Terms and Conditions of the Service

Definitions of Terms Used in the Regulations

• Online Store - means that the sales or service agreement is concluded electronically and if the party to the agreement is a consumer, it is concluded on the terms described in the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).
• Client - a natural person, as well as a legal person and an organizational unit that is not a legal person, to whom specific provisions grant legal capacity, and who concludes or intends to conclude an agreement or uses other services offered through the online store.
• Consumer - a natural person, as well as a legal person and an organizational unit that is not a legal person, to whom specific provisions grant legal capacity, and who concludes or intends to conclude an agreement or uses other services offered through the online store.
• Product - an item offered for sale or a service offered in the online store.
• Regulations - these regulations of the online store.
• Sales Agreement - a product sales agreement concluded remotely through the online store.
• Order - an electronic or telephone declaration of intent to conclude an agreement (order a product or service).

General Statements

• Scope of activity - remote sales using the website of various articles.
• The Seller complies with the Code of Good Practices within the meaning of the Act of 23 August 2007 on Counteracting Unfair Market Practices (the content is available at http://www.uokik.gov.pl/download.php?id=546).
• The Seller is a VAT payer and issues a sales document (receipt or invoice) for each product sales transaction.
• Commercial information - price lists, descriptions, advertisements, and other product information on the Seller's website constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.

Order

• The online store fulfills orders with delivery to Poland and other EU countries. For orders from abroad, shipping conditions - including costs and delivery time - are individually agreed upon.
• Before placing an order, the Client must familiarize themselves with these regulations. The fact of acquainting oneself with and accepting all the provisions of these regulations is explicitly confirmed during registration in the system and before final order confirmation. The order form will not be accepted without such confirmation.
• Orders can be placed online 24/7.
• Phone orders can be placed by calling the telephone number provided in the "Contact" section. In the case of a distance contract concluded by phone, the Seller confirms the content of the proposed contract by sending it to the Client on paper or another durable medium. For the validity of the contract, the Consumer submits a declaration accepting the terms and concluding the contract - it is effective if it is recorded on paper or another durable medium after receiving confirmation from the Seller.
• The Seller processes orders (prepares and ships products):
  • after confirming the order - if cash on delivery is chosen
  • after receiving the payment to the account - if prepayment is chosen
  • for card payments - from the moment of obtaining a positive authorization.
• The order fulfillment time for products in stock is no longer than 3 business days from the date specified in the previous point. In most cases, we process orders within 24 hours. For products offered on request, the delivery time will be specified when placing the order.

Prices

• The prices of products provided in the store's offer are in Polish currency and are net or gross prices (including legally required taxes, including VAT).
• The prices of products do not include delivery costs. Delivery costs are provided when filling out the order form.
• The binding price for the Client is the price valid at the time of placing the order - at the same time, the sale will take place after checking and approving the stock status by the employees. If we do not have the quantity expected by the Client, we will notify them immediately.

Payment Methods

• Cash on delivery - payment upon receipt of the shipped products
• Prepayment - payment by bank transfer to the Seller's bank account provided in the seller's data or sent in the order confirmation
• In the case of choosing payment by bank transfer as a form of prepayment, the Client is obliged to pay the price under the sales agreement within 7 days from the date of its conclusion, unless the parties to the sales agreement agree otherwise.
• The Seller has the right to limit the available payment methods, including requiring full or partial prepayment.

Product Shipping

• The Customer bears the costs of delivery, unless the product offer description states otherwise.
• During the interactive order form filling, the Customer is informed about the costs and selects the method of shipping and accepts the shipping cost when placing the order.
• In the case of shipping abroad - if the costs are not suggested in the order form - the shipping costs and delivery time are determined individually.
• We ship purchased products by courier companies.
• If the Customer chooses the option of shipping the product with the "cash on delivery" payment option - the Customer is obliged to accept the shipment with the ordered products. If the Customer, for any reason, fails to accept the shipment - the Seller has the right to withdraw from the contract upon receipt of the unclaimed shipment.

