Terms of use
Before placing an Order, the User has the right to negotiate the terms of the Sales Agreement with the Seller. In the event that the User resigns from the possibility of concluding the Sales Agreement through individual negotiations, these Regulations and generally applicable provisions of Polish law shall apply.
CHAPTER I – GENERAL INFORMATION:
- The terms used in these Regulations mean:
- Seller – Mr. Piotr Kuberski conducting a sole proprietorship under the name iQub Piotr Kuberski at the address: 95-010 Warszewice 54C, Stryków commune, Zgierz district, province. Łódź, Poland, in accordance with the entry in the Central Register and Information on Economic Activity of the Republic of Poland supervised by the Ministry of Development and Technology, NIP: 7282208300, REGON 389159302, email: , contact phone: +48 531 276 848, every day on Working Days from Monday to Friday from 8:00 a.m. to 5:00 p.m., on Saturdays from 9:00 a.m. to 3:00 p.m. (the User is charged for the connection according to the operator’s fee schedule);
- Online Store – a group of websites at the URL address: https://occhianera.pl run by the Seller, enabling the conclusion of Sales Agreements;
- Ordering Party – an adult natural person who has the capacity to perform legal acts (which also includes the Consumer-Entrepreneur), a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, placing an Order within the Online Store;
- User – any person using the Online Store;
- Product or Products – coffee beans or coffee bean compositions, coffee brewing accessories and other products offered by the Seller in the Online Store for retail sale;
- Product Page – a single subpage in the Online Store, presenting detailed information about the Product;
- Price – the gross price of the Product placed next to the information about the Product;
- Order – a declaration of will of the Ordering Party submitted via the Online Store, indicating a Product or a set of Products specified for implementation by the Ordering Party, in accordance with these Regulations;
- Working Days – weekdays from Monday to Friday, excluding public holidays;
- Sales Agreement – a Product Sales Agreement within the meaning of the provisions of the Civil Code concluded between the Seller and the Ordering Party using the Online Store, i.e. concluded using means of distance communication;
- Account – a tool available in the Online Store system, after entering the e-mail address (Login) and Password, enabling, among other things, tracking the stages of Order fulfillment in the Online Store, viewing the history of Orders, editing the Ordering Party’s contact details and changing the Password, etc.;
- Login – an e-mail address provided by the User during registration in the Online Store, required together with the Password to set up an Account;
- Password – a sequence of characters including letters, digits selected by the User during Account registration, used to secure access to the Account;
- Consumer – a natural person entering into a legal transaction with the Seller that is not directly related to their business or professional activity, in accordance with the definition contained in Art. 22 (1) of the Civil Code;
- Consumer-Entrepreneur – a person running a sole proprietorship concluding a Sales Agreement directly related to the business or professional activity conducted by them, but not having a professional character for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity;
- Civil Code – Act of 24 April 1964, the Civil Code (consolidated text, Journal of Laws of 2022, item 1360, as amended);
- Consumer Act – Act of 30 May 2014 on consumer rights (consolidated text, Journal of Laws of 2020, item 287, as amended);
- Act on the provision of services by electronic means – the act of 18 July 2002 on the provision of services by electronic means (consolidated text Journal of Laws of 2020, item 344, as amended);
- Code of good practices – a set of rules of conduct, in particular ethical and professional standards, referred to in art. 2 point 5 of the Act on counteracting unfair market practices of 23 August 2007 (consolidated text Journal of Laws of 2017, item 2070, as amended);
- Regulations – these regulations of the Online Store.
CHAPTER II – GENERAL PROVISIONS:
- Placing an Order for Products offered in the Online Store and fulfilling Orders is based on these Regulations and generally applicable provisions of law. These Regulations are the regulations referred to in art. 8 of the Act on the provision of services by electronic means.
- The number of offered Products covered by a promotion or subject to sale may be limited by the Seller, e.g. in time or quantity, and the Seller will inform about any restrictions with a given promotion or sale. Orders for Promotional Products are then fulfilled in the order in which they were placed by the Ordering Party. Promotions offered in the Online Store cannot be combined, unless the rules of a given promotion state otherwise.
- The information provided in the Online Store (in particular regarding Prices) does not constitute a commercial offer within the meaning of art. 66 of the Civil Code, it is only an invitation to submit offers to the Seller specified in art. 71 of the Civil Code.
- All prices given on the website of the Online Store are expressed in euros (EUR) or US dollars (USD) and are gross prices (include VAT).
