Smakołyk - Polish grocery store in the UK

1. General information

1.1. These Terms and Conditions set out the rules for ordering and processing of goods via the Website, available at the following address www.smakolyk.korit.eu
1.2. Please read the Terms and Conditions below carefully before using or registering on www.smakolyk.korit.eu or mobile applications. If you do not agree with any provision of the Terms and Conditions, or all of them, you are kindly requested not to accept the Terms and Conditions, not to register on the Service, and not to use the Service.
1.3. Every User is obligated to comply with accepted content of the Terms and Conditions
1.4. Terms and Conditions are available at any time through our website. The Terms and Conditions are posted on the Website in a printable form.
1.5. The terms used in the terms and conditions have the following meanings:

• Service – online shop found at: www.smakolyk.korit.eu, which consists of graphic elements, software and mobile applications that enable the provision of electronic services to the Orderers; the Seller’s Goods and the Prices of the Goods are presented in our online shop.
• Order – a list of Goods that the Ordering Party plans to purchase from the Seller on the Order Execution Date, prepared and sent by the Ordering Party through the Service.
• Seller – the entity managing and operating the Service, which is S&M Eurofoods Ltd.
• Customer – an adult person with at least limited legal capacity, a legal person or an organizational unit without legal personality who has registered on the Website, accepted the Regulations and makes an Order.
• User – any person using the Website.
• Goods – goods presented by the Seller on the Website, which the Customer may select for the purpose of drawing up and sending an Order, and then buy them; Goods and prices presented on the Website do not constitute an offer within the meaning of the Civil Code. Exact information about the individual Goods is placed on the Site next to the picture of the Goods, which is visible to the Buyer when placing an Order.
• Services – services presented by the Seller on the Website, which the Buyer may additionally select during the process of preparing and sending the Order, and then purchase them; Services and Prices presented on the Website do not constitute an offer within the meaning of the Civil Code. Detailed information about each Service is placed on our website.
• Price – means the final gross price of the Goods or Services, placed on the Site next to the information about the Goods or Services; prices are expressed in British pounds and include VAT.
• Order Proccessing – delivery of the Order by the Supplier to the address indicated by the Ordering Party; at Delivery Day, the Seller shall deliver the Goods without defects.
• Delivery Day – the day selected by the Ordering Party on which the Order is to be delivered to the address indicated by the Ordering Party ; on the Order Fulfillment Day, if the Ordering Party accepts the Seller’s offer, the contract of sale of the Goods is concluded.
• Slot – the time allotment in which the Ordering Party declares to deliver the ordered Goods on the Delivery Day.
• Delivery Cost – the fee for Order delivery, if it occurs by delivery of the Order to the address indicated by the Buyer; the Delivery Cost is made visible on the Website during the process of preparing and sending the Order. The amount of the Order Cost depends on the slot and amount selected by the Buyer. WYKASOWAC The minimum Order amount is £45.00, and delivery over £80.00 is free of charge, orders below £80.00 is currently £3.99 (but is constantly monitored due to the volatile oil market).
• Account – an individual account created after registration, through which Buyer makes Orders and manages the data provided during the registration process.
• Login – e-mail address provided by the Buyer at the stage of registration on the Website.
• Delivery Person – a person employed by the Seller and holding his power of attorney, who will execute the Order and, if the Buyer accepts the Seller’s offer, will conclude a contract of sale of Goods with the Buyer on behalf of the Seller.
• Offer – a document prepared by the Seller and presented by the Delivery Person at the place and on the day of Order Delivery, which includes the ordered Goods, offered equivalent goods and prices, which are the final prices at which the Buyer may purchase the Goods and offered equivalent goods.
• Call Centre – the customer service, open daily from 08:00 to 16:00, accessible through the Contact Us tab (or kontakt@smakolyk.korit.eu) or the store’s Facebook profile.

2. Online Shop

2.1. To use the Service it is necessary to:

• broadband internet connection,
• Web browser (Internet Explorer 8 and later, Google Chrome 15 and later, Mozilla Firefox 7 and later, Opera 11 and later) that supports CSS and JavaScript,
• cookies enabled,
• pop-up window support enabled,
• Microsoft Windows XP, 7 or Vista or later operating system,
• an active email account.

