FarmSano Terms of Service

1. These Terms set out the rules for using the FarmSano website available at www.farmsano.eu and the FarmSano mobile apps (the Service), including the rules for providing electronic services, publishing adverts, reserving product pickups and providing paid services.

2. These Terms are the terms and conditions referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of electronic services, and they contain the terms of use of a hosting service within the meaning of Regulation (EU) 2022/2065 of the European Parliament and of the Council (Digital Services Act, the DSA).

3. These Terms are available free of charge in the Service in a form that allows them to be obtained, reproduced and saved (for example by printing or saving the page).

4. The rules for processing personal data and using cookies are set out in the Палітыка прыватнасці.

The terms used here mean:

• Service Provider - the entity running the Service, identified in § 3;
• User - a natural person aged 18 or over with full legal capacity, a legal person or an organisational unit granted legal capacity by law, using the Service;
• Account - the User's data and settings in the Service, available after signing in;
• Seller - a User who publishes Adverts or runs a farm or pickup point profile in the Service;
• Buyer - a User who browses Adverts, contacts a Seller or makes a Reservation;
• Advert - information about an agricultural or food product published by a Seller, with a description, price, photos and pickup location;
• Reservation - a Buyer's request, passed to the Seller through the Service, to prepare a product for pickup at a given place and time;
• Paid Services - the Service Provider's paid services for Sellers, in particular publishing an Advert for a chosen period, additional photos and promoting an Advert or a farm;
• Consumer - a natural person concluding a contract with the Service Provider that is not directly related to their business or profession; the provisions on Consumers also apply to a natural person concluding a contract directly related to their business where the contract shows that it is not of a professional nature for that person;
• Illegal content - information that does not comply with European Union law or the law of a Member State, including offers of products whose sale is prohibited or requires a permit the Seller does not have.

1. The Service Provider and operator of the Service is the entity whose details are given below.

2. You can contact the Service Provider through the кантактную форму, by e-mail at support@farmsano.eu or by post at the registered address.

3. The single point of contact for Users (Article 12 DSA) and for Member State authorities, the European Commission and the European Board for Digital Services (Article 11 DSA) is support@farmsano.eu. Communication may be in Polish or English.

1. To use the Service you need a device with internet access and an up-to-date web browser (for example Chrome, Firefox, Safari or Edge) with JavaScript and cookies enabled, or the FarmSano mobile app.

2. To create an Account and sign in you need an active e-mail address or a mobile phone number that can receive SMS messages.

3. Maps in the Service use Google Maps and are shown only after you give consent in the наладах файлаў cookie. Without this consent the rest of the Service works and you can find an address with the search field.

4. Using the internet involves risks, including malware and attempts to steal data (phishing). The Service Provider never asks for a sign-in code outside the Service's sign-in window or in reply to an e-mail.

1. Browsing Adverts does not require an Account. An Account is needed to publish Adverts, send messages, make Reservations, post reviews and order Paid Services.

2. The Account contract is concluded for an indefinite period when registration is completed, including acceptance of these Terms and the Privacy Policy. The Account is free of charge.

3. The Service does not use passwords. You sign in with a one-time code sent to your e-mail address (the message also contains a sign-in link) or by SMS to your phone number, or through a Google or Facebook account. When you sign in with Google or Facebook, the Service Provider receives basic profile data from the provider: identifier, first name, last name and e-mail address.

4. The User provides true data, confirms the e-mail address or phone number with a code and does not share sign-in codes or access to their mailbox or phone with others.

5. One person uses one Account. Accounts with the same confirmed e-mail address or phone number can be merged at the User's request.

6. Publishing Adverts, requesting a deposit and withdrawing funds require a confirmed e-mail address and phone number and a full name or company name.

7. In the наладах уліковага запісу the User can at any time sign out on all devices, change contact details, download a copy of their data and delete the Account.

1. Sellers publish Adverts for agricultural and food products in the categories available in the Service.

2. The Seller is responsible for the content of Adverts and profiles, in particular for an accurate description, true information about origin, production method and certificates, stating the gross price, holding the permissions required to sell the product (for example as agricultural retail, direct sales or marginal, local and restricted activity) and complying with sanitary and veterinary requirements.

