Coralfarm.eu Online Store Terms & Conditions

I. Introductory Provisions

1. The coralfarm.eu online store, operating under the address coralfarm.eu, is run by Aquaforest Distribution sp. z o.o. sp.k. with headquarters in Nowy Sącz. Our registered address is ul. Magazynowa 1, 33-300 Nowy Sącz with the register of entrepreneurs of the National Court Register KRS number 0000326787, maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, NIP [tax identification number]: 945-212-07-24, REGON [statistical number]: 12085275300000. Our share capital is PLN 810,000.00 and we retail goods via the Internet network.

2. The present Terms & Conditions specify the rules for using coralfarm.eu Online Store, and in particular: the rules for placing orders for goods available at the Store, entering into contracts of sale with Customers, delivery of ordered good, payments of the price of goods purchased, withdrawal from contract, as well as lodging complaints and resolving them, types and scope of services rendered electronically, terms and conditions for rendering services electronically and the procedure for processing complaints within this scope.

3. The Online Store sells goods to Customers located in countries that belong to the European Union. Orders may be placed all year long, 24 hours a day, via the website coralfarm.eu, with the exception of periods when their placement will be excluded due to technical breaks of the Online Store.

4. Prior to using the Online Store’s services in any form, the Recipient of Services is obliged to become familiar with the contents of the present Terms & Conditions. Registration to use the Online Store is understood as having read and acceptd the present Terms & Conditions.

5. In matters not regulated by the present Terms & Conditions, as in points 6 and 7, the generally binding provisions of Polish law shall apply. In particular: Act of 23 April 1964 (Civil Code; uniform text: Journal of Laws of 2014, item 121 as amended), Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).

6. In matters not regulated by the present Terms & Conditions, in relation to contracts entered into with Customers who are entrepreneurs with registered office outside of the territory of the Republic of Poland, exclusively relevant laws of the Polish law shall apply.

7. In matters not regulated by the present Terms & Conditions, in relation to contracts entered into with Customers who are consumers with place of residence outside of the territory of the Republic of Poland, exclusively relevant laws of the Polish law shall apply. However, such consumers may take advantage of the legal protection granted to them based on the provisions binding in the territory of the country of their residence if such provisions are not excluded by way of contract.

8. Contact with the Customer Service of the Online Store:

1) phone: + 48 535 231 124 between 9:00 a.m. and 5:00 p.m. (cost as per the operator’s tariff),

2) e-mail: sales@coralfarm.eu

9. In order to take advantage of the functionalities of the Online Store, it is necessary to use a device with an Internet connection and an Internet browser, as well as to activate Cookies and Javascript, and have an active electronic mail account. The recommended resolution for viewing www.coralfarm.eu website is 1024 x 768 or higher.

II. Definitions

Defintions used herein below shall have the following meanings:

1. Terms & Conditions – the present document specifying the rights and obligations of Customers, Newsletter Subscribers and Sellers.

2. Seller or Service Provider – Aquaforest Distribution sp. z o.o. sp.k. with its registered office in Nowy Sącz, at: ul. Magazynowa 1, 33-300 Nowy Sącz, entered in the register of entrepreneurs of the National Court Register as KRS number: 0000326787, maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, NIP [tax identification number]: 945-212-07-24, REGON [statistical number]: 12085275300000

3. Online Store – online store run by the Seller, accessible at the Internet domain: coralfarm.eu, via which the Customer may purchase goods offered by the Seller.

4. Customer – a person with full or limited legal capacity, a legal entity or an organizational unit without legal personality, to which an act of law grants legal personality, purchasing Goods via the Online Store.

5. Recipient of Services- a person with full or limited legal capacity, a legal entity or an organizational unit without legal personality, to which an act of law grants legal personality, who uses the Services rendered by the Service Provider.

6. Service – a service rendered electronically by the Service Provider to the Recipient of Services via the Online Store.