- It is forbidden to use the Online Store to send unsolicited commercial information, so-called spam within the meaning of the Act on the provision of services by electronic means, as well as to use the Online Store in a manner contrary to the law, good customs, violating the personal rights of third parties or the legitimate interests of the Seller.
- In order to use the Online Store, the User should, at their own expense, obtain access to a computer station or other terminal device with Internet access and active e-mail. The use of the Online Store is possible for the User with the following equipment:
a. a PC or other device with Internet access;
b. Internet access;
c. an Internet browser, e.g. Firefox, Opera, Internet Explorer or Google Chrome or another;
d. an active e-mail account,
e. enabled support for necessary cookies. - Direct contact with the Seller is possible by e-mail, telephone or using the contact form available in the Contact tab. All contact details of the Seller are provided in these Regulations and in the Online Store. The Seller does not charge any fees for communication with him using the means of distance communication indicated in this paragraph.
- The Seller informs that he does not apply any Code of Good Practice.
CHAPTER III – SERVICES PROVIDED ELECTRONICALLY:
- Services provided electronically by the Seller on the basis of these Regulations consist of enabling Users to make purchases in the Online Store, in particular using the Account and the Account Password reminder service and receiving commercial, marketing and advertising information about the Seller’s Products (newsletter) from the Seller by e-mail. A free Product search engine is also available in the Online Store. These services are provided 24 hours a day, 7 days a week. These services are free of charge for Users.
- Using the Account requires the User to register and provide an e-mail address that is also the Login and to set a Password. A message will be sent to the User’s e-mail address provided in the registration form confirming the correct registration of the Account. Upon confirmation of the Account registration, an agreement regarding the management of the Account is concluded between the User and the Seller under the terms and conditions specified in the Regulations.
- Account registration is free of charge and voluntary. The Login and Password are confidential. The User using the Login and Password is asked to keep this information confidential. The Password is not known to the Seller. The Account is non-transferable, the User is not allowed to use the Accounts of other Users or provide other people with the possibility of using their Account, including the Login and Password. The User may resign from the Account at any time by contacting the Seller.
- The Account Password reminder service consists of enabling the User who registered the Account to send a link to the e-mail address indicated during Account registration, which will enable the creation of a new Account Password.
- The newsletter service is available to any User who agrees to subscribe to the newsletter when placing an Order or registering the Ordering Party’s Account or enters the e-mail address in the field provided for this purpose in the Online Store. Upon subscription to the newsletter, an agreement for the provision of electronic services is concluded between the User and the Seller under the terms and conditions specified in the Regulations. The User may unsubscribe from the newsletter at any time by contacting the Seller.
- The Seller also provides a free Product search engine in the Online Store, the search is possible after entering the searched Product name or its fragment.
- Users may not post or share content in the Online Store that could in any way violate the personal rights of third parties or the Seller, or violate any other rights of third parties, including copyright, industrial property rights, business secrets. Users are also prohibited from posting any content of an offensive nature, violating good customs, legal regulations or social norms, or content containing any personal data of third parties without their consent, as well as content of an advertising nature.
- The agreement for the provision of electronic services by the Seller in the scope of the services described in this Chapter is concluded for an indefinite period. The User may terminate this agreement at any time free of charge with immediate effect, which shall not affect the performance of already concluded Sales Agreements, unless the parties agree otherwise.
- The Seller makes every effort to ensure the proper and uninterrupted operation of the Online Store. In the event that the services offered by the Seller indicated in these Regulations, e.g. are inconsistent with them, do not function properly, the User has the right to file a complaint. Users are asked to file complaints in electronic form to the e-mail address: in order to streamline the complaint handling process, indicating in the complaint their personal data, contact telephone number or e-mail and describing the reported reservations.
- Complaints related to services provided electronically by the Seller are considered within 30 days of filing the relevant complaint, but if the complaint is filed by a Consumer or Consumer-Entrepreneur – the deadline for its consideration is 14 days from the date of filing the complaint, in accordance with applicable regulations. The User will be informed by the Seller about the method of its consideration by e-mail.
- In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC, the so-called Digital Services Act (DSA), the Seller informs that if the User finds information in the Online Store that, in his or her opinion, may constitute content violating the provisions of Polish, EU or European Union Member State law, e.g. incitement to terrorism, promotion of totalitarianism, hate speech, discriminatory content, infringement of intellectual property rights, sale of counterfeit products, provision of services in violation of Consumer Rights, content depicting the sexual exploitation of children or the use of an animal, cyberbullying, illegal advertising, . breach of secrecy, other discriminatory content, etc. – is requested to immediately notify the Seller
- The report can be submitted by e-mail to , providing your name and surname, the URL address of the website on which the unlawful information is located, as well as the justification of the User’s opinion that the content is unlawful.
