of an unsuccessful delivery attempt, the Order will be returned to the Seller’s warehouse. Re-delivery of the Order will only be possible after the Buyer pays for the Good (if not done previously), and the shipping costs both ways (i.e., the cost of returning the Order to the warehouse and re-delivering it to the Buyer), understood as justified costs incurred by the Seller due to improper performance of the Sales Agreement by the Buyer.

12. If the Order is delivered to a Buyer who is not a Consumer via a carrier, the Buyer who is not a Consumer is obliged to examine the shipment at the time and in the manner customary for shipments of this kind. If they find that during transport there was a loss of or damage to the Good, they are obliged to undertake all actions necessary to establish the carrier’s liability.

13. The Seller recommends that Consumers, at the time of receiving the Order, pay attention to the external condition of the delivered shipment. If visible mechanical damage or other concerning reservations regarding the condition of the packaging are found (including shipment security), the Seller recommends that Consumers refuse to accept the shipment. If the external condition of the shipment raises no reservations, it is recommended that Consumers check its contents in the presence of the person delivering the shipment. In the event of any remarks regarding the technical, visual condition, or completeness of the received Order, a damage report should be drawn up. The person delivering the shipment should have the forms necessary to prepare the damage report. The damage report should state, in particular, the date and time of delivery and describe the identified damage or shortages of the Order, or the packaging, and then the signed report should be sent to the Seller to the correspondence address and/or electronically to the email address.

14. In the event of any complaint regarding the delivery and/or the Order, it is recommended to promptly notify the Seller of such an event via email: reklamacje@agricola.com.pl, or via the helpline.

15. The Seller’s liability does not cover acts or omissions of third parties, including suppliers, couriers, or others for whose acts or omissions the Seller is not responsible. As regards benefits and burdens together with the risk of accidental loss or damage to the Goods/Order, they pass to the Buyer who is not a Consumer at the moment the Seller entrusts it to a carrier engaged in transporting items of this kind for delivery to the Buyer who is not a Consumer. In such a case, the Seller shall not be liable for the carrier’s act or omission, in particular for the loss, shortage, or damage of the Order occurring from the moment the Order is accepted for transport until it is delivered to the Buyer who is not a Consumer.

§ 9. COMPLAINTS.

1. Every Service Recipient has the right to file a complaint regarding the Services provided by the Service Provider electronically, including those related to the operation and functioning of the Online Store.

2. The Service Recipient may submit a complaint:

a) by electronic means to the address: hydarulika@agricola.com.pl,

b) by traditional mail, by a letter sent to the Service Provider’s registered office address,

c) via the helpline, during its operating hours.

3. In submitted complaints, it is recommended in particular to provide:

a) an email address, and the Service Recipient who has an Account should, where possible, provide the email address used during its registration.

b) identification and contact data of the person submitting the complaint (i.e., first and last name or company),

c) the date of submission,

d) a description and information concerning the subject of the complaint, in particular the type of issues occurring in the operation of the Online Store, the functionality of the Online Store, or other Services provided electronically,

e) the requested remedy (e.g., proper functioning of specified Services, removal of errors).

4. If the information provided in the complaint is incomplete, before reviewing the complaint the Service Provider has the right to ask the Service Recipient to supplement it, if this is necessary for its proper consideration.

5. The response to the submitted complaint shall be provided by the Service Provider:

a) by electronic means to the email address indicated by the Service Recipient in the complaint, or

b) by traditional mail to the correspondence address indicated by the Service Recipient in the complaint.

6. The Service Provider will review the complaint without undue delay, no later than within 14 days from the date of its receipt. Lack of a response within the period indicated in the preceding sentence means that the Service Provider has accepted the complaint.

§ 9A. THE SELLER’S LIABILITY FOR CONFORMITY OF THE GOODS WITH THE CONTRACT. STATUTORY WARRANTY. GUARANTEE.

1. Each Product purchased in the Seller’s Store is brand new.

2. The Seller is liable to the Consumer or the Sole Proprietor for the conformity of the Goods with the sales contract under the rules set out in Chapter 5a of the Consumer Rights Act. An excerpt from the provisions governing the Seller’s liability for the conformity of the Goods with the Contract constitutes Annex No. 1 to the Terms and Conditions.

3. The Seller is liable to the Consumer or the Sole Proprietor for the lack of conformity of the Goods with the sales contract existing at the time of their delivery and revealed within two years from that moment, unless a longer period of suitability for use specified by the Seller, its legal predecessors or persons acting on their behalf applies.

4. The Seller’s liability under the statutory warranty (Articles 556 et seq. of the Civil Code) for defects of the Goods towards Buyers who are Entrepreneurs is completely excluded.

5. Goods are covered by voluntary guarantee protection if it has been granted by the Guarantor.

6. The guarantee period, if granted by the Seller, is, as a rule, one year from the day on which the Goods were delivered to the Buyer, unless the guarantee statement provides otherwise.

7. If the purchased Goods:

a) prove to be inconsistent with the guarantee statement, the Buyer has the right to use the guarantee benefits under the terms set out in that statement (applies only to Goods covered by a guarantee),

b) prove to be non-conforming with the sales contract, the Consumer as well as the Sole Proprietor has the right to exercise the rights under the Consumer Rights Act.