7. Account – set of resources in the Service Provider’s ICT system, where all the data concerning the Recipient of Services is collected (particularly regarding the Orders placed), with an individual login and password, available upon registration and logging on in the administrative panel of the Online Store user.

8. Registration Form – form available at the Online Store, used to set up an Account, requiring submission of certain indicated particulars, as well as a login and password.

9. Cart – functionality of the Online Store, enabling the placement of orders.

10. Order – statement of intent made by the Customer, constituting an offer to enter into a Contract of Sale of Goods with the Seller.

11. Goods – any movable property, including Corals, available at the Online Store, which is the object of the Contract of Sale between the Customer and the Seller.

12. Corals – live marine animals from the Seller’s cultivation, which is under veterinary supervision: No.ID.Vet 12626106.

13. Contract of Sale – a contract of sale of Goods, entered into via the Online Store by and between the Customer and the Seller.

14. Business day – Monday to Friday, with the exception of statutory holidays.

15. Consumer – a natural person who enters into a legal transaction which is not directly connected with business of professional activities.

16. Newsletter – a service consisting in the periodic sending of marketing and trade information by the Service Provider to the e-mail addresses of Newsletter Subscribers.

17. Newsletter Subscribers – persons who express their consent to the reception of the Newsletter and to this end willingly submit their electronic mail address (e-mail) to the Service Provider.

III. Registration

1. In order to register an account at the Online Store, a registration form must be filled out, including user name (login), e-mail address and password. The condition for setting up an account is the acceptance of the Online Store Terms & Conditions and the expression of consent for the processing of personal information for purposes related to the completion of the Customer’s orders.

2. Registration at the Online Store and using any of its functionalities is free of charge.

3. The Recipient of Services is obliged to give true information and data in the Registration Form and in the Cart forms, reflecting the authentic state of facts.

4. The Recipient of Services may at any time delete his/her account by way of selecting the relevant command in the customer panel, or by way of giving a relevant statement via electronic mail, to the address: sales@coralfarm.eu Receipt of the statement will result in immediate termination of the contract for the provision of electronic services, covering the maintenance of the Account, and immediate deletion of the account by the Service Provider.

5. The Service Provider may terminate the contract for the provision of electronic services, including the maintenance of the Account, by way of sending a relevant statement via electronic mail to the e-mail address of the Recipient of Services.

6. The Service Provider may withdraw from the contract for the provision of electronic services without a notice period (with immediate effect) in the event of breach of the provisions of the present Terms & Conditions by the Recipient of Services, in particular if the Recipient of Services uses the Online Store in a manner disturbing its functioning or if the Recipient of Services supplies content prohibited by the law.

IV. Placing orders

1. Information available on the Internet sites of the Online Store does not constitute an offer within the meaning of the provisions of the law, but rather an invitation to enter into a contract, within the meaning of Art. 71 of the Act of 23 April 1964 (i.e. Journal of Laws of 2014, item 121 as amended), the Civil Code. By placing an Order, the Customer extends to the Seller an offer to purchase specific Goods on the terms and conditions given in its description.

2. The Online Store enables the placement of Orders for available Goods through the Cart, 7 days a week, 24 hours a day. The Order may be placed without the necessity to create an Account in the Online Store.

3. The minimum value of an Order involving exclusively corals is PLN 300.00.

4. To place an Order through the Cart, first choose the Goods presented on the Online Store’s website, next state the desired quantity and possibly other features, then add the chosen Goods to the Cart by clicking on the “ADD TO CART” button. Once the Goods have been added to the Cart, choose:

1) Delivery method,

2) Payment method,

3) Add any additional remarks to the Order,

4) Give the following information necessary for the completion of the Order: First and Last Name, Business Name and tax identification number(in the event of Customers who are not Consumers), Address, Postal Code, City, Country, Voivodeship, Electronic mail address, telephone number.

Next, confirm the Order and finish it by clicking on the selected payment method button.

