I. General provisions

 

1. AJMARAYA online store operating at the following address:, run by the Llamerada Foundation, with headquarters: 48-200 Dębowiec 11a, operating under the NIP number: 7551934110, REGON: 368888931.

 

2. These Online Store regulations define the rules for making purchases in the AJMARAYA online store, in particular the rules and procedure for concluding distance sales contracts via the Store, as well as the complaint procedure and the procedure for withdrawing from the contract by the Consumer.

 

3. In terms of services provided electronically, these regulations are the regulations referred to in art. 9 of the Act on the provision of electronic services of July 18, 2002. (i.e. Journal of Laws of 2020, item 344, as amended).

 

4.The Regulations are addressed to all customers of the Store. All customers are required to read the provisions of the Regulations before making a purchase.

 

5. Each customer is obliged to comply with the provisions of the Regulations. The sale takes place on the basis of the version of the Regulations in force at the time of placing the order.

 

6.Each customer has the option to read the Regulations at any time by clicking on the "Store Regulations" hyperlink on the Store's website. The regulations can be downloaded and printed at any time.

 

7.All information on the Store's website relating to the products (including prices) does not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended) .), but an invitation to conclude a contract, pursuant to Art. 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended). By sending the Order Form, the Customer submits an offer to buy the selected Good for the price and under the conditions specified in the description.

 

II. Definitions

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   Statute- this set of regulations organizing the rules of using the Store's services by customers.

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   Consumer-  client who is a natural person using the Online Store for purposes not directly related to his business or professional activity or who is a natural person who has concluded a Sales Agreement directly related to his business, if its content shows that it does not have a professional character for him, resulting in particular from the subject of his economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

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   Client- a natural person (including a Consumer) who is at least 13 years of age (provided that he has obtained the consent of a legal representative), a legal person and an organizational unit that is not a legal person, whose special provisions grant legal capacity, which uses the services provided by the Store.

Order form - a service available on the Store's website, through which the Customer can make a purchase, in particular by adding Goods to the basket and defining certain conditions of the Sales Agreement, including method of delivery and payment.

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   Basket- an element of the Store in which the Goods selected by the Customer are visible and in which the Customer has the option to determine and modify the Order data, including the quantity of products purchased.

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   Store- website belonging to the Seller, available under the domain:www.ajmaraya.comthrough which the Customer can purchase Goods from the Seller.

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   Seller- Llamerada Foundation with its registered office: 48-200 Dębowiec 11a, entered into the register of associations kept by the District Court in Opole, VIII Commercial Division, under the KRS number: 0000707207, NIP: 7551934110, REGON: 368888931, which, when conducting a gainful or professional activity, proposes to sell for using your website.

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   Commodity- a movable item that is traded between the Store and the Customer, whose terms of sale are specified in the Order Form.

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   Sales agreement- a distance contract for the sale of Goods concluded by the Customer via the Store, usually through the Order Form.

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III. Acceptance and execution of orders

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1. The condition for using the Store is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.

 

2. The online store conducts retail sales related to alpaca wool products and other handicrafts made by volunteers of the Llamerada Foundation. Sales are carried out via the Internet with shipping within the European Union.

 

3.Orders are accepted via the Order Form by correctly providing their data, including shipping details, to which the Goods are to be sent, as well as telephone number and e-mail address.

 

4. If the data is incomplete, the Seller will contact the Customer. If contact with the customer is not possible, the seller has the right to cancel the order.

 

5.During the ordering process, the customer may express the will to receive a VAT invoice. The VAT invoice may be attached to the shipment or sent electronically to the e-mail address.

 

6. All prices listed in the Online Store are gross prices expressed in Polish zlotys. The given prices do not include shipping costs.

 

7. After placing the order, the Customer will receive a reply to the e-mail address provided, confirming the receipt of the order by the Online Store. From that moment on, it is not possible to make changes to the Order.

 

8. The time of commencement of the Order fulfillment is the moment the payment is credited to the bank account specified in the Order confirmation (in the case of payment by bank transfer) or with the payment of the Order (in the case of PayPal).