8. Guarantee rights and rights arising from the non-conformity of the Goods with the sales contract are independent of each other.

9. The basis for submitting a complaint under the warranty or for non-conformity of the Goods with the Sales Agreement is proof of purchase (including but not limited to: receipt, invoice, printout from the payment terminal, bank account statement).

10. The Buyer may submit complaints under the warranty or for non-conformity of the Goods with the Sales Agreement:

a) electronically at: reklamacje@agricola.com.pl,

b) by traditional post, by sending a letter to the Seller’s registered office address,

c) in person at the Seller’s registered office.

11. To streamline and expedite the complaint procedure, it is recommended to use the Complaint Form provided by the Seller on the Online Store website. The Complaint Form also constitutes Appendix no. 2 to the Terms and Conditions.

12. If the Buyer does not use the Complaint Form, it is recommended that the complaint letter in particular include:

a) an email address, whereby a Buyer who has an Account should, where possible, provide the email address used when registering the Account,

b) identification and contact details of the person submitting the complaint (i.e., first and last name or company name),

c) the date of submission,

d) a description and information concerning the subject of the complaint, in particular the type and date the defects occurred, or the non-conformity of the Goods with the Agreement,

e) the demand (i.e., what the Buyer requests—e.g., replacement, repair, price reduction, withdrawal from the Agreement—depending on the rights granted).

13. The provisions of §9 sections 4, 5 and 6 apply accordingly to submitting complaints in the manner described in this paragraph.

14. Goods supplied by the Seller should be used only in accordance with their intended purpose. Any assembly work may be performed only by trained, professional personnel. Installation instructions are supplied only with Goods for which this can reasonably be expected. The Seller is not liable for the Buyer’s or Individual Entrepreneur’s misunderstanding and independent incorrect application of the installation instructions.

15. When exercising rights under a granted warranty, the Buyer should deliver the Goods to the place indicated in the warranty or to the place where the item was handed over when the warranty was provided, unless the circumstances indicate that the defect should be removed at the place where the item was located at the time the defect was revealed. The costs of delivering the item by the Buyer are borne by the Guarantor. The Guarantor is obliged to cover the costs of delivering the Goods referred to in the preceding sentence only where such costs are economically justified.

16. When exercising rights arising from the non-conformity of the Goods with the Sales Agreement by a Consumer or an Individual Entrepreneur, the Consumer or Individual Entrepreneur shall not incur any costs resulting from such a complaint. The Consumer or Individual Entrepreneur is only obliged to make the complained-about Goods available to the Seller, while the Seller is obliged to collect these Goods at its own expense.

17. Detailed information on the procedure for handling Goods complaints can be obtained by contacting the Seller’s helpline.

§ 9B. PROVISIONS APPLICABLE EXCLUSIVELY TO ENTREPRENEURS.

1. The Seller’s liability towards a Buyer who is an Entrepreneur, regardless of its legal basis, is limited—both within a single claim and for all claims in total—to the amount of the price paid and delivery costs under the Sales Agreement.

2. The Seller has the right to withdraw from a Sales Agreement concluded with a Buyer who is an Entrepreneur within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without stating a reason and does not give rise to any claims by the Buyer against the Seller.

§ 10. RIGHT OF WITHDRAWAL FROM THE AGREEMENT.

1. The provisions of this paragraph apply only to Agreements in which the Buyer is a Consumer or an Individual Entrepreneur.

2. A Consumer, as well as an Individual Entrepreneur, has the right to withdraw from a Sales Agreement and an Agreement for the provision of electronic services, concluded at a distance, without giving any reason.

3. Withdrawal is made by submitting a statement of withdrawal from the Agreement.

4. The time limit for withdrawal from the Agreement is 14 calendar days, counted in accordance with section 6 below. To meet this deadline, it is sufficient to send the statement before the expiry of that period.

5. In the event of withdrawal from the Agreement, it is considered not concluded.

6. As a rule, the period referred to above begins:

a) in the case of Sales Agreements—from the date the Goods are handed over/delivered to the Consumer or Individual Entrepreneur; provided that if the Agreement covers multiple Goods delivered separately, in batches or in parts, the period runs from the date of delivery of the last Good, batch or part.,

b) in the case of Agreements for the provision of electronic services—from the date the Agreement is concluded.

7. The Seller recommends using its ready-made withdrawal document available on the Online Store website. However, this is not mandatory and does not affect the effectiveness of the submitted statement. The return form and the return and exchange form constitute Appendices no. 3 and 4 to the Terms and Conditions.

8. The statement of withdrawal from the Agreement should be provided to the Seller:

a) electronically at: reklamacje@agricola.com.pl,

b) by traditional post, by sending a letter to its registered office address, with the note “return of goods”.

9. If the statement of withdrawal from the Agreement is sent electronically, the Seller shall promptly send to the Consumer’s or Individual Entrepreneur’s email address a confirmation of receipt of such statement.

