TERMS AND CONDITIONS - (for Entrepreneurs)
The brand chocolatedubai.pl exclusively sells its products to BUSINESSES and INSTITUTIONS.
(We do not sell our products to Consumers).
These terms and conditions establish the general rules for conducting sales through the chocolatedubai.pl online service, including the store operating at www.chocolatedubai.pl, which is operated by the Seller.
Whenever this Regulation mentions:
Seller - it should be understood as the Company: Ricce sp. z o.o., in Katowice (40 - 833),at ul. Walerego Sławka 5/16, NIP: 6343022903.
Consumer - this should be understood as a natural person making purchases through the store operating at www.chocolatedubai.pl in activities not directly related to their business or professional activities.
Customer - this should be understood as: a natural person with at least limited legal capacity and over 18 years of age, as well as a legal entity or an organizational unit without legal personality, with legal capacity and legal capacity, not being a Consumer.
Store - this should be understood as: an online store operated by the Seller at the website www.chocolatedubai.pl.
Goods - this refers to the products presented on the website www.chocolatedubai.pl offered by the Seller for sale.
Base Price - this should be understood as the net price of the product placed next to the product information on the website www.chocolatedubai.pl, which does not include the cost of product delivery and VAT. This price forms the basis for determining the selling price of the product ordered by the Customer.
Selling Price - the gross price of the product, which includes all the terms of order fulfillment, including delivery costs, and which has been established in accordance with this Regulation.
Carrier - this refers to the courier company cooperating with the Seller, to whom the Seller, in accordance with the Customer's instructions, has commissioned the delivery of the ordered Goods to the delivery address specified by the Customer.
Delivery Costs - these refer to the charges for delivering the Goods to the Customer.
Order - this refers to the Customer's statement of intent, directly aiming to conclude a sales agreement for the Goods presented on the website www.chocolatedubai.pl offered by the Seller for sale through the chocolatedubai.pl online service, submitted by the Customer in accordance with these Regulations.
Cookies - this refers to small text information sent by the www.chocolatedubai.pl service and stored on the Customer's side when concluding agreements through the www.chocolatedubai.pl online service as provided for in this Regulation.
Cart - this refers to the store's software component that allows the determination and modification of Goods order data in the store, including, in particular, the type and quantity of ordered goods, as well as the price corresponding to the price indicated on the www.chocolatedubai.pl website at the time of placing the order by the Customer and the data necessary to conclude and execute the sales agreement, namely: the Customer's name or the designation of the entity that is not a natural person, its name and organizational and legal form, registered office, full address, delivery address of the Goods, email address, contact phone number, NIP.
Regulation - this refers to this Regulation.
Sales Agreement - this refers to a sales agreement in accordance with the provisions of the Civil Code concluded between the Customer and the Seller.
User - this refers to all persons who, in any way, use the online service operating at www.chocolatedubai.pl.
The information placed on the www.chocolatedubai.pl website does not constitute an offer within the meaning of the Civil Code. They constitute an invitation for Customers to make offers, so merely placing an order by the Customer is not sufficient to conclude a sales agreement. When the Customer follows the order placement procedure via the Cart on the www.chocolatedubai.pl website, they make an offer to the Seller to purchase specific Goods.
The Seller reserves the right to change the characteristics of the Goods offered by the Seller for sale through the chocolatedubai.pl online service operating at www.chocolatedubai.pl. In the event of a change in the characteristics of the Goods after the Customer has placed an order, the Customer is informed of this by email immediately after the Seller receives the order. In such a situation, the Customer has the right to cancel the order, which they should promptly inform the Seller by email or fax.
The base prices indicated on the Store's website do not include the costs of delivering Goods to the Customer. During the purchase process, by adding items to the Cart, information about delivery costs is presented in the Cart after the Customer selects the delivery method and payment method. Delivery costs are added to the VAT invoice issued to the Customer, in accordance with the provisions of this Regulation.
REGISTRATION AND ORDERING CONDITIONS
The Customer can place orders as specified in this Regulation 7 (seven) days a week, 24 hours a day.
The Customer may place an Order by:
Selecting the Goods to be ordered through the Store by adding them to the Cart and confirming the list of Goods in accordance with the Store's procedure,
After reviewing and accepting the provisions of this Regulation and after registering and/or logging in on the above-mentioned website.
