ONLINE STORE TERMS AND CONDITIONS
§1 DEFINITIONS
1. Online Store - the store located at the address of this website.
2. Seller - the owner of the website. The Consumer purchases goods/services from the entrepreneur whose data are indicated in the contact tab (contact tab).
3. Seller's Address - whenever the Regulations refer to the Seller's address, it shall be understood as the following data:
a) Registered office (contact tab)
b) e-mail address (contact tab)
4. Customer - a natural person with full legal capacity to act, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity to act, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, which has concluded or intends to conclude a sales contract.
5. Consumer - art. 221 of the Civil Code: a natural person performing a legal act with the Seller not directly related to their business or professional activity.
6. Consumer Rights Act, Act - the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
§2 GENERAL PROVISIONS
1. The data of the Administrator of your personal data can be found in the "contact" tab located on the website.
2. Each person whose data is processed has the right to:
a) supervise and control the processing of personal data, for which the seller keeps a database of clients of the aforementioned store;
b) obtain comprehensive information whether such a collection exists and is maintained by the seller;
c) determine who is the administrator of the data, determine his address, registered office, name, in the case of a natural person, to determine his first and last name and place of residence;
d) obtain information about the purpose, scope, method and time of processing of the data contained in such collection;
e) obtain information in a commonly understandable form about the content of this data;
f) learn the source of the data concerning him, unless the data administrator is obliged to keep confidential information or professional secrecy in this respect;
g) demand the completion, updating, rectification of personal data, temporary suspension of its processing or its removal, if it is incomplete, outdated, untrue or has been collected in violation of the law or is no longer necessary for the achievement of the purpose for which it was collected.
3. An entrepreneur running a sole proprietorship, if he makes a purchase that is not related to his business, has the right to withdraw from the contract within 14 calendar days from the moment the Customer or a third party indicated by him takes possession of the Goods, other than the carrier.
4. Art. 556(4) The provisions of this section concerning the consumer, with the exception of art. 558 § 1 sentence two, shall apply to a natural person concluding a contract directly related to its business activity, if it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of the business activity carried out by it, made available on the basis of the regulations on the Central Register and Information on Business Activity.
5. Verification of whether a given activity has a professional character will be carried out on the basis of the CEIDG - Central Register and Information on Business Activity - and specifically the PKD codes entered there, which define the types of business activity.
§3 TERMS OF SERVICE
1. This online store provides services electronically. The condition for entering into a contract is primarily the completion of an online order form in order to conclude a sales contract. Joining the conclusion of the contract is voluntary.
2. Orders can be placed electronically 24 hours a day, 7 days a week.
§4 TERMS OF THE CONTRACT
1. In order to conclude a valid and binding sales contract, the Customer makes a selection in accordance with the displayed offer of the online store, specifying the quantity of Goods they intend to purchase and, if possible, indicating the features of the ordered Product and its specifications.
2. Orders can be placed using the form available on the store's website (Cart).
3. The message summarizing and confirming the order contains all previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, its specification in the case of ordering Goods with individual properties specified by the Customer of the online store, the total price to be paid (specified in Polish zlotys) including delivery costs and the amount of discounts granted (if applicable).
§5 ORDER FULFILLMENT
1. The Seller diligently fulfills the Customer's orders in the order of their receipt - each order is a priority for us and very important!
2. The order fulfillment time for an individual Customer is from 1 to 30 working days from the day the Customer sends the Order. For products marked as 'Made to Order', the delivery time is specified on the product page. The order fulfillment time consists primarily of the order preparation time (completing and packing the order, handing over the parcel to the courier, and in selected cases, manufacturing the Product).
§6 DELIVERY
1. Delivery of the Goods shall be made by courier or in any other manner accepted by the Parties, not involving excessive and unjustified costs on the part of the Seller and the Customer.
2. Ordered goods shall be delivered in accordance with the Customer's choice from the list of available delivery methods and in accordance with the prices presented on the store's website (Delivery tab).
§7 PAYMENT METHODS
1. The Seller enables payment for the ordered Goods in the form of an advance payment to a bank account.
2. Electronic payment by card or online bank transfer via an online payment service. Detailed information can be found in the "Payments" section available on the website.
3. Cash on delivery of the ordered Goods (Cash on delivery) - the Customer makes the payment to the courier upon receipt of the ordered Goods delivered by a courier company to the address indicated by the Customer in the order.
4. The Seller shall document the sale of the Goods by issuing an invoice.
§8 WARRANTY (RĘKOJMIA)
1. Delivery of the Product within the scope of warranty claims for defects shall be at the Seller's expense.
2. The Seller shall be liable under the warranty if the defect is discovered before the expiry of two years from the date of delivery of the Product to the Consumer. Since January 1, 2023, the minimum period for a claim based on non-conformity of goods with the contract is 2 years. This period applies to all goods - new and used. The Seller shall be liable to the Consumer if the Consumer Product was not in conformity with the contract at the time of its delivery, i.e. it has physical or legal defects. The Seller shall be liable for the non-conformity of the Consumer Product with the contract if it is discovered before the expiry of two years from the date of delivery of the Product to the Buyer, and in the event of replacement of the Product, this period shall run anew. A physical defect is a non-conformity of the sold item with the contract. In particular, the sold item is not in conformity with the contract if:
a) it does not have the properties which an item of this type should have due to the purpose indicated in the contract or resulting from the circumstances or intended use;
b) it does not have the properties the existence of which the Seller has assured the Buyer, including by presenting a sample or model;
c) it is not suitable for the purpose which the Buyer informed the Seller about at the conclusion of the contract, and the Seller did not object to such intended use;
d) it was delivered to the Buyer in an incomplete state.
