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e-Shop Terms & Conditions

§ 1

Introductory provisions

  1. The Café Individual online store, available at www.kawiarniaindividual.com, prowadzony jest przez Paulina McSperrin prowadzącego działalność gospodarczą pod firmą Paulina McSperrin Kawiarnia “Individual”, wpisaną do Centralnej Ewidencji i Informacji o Działalności Gospodarczej (CEIDG) prowadzonej przez ministra właściwego ds. gospodarki, NIP 5512621713 REGON 61371231.
  2. These regulations are addressed to Consumers and define the rules and procedure for concluding a Distance Sale Agreement with the Consumer via the Store. 

§ 2

Definitions

  1. Consumer a physical person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity. 
  2. Seller - a physical personrunning a business under the name of Paulina McSperrin Kawiarnia “Individual”entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 5512621713, REGON 61371231.
  3. Customer - any entity making purchases through the Store.
  4. Entrepreneur a physical person, a legal person and an organisational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
  5. Store An online store operated by the Seller at www.kawiarniaindividual.com
  6. Distance contract contract concluded with the Customer as part of an organised system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Regulations - these Store regulations
  8. Order the Customer's declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
  9. Account customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
  10. Registration form - a form available in the Store that allows you to create an Account.
  11. Order form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
  12. Cart - an element of the Store's software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  13. Product - a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales Agreement - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means - according to the Product features - a contract for the provision of services and a contract for specific work.

§ 3

Contact with the Store

  1. Seller's address: ul Lubicz 17a/R8, 31-503 Kraków
  2. Seller's e-mail address: kontakt@kawiarniaindividual.com
  3. Seller's telephone number: +48 720 801 844
  4. Seller's bank account number 1050 1445 1000 0092 1035 0121
  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
  6. The customer may communicate by phone with the Seller between 8:00 a.m. and 5:00 p.m., Monday - Friday

§ 4

Technical requirements

To use the Store, including viewing the Store's assortment and placing orders for Products, you must:

  1. end device with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla FireFox, Opera, Safari,
  2. an active e-mail account (e-mail),
  3. enabled cookies.

§ 5

General information

  1. The Seller, to the fullest extent permitted by law, is not responsible for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure. 
  2. Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
  3. The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).

§ 6

Creating an Account in the Store

  1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: name and surname, address, telephone number, e-mail address.
  2. Creating an Account in the Store is free.
  3. Logging in to the Account is done by entering the login and password set in the Registration Form.
  4. The customer has the option at any time without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7

Rules for placing an Order

In order to place an Order: 

  1. log in to the Store (optional);
  2. select the Product that is the subject of the Order, and then click the "Add to Cart" button;
  3. log in or use the option of placing an Order without registration;
  4. if the option to place an Order without registration has been chosen - fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the recipient's details,
  5. click the "Order and pay" button / click the "Order and pay" button and confirm the order by clicking the link sent in the e-mail,
  6. choose one of the available payment methods and depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

§ 8

Delivery and payment methods offered

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    1. Courier delivery
    2. Personal pickup available at: Individual Coffee & Friends Café, Lubicz 17a / R8, 31-503 Krakow.
  1. The customer can use the following payment methods:
    1. Cash on collection
    2. Payment by bank transfer to the Seller's account
    3. Electronic payments
    4. Payment by credit card.
  2. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
  1.  

§ 9

Execution of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
  3. If the customer chooses: 
    1. payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement - otherwise the order will be canceled.
    2. Customer is obliged to make the payment on delivery within 7 days from the date of receipt of information about the readiness of the shipment for collection.
  4. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order. 
    1. In the case of ordering Products with different delivery times, the delivery date is the longest given date.
    2. In the case of ordering Products with different delivery times, the Customer has the option of requesting delivery of the Products in parts or delivery of all Products after completing the entire order.
  5. The start of the period for delivery of the Product to the Customer is counted as follows:
    1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
    2. If the Customer chooses cash on delivery - from the date of the Sale Agreement.
  6. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order.
  7. In the case of ordering Products with different terms of readiness for collection, the Customer has the option of collecting the Products in parts (depending on their readiness for collection) or collecting all Products after completing the entire order.
  8. The beginning of the Product's readiness for collection by the Customer is counted as follows:
    1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
    2. If the Customer chooses cash on delivery - from the date of the Sale Agreement.
  9. Product delivery takes place only in Poland.

§ 10

The right to withdraw from the contract

  1. The consumer may withdraw within 14 days from the Sales Agreement without giving any reason.
  2. The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person designated by him other than the carrier.
  3. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.
  4. In the case of an Agreement that consists in the regular delivery of Products for a specified period (subscription), the date specified in paragraph 1 runs from taking possession of the first thing.
  5. The consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal from the Agreement. To meet the deadline for withdrawing from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of this period.
  6. The statement may be sent by traditional mail by sending the statement to the Seller's address - the Seller's contact details are specified in § 3. The statement can also be submitted on the form, the template of which is attached as Appendix 1 to these Regulations and an attachment to the Act of May 30, 2014 on consumer rights, but it is not obligatory.
  7. If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement.
  8. Consequences of withdrawal from the Agreement:
    1. In the event of withdrawal from a Distance Agreement, the Agreement shall be deemed not to have been concluded.
    2. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest standard delivery method offered by the Seller.
    3. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
    4. The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.
    5. The consumer should send the Product back to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
    6. The consumer bears the direct costs of returning the Product, including the cost of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
    7. The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
  9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as about the cost of returning the Product, will be included in the Product description in the Store.
  10. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
    2. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery,
    3. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life,
    4. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement
    5. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement,
    6. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
    7. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control
    8. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
    9. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
    10. for content delivery digital, which are not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Contract,

§ 11

Complaint and warranty

  1. The Sales Agreement covers new Products.
  2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding the warranty in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
  3. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
  4. The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer's request was considered justified.
  5. Goods returned as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.
  6. If a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store. 

§ 12

Out-of-court ways of dealing with complaints and redress

  1. Detailed information on the possibility for the Consumer  to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Handlowa and at the following internet addresses of the Office of Competition and Consumer Protection:
  2. The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
    1. The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller. 
    2. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller. 
    3. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 13

Personal data in the Online Store

  1. The administrator of personal data of Customers collected via the Online Store is the Seller.
  2. Customers' personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes.
  3. The recipients of the personal data of the Customers of the Online Store may be: 
    1. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
    2. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer's collected personal data to the selected entity servicing the above payments in the Online Store.
  4. The customer has the right to access their data and correct them.
  5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract. 

§ 14

Final Provisions

  1. Agreements concluded through the Online Store are concluded in Polish.
  2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
  3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
    1. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, he can submit a complaint via the EU platform ODR internet forum available at: http://ec.europa.eu/consumers/odr/