5. Immediately upon the receipt of the Order, the Seller sends a statement of acceptance of the Order to be completed to the e-mail address of the Customer indicated in the Account or when placing an order without registration, unless order completion is not possible. The Contract of Sale between the Customer and the Seller is concluded upon confirmation of the order acceptance for completion.

6. The Seller begins the order completion upon receipt of confirmation of payment from the payment operator, or once the funds are credited to the Seller’s bank account, if the payment is effected through bank transfer.

7. The total order cost, composed of the price of Goods and costs of delivery, is visible in the cart prior to order placement.

8. All the prices shown in the Online Store are gross prices (inclusive of VAT tax).

9. Proof of purchase (fiscal receipts) attached to the parcels is a confirmation of the concluded Contracts of Sale. The Customer may receive a VAT invoice(VAT Inclusive), having provided First and Last Name/Company name, registered office and tax identification number in the Cart forms.

V. Payments

1. All the prices shown in the Online Store are gross prices (inclusive of VAT tax). Prices do not include costs of delivery of Goods. Information on the cost of delivery, or lack thereof, is available during addition of Goods to the Cart; it will also be shown in the Order summary.

2. In the event of Orders of Goods destined for delivery within Republic of Poland, whose value exceeds PLN 300.000, Customers do not pay the costs of delivery, with reservation of point 3.
3. In the event of Orders of Corals destined for delivery within Republic of Poland, whose value exceeds PLN 500.000, Customers do not pay costs of delivery.. In the event of Orders of Goods whose value exceeds PLN 300.000, Customers do not pay the costs of delivery, with reservation of point 3.

4. The Customer purchases the Goods and orders the delivery service at the prices and delivery costs as stated at the time of Order placement.

5. The online store enables the following payment methods:

a) E-transfer payment via DotPay service (available methods of payment and information about the system: http://www.dotpay.pl ) – the electronic payments are provided by a company operating under the business name Dotpay S.A. with its registered office in Krakow, at ul. Wielicka 72 ,  30-552 Kraków, tax identification number: 6342661860, REGON 240770255, entered in the register of entrepreneurs maintained as number KRS 0000296790 by the District Court in Kraków-Śródmieście in Kraków, 9th Commercial Division of the National Court Register. The rules for making payments in this manner are available on the website at: www.przelewy24.pl

b) Cash or card payment in the event of personal pick up at the Seller’s venue

c) Cash payment upon delivery when Goods are destined for delivery within Republic of Poland.

d) Electronic payment via PayPal service (available methods of payment and information about the system: https://www.paypal.com)
Legal Agreements for PayPal Services are available on the website at:
https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full

6. The Customer is obliged to pay for the Goods ordered, including delivery costs, no later than 7 days from the conclusion of the Contract of Sale, with the exception of the payment method specified under par. 3c.

7. The Seller reserves the right to change the prices of Goods and the costs of delivery, especially in the event of change of prices by entities handling deliveries. The foregoing provision does not apply to already completed orders.

VI. Deliveries

1. Goods purchased at the Online Store are delivered to the Customers located in European Union expedited courier service.

2. The delivery costs are covered by the Customer, pursuant to the chosen method of delivery and payment, declared while placing the Order.

3. Goods are delivered to the address indicated by the Customer in the Cart form.

4. The shipment of Goods takes place within 5 business days, counting from the date of payment for the Goods purchased, with the exception of par. 5

5. Corals are shipped from Monday to Wednesday.

6. It is recommended to check the condition of the Goods in the delivered parcel in the presence of a representative of the entity handling delivery (courier) and to draft a relevant protocol in the event of damage to the parcel that occurred during transport, and then to contact the Seller.

7. The Seller is liable for non-compliance of the goods with contract, pursuant to the binding provisions of the law.

VII. COMPLAINTS

1. Complaints may regard the Seller’s provision of electronic services or the Good’s non-compliance with the Contract of Sale.

2. Complaints may be submitted in a written form to the address of the Service Provider/Seller, or via electronic mail to the address sales@coralfarm.eu. The complaint form can be found in the Help tab (form template is Attachment 2 to these Terms & Conditions).