2.2. The use of mobile applications is possible with mobile devices equipped with Android 2.3.3 and later, iOS 5.1.1 and later, Windows Phone 8.1 and later, Windows 8.0 with x86, x64, ARM processors with the mobile application installed. Use of the mobile version of our website is possible using mobile devices equipped with an Internet connection and a liquid crystal screen.
2.3. The user should use the Service for its intended purpose and refrain from any activity that could interfere with the proper functioning of the Service, such activity is considered in particular:

• Interference with the use of the Service by other Users, including preventing the use of the Service;
• Interference with the content or technical nature of the Service.

2.4. The Seller makes ongoing efforts to improve the functioning of the Service, but stipulates that there may be errors and technical problems in the use of the website. In the event of such a situation, the User should report it to the Seller via the Call Centre, e-mail or message via the store’s Facebook profile. The Seller will immediately attempt to restore the proper functioning of the Website.
2.5. The seller is not responsible for:

• incompatibility of the Service with the User’s hardware and software or with his connection to the public Internet network;
• technical difficulties, including errors and failures to connect to the Service, which are the fault of the User.

2.6. All content posted on the Website, including trademarks, images, descriptions, applications are subject to legal protection. Any use of them in whole or individual parts is an infringement.

3. Registration process

3.1. Order proccessing is limited to a specific area within the UK. We are starting operations in central England, but will be expanding coverage on an ongoing basis. Registration and placing the first Order in our online shop will be possible for everyone. In the event that this person is out of our delivery area, they will be informed with an appropriate message on the screen and their shopping cart will be retained.
3.2. Placing an Order and subsequent purchase of Goods is possible after the Orderer fills out the registration form. When completing the registration form, it is necessary to provide correct and up-to-date data, which are necessary for placing the Order, i.e.:
Name, surname, exact delivery address, telephone number, e-mail address (used later as Login), setting a password, and confirmation of reading and accepting the Terms and Conditions.
3.3. At the same time, the Buyer will become a participant in the loyalty points program organized by the Seller in order to collect points on his individual account for purchases made with the Order. Points will also be awarded in an additional way, according to additional deals offered by the Seller.
3.4. If the data provided at registration is changed, the Buyer should update it after logging into Account, in the “My Account” tab on the Website.
3.5. To remove the Account from the Service, the Buyer must contact the Seller.
3.6. Registration form are carried out once, and further Orders can be made by logging into your Account on the Website by entering your Login and established password.
3.7. The login and password are confidential. The Buyer is full responsibility for actions resulting from the disclosure of the Login and Password to third parties.
3.8. In the event of unlawful actions taken by the User that compromise the functionality of the Website, the Seller will take advantage of the protection measures provided for by applicable laws.

4. Placing Order Process

4.1. The Seller is responisble to ensure that the Goods presented on the Website are available and of the best possible quality and freshness.
4.2. If the Goods ordered by the Buyer are unavailable, at the time of Placing the Order, the Seller will, if possible, offer equivalent goods, remove the unavailable goods from the order list or contact the buyer depending on which option was selected when placing the order.
4.3. The prices visible on the Website are the final prices.
4.4. In the case of ordering Goods by weight, in order to improve accuracy, the Seller has introduced a sale by piece system that converts the product to the closest possible weight. Which means the Buyer’s expectations are more specific. The Buyer will get at least the number of pieces he ordered. The seller may increase this quantity in case the pieces are smaller than the others, to get as close as possible to the converted weight in the order confirmation. The Seller reserves the right to deliver Goods of different weight from the weight indicated in the Order, the difference should not be greater than +/- 9%. The price will be set according to the weight calculated on the ordered number of pieces of such products.
4.5. The Buyer places an Order after logging into his/her Account on the Website. The seller sends an order confirmation to the Buyer at the e-mail address provided in the registration process. This order remains available (visible) in the Buyer’s Account for a period of 2 years.
4.6. The Buyer can place orders 24 hours a day, every day of the week.
4.7. The Buyer may not cancel the Order, but may change the delivery date any number of times after logging into the Account on the Website. It will be possible to change the Order only if it is done before we start processing it, that is, depending on the time of day between 32-48 hours before the Order Processing Date. This function is controlled automatically by our Service.
4.8. The Seller reserves the right to additionally verify the Buyer’s data, e.g. by telephone.
4.9. The contract of sale of Goods between the Seller and the Buyer is concluded at the moment of confirmation of the Order and payment by the Buyer. In case of payment being decline by financial institutions, regardless of the reason, the transaction is invalidated.
4.10. The Seller reserves the right to refuse to sell alcohol online if the value of alcohol represents more than 50% of the value of the Order.