- The User is also requested to submit a statement confirming the good faith belief of the User making the report that the information and allegations contained in the report are correct and complete. If the User wants to obtain feedback from the Seller on the status of the report and the actions taken by the Seller, is requested to provide a contact e-mail address. The Seller will check the report as soon as possible. In the event that the reported information turns out to be unlawful, the Seller will immediately take appropriate action, and if the User has requested to be notified of the case – the Seller will inform the User about the actions taken.
CHAPTER IV – ORDER AND CONCLUSION OF A SALES AGREEMENT:
- When purchasing Products in the Online Store, the User may, but does not have to, create an Account.
- In order to place an Order in the Online Store, the User is asked to perform the following actions:
a. select the Product to be purchased, the quantity of the ordered Product and click the “Add to cart” button,
b. if the Ordering Party has already selected all the Products for the order, they should click on the cart logo in the upper right corner of the page to see the ordered Products; in this step, the User may enter a coupon code entitling them to a discount, if they have previously received one from the Seller, and then click “Proceed to payment”,
c. in the next step, you must provide your shipping details or log in to your Account (in this step, the Ordering Party can enter comments to the Order addressed to the Seller, and by checking the appropriate checkbox, register an Account), you can also provide a different delivery address than the Ordering Party’s address, then you must select a payment and delivery method from those available in the Order form, and in order to complete placing the Order, after verifying the information entered by the Ordering Party and modifying it if there was an error and accepting the Regulations, click the “Buy and pay” button. - Placing Orders in the Online Store is possible 24 hours a day, 7 days a week, however, the Seller only ships Orders on Business Days.
- Sending the Order by the Ordering Party constitutes an offer from the Ordering Party to the Seller to conclude a Sales Agreement, in accordance with the Regulations.
- The Ordering Party receives from the Seller:
a. e-mail confirmation of receipt of the Order in the form of an automatically generated e-mail message containing the number and date of the Order, the Ordering Party’s data, the description of the Product (or a link to the description on the Product Page in the Online Store), the Price and other information regarding the Order;
b. confirmation of the conclusion of the Sales Agreement, i.e. an e-mail message about payment for the Order to the e-mail address indicated by the Ordering Party in the Order. Confirmation of the conclusion of the Sales Agreement is sent after verification of payment for the Order and acceptance of the Order for execution. In the case of payment on delivery, the confirmation of the conclusion of the Sales Agreement is an e-mail message confirming acceptance of the Order for execution. Upon receipt of the above-mentioned confirmation, the Sales Agreement is concluded. The Sales Agreement is concluded in Polish. - Until the “Buy and pay” button is clicked, the User may at any time change the previously made selection of the Product or interrupt the ordering process and cancel the Order. The Ordering Party is bound by the Regulations from the moment of placing the Order. The Seller does not specify the minimum amount of the Order.
- The content of Sales Agreements is stored by the IT system of the Online Store for the period of having an Account in the Online Store, and the content of these agreements is made available only to the parties to the Sales Agreement. Each Ordering Party, after logging into the Account, has access to all of their Sales Agreements concluded in the Online Store for the period of their storage in the IT system specified in the first sentence. In the absence of an Account, the content of Sales Agreements concluded using the Online Store is stored by the IT system of the Online Store until the expiry of the Seller’s liability period under the warranty.
CHAPTER V – PAYMENT METHODS, DELIVERY COSTS:
- The payment methods available in the Online Store are:
a) payment in advance to the Seller’s bank account indicated in the Order, as well as in the e-mail confirming the placement of the Order,
b) payment in advance for the Order using the przelewy24 electronic payment system – also using BLIK and by credit card (supported payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro),
c) payment upon receipt of the Order from a courier company – this payment method may involve the Ordering Party incurring an additional fee. - Electronic payments are made in such a way that the Ordering Party selects electronic payment as the payment method in the Online Store and is redirected to the transaction service, where after logging in to the bank or selecting payment via a bank supporting BLIK payments, receives a ready-to-accept transfer form with the appropriate amount, transfer title and Seller’s data. After accepting the transfer, the Ordering Party is redirected back to the Online Store website.