Placing an order by the Customer in the manner described in point 2 above is tantamount to making an offer to conclude a sales agreement for the Goods subject to the order. The above offer is binding from the moment the Seller confirms the order in accordance with this Regulation until the completion of the order fulfillment procedure by the Seller.
The Customer's acceptance of the provisions of the Regulation occurs after selecting the appropriate option when placing an order through the Cart.
The registration process is carried out by the Customer only once. For each subsequent Order, the Customer uses the login and password previously established in the information system. After the first use of the login and password established by the Customer, they have the option to update the information provided during registration.
Both the login and password are confidential. The Seller is not responsible for operations performed by third parties who have gained access to the Customer's account as a result of the Customer not keeping the login and password to the account confidential.
ORDER FULFILLMENT AND SALES AGREEMENT
After placing an order, the Customer will receive an order confirmation from the Seller sent to the email address provided by the Customer. The confirmation acknowledges the Seller's acceptance of the order for fulfillment and specifies the terms of fulfillment, including the selling price of the goods, the delivery date to the Carrier, the delivery cost, or the date of readiness for the goods to be picked up at the Seller's premises, as well as the payment terms. The order confirmation is the Store's statement of accepting the offer as described in point II, paragraph 3 above, resulting in the conclusion of a sales agreement.
The terms of the sales agreement are defined by this Regulation, applicable legal provisions, and individual agreements made between the Seller and the Customer in connection with placing an order. The sales agreement for goods is concluded in accordance with Polish law and in the Polish language.
The Seller provides information about the offered Goods on the website www.chocolatedubai.pl and sells these Goods over the Internet. Prices on the www.chocolatedubai.pl website are provided in Polish Złoty and other European currencies, do not include VAT, and do not include information about shipping costs or potential customs fees.
The price for the sale of Goods indicated by the Seller on the www.chocolatedubai.pl website at the time the Customer places an order binds the Parties unless separate arrangements are made.
In the case of the Customer selecting the "Prepayment" payment method, there may be a situation where, between the placement of the order by the Customer and the actual payment (receipt of funds in the Seller's account), the product's price changes (due to changes in current stock) or the Goods are sold to another Customer who has paid for the order earlier. In such a situation, the Customer will be informed of this event, and the Parties will mutually determine the next steps. The Customer can, in this situation, agree to the price change or cancel part or all of the order.
The total order value is presented in the Cart after the Customer selects the delivery method and payment method.
The Seller reserves the right to make ongoing changes in product prices, conduct and withdraw all types of promotional actions, and sales. The right mentioned in the previous sentence does not affect orders placed before the effective date of the price change, terms of promotional actions, or sales.
The Seller has the right to refuse order fulfillment for orders that are:
Placed on an incorrectly completed order form,
Not confirmed as required by this Regulation,
Placed in violation of this Regulation.
The Seller fulfills orders from Monday to Friday between 8:00 AM and 4:00 PM, excluding public holidays.
Orders placed by the same Customer are processed in the order they were received, unless the Parties agree otherwise.
The transfer of the Goods to the Carrier for delivery to the Customer occurs on the day the order is placed, provided that:
The order is confirmed,
The payment is credited to the Seller's bank account based on a proforma invoice or an order from the online store in the case of a bank transfer payment option ("Prepayment"), or after the order is paid with "Electronic Payments" if this payment option is selected, or when choosing the "Cash on Delivery" option, which is payable to the Courier, and
All ordered Goods are available, unless otherwise agreed.
If, due to force majeure, it is not possible to fulfill the order by the Seller within the previously specified time, the Seller has the right to postpone the delivery date until the force majeure situation ceases to exist and its effects, or if it is not possible to determine that date, the Seller will be entitled to partially or completely withdraw from the sales agreement.
DELIVERY OF ORDERED GOODS
The seller delivers the goods ordered by the Customer through a Carrier, at the Customer's expense. The packaging of the goods ensures their integrity.
The delivery costs of the Goods are presented in the Cart after the Customer selects the delivery method for the order and the payment method. These costs are also confirmed when the order is processed, as mentioned above.
The detailed terms and conditions for the delivery of shipments by the Carrier are specified in the Carrier's Service Terms and Conditions, available on their website.
The goods covered by the Order are delivered to the Customer by the Seller along with a proof of sale, which is a VAT invoice if the Customer has provided the necessary information for its issuance; otherwise, the Customer will receive a fiscal receipt.
Assembly and operation instructions for each product can be found on the website www.chocolatedubai.pl for the respective product.