5. Email referral system, Special Offers for you and Loyalty Points

5.1. They will be available to our customers in the future.

6. Order Processing

6.1. The Seller reserved the rights not to process the Order on all days of the year. The Seller will put information about this on the website in advance.
6.2. Subject to paragraph: 1 above, deliveries are carried out 6 days a week from 08:00 – 20:00, courier orders are carried out from Tuesday to Saturday, an integral part of the terms and conditions is detailed information about the courier service, this information is available on the home page in the footer at the bottom of the page or directly from this link: https://www.smakolyk.korit.eu/dostawa
6.3. The Seller will make an effort to complete the Order within the specified timeframe. In the event that the Order cannot be process in a timely manner, the Seller will make every effort to contact the Buyer as soon as possible using the telephone number provided by the Buyer in the registration form.
6.4. The Seller reserves the right to verify the age of the person receiving the Goods. If it turns out that the person is under 18 years of age and no other person can receive the Goods, and when the order contains alcohol products, the Seller refuses to release these Goods.
6.5. The Buyer can access and print his copy through the Order History in his user profile.
6.6. The driver (Delivery person) representing the Seller will call or send a text message approximately 30 minutes before delivery. This is for good communication and improving the quality of the service. It will help to make sure that the Order will be delivered with no issues. Delivery can take place no earlier than 15 minutes before the time window selected by the customer and no later than 15 minutes after.
6.7. If the Buyer is not present at the address indicated in the Order during the delivery hours selected by the Buyer, the Supplier will make a renewed attempt to contact the Buyer by telephone. If the Buyer’s absence is temporary, the Delivery Driver will wait up to 10 minutes. After this time, or in case of unsuccessful second contact attempt, the Delivery Person will send a text message about the delivery attempt and the Order will be cancelled. Re-delivery of the goods will be possible, but the Seller reserves the right to charge the buyer for additional delivery costs. The bakery’s products, as well as cooked meats, will remain as originally prepared and will wait in proper temperature conditions until delivery. The Buyer may ask for a new order if he is willing to cover their cost. Complaints about shortened expiration dates due to postponed delivery will not be considered – in particular, this may apply to products from the “Sale” section with a short shelf life.
6.8. It is Buyer’s responsibility to be present at the indicated address during delivery, the order may be picked up by a person other than the Buyer if that person is at the indicated delivery address. Employees of smakolyk.korit.eu have no legal possibility to verify the person receiving the order.
If the Buyer is not at the specified address during delivery and the Supplier is informed of this, the parcel can be delivered to a neighbor, for example, with the consent of the Buyer.

7. Payment terms

7.1. The Buyer has the option of paying with a debit car, credit card from Visa, MasterCard and American Express and it is mandatory at the time of ordering.
7.2. Card authorization will be carried out at the time of placing the order on the website. In addition, the bank of the card can ask for verification with an established password (Verified by VISA, MasterCard SecureCode or American Express SafeKey). In most cases, it will take be automatically.
7.3. In order to reduce the risk of unauthorized access to the details of the Buyer’s card, they will be encrypted. Please note that our payment partners are companies of the highest reputation, and high level security. Our entire website is encrypted with SSL protocol and for full verification of the company we have gone through a full process of verification of our business (Extended Validation) – a green bar and the address https:// in the web browser.
7.4. Cash payments or payments during delivery are not possible.