 

9.An order placed and not paid within 7 days will be canceled. The customer receives a notification about the cancellation of the Order to the e-mail address provided.

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IV. Shipping costs and date

 

1. Orders with delivery to the address are processed within one business day. The period of delivery should be added to this period, the duration of which depends on the method of delivery.

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2. In the case of individual orders at the customer's request, the completion date is agreed individually with the customer.

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3.The Seller reserves the right to have periods of extended order fulfillment for reasons beyond the Seller's control, about which the Seller will inform on an ongoing basis on the main page of the Online Store. The occurrence of periods of extended period of order fulfillment does not require changes to the Regulations in point 4 paragraph 1.

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4. The customer is charged with the delivery costs specified in the delivery price list, available on the website in the delivery tab.

 

V. Withdrawal from the sales contract

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1. The Customer who is a Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

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2. The period for withdrawal from the Sales Agreement starts from the moment the Customer takes possession of the Goods, which is understood as, inter alia, delivery of the parcel to the address indicated by the customer. The Customer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Service Provider. The statement may be submitted on the form, the specimen of which was posted by the Seller in the Online Store, in the tabReturns. To meet the deadline, it is enough to send a statement before its expiry.

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

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4. If the Customer submitted a declaration of withdrawal from the Sales Agreement before the Service Provider accepted his offer, the offer ceases to be binding.

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5. The Service Provider is obliged to immediately, not later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the Sales Agreement, return the value of the returned Goods to him. In the event of withdrawal from the Sales Agreement in full, the Service Provider is obliged to reimburse the costs of delivery of the Goods (in the amount of the cheapest delivery available on the day of ordering). The Service Provider may withhold the reimbursement of payments received from the Customer until the Goods are returned or the Customer provides proof of the return of the Goods, whichever occurs first.

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6. In the event of withdrawal from the Sales Agreement in full, the Service Provider is obliged to reimburse the costs of delivery of the Goods (in the amount of the cheapest delivery available on the day of ordering). In the event of a partial withdrawal from the Sales Agreement, the Service Provider is not obliged to refund the cost of delivery of the Goods, unless failure to purchase the returned part of the Goods would reduce the value of the delivery. In this case, the Service Provider will return the appropriate part of the value of the cheapest delivery available on the day of placing the order.

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7. The Service Provider may withhold the reimbursement of payments received from the Customer until the Goods are returned or the Customer provides proof of the return of the Goods, whichever occurs first.

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8. If the Customer exercising the right to withdraw from the Sales Agreement chose a delivery method other than the cheapest delivery method offered by the Service Provider, the Service Provider is not obliged to reimburse the Customer for additional costs incurred by him.

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9. The Customer is obliged to return the Goods to the Service Provider immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the following address: Fundacja Llamerada 48-200 Dębowiec 11a before the deadline.

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10. In the event of withdrawal from the Sales Agreement, the Customer shall bear the costs of returning the Goods. If the Customer fails to collect the Goods, which is presumed to be a withdrawal from the Agreement, the Customer is charged with the costs of returning the Goods to the Seller.

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11. The Customer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.

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12. The Service Provider shall refund the payment using the payment method used by the Customer.

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VI. Warranty

 

1. The Service Provider ensures the delivery of the Goods free from physical and legal defects. The service provider is responsible to the customer for physical or legal defects.

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2. If the Product has a defect, the Customer may:  

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   A. submit a declaration of price reduction or withdrawal from the Sales Agreement - unless the Service Provider, immediately and without undue inconvenience to the Customer, replaces the defective Product with a Product free from defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Service Provider or the Service Provider has not satisfied the obligation to replace the Product with a non-defective one or to remove defects. The Customer may, instead of the removal of the defect proposed by the Service Provider, request the replacement of the Product with a Product free from defects, or instead of the replacement of the Product, request the removal of the defect, unless it is impossible to bring the Product into conformity with the contract in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Service Provider. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed;

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   B. demand replacement of the defective Product with a Product free from defects or removal of the defect. The Service Provider is obliged to replace the defective Product with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer. The Service Provider may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Sales Agreement. The cost of repair or replacement is borne by the Service Provider.