3. It is prohibited to publish:

• Illegal content;
• products whose sale is prohibited or requires a permit the Seller does not have (for example alcoholic beverages without a permit, plant protection products, protected animals);
• misleading content, including unauthorised organic product labels;
• content infringing third-party rights, including copyright in photos and descriptions;
• offensive or discriminatory content or content inciting hatred;
• personal data of other people without a legal basis;
• advertising unrelated to the Seller's products, spam and duplicate Adverts.

4. By publishing content (descriptions, photos, reviews, messages), the User grants the Service Provider a non-exclusive, free licence to store it, reproduce it as needed to run the Service (for example resizing photos), display and distribute it in the Service, for the time the content is published and the retention period set out in the Privacy Policy.

5. The Seller states in the Service whether they act as a trader. If the Seller is not a trader, consumer protection law does not apply to the contract the Buyer concludes with them.

6. By default, Adverts and farms are ordered by distance from the chosen location, relevance to the query, how recent the Advert is and any paid promotion; the User can change sorting and filters. Adverts and farms promoted for a fee are labelled in the Service.

7. Farm reviews are published after moderation. The Service Provider checks that they comply with these Terms but does not verify whether the review was written by a person who bought a product from that Seller.

1. The Service Provider may review Adverts, profiles, reviews and photos before and during publication. Moderation is carried out by people acting on behalf of the Service Provider; automated tools, including AI-based ones, may be used for an initial assessment of content (for example suggesting a category or detecting prohibited content). A decision to remove content or restrict an Account is always taken by a human.

2. If these Terms or the law are breached, the Service Provider may refuse publication, suspend or end the display of an Advert, remove content, limit the visibility of a farm, or temporarily suspend or block an Account. Measures are proportionate to the severity and repetition of the breach.

3. The Service Provider informs the User whose content is affected and gives a statement of reasons in line with Article 17 DSA: the scope and duration of the restriction, the facts and circumstances, information on any use of automated tools, the provision of law or of these Terms that was breached and the available means of redress.

4. The Service Provider has no general obligation to monitor content but acts promptly on notices and on information it obtains about Illegal content.

1. Anyone, including people without an Account, can report an Advert or a farm with the "Report" button on its page or through the кантактную форму. A notice identifies the content, explains why the notifier considers it illegal or contrary to these Terms and includes the notifier's e-mail address. Notifiers should act in good faith and provide accurate information.

2. The Service Provider confirms receipt of the notice by e-mail to the address given, handles it promptly, objectively and diligently, and then informs the notifier of the decision and the available means of redress.

3. The Service Provider may, for a reasonable period, stop handling notices from people who frequently submit manifestly unfounded notices, and may suspend the Account of a User who frequently publishes manifestly illegal content, after a prior warning.

4. A User affected by a moderation decision and the notifier may appeal within 6 months of being informed of the decision through the кантактную форму (topic "Appeal against a moderation decision") or at support@farmsano.eu. The appeal is handled by a person who did not take the original decision, without undue delay and within 14 days at the latest.

5. Regardless of an appeal, the User may use a certified out-of-court dispute settlement body (Article 21 DSA) or go to court.

6. If the Service Provider becomes aware of a criminal offence threatening the life or safety of persons, it promptly informs the competent authorities.

1. The Service lets Sellers present products and Buyers search for them, contact the Seller and reserve a pickup. The Service Provider is not a party to sales contracts between Users, is not the seller or supplier of the products and is not responsible for their performance.

2. Price, quantity, payment method, pickup or delivery are agreed directly between the Buyer and the Seller. A Reservation is neither a sales contract nor a payment. The Seller confirms or declines a Reservation and may propose another time, and either party can cancel it under the rules shown in the Service.

3. A Seller may ask the Buyer for a deposit to secure the pickup. The Buyer pays it through the payment provider in the Service. The Service Provider accepts the deposit on behalf of the Seller and, after the pickup is completed, credits it to the Seller's balance, from which the Seller requests a payout to their bank account. If the Reservation is cancelled, the deposit is refunded to the Buyer under the rules shown before payment.

4. The Service Provider is not responsible for the quality, safety or legality of products, the accuracy of Adverts or the performance of contracts by Users, subject to its obligations under the DSA and mandatory law. In a dispute, the Service Provider may help the parties get in touch.