Complaints and Withdrawal from the Agreement (Returns) in Relation to Non-Consumer Customers (Applies to Businesses)

• This section of the Regulations applies exclusively to non-consumer BUYERS.
• The liability under warranty expires 24 months from the date of product receipt.
• The Client has the right to choose the method of delivery, including sending their own carrier to collect the product on their behalf.
• If the sold item is to be shipped by the Seller, it is considered that the release has occurred when the Seller has handed it over to a carrier engaged in the transportation of such goods for the purpose of delivery to the designated destination.
• Upon receipt of the shipment with the ordered products, a non-consumer Client is obliged to examine the shipment in a manner and within the time usually accepted for this type of shipment. If it is found that there has been a loss or damage to the product during transportation, the Client is obliged to take all necessary actions to determine the carrier's liability. If the Client does not examine the item and does not immediately notify the Seller of the discovered defect, or in the event that the defect becomes apparent only later, if the Client does not immediately notify the Seller upon its discovery, the rights under the warranty are forfeited.
• The Seller's liability towards a non-consumer Client, regardless of its legal basis, is limited, both for individual claims and for all claims in total, to the amount paid and the delivery costs under the concluded agreement. The Seller is liable towards a non-consumer Client only for typical, foreseeable damages at the time of concluding the agreement and is not liable for lost profits in relation to a non-consumer Client.
• If there are no cases of the Seller's liability under the warranty that entitle the Client to return the product, the Client may return the purchased product only with the Seller's consent, at the Client's expense, if the product is unused and in its original sealed packaging.
• If the sold item has defects, the Client may withdraw from the agreement or request a price reduction. However, the Client cannot withdraw from the agreement if the Seller immediately replaces the defective item with a non-defective one or promptly removes the defects. This limitation does not apply if the item has already been replaced or repaired by the Seller, unless the defects are insignificant.
• The Seller informs that for products also covered by a warranty, the buyer's rights and the warranty provider's obligations are determined and must be performed in accordance with the conditions specified in the warranty card. The granted warranty for the sold product is an additional entitlement and does not exclude, limit, or suspend the buyer's rights arising from the provisions on the warranty for defects in the sold item.
• The Seller does not accept any shipments returned cash on delivery.
• Any disputes arising between the Seller/Service Provider and a non-consumer Customer shall be subject to the jurisdiction of the court competent for the Seller's registered office.
• The regulations regarding the rules of warranty for defects and quality guarantees - not mentioned above - in contracts with entrepreneurs are adopted directly in the wording adopted in the Civil Code, Articles 556-581.

Right to Withdraw from a Distance Agreement Involving a Consumer

• In the case of submitting a statement electronically, the Seller shall immediately send the Consumer confirmation of receiving the statement of withdrawal from the agreement in a durable medium.
• After submitting the statement, the Consumer is obliged to return the product to the Seller's correspondence address provided in the Seller's data within 14 calendar days (counted from the date of sending the statement of withdrawal from the agreement), unless the Seller has offered to collect the product personally. The date of dispatch shall be deemed the date of meeting the deadline.
• The Consumer shall be liable for any diminished value of the goods resulting from handling the goods in a manner other than what is necessary to establish the nature, characteristics, and functioning of the goods.
• The Seller shall reimburse the payments made by the Consumer, including the costs of delivering the goods from the Seller to the Consumer, within 14 calendar days. However, the Seller may withhold the reimbursement until the goods are returned or until the Consumer provides proof of their return, whichever occurs earlier. The Seller shall make the reimbursement using the same means of payment as the Consumer used, unless the Consumer has expressly agreed to a different method that does not involve any additional costs. In the case of payment made by payment card, the Seller shall make the refund to the bank account assigned to the Buyer's payment card.
• The Consumer (Customer) bears the direct costs of returning the product to the Seller.
• The right to withdraw from a distance agreement does not apply to the Consumer in cases specified in the annex.
• The Seller does not accept shipments sent cash on delivery. The return shipment should be adequately protected against damage during transport.