Deliveries are made within the territory of the Republic of Poland, other European Union countries, and other European countries, subject to prior individual agreements.
The goods can be personally collected by the Customer or a person authorized by them (authorization requires written form) at the Seller's warehouse, after confirmation of the exact pickup date by the Seller through email or fax.
Delivery is made to the address provided by the Customer, with at least the recipient's details and the postal delivery address specified. The delivery location indicated by the Customer must allow for acknowledgment of receipt of the goods by the recipient.
The responsibility for any damage or loss of the goods after they have been handed over to the Carrier rests with the Carrier.
The Customer is obligated to inspect the condition of the shipment (its completeness and integrity) and confirm the conformity of the goods with the order in the presence of the Carrier delivering the goods by signing. Any discrepancies should be documented.
In case of delay by the Customer in taking delivery of the Goods, the Seller has the right to specify a new delivery date. In this case, the Customer always bears the cost of redelivery of the Goods.
TERMS AND PAYMENT DEADLINE
Payment of the sale price of the Goods can be made by the Customer as follows:
By bank transfer to the Seller's bank account based on a pro forma invoice or order confirmation (email) provided to the Customer by the Seller in electronic form.
In cash in the case of personal pickup, i.e., payment at the Seller's headquarters and pickup at the warehouse.
In cash in the case of the Goods being delivered to the Customer by the Carrier (Cash on Delivery) – this option is available only in Poland.If the Parties have agreed on a payment deadline, the deadline starts from the date of issuing the VAT invoice, and the day of payment is considered the day when the Seller's account is credited with the amount specified in the VAT invoice.
The Seller reserves the right to retain ownership of the Goods until the Customer has paid the final sale price of the Goods in accordance with the provisions of these Regulations.
The Customer is not authorized to combine the Goods with any other movable property or process it until the full sale price of the Goods has been paid in accordance with the provisions of these Regulations. Until the full sale price of the Goods is paid, the Customer may not dispose of the Goods or allow them to be used by a third party.
COMPLAINT OF GOODS AND SELLER'S LIABILITY
The Seller is liable to the Customer under general principles as specified in the Civil Code, with the provisions contained in the Regulations reserved.
The Seller is responsible to the Customer for the physical defects of the goods. In the event of discovering a physical defect in the Goods, the Customer should promptly inform the Seller in writing (complaint) by registered letter sent to the Seller's address within 7 (seven) calendar days from the date of receiving the goods.
When filing a complaint as described above, the Customer is obliged to return the Goods to the Seller. The Goods subject to complaint should be returned to the Seller in the original packaging, in a condition that allows for safe transport.
The Seller will respond to the reported complaint within 14 days and inform the Customer of further proceedings.
After filing a complaint, the Customer may not use the Goods in any way that may affect the condition of the Goods.
The Seller undertakes to remedy defects or exchange the Goods for those free of defects as soon as possible, but no later than within fourteen business days from the date of the Customer delivering the Goods subject to complaint to the Seller.
The Customer loses the rights resulting from the warranty in the following cases:
If any repairs or modifications to the Goods are made by the Customer or entrusted to a third party.
If the Goods are used or stored in a manner inconsistent with their purpose and characteristics.
If the Goods are assembled in a manner inconsistent with the instructions.
If the Customer fails to meet the obligation to inspect the condition of the shipment and confirm the conformity of the Goods with the order in terms of quantity and quality in the presence of the Carrier, and if a defect is discovered later, the Customer does not inform the Seller about the defect within the time frame specified in point 2 above.
The Seller is not liable to the Customer for damages resulting from delays in carrying out repairs or replacing the Goods.
The Seller's liability under the warranty is limited to actual losses and does not cover lost profits, and it cannot exceed the amount of the sale price of the Goods.
PERSONAL DATA PROTECTION
By registering on the website www.chocolatedubai.pl, the Customer consents to the collection and processing of personal data by the Seller provided during the order process through the Store or submitted in an order sent to the Seller via email, in accordance with the Act of August 29, 1997, on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926 as amended), for the purpose of establishing, shaping the content, amending, or terminating the sales agreement. These data will not be disclosed to other entities, with the exception of the point below.
The provision of personal data by the Customer is voluntary, but the lack of consent to the processing of personal data makes it impossible to register and fulfill the Customer's orders by the Seller through the website www.chocolatedubai.pl.