10. A Consumer or an Individual Entrepreneur has the right to withdraw from the Agreement without incurring costs, except for the following costs in connection with the Sales Agreement:

a) additional costs incurred due to choosing a delivery method for the Goods other than the cheapest standard delivery method offered by the Seller,

b) direct costs of returning the Goods (shipping costs), including the Buyer’s own travel to the Seller to return the Goods.

11. The Consumer or Individual Entrepreneur is obliged to return the Goods to the Seller immediately, i.e., no later than within 14 days from the date on which they withdrew from the Sales Agreement. To meet this deadline, it is sufficient to send the Goods before the deadline expires. The Goods may also be returned in person, or by handing them over for collection to a person authorized by the Seller.

12. The Seller does not accept cash-on-delivery parcels.

13. A Consumer or an Individual Entrepreneur may not withdraw from a Sales Agreement if its subject is a non-prefabricated item, manufactured according to the Consumer’s or Individual Entrepreneur’s specifications or serving to satisfy their individualized needs. This applies in particular to Goods that are modified for the Buyer or manufactured from scratch according to their order.

14. The Consumer or Individual Entrepreneur is liable for any diminished value of the Goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning. At the same time, the Consumer or Individual Entrepreneur is responsible for packaging and choosing such a method of returning the Goods that they reach the Seller intact, in particular not deteriorated and undamaged.

15. The Seller shall, no later than within 14 days from the date of receipt of the Consumer’s or Individual Entrepreneur’s statement of withdrawal from the Agreement, refund all payments made by them, subject to section 10.

16. The Seller will make the refund using the same payment method, unless the Consumer or Individual Entrepreneur expressly agrees to a different refund method that will not involve any costs for them.

17. If the Seller has not offered to collect the Goods from the Consumer or Individual Entrepreneur, the Seller may withhold the refund of the received payments until the Goods are received back or the Consumer or Individual Entrepreneur provides proof of having sent them back—whichever occurs first.

18. Detailed information on the procedure for returning Goods can be obtained by contacting the Seller’s helpline.

§ 11. FINAL PROVISIONS.

1. The Seller processes the Buyer’s personal data in connection with the Buyer’s use of the functionalities of the Online Store. Detailed information on the processing of personal data is set out in the document: “Privacy Policy”—made available on the Online Store website.

2. The Seller publishes all Goods, names and trade marks solely for identification purposes, which means they may be protected trademarks of their respective owners.

3. In the event of any discrepancies in prices presented in the Seller’s various Stores—the prices of the Goods displayed in a specific Online Store apply only when placing Orders via that store. When placing Orders by means of distance communication (by phone or by email), the prices agreed each time between the Seller’s representative and the Buyer apply. In the Brick-and-Mortar Store and on Allegro, the prices specified therein apply.

4. The Seller makes every effort to ensure that information regarding the Goods it presents is consistent with the manufacturers’ catalogue data.

5. Product photos may differ from their actual appearance due to the Buyer’s individual device settings (in particular such parameters as color or proportions of the Goods).

6. All photographs of the Goods, as well as their descriptions, are the property of the Seller. Copying and using these contents without the Seller’s knowledge is prohibited.

7. The Seller is not responsible for any technical problems or limitations present in the Buyer’s computer hardware, end device, ICT system or telecommunications infrastructure that prevent proper use of the Online Store or individual services provided electronically.

8. In matters not regulated by the Terms and Conditions, the provisions of generally applicable law apply. The law governing legal relationships to which the provisions of the Terms and Conditions apply is Polish law.

9. If any provision of the Terms and Conditions is held invalid or unenforceable, this shall not affect the remaining provisions.

10. The provisions of the Terms and Conditions do not exclude or limit any rights of Buyers who are Consumers or Individual Entrepreneurs to which they are entitled under generally and strictly applicable provisions of law, in particular the Consumer Rights Act. In the event of any conflict between the provisions of the Terms and Conditions and those provisions, the provisions of generally and strictly applicable law shall always prevail.

11. The Seller does not use individual price adjustments based on automated decision-making.

§ 13. ENTRY INTO FORCE AND AMENDMENTS TO THE TERMS AND CONDITIONS.

1. The Terms and Conditions are effective from 25.07.2023.

2. Orders placed before the entry into force of amendments to the Terms and Conditions shall be governed by the provisions of the Terms and Conditions in force at the time the Order was placed.

3. The Seller reserves the right to amend the Terms and Conditions, in particular in the event of changes to the Store’s functionalities and changes to generally applicable laws. The Seller shall notify Buyers who have an Account of any change to the Terms and Conditions 14 days before the entry into force of the new Terms and Conditions, by sending a message by electronic means to the email address provided by the Buyer within the Account. If the Buyer does not accept the new content of the Terms and Conditions, they are obliged to inform the Seller within 14 days from the date of receipt of the message, which results in termination of the Agreement for the provision of electronic services.

4. The Appendices to the Terms and Conditions are:

a) Appendix no. 1 – Extract from the Consumer Rights Act.

b) Appendix no. 2 – Complaint Form.

c) Appendix no. 3 – Return Form.

d) Appendix no. 4 – Return and Exchange Form.