Liability for Warranty and Guarantees in Sales Involving a Consumer

• The Seller is obliged to deliver a product that is free from defects, as agreed upon in the contract.
• The Seller is liable under warranty for physical defects that existed at the time when the risk passed to the buyer or resulted from a cause inherent in the sold item at the same time - for a period of 2 years.
• The Seller informs that for products also covered by a warranty, the buyer's rights and the warranty provider's obligations are determined and must be performed in accordance with the conditions specified in the warranty card. The granted warranty for the sold product is an additional entitlement and does not exclude, limit, or suspend the Consumer's rights arising from the provisions on the warranty for defects in the sold item (Article 577 of the Civil Code).
• The Seller is released from liability under the warranty if the Consumer was aware of the defect at the time of concluding the agreement.
• In the event of discovering a defect or non-compliance of the delivered product with the agreement, the Consumer has the right to file a complaint.
• To report a complaint, it is recommended that the Consumer completes a complaint form (DrukReklamacyjny.doc) or describes the basis for the complaint and the requests regarding the defect removal in another form and sends the notification by electronic means (email) or by mail to the Seller's correspondence address provided in the header. Complaints can also be made by phone or in person.
• In agreement with the Seller, if possible and reasonable, a Consumer exercising the rights under the warranty shall be obliged, at the Seller's expense, to deliver the goods to the place specified in the sales agreement or, if no such place is specified in the agreement, to the place where the goods were handed over to the Consumer. If, due to the nature of the item or the method of its installation, delivering the goods by the Customer would be excessively difficult, the Customer is obliged to make the goods available to the Seller at the place where the goods are located.
• If the sold item has a defect, the Customer may submit a statement requesting a price reduction or withdrawal from the agreement, unless the Seller promptly and without undue inconvenience for the buyer replaces the defective item with one free from defects or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or if the Seller has not fulfilled the obligation to replace the goods with items free from defects or to remove the defect.
• If the buyer is a Consumer, the buyer may, instead of the remedy proposed by the Seller, demand that the item be replaced with an item free from defects or that the defect be remedied, unless bringing the item into conformity with the agreement in a manner chosen by the buyer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the item free from defects, the nature and significance of the discovered defect, as well as the inconveniences to which the buyer would be exposed by another means of satisfaction, shall be taken into account.
• The reduced price should remain in proportion to the price resulting from the agreement in relation to the value of the defective item compared to the value of the item free from defects.
• The buyer cannot withdraw from the agreement if the defect is insignificant.
• The Seller shall consider the complaint without undue delay. No later than within 14 calendar days from the date of receiving the complaint, the Seller shall inform the Consumer in writing or electronically about the status of the complaint. Leaving the complaint unanswered within this period is equivalent to acknowledging the complaint.
• After considering the complaint, the Seller shall reimburse the Consumer for the costs associated with the complaint. The Seller shall transfer the due amount to the Consumer's bank account or by postal order.
• If the acknowledgment of the complaint is associated with a repair or replacement of the goods, the Seller shall return the product to the Consumer at the Seller's own expense.

Electronic Services and Technical Conditions for Using the Website

• The Seller, in order to enable the conclusion of an agreement, provides the following services through the website of the online store:
  • creation and management of a customer account in the online store
  • processing of the product order form in the online store
• The provision of electronic services in the aforementioned scope is free of charge.
• The agreement for the provision of an electronic service consisting of managing and administering the Customer's account on the website is concluded for an indefinite period. The moment of conclusion is considered to be the completion of the Customer's registration process on the website.
• The agreement for the provision of an electronic service consisting of enabling the submission of an order in the online store by filling out the order form is concluded for a specified period - for the period of order fulfillment and processing - and is terminated upon submission and acceptance of the order.
• The Consumer may withdraw from the agreement for the provision of a service without stating any reasons within 14 days from the conclusion of the agreement - except when the provision of the service begins before the expiry of this period with the Consumer's consent - by submitting a statement of withdrawal from the agreement to the entrepreneur:
  • by using the electronic withdrawal form template (attachment to the terms and conditions)
  • by submitting a statement on the website,
  • in the form of an email or in writing to the Seller's (service provider's) registered office address
• In the case of a service concluded for an indefinite period, both parties have the right to terminate the agreement:
  • The Consumer may terminate the agreement for the provision of services electronically at any time by submitting the relevant statement in electronic form or in writing to the Seller's address. The Seller shall promptly confirm the receipt of the statement. Within 7 days of receiving the termination, the Seller shall delete the records covered by personal data protection associated with the service and cease its provision.
  • The Seller may terminate the agreement for the provision of services electronically if the Consumer objectively and unlawfully seriously violates the Terms and Conditions - with a notice period of 30 days from the date of submitting the termination. If both parties to the agreement are entrepreneurs, the Seller may terminate the agreement for the provision of electronic services immediately in such a situation.
  • The Seller and the Customer may terminate the agreement for the provision of services electronically at any time by mutual agreement.
• Complaints will be considered promptly, no later than within 14 days. Failure to respond to a complaint within this period constitutes acceptance of the complaint.
• To cooperate with the service provider's IT system, the customer must have access to a computer or other device that enables communication with the online store website via the Internet. In the case of a computer, the system should be equipped with an internet browser (e.g., Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, or similar). The recommended monitor resolution is not less than 1024x768. Mobile devices must be equipped with software provided by the device manufacturer that allows operations equivalent to those of the aforementioned computer browsers. In addition, an active email account is required. To fully utilize all the features of the online store, JavaScript and cookie support must be enabled. The use of scripts and cookies is described in the privacy policy posted on the online store's website.