The Customer can additionally consent to receiving promotional and commercial information from the Seller, including by means of electronic communication. This consent is granted by the Customer by selecting the appropriate option when placing an order through the Store or in a separate statement when placing orders via email. Granting consent is not a condition for order fulfillment.
The administrator of the personal data provided by the Customer is the Seller, namely: Ricce sp. z o.o., 40 – 833 Katowice, ul. Walerego Sławka 5/16.
The administrator of the personal data provided by the Customer is also the Carrier, who processes them for the purpose of delivering the shipment to the Customer
Personal data are processed by administrators in accordance with the security principles required by the Act of August 29, 1997, on the Protection of Personal Data.
The Customer has the right to access the content of their personal data, correct them, and request their deletion.
NEWSLETTER
The customer has the option to subscribe to the Seller's informational newsletter (Newsletter) by providing an email address in the window placed on the website www.chocolatedubai.pl.
The customer will receive the Newsletter electronically at the email address they provide if they voluntarily agree to receive electronic correspondence from the Seller and give additional consent for the processing of personal data as mentioned above.
The customer can unsubscribe from the Newsletter at any time by clicking on the link included in the email containing the Newsletter or by sending an email request to be removed to biuro@chocolatedubai.pl.
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
The customer is obligated to:
Use the www.chocolatedubai.pl website in accordance with the applicable legal provisions, the Regulations, and good practices.
Cover the costs associated with using software enabling the use of the www.chocolatedubai.pl website, e.g., data transmission costs.
Provide accurate information in the order form and in the order consistent with the actual state.
Not use the www.chocolatedubai.pl website for making fictitious transactions.
The customer declares that all information provided in any form in connection with their use of the www.chocolatedubai.pl website and during transaction processing is true and in accordance with their best knowledge.
The Seller has the right to temporarily suspend the offering of specific Goods for sale while performing technical maintenance and modernization of the www.chocolatedubai.pl website.
The Seller has the right to terminate the sales agreement in the event of the Customer's breach of these Regulations, including the provision of false data, including payment-related information.
All users of the www.chocolatedubai.pl website are prohibited from sending unlawful content or content contrary to the principles of social coexistence.
FINAL PROVISIONS
Correct use of the www.chocolatedubai.pl website by the user depends on their computer system meeting the following minimum technical requirements: internet access from any electronic device with a web browser.
During the use of the www.chocolatedubai.pl website, cookies are installed in the customer's computer system. Allowing the installation of cookies is a condition for using the services provided by the Seller electronically.
The rights and obligations of the Seller, Customers, and Users are determined by the Regulations.
The Seller is entitled to make changes to this Regulations with future effect. Changes to the Regulations come into force upon their publication on the Store's website. Changes cannot affect the rights of Customers resulting from orders placed before the change.
Reproduction and any use of images of Goods, graphic elements, promotional and informational materials, and descriptions of Goods found on the www.chocolatedubai.pl website without the written consent of the Seller are prohibited.
This Regulations constitutes an integral part of the sales agreements concluded by the Seller with the Customers. The Regulations are available to Customers free of charge through the www.chocolatedubai.pl website in electronic form, which allows for downloading, saving, and printing. Any disputes arising in connection with the fulfillment of an order placed by the Customer will be settled by the common court having jurisdiction over the Seller's registered office.
GDPR - (General Data Protection Regulation)
"In compliance with the information obligation arising from the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as "GDPR," we hereby inform you that we process your personal data:
I. The administrator of your personal data is Ricce sp. z o.o. with its registered office in Katowice, at Walerego Sławka 5/16 (hereinafter: "Administrator").
II. Contact details of the Administrator: Walerego Sławka 5/16, 40-833 Katowice, email: biuro@chocolatedubai.pl.
III. Below, we indicate the purposes and legal basis for processing your personal data:
for the purpose of taking action before the conclusion of a contract, and then for its performance (legal basis: Art. 6(1)(b) of the GDPR)
to fulfill legal obligations incumbent on the Administrator under applicable legal provisions, including tax, reporting, and accounting (to be completed by the Administrator depending on the specific case - type of contract, counterparty) (legal basis: Art. 6(1)(c) of the GDPR)
to the extent and for the purpose for which separate consent has been granted by you (legal basis: Art. 6(1)(a) of the GDPR)
for the purpose of determining, investigating, or defending against claims, which is our legitimate interest (legal basis: Art. 6(1)(f) of the GDPR)
for the purpose of evaluating services provided, customer satisfaction surveys, which is our legitimate interest (legal basis: Art. 6(1)(f) of the GDPR)
for the purpose of contact, information exchange, which is our legitimate interest (legal basis: Art. 6(1)(f) of the GDPR)
for archival (evidence) purposes to secure information and data in case of the need to prove facts, which is our legitimate interest (legal basis: Art. 6(1)(f) of the GDPR)
for direct marketing, which is our legitimate interest (legal basis: Art. 6(1)(f) of the GDPR)
to fulfill other legitimate interests of the Administrator or a third party arising from the performance of the contract (legal basis: Art. 6(1)(f) of the GDPR)
IV. If you provide consent, you have the right to withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent before its withdrawal.