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3. The customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Service Provider. In the case of a Customer who is a Consumer, the cost of delivering the Goods is covered by the Service Provider.

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4. The Service Provider is liable under the warranty if a physical defect is found within two years of the Goods being delivered to the Customer. A claim for the removal of a defect or replacement of the Product with a Product free from defects expires after one year, but this period may not end before the expiry of the period specified in the first sentence.

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5. If the Customer requested replacement of the Product with a Product free from defects or removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or removing the defect.

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VII. Complaints

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1. Any complaints related to the Goods or the implementation of the Sales Agreement may be submitted by the Customer in writing to the following address: Fundacja Llamerada 48-200 Dębowiec 11a or electronically to the following address: fundacja@llamerada.org.pl

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2. The Service Provider will respond to the submitted complaint within 14 days from the date of its delivery.

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VIII. Privacy policy and personal data protection

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1. The Service Provider is the administrator of databases of personal data provided by the Customer of the Online Store in connection with the Orders placed.

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2. Issues related to the protection of personal data are regulated in the Service Provider's Privacy Policy.

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3. The Customer's personal data may be made available by the Online Store to other recipients of personal data than the Service Provider, specified in par. III Privacy Policy, including in particular:

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   A. PayPal SA with its seat in Warsaw (address: ul. Emilii Plater 53, 00-113 Warsaw), entered into 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 number KRS 0000289372, to the extent necessary for the execution of payments;

   B. ING Bank Śląski SA with its registered office in Katowice (address: Sokolska 34, 40-086 Katowice), entered into the register of entrepreneurs kept by the District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register under number 0000005459 ("Bank") to the extent referred to in Art. 6 sec. 1 lit. f) of the Regulations, i.e. (ii) handling and clearing by the Bank of payments made by customers of the Online Store with the use of payment instruments via the Internet; (iii) in order for the Bank to verify the proper performance of contracts concluded with the Online Store, in particular to ensure the protection of the interests of payers in connection with their complaints;

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 4. In the event that the transfer of the Customer's personal data takes place:

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   A. in order to conclude a Sales Agreement with the Online Store, providing personal data by the Customer is a condition for concluding a Sales Agreement. Providing personal data in this situation is voluntary, however, failure to provide this data will result in the inability to conclude a Sales Agreement with the Online Store;

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   B. to the Bank in connection with the handling and settlement of payments made by the Customer for payments to the Online Store via the Internet using payment instruments, providing data is required in order to make the payment and provide confirmation of its payment by the Bank to the Online Store;

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   C. to the Bank, in order for the Bank to verify the proper performance of contracts concluded with the Online Store, in particular to ensure the protection of the interests of payers in connection with their complaints, providing this data is required to enable the performance of the contract concluded between the Online Store and the Bank;

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   D. In matters relating to the protection of personal data, and not covered by the Regulations, the provisions of the Privacy Policy, the Civil Code and the relevant provisions of applicable Polish law, as well as European Union law, in particular the Regulation.

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IX. Changing the regulations

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1. The regulations may be changed. We recommend that you read the Regulations each time before placing an Order.

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2. Orders placed by customers before the amendments to the Regulations enter into force will be implemented in accordance with the existing provisions of the Regulations.

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X. Final Provisions

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1. The content of the Regulations may be recorded by printing or saving on a selected medium.

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2. In the event of a dispute regarding the Sales Agreement, the Customer and the Service Provider undertake to seek an amicable settlement of the dispute. The law applicable to the resolution of any disputes arising from the Regulations is Polish law.

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3. The customer may use extrajudicial means of dealing with complaints and redress, including mediation. Lists of permanent mediators and existing mediation centers are submitted and made available by the presidents of the relevant District Courts.

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4. The Regulations are published in the Polish language.

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The Regulations enter into force on 04/09/2022.