3. Complaints should address the circumstances regarding the object of complaint, and in particular the type and date of occurrence of the defect. In the event of Services or the Good’s description, the date of occurrence of the Good’s non-compliance with the Contract of Sale is needed, along with the relevant demand.

4. Complaints should also contain the contact data of the person submitting them.

5. The Online Store is liable for defects in Goods based on the applicable provisions of law. The basis and scope of the Seller’s liability to the Customer who is a Consumer, for Product non-compliance with the Contract of Sale, are specified in particular in the Act of 30 May 2014 on consumer rights (Journal of Laws No. 2014, item 827 as amended) and in Act of 23 April 1964 (Civil Code; uniform text: Journal of Laws no. 2014, item 121 as amended).

6. In the event of defective Goods, the Customer is entitled to request price reduction or withdrawal from contract, unless the Online Store exchanges the defective Goods for one free of defects promptly and without any excess inconveniences for the Customer. This limitation shall not apply to products which have already been replaced by the Seller or if the Online Store has failed to exchange the Goods for defect-free ones. Attachment no. 2 is a template of the form of complaint regarding Goods’ non-compliance with the Contract.

7. The reduced price should be in the same proportion to the price resulting from the contract as the value of the defective item to the value of an item free of defects. The Customer may not withdraw from the contract if the defect is not significant.

8. In any of the cases specified under point 6, when the satisfaction of the Customer’s demands requires the delivery of new Goods, the costs of such delivery are borne by the Online Store.

9. When it is necessary for the assessment of the Goods’ non-compliance with the contract, such Goods must be delivered to the Seller’s address.

10. The Service Provider/Seller immediately, but no later than 14 days, notifies the complainant on the resolution of the complaint, in the manner specified under point 2. If the Online Store fails to address the Customer’s demands within 14 days, the complaint shall be deemed as accepted.

VIII. FILING COMPLAINTS REGARDING CORALS

1. Complaints may regard the Seller’s provision of electronic services or the Good’s non-compliance with the Contract of Sale. The basis for examination of a complaint regarding live goods is sending a photograph on the date of parcel receipt. 

2. Complaints may be lodged in a written form to the address of the Service Provider/Seller, or via electronic mail to the address sales@coralfarm.eu. The complaint form can be found in the Help tab (form template is Attachment 2 to these Terms & Regulations).

3. Complaints should address the circumstances regarding the object of complaint, and in particular the type and date of occurrence. In the event of Services or the Coral’s description, the date of occurrence of the Good’s non-compliance with the Contract of Sale is needed, along with the relevant demand.

4. Complaints should also contain contact the data of the person submitting them.

5. When it is necessary for the assessment of the Goods’ non-compliance with the contract, it must be delivered to the Seller’s address.

6. The Service Provider/Seller immediately, but no later than 14 days, notifies the complainant on the resolution of the complaint, in the manner specified under point 2. If the Online Store fails to address the Customer’s demands within 14 days, the complaint shall be deemed as accepted.

 

IX. WITHDRAWAL FROM THE CONTRACT

1. A Customer who is simultaneously a Consumer, who has entered into a remote contract, may withdraw from it without stating any reasons within 14 days from the delivery of the ordered Goods. The rules for withdrawal from the contract, including the relevant form, are in Attachment 2 to the present Terms & Conditions. The provisions of this paragraph apply accordingly to withdrawal from contract regarding Accounts.

2. The Seller shall immediately send to the Consumer a confirmation of receipt of the statement of withdrawal from contract, to the e-mail address indicated by the consumer.

3. In the event of effective withdrawal from the Contract of Sale, it is deemed not to have been concluded, and the Consumer stands free of any obligations. What the parties have rendered shall be returned in an unaltered state, unless the change has been necessary in the ordinary course of business. The return should take place immediately, not later than 14 days.