5. Sellers have access in the Service to statistics of their Adverts and to Buyers' data as needed to handle messages and Reservations. The Service Provider does not share other Users' data with Sellers.

1. A Consumer who has concluded a Paid Service contract may withdraw from it without giving a reason within 14 days of concluding it. It is enough to send a statement through the кантактную форму or to support@farmsano.eu before this period ends. You may use the model withdrawal form from Annex 2 to the Polish Consumer Rights Act of 30 May 2014, but this is not required.

2. If the Consumer expressly requested that the service start before the withdrawal period ends and then withdraws, they pay for the service provided until withdrawal, in proportion to the scope of the service; the rest of the payment is refunded.

3. The Consumer loses the right of withdrawal if the Service Provider has fully performed the service with the Consumer's express prior consent, after the Consumer was informed before the service started that they would lose the right of withdrawal once the service was performed, and acknowledged this.

4. The Service Provider refunds the payment without undue delay and within 14 days of receiving the withdrawal statement at the latest, using the same payment method the Consumer used, unless the Consumer agrees to another method that involves no costs for them.

1. Complaints about the Service or Paid Services can be submitted through the кантактную форму (topic "Complaint") or to support@farmsano.eu. A complaint should include contact details, a description of the problem and, where relevant, the order number.

2. The Service Provider handles the complaint within 14 days of receiving it and replies to the e-mail address given in the complaint or linked to the Account.

3. Consumers have the rights provided by the Polish Consumer Rights Act where a digital service does not conform to the contract, in particular to have the service brought into conformity, to a price reduction or to withdraw from the contract.

4. Complaints about products bought from Sellers should be addressed to the Seller.

1. Consumers may use out-of-court complaint and redress procedures, in particular the help of district (municipal) consumer ombudsmen, consumer organisations and the regional Trade Inspection offices. Information is available at prawakonsumenta.uokik.gov.pl.

2. Consumers living in another European Union country may ask the European Consumer Centre in their country for help (in Poland: konsument.gov.pl). The EU online dispute resolution (ODR) platform is no longer available.

1. The Service Provider takes care that the Service works continuously and correctly but may temporarily limit access for maintenance, updates or security, announcing planned breaks in advance where possible.

2. The Service Provider is not liable for content published by Users if it is not aware of its illegal nature and, once it becomes aware, promptly disables access to it.

3. Towards Users who are not Consumers, the Service Provider's liability is limited to actual loss and to the fees paid by the User for Paid Services in the 12 months before the event, except for damage caused intentionally.

4. These Terms do not exclude or limit the Service Provider's liability towards Consumers where the law does not allow it.

1. The User can delete the Account at any time in the наладах уліковага запісу or by sending a request through the кантактную форму. Deleting the Account terminates the Account contract. Active Adverts are then archived and data is deleted or anonymised in line with the Privacy Policy; billing documents are kept for the period required by law.

2. Account deletion may be put on hold until a requested payout has been settled.

3. The Service Provider may terminate the Account contract for important reasons (the Service closing down or a change in the law preventing the services from being provided) with 30 days' notice, and without notice in the event of a gross or persistent breach of these Terms or the law, after an unsuccessful request to stop the breach where such a request is possible.

4. If the contract is terminated for reasons attributable to the Service Provider, the Service Provider refunds a proportionate part of the fee for unused Paid Services.

1. The Service Provider may change these Terms for important reasons, such as changes in the law, changes in the scope or manner of providing services, changes in the prices of Paid Services, security reasons or decisions of authorities.

2. The Service Provider announces changes in the Service and by e-mail at least 15 days before they take effect. Changes do not apply to Paid Services ordered before they take effect.

3. After the changes take effect, further use of the Account requires acceptance of the new version of the Terms. A User who does not accept the changes may delete the Account.

1. Polish law applies to contracts concluded under these Terms. This choice of law does not deprive Consumers of the protection granted by provisions that cannot be excluded by agreement under the law of the country of their habitual residence.

2. Disputes with Users who are not Consumers are resolved by the court competent for the Service Provider's registered office. Disputes with Consumers are resolved by the court competent under general rules.

3. These Terms apply from the date given as the date of their version.