8. Privacy Policy

8.1. All customer’s information is used only for the purposes of the Service and is not shared with other individuals or institutions.

9. Cancelling order rights

9.1. In order to the order, the buyer should submit a statement of withdrawal. The Seller’s recommended way to withdraw from the contract is to send a completed form in the Contact section.
9.2. To the statement referred to in paragraph: 1. The Buyer shall attach a proof of purchase of the Goods, or otherwise document the purchase of the Goods.
9.3. The right of withdrawal does not apply to the following Goods:

• that spoil quickly or have a short date;
• delivered in sealed packages that, once opened, are unsuitable for return for health or hygiene reasons;
• Press, including daily newspapers, periodicals or magazines.

9.4. The Buyer is obliged to return the Goods to which the declaration of withdrawal relates immediately, but no later than within 7 days from the day on which he withdrew from the contract.
9.5. Return of Goods shall be at the expense of the Buyer.
9.6. The Seller shall promptly, but no later than within 14 days of receipt from the Buyer of the statement of full or partial withdrawal from the contract, refund to the Buyer the payment made by him/her for the returned products.
9.7. The Seller may withhold reimbursement of payments, until the Buyer has returned the products;
9.8. Refund will be made using the same method of payment used by the Buyer.
9.9. Prior to withdrawal from the contract, the Buyer shall not use the Goods in a manner beyond that necessary to ascertain the nature, characteristics and functioning of the products. Otherwise, the Buyer will be liable for the diminished value of the products;
9.10. The right to withdraw from the contract does not exclude the Buyer’s rights under the Seller’s liability for non-conformity of the products with the contract and the manufacturer’s warranty.
9.11. The Buyer is not entitled to withdraw from the contract if he has entered into the contract as a business person (as an entrepreneur).

10. Complaints

10.1. The Buyer is obliged to inspect the products in the presence of the Delivery person before accepting them. The Seller recommends not accepting damaged products.
10.2. If the products are found not to be in conformity with the contract after delivery, the Buyer has the right to file a complaint.
10.3. In order to process a complaint, the Buyer should provide the products with proof of purchase.
10.4. The complaint will be considered within 14 days from the date of submission by the Buyer.
The Buyer will be informed by the Seller via e-mail or telephone about the manner of its consideration.
10.5. In the event of a successful complaint, there will be an immediate refund of the equivalent value of the products in the form of Points or another agreed with the Buyer.
10.6. In the case of products for which the manufacturer has provided a warranty, the warranty document will be provided with the product.

11. Out-of-court ways of dealing with complaints and redress of grievances

11.1. In the event of a dispute with the Seller or any doubts about his rights, the Buyer has the opportunity to use out-of-court means of handling complaints and claims.
11.2. Access to out-of-court dispute resolution procedures is provided, for example, by permanent amicable courts and other consumer organizations.

12. Final provisions

12.1. In all matters not regulated in the above Terms and Condition, the provisions of the Civil Code and other relevant laws shall apply.
12.2. Any doubts arising from the interpretation of the Regulations shall be interpreted in such a way as to ensure that the Regulations are consistent with the mandatory provisions of law.
12.3. In the event of a dispute with the Seller or any doubts about his rights, the Buyer has the opportunity to use out-of-court means of handling complaints and claims.
12.4. The Seller reserves the right to amend these Terms and Conditions. Amendments shall not affect the Buyer’s rights under Orders placed before the amendment. The amendment to the Terms and Conditions shall come into effect within 14 days of publication on the website. The Seller will inform the Buyer of the change in the Terms and Conditions by sending an e-mail message containing a link to the text of the amended Terms and Conditions. If the Buyer does not accept the changes, it should notify the Seller by clicking on the link “I do not accept the changes to the Terms and Conditions”, which will be tantamount to a request to delete the Account on the Website.
12.5. If Terms and Conditions in other language versions are placed on the site. In case of discrepancies between the Polish version and the translated one, the Polish version is binding.

The information contained in the above Terms and Conditions such as description of delivery, etc. may vary depending on the type of shipping. Courier delivery information can be found here: www.smakolyk.korit.eu/dostawa