4. The Seller shall effect a reimbursement of the price of the purchased Goods, along with the delivery costs, to the bank account indicated by the Customer or in another manner indicated by the Customer. A Consumer withdrawing from contract only bears the direct costs of the return of Goods.

X. PROTECTION OF PERSONAL DATA

1. The Service Provider is the Administrator of the personal data of the Customers and Newsletter Subscribers, and the data processing takes place based on the Act of 29 August 1997 on the protection of personal data (uniform text: Journal of Laws No. 2002, no. 101, item 926 as amended) and on the Act of 18 July 2002 on the provision of services through electronic means (uniform text: Journal of Laws of 2013, item 1422).

2. Both Customers and Newsletter Subscribers submit their personal data willingly and give consent to their collection and processing within the meaning of the Act of 29 August 1997 on the protection of personal data, exclusively for the purpose of Contract performance and reception of the Newsletter.

3. The personal data of Customers and Newsletter Subscribers is protected in a manner impeding unauthorized access to it, pursuant to the provisions of the Act of 29 August 1997 on the protection of personal data.

4. Customers and Newsletter Subscribers are at all times entitled to access their personal information, change it, demand that it be deleted, as well as to all other entitlements specified in the Act of 29 August 1997 on the protection of personal data.

5. Customers and Newsletter Subscribers may give consent to receive information of advertising and trade nature from the Service Provider, including via means of electronic communication. Such information shall not be sent if the Customers and Newsletter Subscribers do not consent thereto.

6. Personal data processed by the Service Provider may only be made available to entities entitled to receive it pursuant to the applicable provisions of law, including the relevant authorities of the judiciary. Moreover, personal data processed by the Service Provider may also be transferred to third parties indicated by the Service Provider, with the purpose of correct performance of the Contracts and of activities regarding services carried out by the Service Provider in connection with the Online Store.

7. The Privacy Policy, available on the website of the Online Store, forms an integral part of the present Terms & Conditions.

X. FINAL PROVISIONS

1. The Terms & Conditions enter into force on the date of their placement on the website of the Online Store www.coralfarm.eu and remain binding for an undefined period.

2. The Seller has the right to introduce changes to the present Terms & Conditions, which are binding upon the Customers provided that they have been duly notified of these changes and have not terminated the contract for the provision of electronic services within 14 days from the date of this notification.

3. Changes to the Terms & Conditions may not violate the rights of Customers resulting from the contracts made and orders placed prior to their introduction.

4. In the event of Customer’s refusal to consent to changes in the Terms & Conditions, such Customer may delete their account.

5. In the event on non-compliance of the provisions of the Terms & Conditions with the binding provisions of law, such provisions replace the questioned provisions of the Terms & Conditions.

6. Possible disputes arising between the Seller and the Customer who is at the same time a Consumer within the meaning of Art. 22 [1] of the Civil Code, shall be resolved by Courts of jurisdiction pursuant to the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws no. 43, item 296 as amended). A Customer who is a Consumer may resort to out-of-court settlement of complaints and pursue claims before the Permanent Consumer Court of Arbitration of the Voivodeship Inspector of Trade Inspection. Information on access to the foregoing mode and procedure of dispute resolution may be found at the website www.uokik.gov.pl, in the tab ‘Resolution of Consumer Disputes’.

7. Possible disputes arising between the Seller and the Customer who is not a Consumer within the meaning of Art. 22 [1] of the Civil Code shall be conferred to the resolution of the court with jurisdiction over the seat of the Seller.

XI LEGAL RESERVATIONS

1. Any copyrights in connection with the Online Store are reserved and legally protected, in particular the rights to text, graphic elements, IT mechanisms, databases, layout, concept and other elements of the Online Store.

2. The name of the Online Store is legally protected.

3. It is prohibited to copy, modify, process in any way all and any elements of the Online Store for any purposes, and in particular for commercial purposes, without the prior consent of the Service Provider.

