GENERAL PROVISIONS

  1. The seller of goods is MM Brown Sp. z o.o. with its registered office at ul. Ostrowska 582, 61-324 Poznań, entered in the commercial register kept by the District Court in Poznań, 21st Commercial Division of the National Court Register, under KRS 0000671307, NIP [tax identification number]: PL 7822424244, REGON [statistical number]: 300797727.
  2. MM Brown Sp. z o.o. carries out its business operations in the area of retail sale to consumers and business entities on the following websites: www.chocolissimo.com.
  3. MM Brown Sp. z o.o. sells food products and others, including online, in Poland and in other EU countries. The countries are listed under Delivery Terms & Prices.
  4. Taking into account the specificities of products, MM Brown Sp. z o.o. shall have the right not to accept an order for completion outside Poland, where it is apparent from the circumstances that due to a significant distance to a place of residence or registered office of the Ordering Party it is highly possible that the goods will become damaged or go bad.
  5. You can contact us at www.chocolissimo.com by:
    • e-mailing info@chocolissimo.com
    • phoning this number: +370 52 078 158, between 8:30 am and 4:30 pm (working days only).
  6. The prices of goods are in EUR and include VAT. The prices do not include any delivery charges. Our delivery charges can be found under Delivery Terms & Prices. The prices specified therein constitute an integral part hereof.
  7. The products listed on our websites (www.chocolissimo.com) do not constitute an offer within the meaning of the provisions of the Civil Code.
  8. A sales contract shall be considered concluded upon the confirmation by the Seller of the acceptance of a given order for completion/the submission of a given order, of which the Ordering Party shall be informed by e-mail. From that point onwards, the Seller shall be obliged to complete the order in accordance with the terms of the contract, and the Ordering Party to pay the price and collect the ordered product.

SUBMISSION OF ORDERS

  1. A person submitting an order simultaneously declares that he or she has full capacity to enter into legal transactions in accordance with the provisions of the Civil Code.
  2. The submission of an order shall be tantamount to accepting the provisions hereof.
  3. The goods shall be sold against orders submitted online. Orders can be made 7 days a week, 24 hours a day, through either of our websites: www.chocolissimo.com.
  4. The Seller may accept an order made by phone or e-mail.
  5. Discount codes cannot be used in conjunction with any other promotions, unless the rules of a given promotion state otherwise.
  6. To order a given product, the Buyer shall add it to his or her basket by clicking “Add to Basket” available on the product fiche.
  7. The product’s basket contains:
    • additional options that are available upon clicking “Select Additional Items”; the selection of additional items is accepted by clicking “Add to Basket”. An additional item is displayed in the basket as a separate item.
    • a note – 1 item per each product; you can edit it by clicking “Add a Note”; a note is added to the basket by clicking “Add a Note”.
  8. The basket shall be accepted by clicking “Submit the Order”, as a result of which the Ordering Party shall be redirected to provide the address details of the Ordering Party and the Recipient. Next, the delivery option shall be selected.
  9. To continue, the date of dispatch and the payment method can be selected.
  10. Before the submission of an order, the Buyer shall be requested to check whether the order has been filled in correctly, and in particular, his or her contact details, and to accept these Regulations and the confidentiality policy principles.
  11. At the end, the Customer shall submit the order (purchase offer) by clicking “Submit the Order”.
  12. After the submission of an order, the following shall be displayed on our website (www.chocolissimo.com): a message that an e-mail confirming the submission thereof has been sent, a link to track the submitted order and a message addressed to customers, who ordered products requiring additional items to be provided, for example, a photo for the Postcard, a chocolate telegram with one’s own photo, etc.