V. Your personal data will be processed for the duration of the contract, until the end of the limitation period for potential claims, and after this period for the time required by the applicable legal provisions, and in the case of the legitimate interests of the Administrator for the duration of their implementation. With regard to data for which you have given your consent, they will be processed until you withdraw your consent.
VI. Your personal data may be disclosed to:
entities from which the Administrator uses services in connection with the contract, i.e., entities providing advisory, human resources and payroll, accounting, tax, legal, accounting, IT, telecommunications, audit, transport, and logistics services.
other recipients, i.e., business partners, courier companies, entities engaged in payment services (banks, payment institutions), debt collection companies, debt purchasing companies, economic information bureaus, entities and authorities authorized to receive data under the law.
VII. Personal data will not be transferred to a third country or international organization.
VIII. You have the right to request the Administrator to access your personal data, correct, delete or limit the processing, and the right to object and the right to data portability, in accordance with the criteria set out in the GDPR (Art. 15-22 of the GDPR).
IX. You have the right to object to the processing of data for direct marketing purposes, as well as due to your particular situation (which should be indicated) in the case of data processing by the Administrator on the basis of Art. 6(1)(f) of the GDPR, i.e., processing of data for purposes resulting from legitimate interests.
X. You also have the right to lodge a complaint with the supervisory authority (President of the Personal Data Protection Office or another competent supervisory authority) if you believe that the processing of personal data violates the provisions of the GDPR.
XI. Providing your personal data is voluntary, but necessary to conclude a contract with the Administrator. Providing data necessary to fulfill the obligations incumbent on the Administrator is a statutory requirement arising from applicable legal provisions.
If you do not provide data:
we may refuse to conclude a contract
you may lose the rights arising from the contract
it may prevent the fulfillment of obligations and rights arising from the contract."
COOKIE POLICY
1. In connection with making the content of the chocolatedubai.pl website available, so-called cookies are used, i.e., information saved by servers on the user's end device, which servers can read each time the end device connects, and may also use other technologies with functions similar or identical to cookies.
- Cookies are typically used by websites to:
- maintain the user's session on the website (after logging in), thanks to which the user does not have to re-enter their login and password on each subpage of the website,
- customize the website's content to the user's preferences and optimize the use of websites; in particular, these files allow the user's device to be recognized and display the website tailored to their individual needs,
- create statistics that help understand how website users use websites, allowing for the improvement of their structure and content,
- provide users with advertising content better tailored to their interests.
- In the chocolatedubai.pl website, the following types of cookies may be used:
- "necessary" cookies, enabling the use of services available on the website, e.g., authentication cookies used for services that require authentication on the website,
- security cookies, e.g., used to detect abuse in the field of website authentication,
- "performance" cookies, enabling the collection of information on the use of the website pages,
- "functional" cookies, enabling "remembering" the user's selected settings and personalizing the user's interface, e.g., in terms of the selected language or region from which the user comes, the font size, the appearance of the website, etc.
- files allowing the correct display of the website, e.g., slides.
- In many cases, web browsing software (web browsers) defaults to allowing the storage of cookies on the user's end device. Users of the website can change cookie settings at any time. These settings can be changed, in particular, to block the automatic handling of cookies in the web browser settings or to be notified of their placement on the user's end device on each occasion when using the website. Detailed information about the possibilities and methods of handling cookies is available in the software settings of the web browser. Failure to change the cookie settings means that they will be placed on the user's end device, and, as a result, we will store information on the user's end device and gain access to this information.
- Disabling the use of cookies may cause difficulties in using some of our online services, particularly in the context of login requirements and page display. However, disabling the option to accept cookies does not prevent the ability to read or view content posted on the chocolatedubai.pl website, with the exception of content that requires login access.