APPENDIX no. 1

INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT

INFORMATION REGARDING THE EXERCISE OF THE RIGHT TO WITHDRAW FROM THE CONTRACT

Right of withdrawal from contract

You may withdraw from the present contract within 14 days, without stating the reasons.

The time frame for withdrawal from the contract expires upon the lapse of 14 days from the date on which you received the item, or on which a third party, indicated by you and other than the carrier, received the item.

In order to exercise the right to withdraw from the contract, you must notify us of your decision to withdraw from the present contract by sending an express statement (for example, a letter sent by post, fax or electronic mail), indicating your first and last name, full postal address and, if applicable, phone number, fax number and e-mail address.

You may use the form template of withdrawal from contract, but this is not obligatory.

You may also fill out and send the form of withdrawal from contract or any other express statement electronically through our website at coralfarm.eu. If you take advantage of this option, we will immediately send you confirmation of receipt of information on withdrawal from contract to the e-mail address indicated by you.

In order to observe the deadline for withdrawal from the contract, it is sufficient that you send information regarding your decision to withdraw from the contract prior to the lapse of the time limit for withdrawal.

Consequences of withdrawal from contract

In the event of your withdrawal from this contract, we immediately, not later than within 14 days from receipt of your decision to exercise your right to withdraw from the contract, reimburse you all payments made by you. The payment reimbursement will take place via the same channels as used by you for the original transaction, unless you have given express consent to another solution; in any case, you will not bear any costs in connection with this reimbursement. We may hold the payment reimbursement until we receive the item back or until we receive proof of it having been shipped, depending on what happens first.

Please send or bring the item to us immediately, and in any case no later than 14 days from the date of notifying us of your withdrawal from the present contract. The time limit is observed provided that you send the item back before the lapse of 14 days.

You will have to bear the direct costs of the return.

FORM OF WITHDRAWAL FROM CONTRACT

(this form is to be filled out and sent back only if you wish to withdraw from the contract)

Aquaforest Distribution sp. z o.o. sp.k. with its registered office in Nowy Sącz, at: ul. Magazynowa 1, 33-300 Nowy Sącz, NIP: 945-212-07-24, KRS: 0000326787: sales@coralfarm.eu

I/we (*) hereby notify you of my/our withdrawal from contract of sale of the following items: ……………………………….. (please indicate the name of the goods purchases)

Date of conclusion of contract(*)/date of delivery (*)………………………………………………………………………………………………………………………….

First and last name of the consumer(s) ……………………………………………………………………………….

Address of the consumer(s) ………………………………………………………………………………………………..

Signature of the consumer(s) (only if the form is sent in the paper form)

Date

(*) Strike out the inapplicable.

APPENDIX no. 2

GOODS COMPLAINT FORM

(this form is to be filled out and sent back only if you wish to make a complaint regarding goods)

Aquaforest Distribution sp. z o.o. sp.k.

ul. Magazynowa 1

33-300 Nowy Sącz

First and last name:…………………………………………………………..

E-mail: …………………………………………………..

Address………………………………………………………………………..

Order Number …………………..

Quantity of goods under the complaint: ……………….. pcs.

I hereby inform you that the goods purchased by me on ……………., order no. …………….., are defective. The defect consists in ……………………….. . The defect has been identified on ……………………. . Owing to the foregoing, pursuant to Act of 3 April 1964 (Civil Code), I request:

1. That you replace the goods with new goods* (art. 561 § 1 of the Civil Code)

2. That you reduce the goods’ price by the amount of ……………… (in words: PLN ……………..). I request that you reimburse the foregoing amount to the bank account number………………………. / by postal remittance to my address* (art. 561 § 1 of the Civil Code)

3. I withdraw from the contract and request that the price of goods be reimbursed to my account ……………* (art. 561 § 1 of the Civil Code)

If the entire goods cannot be replaced with other goods, I request that you reimburse the value of the items by bank transfer to my account.

Account number: …………………………………………………………………………………………….

…………………………, ..-..-….

City, date

………………………………………

First and Last name

Address of the consumer:

* strike out the inapplicable.