- The operator of the przelewy24.pl electronic payment system is PayPro S.A. with its registered office at ul. Pastelowa 8, 60-198 Poznań, entered into the register of entrepreneurs of the National Court Register by the District Court of Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, share capital of PLN 5,476,300.00 fully paid up, NIP 7792369887, a national payment institution, supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under UKNF number IP24/20214. The payment regulations are available at: https://www.przelewy24.pl/regulamin The Ordering Party’s personal data are transferred to PayPro S.A., which is their personal data controller.
- In the case of prepayment for the Order, the Seller expects payment for the Order for 3 Business Days from the conclusion of the Sales Agreement. After this deadline has expired without success, the Seller will request the Ordering Party to pay for the Order, indicating an additional deadline, and after this deadline has expired without success, the Order will be canceled.
- The start time of the Order’s execution coincides with the moment of obtaining information about the payment from the electronic payment system or payment card operator, or with the moment of concluding the Sales Agreement – in the case of choosing cash on delivery.
- The Seller delivers the ordered Products to the place indicated by the Ordering Party via a courier company. Delivery costs are provided each time the Ordering Party selects the delivery method when placing the Order. Delivery costs start at 5 EUR/USD and depend on the place of delivery and the selected delivery method. Delivery costs are visible to the Ordering Party when placing the Order and are payable in the currency in which the Order is paid.
- The total cost of the Order (i.e. the Product Price together with the costs of the selected delivery method of the Order) are visible to the Ordering Party in the Order panel before placing the Order and in the email confirming the Order, as well as in the Account after the User logs in. The Consumer or Consumer – Entrepreneur will be charged with additional costs only after obtaining their express consent.
CHAPTER VI – ORDER FULFILLMENT:
- For a given Order, the Price at the time of placing the Order is binding.
- The expected time of Order fulfillment, i.e. sending the parcel with the Order is usually 1 Business Day after the Seller receives information about making the payment or concluding the Sales Agreement in the case of payment on delivery.
- Date of receipt of the Order = time of transferring the Order for shipment + time of delivery of the Products to the Ordering Party.
- Upon delivery of the Order, the Ordering Party is asked to check, in the presence of the courier or at the parcel locker, whether the packaging of the parcel and the Products contained in it are not damaged due to transport, whether they are intact and in accordance with the Order. Checking the parcel is a free service, guaranteeing the highest quality of services. In the event of damage to the parcel, incompleteness or inconsistency of the parcel with the Order, the Ordering Party is asked to draw up a damage report in the presence of the courier and immediately report this fact to the Seller. In the event of delivery to an InPost/Orlen Paczka parcel locker or at an Orlen Paczka collection point, the Ordering Party is asked to report irregularities on the device’s dashboard or at the Orlen Paczka collection point – this is important because reporting to the carrier is the basis for the Seller’s complaint.
- A VAT invoice is issued for each sold Product and sent by e-mail to the Ordering Party’s address indicated when placing the Order. The sales document constitutes written confirmation of the content of the placed Order and the concluded Sales Agreement.
- The Ordering Party is kept informed of any changes to the Order status by e-mail.
CHAPTER VII – COMPLAINTS:
- The Seller shall be liable to Ordering Parties who are not Consumers or Consumers-Entrepreneurs for defects in the Product in accordance with the principles of liability under the warranty specified in the provisions of the Civil Code, in particular Articles 556 and 556(1) – 576 of the Civil Code. The Seller hereby informs that if the purchaser of the Product is not a Consumer or a Consumer-Entrepreneur, the Seller’s liability under the warranty is excluded pursuant to Article 558 §1 of the Civil Code.
- Unless the provisions of the law applicable to the place of delivery of the Products ordered by the Consumer are more favorable to the Consumer than Polish law, the Seller shall be liable to the Consumers and Consumer-Entrepreneurs for the non-conformity of the Product with the Sales Agreement pursuant to the principles specified in the provisions of the Consumer Act – Chapter 5B, in particular Articles 43a-43g of the Consumer Act. The Seller shall be liable for the non-conformity of the Product with the Sales Agreement, which non-conformity occurred during the delivery of the Product and became apparent within two years from that moment.
- In the event of non-compliance of the Product with the Sales Agreement, the Consumer or Consumer-Entrepreneur may file a complaint to the Seller under the warranty by sending it by e-mail to the e-mail address: or in writing to the address: Occhianera, Warszewice 54C, 95-010 Warszewice, Poland.
- When filing a complaint to the Seller, the Ordering Party is asked to provide the following information in order to streamline the complaint handling process: first name and last name, Order number, e-mail address and to precisely describe the non-compliance of the Product with the Sales Agreement and the complaint request under the warranty (replacement with a new one, reduction of the Price, withdrawal from the Sales Agreement in the event of a significant non-compliance of the Product with the Sales Agreement).