COMPLETION OF ORDERS AND DELIVERY

  1. The submission of an order is not tantamount to accepting it for completion.
  2. The Seller shall have the right to refuse to complete the order, for example, if a given product is unavailable or if a given order cannot be completed by the deadline specified by the Ordering Party. For any orders paid for, the Seller shall be obliged to return the amount paid within 14 days from notifying the Ordering Party thereof. The aforementioned provisions do not apply to any orders accepted for completion, namely any orders for which sales contracts have been concluded.
  3. The Seller shall reserve the right not to complete an order with regard to which the Customer has provided incomplete or incorrect data.
  4. The Seller does not bear any responsibility for sharing third party (order recipients') data by the Ordering Party. The Ordering Party will bear the burden of any claims resulting from the sharing of third party data with the Seller.
  5. The Ordering Party may resign from the order before it is accepted for completion. The Seller shall allow for the order accepted for completion to be cancelled only if such an order has not yet been dispatched and is at the stage of completion that enables its cancellation.
  6. The standard order preparation time is between 24 and 48 hours from the crediting of the Seller’s bank account with an appropriate amount, the authorisation of the transaction (for electronic payments) or the order conformity confirmation by the Buyer (for payments on delivery).
  7. As requested by the Ordering Party the prepared order is dispatched by the Seller by:
    • UPS (courier delivery),
    • DPD (courier delivery),
  8. The delivery time of the prepared order depends on the selected method and place of delivery. The delivery time is, to a limited degree, guaranteed by the selected service provider, namely by UPS or DPD (their regulations are available on their websites, respectively, on www.ups.com and www.dpd.com). Detailed information regarding the order delivery dates is available under Delivery Terms & Prices that constitutes an integral part hereof.
  9. Orders are dispatched on working days from Monday to Friday by UPS and from Monday to Friday by the DPD courier company. Order delivery hours are governed by the internal regulations of UPS and DPD.
  10. The courier company always makes two delivery attempts and if the recipient is not at home, an arrival note shall be left for him or her with a request to contact the courier. Any orders sent to business addresses may be delivered to a reception desk or secretary’s office. This is not a personal service.
  11. Information about the order and the stage of its completion can each time be obtained by e-mail or phone from the Seller or if the Ordering Party has registered with us, its past orders shall be available on www.chocolissimo.com upon logging in.
  12. Each order shall be evidenced by a VAT invoice sent by e-mail to the person submitting an order.
  13. The submission of an order is tantamount to providing consent to the receipt of a VAT invoice in an electronic form. The invoice is sent after the order has been completed.
  14. The Seller shall endeavour, to the extent possible, to meet any requests made by the Ordering Party in the Comments section; however, such requests cannot be treated as services guaranteed by the Seller and they do not affect the completion of the base order submitted by the Ordering Party.
  15. Where the Buyer orders a note with an inscription or engraving, MM Brown Sp. z o.o. shall not be liable for its wording. MM Brown Sp. z o.o. shall bear no liability for the wording of the ChocoTelegram products ordered through its agency. In exceptional cases, MM Brown Sp. z o.o. may refuse, without providing reasons, to complete the order with a note enclosed therewith or the ChocoTelegram, because of their wording, of which the Buyer should be immediately notified.
  16. The online service is intended for customers ordering up to 10 items. Any orders above 10 items shall be sent to our Business Support Department after the customer had contacted them by phone.
  17. Customers ordering the ChocoPostcard products shall declare that they have full rights to use the photos sent to us and they shall confirm that the materials sent do not infringe any rights of any third parties. A person sending a photo with his or her order shall be responsible for any claims arising from the use thereof.
  18. Standard products shall have visual elements of their producers, engraved elements, labels and other decorative elements which may be invisible on sample pictures. Colours shown on photos may in reality deviate from printouts or displays on a computer screen. Please make absolutely sure that each element of the product meets your expectations. Information about products can be obtained by phone (tel.: +370 52 078 158) or by e-mail (info@chocolissimo.com).
  19. Orders to hospitals, hotels, large companies, banks, public administration offices are delivered to the reception desk or secretary’s office.

TERMS OF PAYMENT

  1. Any discount coupons may only be used for products and cannot be aggregated with other promotions (unless the terms of a given promotion state otherwise).
  2. Payments can be made:
    • by credit card: using the PayPal online payment system,
    • using PayPal.

ORDER DISPATCH

  1. Each order's total price shall be increased by the costs of delivery, which in Europe is as follows ( Austria, Belgium, Czech Republic, Denmark, France, Germany, Netherlands, Hungary, Ireland, Latvia, Lithuania, Poland, Slovakia, Slovenia, Sweden and United Kingdom, except for Jersey islands):
    • EUR 12 for deliveries by UPS or DPD.

GUARANTEE OF FRESHNESS

  1. Any praline or chocolate collection is made according to a traditional recipe and contains no harmful substances or substances not authorised for consumption that could extend its use-by-date. Freshness is always checked by our company before any products are dispatched.
  2. Due to the fact that high temperature and humidity have an adverse impact on natural chocolate products, special attention must be paid to the method for storing chocolate products, which is provided on the labels located on their packaging. Additional information can be found under Guarantee of Freshness.
  3. Considering the most frequent environmental conditions and the knowledge and experience of the Seller, the use-by-dates for individual products are as follows:
    • chocolates included in all collections: a minimum of 5 weeks,
    • other products: a minimum of 6 weeks,
    • for products available in the SALE/BARGAIN category, their use-by-date is a minimum of 2 weeks,
    • chocolate telegrams: a minimum of 6 months.