3. The presumption of non-conformity of the product with the contract is 2 years.
4. The notification of defects in the Product should be sent electronically to the Seller's e-mail address or in writing to the Seller's postal address (see §1 point 3: "Seller's Address"). If the Consumer has difficulties and does not know how to construct a notification of defects in the Product, the notification can be sent, for example, on the form attached as Annex No. 2 to these Regulations, which is only a facilitation of the complaint process, does not constitute any requirement to use the above template for the complaint to be effective.
§9 WITHDRAWAL
1. In accordance with the provisions of the law, the Customer who is a Consumer, within the meaning of Article 27 of the Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, has the right to withdraw from a distance contract without giving a reason.
2. The right to withdraw from the contract may be exercised within 14 calendar days from the moment the Customer, being a Consumer, or a third party designated by them other than the carrier, takes possession of the Goods.
3. The Customer who is a Consumer may withdraw from the contract by submitting a declaration on the online form, which constitutes Annex No. 1 to these Terms and Conditions, by sending it electronically or to the Seller's postal address at the Customer's choice. Annex No. 1 is only an aid to withdrawal from the contract and is not a necessary template for exercising the right to withdraw from the contract. The Customer may, but is not obliged to, use it. To effectively withdraw from the contract, it is sufficient to send a written declaration to the Seller's address.
4. To meet the deadline specified in point 2, it is sufficient to send the Customer's declaration of withdrawal from the contract before its expiry.
5. The Consumer is obliged to return the item to the entrepreneur or hand it over to a person authorized by the entrepreneur to receive it immediately, but no later than 14 days from the date on which they withdrew from the contract, unless the entrepreneur has offered to collect the item themselves. To meet the deadline, it is sufficient to return the item before its expiry.
6. The Seller shall immediately, within 14 calendar days of receiving the Customer's declaration of withdrawal from the contract, refund the Customer for all payments received from them, including the cost of delivery of the item. The Seller shall make the refund using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of refund, which does not involve any costs for them.
7. The Customer who is a Consumer shall bear only the direct costs of returning the Goods.
8. The Consumer has the right to withdraw from a distance contract without giving a reason and without incurring any costs, with the exception of the costs specified in Article 33 and Article 34 of the Consumer Rights Act.
9. The Consumer is liable for the decrease in the value of the item resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item. This means that the Buyer has the right to assess and inspect the Goods, but only in the way they could do so in a stationary shop (i.e. check its completeness and technical parameters). The Consumer cannot use the item normally, otherwise, when withdrawing from the contract, they may be charged additional costs due to the decrease in its value.
10. The right to withdraw from the contract does not apply to the Customer in relation to contracts specified in Article 38 of the Act of 30 May 2014 on Consumer Rights.
§10 COMPLAINT PROCEDURE
1. In order to properly submit a complaint, the Customer should provide his/her data such as: name and surname or company name, residential address or company headquarters address and e-mail address, subject of the complaint, if possible the order number along with an indication of the period of time to which the complaint relates and circumstances justifying the submission of a complaint (description of what it involves), or what features the ordered Goods do not have, and according to the Seller's assurances or according to the way they were presented to the Customer, they were supposed to have them.
2. If the Customer is a Consumer, in the event of the first complaint, the Customer can count on the goods being repaired or replaced. Only when the entrepreneur refuses to remove the defect or replace it will the consumer have the right to withdraw from the contract. In the case of electronic goods, the consumer will also be able to request removal of defects in digital services, and if the removal of the defect or replacement is ineffective, he or she may demand a price reduction or withdraw from the contract.
§11 FINAL PROVISIONS
1. The online store upholds all rights of Customers provided for in the regulations of the applicable law.
2. If the applicable law grants Customers who are consumers more favorable mandatory and legally required regulations than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions are directly replaced by specific norms of the applicable law and are thus binding for the aforementioned owner.
3. The amended Terms and Conditions bind Customers if the requirements set out in Article 384 of the Civil Code have been met (i.e. the Customer has been duly informed about the changes).
4. Changes to the Terms and Conditions do not affect orders already placed and being processed. The Terms and Conditions applicable at the time of placing the order apply to such orders. The Seller informs about the intended change on the store's website at least 30 days in advance. In the event of non-acceptance of the amended Terms and Conditions, Users may terminate the agreement with immediate effect within 30 days of receiving the notification.
5. Disputes arising as a result of the provision of services under these Terms and Conditions shall be submitted to the jurisdiction of the Common Court of the choice of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.
6. These Terms and Conditions enter into force on 2024-03-01.
Attachment No. 1 (Contract Withdrawal Form)
Attachment No. 2 (Complaint Notification Form)