- Complaints are considered within 14 days of filing the relevant complaint, in accordance with applicable regulations. The Ordering Party will be informed about the manner of its consideration by the Seller via e-mail to the e-mail address provided by the Ordering Party.
- The Seller informs that it agrees to the resolution of consumer disputes in the manner of the Act of 23 September 2016 on the extrajudicial resolution of consumer disputes (Journal of Laws 2016, item 1823). In the event that the complaint is not accepted by the Seller, the Consumer may use extrajudicial methods of handling complaints and pursuing claims and request intervention from the Provincial Inspectorate of the Trade Inspection in Łódź (90-730), ul. Gdańska 38, e-mail: , https://wiih.lodz.pl Detailed procedures for using the assistance of the Trade Inspection and the addresses of the institutions are also available on the website https://polubownie.uokik.gov.pl Extrajudicial pursuit of claims after the end of the complaint procedure is free of charge. In the case of a Customer who is a Consumer who wants to use an out-of-court method of claim settlement, there is also the possibility of filing a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/. For the avoidance of doubt, the Seller indicates that the rights described in this section 6 do not apply to the Ordering Party who is a Consumer – Entrepreneur.
CHAPTER VIII – PERSONAL DATA:
- By placing an Order in the Online Store without registering an Account, and/or registering an Account, and/or contacting the Seller (by e-mail, telephone or via the contact form), and/or using other services provided by the Seller electronically described in detail in Chapter III of the Regulations, the User provides the Seller with their personal data (name and surname, address, e-mail address, telephone number, possibly company name, business address, Tax Identification Number, IP address of the computer used by the User when browsing the Online Store).
- The legal basis for the processing of personal data is the performance of the agreement concluded with the User in the scope of the sale of Products, the performance of other services provided electronically by the Seller or contact with the User based on the User’s request, in accordance with the provisions of art. 6. sec. 1. lit. b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”). In the case of registration of an Account and/or subscription to the newsletter – the legal basis for the processing of personal data is the User’s consent, in accordance with the provisions of art. 6. section 1. letter a) of the GDPR Regulation.
- The Seller is the administrator of personal data. Providing personal data in each of the situations indicated in point 1 is voluntary, but necessary for the purposes of achieving the purpose for which the data was obtained. The data of the Ordering Party may be made available only to entities indicated in these Regulations in order to execute the Sales Agreement, as well as other entities authorized to do so, in accordance with applicable law, e.g. the State Trade Inspection, courts, law enforcement authorities – at their request. User data will not be processed in an automated manner, nor will it be subject to profiling. Data is not transferred outside the European Economic Area.
- More information on the processing of personal data, including User rights, can be found in the Privacy Policy, which is an integral part of the Regulations.
CHAPTER IX – RIGHT TO WITHDRAW FROM THE SALES AGREEMENT:
- In accordance with Article 27 of the Consumer Act, the Seller informs about the right of the Consumer and the Consumer-Entrepreneur to withdraw from the Sales Agreement within 14 days without giving any reason. The deadline for withdrawal from the Agreement expires after 14 days from the day on which the Consumer or the Consumer-Entrepreneur came into possession of the item or on which a third party other than the carrier and indicated by the Consumer or the Consumer-Entrepreneur came into possession of the item.
- In order to exercise the right to withdraw from the Sales Agreement, the Seller must be informed of the decision to withdraw from the Sales Agreement by means of an unequivocal statement (for example, in the form of a letter sent by letter or e-mail). If the Consumer or Consumer-Entrepreneur uses the form of sending the declaration of withdrawal from the Sales Agreement by e-mail, the Seller will immediately send the Consumer or Consumer-Entrepreneur a confirmation of receipt of the information on withdrawal from the agreement on a durable medium (e.g. e-mail).
- The Consumer or Consumer-Entrepreneur may also use the model withdrawal form, which constitutes Annex No. 1 to these Regulations, but this is not obligatory.
- In order to meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send information regarding the exercise of the right of withdrawal of the Consumer or Consumer-Entrepreneur from the agreement before the deadline for withdrawal from the Sales Agreement expires.