RETURNS AND COMPLAINTS

  1. Pursuant to the Act on the Protection of Certain Consumer Rights and the Liability for Damage caused by a Hazardous Product of 2 March 2000, the Buyer being a consumer may withdraw from a contract, without giving any reasons, by making a relevant statement in writing within 10 days from the release of goods.
  2. For such a withdrawal to be effective, the statement should be sent to our address before the aforementioned deadline.
  3. If the contract is withdrawn from, it shall be considered invalid, and the parties thereto shall be obliged to return any benefits they have obtained in their unaltered state, unless their alteration was necessary in the ordinary course of dealings. The Customer shall send the goods back at his or her own cost.
  4. The goods shall be returned immediately, however, no later than within 14 days from the sending of the statement. If the Buyer sends the withdrawal statement together with the goods, the time limit shall be 10 days from receipt thereof. The returned goods cannot be worn and torn more than it has been necessary for the Customer to open their packaging in order to check whether they have met the requirements specified in the order and his or her expectations.
  5. The price shall be returned immediately, however, no later than within 14 days from receipt by the Seller of the withdrawal statement. A failure to return the goods shall result in the Seller being entitled to keep the price until they have been returned. The price shall be returned to a bank account specified in the withdrawal statement.
  6. The products that may not be returned include:
    • any products that have properties specified by the consumer in the submitted order or that are strictly related to such a consumer,
    • any products that may not be returned due to their nature or that go bad very quickly.
  7. The Seller shall not accept any deliveries or returns of goods, which are to be paid on delivery.
  8. MM Brown Sp. z o.o. shall be liable for the ordered product up to the amount of its price.
  9. Products made of chocolate are fragile by nature and despite numerous protection measures applied, including external packaging and delivery boxes, they may crumble or break, bearing in mind their delivery method (priority package, courier delivery), which certainly does not impair their taste values or the value of the product itself, but may visually not be to the taste of the Ordering Party. Please take such a possibility into account before submitting an order.
  10. Pursuant to the Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code of 22 July 2002 and to the Regulation of the Minister of Economy, Labour and Social Policy of 30 January 2003 on the time limits for notifying sellers of non-conformity of the food products with sales contracts, the Buyer shall lose the right related to non-conformity of a food product with a contract, if upon the discovery of such a non-conformity, it fails to notify the Seller thereof immediately, however, no later than within 3 days from receipt of the goods delivered to the Buyer's place of residence.
  11. Complaints shall be made in writing to the following address: MM Brown Sp. z o.o., ul. Ostrowska 582, 61-324 Poznań. We do not accept any goods, whose return shall be paid for on delivery. Complaints are examined within 14 days from their receipt. Where justified, the goods shall be replaced by goods of full value, and if that is impossible, the amount paid shall be returned.
  12. Where the order is returned to the sender (MM Brown Sp. z o.o.) because of an incorrect or incomplete delivery address, a refusal to accept the delivery by the recipient or a failure to collect the package within a specified time limit, the Ordering Party shall cover the costs of redelivery and the costs of return of the order. Any products that are not collected or any returns that are unpaid shall be disposed of within 7 days from their return to the warehouses of the courier, post office or MM Brown Sp. z o.o..
  13. The Consumer is entitled to use extrajudicial methods of investigating complaints and settling claims. If the Consumer wishes for an amicable settlement of a dispute related to Internet purchases, they can file their complaint e.g. via an EU Internet ODR platform, available at http://ec.europa.eu/consumers/odr/.

MODELS AND SAMPLES

  1. Any samples or manufacturing models are provided only for informative purposes and do not constitute a basis for submitting orders.
  2. The Seller shall not acknowledge any complaint based on differences in technical parameters of goods (colours, resolution, etc.) resulting from different settings of a computer screen. The Seller shall not replace the purchased goods.
  3. MM Brown Sp. z o.o. shall reserve the right to change, without any notification, any materials used for manufacturing the packaging, its models, invoices or colours. The key feature of the ordered product, which is attributable to its name and which cannot be changed by MM Brown Sp. z o.o. without prior notification, shall be the weight content of pralines and chocolates in their packaging. A change of the packaging itself shall not be a basis for making a complaint or returning the goods.

PERSONAL DATA

  1. In accordance with the Personal Data Protection Act of 29 August 1997, the personal data of our Customers shall be stored in the database of MM Brown Sp. z o.o. with its registered office at ul. Ostrowska 582, 61-324 Poznań.
  2. Costomers personal data shall be collected exclusively for marketing and reference purposes and for completing orders by MM Brown Sp. z o.o. It shall be processed for the purposes of carrying out the statutory business activities and organising promotional and advertising campaigns by the Company. It shall also be protected as stipulated by the Personal Data Protection Act.
  3. Each Customer shall have the right to access his or her personal data, to correct it and to request that it no longer be processed. Each Customer shall also have the right to object, of which our registered office shall be notified in writing. Third party (order recipients') data shared by the Customer are used exclusively in order to complete the order placed by the Customer.
  4. MM Brown Sp. z o.o. shall not be liable for any damage inflicted upon any third parties by the Customer as a result of making available by the Customer to any third parties of any passwords, access details to his or her e-mail account, logins, links for tracking orders and any other non-public data provided for the purpose of completing an order or where a third party acquired such data unlawfully (theft of personal data, hacking of IT systems, hacking of e-mail accounts). Simultaneously, MM Brown Sp. z o.o. undertakes to store and protect personal data diligently and not to make it available to any third parties without the Customer’s consent.

FINAL PROVISIONS

  1. The Seller shall have the right to amend the provisions hereof. Such amendments shall not apply to any orders accepted for completion.
  2. In matters not regulated hereby, the provisions of the Civil Code shall apply.


These Regulations shall apply with effect from 15 June 2012.

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