Final Provisions

• The agreement is concluded in the Polish language and is subject to the jurisdiction of Polish law. However, this choice does not deprive the consumer of the protection granted to them by provisions that cannot be excluded by agreement, under the law of the country where the consumer has their habitual residence, and where the entrepreneur directs their activities, and the agreement falls within the scope of such activities.
• The provisions of this Terms and Conditions do not exclude or limit any rights of the Customer who is also a consumer within the meaning of the provisions of the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) that are granted to them under the applicable laws. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, the latter shall prevail.
• The content of the Terms and Conditions is available at all times in the "Terms and Conditions" tab on the seller's website and can be copied and printed by the buyer at any time. The content of the Terms and Conditions can also be sent by email or by post upon request of the Customer. The Terms and Conditions, together with any attachments, are also delivered to the Customers attached to the email confirming the order placement and the conclusion of the agreement.
• In matters not regulated by these Terms and Conditions, the relevant provisions of the law shall apply, in particular:
  • Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended)
  • Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2002, No. 101, item 926, as amended)
  • Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2013, item 1422)
  • Industrial Property Law of 30 June 2000 (Journal of Laws of 2001, No. 49, item 508, as amended)
  • Copyright and Related Rights Act of 4 February 1994 (Journal of Laws of 2006, No. 90, item 631, as amended)
  • Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827)
• In the event that the Terms and Conditions contain provisions that are inconsistent with the above or other applicable provisions in the Republic of Poland, the latter shall take precedence over the provisions of the Terms and Conditions.
• If any provision of these Terms and Conditions is deemed to be unlawful, invalid, or unenforceable to the extent provided by law, it shall be excluded in that respect. The remaining provisions of the Terms and Conditions shall remain in force.
• All product names offered for sale by the online store are used for identification purposes and may be protected and reserved under the Industrial Property Law (Journal of Laws of 2001, No. 49, item 5081, as amended).
• All photos published on the website are protected under the Copyright and Related Rights Act of 4 February 1994 (Journal of Laws of 1994, No. 24, item 83, as amended) and possess creative and individual character. They cannot be copied without the consent of the website administrator.
• In the event of disputes arising from the performance of the concluded agreement, the parties shall seek to resolve the dispute through out-of-court settlement, including mediation. In the event of a failure to reach a settlement out of court, the competent court to settle the dispute shall be the common court.
• In fulfilling the obligation to indicate alternative dispute resolution methods, as well as the principles of access to these procedures, we hereby inform that up-to-date information in this regard is available on the website: http://prawakonsumenta.uokik.gov.pl. Consumers and entrepreneurs can use the online ODR platform established by the European Commission for the out-of-court resolution of consumer disputes. The platform is available at: http://ec.europa.eu/consumers/odr/. UOKIK (Office of Competition and Consumer Protection) maintains a register of entities authorized to conduct out-of-court consumer dispute resolution at https://www.uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
• The content of attachments no. 1, 2, and 3 forms an integral part of these Terms and Conditions.