- Effects of withdrawal from the contract: in the event of withdrawal from the Sales Agreement, the Seller shall return to the Consumer or Consumer-Entrepreneur all payments received from him, including the costs of delivering the Products (with the exception of additional costs resulting from the method of delivery chosen by the Consumer or Consumer-Entrepreneur other than the cheapest standard method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the decision of the Consumer or Consumer-Entrepreneur to exercise the right to withdraw from the Sales Agreement. 6. The Seller shall make the refund using the same payment methods that were used by the Consumer or Consumer-Entrepreneur in the original transaction, unless the Consumer or Consumer-Entrepreneur has expressly agreed to a different solution; in each case, the Consumer or Consumer-Entrepreneur shall not incur any fees in connection with this refund. In the case of payment for Products by payment or credit card, the refund is made to the bank account assigned to the card. The Seller may withhold the refund until the Products are received or until proof of their return is provided, depending on which event occurs first.
- The Consumer or Consumer-Entrepreneur is requested to send or deliver the returned Products to the following address of the Seller: Occhianera, Warszewice 54C, 95-010 Warszewice, Poland, immediately, and in any case no later than 14 days from the day on which the Consumer or Consumer-Entrepreneur informed the Seller of the withdrawal from the Sales Agreement. The deadline is met if the Consumer or Consumer-Entrepreneur sends back the Product before the expiry of the 14-day period. The Consumer or Consumer-Entrepreneur will have to bear the direct costs of returning the Products.
- The Consumer or Consumer-Entrepreneur is only liable for the reduction in the value of the Products resulting from their use in a manner other than necessary to determine the nature, characteristics and functioning of the Products. This means that if the Consumer or Consumer-Entrepreneur returns a damaged Product, used for a purpose other than necessary to determine the nature, characteristics and functioning of the Product, the Seller is entitled to return the Price to the Consumer or Consumer-Entrepreneur reduced by the lost value of the Product due to improper use of the Product. The Consumer or Consumer-Entrepreneur is requested to properly secure the returned Products during their transport to the Seller.
- In accordance with the provisions of art. 38. sec.1. Consumer Act, the Consumer and the Consumer-Entrepreneur do not have the right to withdraw from the contract in relation to contracts:
- for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer or the Consumer-Entrepreneur who was informed before the commencement of the provision that after the entrepreneur has provided the service, he will lose the right to withdraw from the contract;
a. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract expires;
b. where the subject of the service is a non-prefabricated item, manufactured according to the specifications of the Consumer or Consumer-Entrepreneur or intended to meet their individual needs;
c. where the subject of the service is an item that spoils quickly or has a short shelf life;
d. where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
e. where the subject of the service is items that, due to their nature, are inseparably connected with other items after delivery;
f. where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
g. where the Consumer or Consumer-Entrepreneur expressly requested that the entrepreneur come to them for urgent repairs or maintenance; if the entrepreneur additionally provides services other than those requested by the Consumer, or supplies items other than spare parts necessary for repair or maintenance, the right to withdraw from the contract is granted to the Consumer or Consumer-Entrepreneur in relation to additional services or items;
h. in which the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
i. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
j. concluded by way of a public auction;
k. for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; l. for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the Consumer or Consumer-Entrepreneur before the deadline for withdrawal from the contract expires and after the entrepreneur has informed him of the loss of the right to withdraw from the contract.
CHAPTER X – OTHER PROVISIONS:
- In matters not regulated by these Regulations, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act on the provision of services by electronic means, the GDPR Regulation, and in relation to Consumers and Consumer-Entrepreneurs also the Consumer Act.
- For the avoidance of doubt, the Seller informs that none of the provisions of these Regulations limits or excludes the Consumer’s rights, which they are entitled to under the provisions of the law of the Consumer’s place of residence, in particular if they are more favorable to the Consumer.
- The Seller is authorized to introduce changes to these Regulations for important reasons (e.g. changes in legal regulations, changes in the rules of operation of the Online Store). In the event of changes to these Regulations, the User will be notified at least 14 days in advance before the date of entry into force of the changes (appropriate information about changes to the Regulations will be placed in the Online Store, and the User who has an Account or subscribes to the newsletter will also receive information by e-mail). In the event of non-acceptance of the amended Regulations, the User has the right to resign from using the Online Store and terminate the service agreement. This does not exclude or limit the User’s right to resign from using the Online Store at any time.
- The Seller also informs that all photos, texts, drawings, graphics, trademarks or logos included in the Online Store are protected under the provisions of the Act of 04.02.1994 on copyright and related rights. Any use or sharing of content from the Online Store, including in fragments, requires the prior consent of the Seller.
- The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the website of the Online Store.
- The provisions of the Regulations should be interpreted in a way that ensures their compliance with applicable legal provisions.
Warszewice, 08.10.2024.