Terms and Conditions
Effective date: 11 December 2017
§ 1. General Provisions
1. The following Terms and Conditions apply to all agreements concluded via the Online Shop available at: www.sklep.otwarteklatki.pl, which is owned and operated by the Seller. In particular, the Terms and Conditions determine the rules for ordering and delivering Goods, the rights of the Customer in respect of the Goods purchased (including the right to terminate the sale agreement), as well as the rules and procedures for handling complaints.
2. The Customer of the Online Shop shall:
a) use the Online Shop in accordance with applicable law and these Terms and Conditions;
b) use the Online Shop in accordance with accepted practices, respecting the personal rights of other entities;
c) refrain from sharing or submitting content that is unlawful;
d) use the Online Shop in a way that does not affect its functioning;
e) use any contents published in the Online Shop solely for personal purposes;
f) refrain from any actions consisting in submitting or publishing any unsolicited commercial information (spam) in the Online Shop.
§ 2. Definitions
The following terms used in these Terms and Conditions shall have the following meanings:
1) Seller – Stowarzyszenie Otwarte Klatki, having its registered office under the following address: A. Grottgera 16/1, 60-758 Poznań, entered into the Register of Associations, Other Social and Professional Organisations, Foundations and Public Health Care Institutions, maintained by the District Court in Poznań – Nowe Miasto I Wilda in Poznań, 8th Commercial Division of the National Court Register under number KRS 0000444120, NIP [tax identification No.]: 7831695600, REGON [business registration No.]: 302326423;
2) Online Shop– the online shop owned and operated by Otwarte Klatki, available at sklep.otwarteklatki.pl;
3) Customer – a user of the Online Shop who is a natural person over the age of 13, provided that individuals younger than 18 require the consent of a statutory representative, unless they have full capacity for legal acts, as well as a legal person or an organisational unit without legal personality which by law is granted legal capacity;
4) Consumer – a natural person engaging in a legal action with a trader for purposes which are outside their trade or profession;
5) Goods – refer to the Goods offered by the Seller for retail sale, available in the Online Shop;
6) Price – the gross price of Goods placed next to the description of Goods. The price does not include the Costs of delivery. The Prices of Goods sold in the Online Shop are expressed in Polish zlotys (PLN) and are inclusive of VAT;
7) Carrier – courier service provider engaged by the Seller. In the event that the Seller uses the services of the Polish post (Poczta Polska) or another public operator, they shall also be considered Carriers;
8) Costs of delivery – the amount paid for the delivery of Goods to the Customer;
9) Order – the order for Goods placed by the Customer in the Online Shop in accordance with these Terms and Conditions;
10) Delivery – the act of delivery of the Goods specified in the order to the Customer by the Carrier on behalf of the Seller.
§ 3. Registration
1. To create an Account, the Customer needs to register. Registration is free of charge.
2. The Customer does not need to be registered to place an order in the Online Shop.
3. In order to become a registered user, the Customer needs to:
a) correctly fill in the registration form available on the Store’s website (in particular, provide the required personal data, login, and password);
b) activate the account by clicking the link sent to the Customer’s e-mail address.
4. Registration is only required once. Each subsequent Order is made using the login and password provided upon registration. The Customer can change the data provided upon registration by using their login and password. The login and password are confidential.
5. Immediately after submitting the completed registration form, the Customer will receive a registration confirmation e-mail sent to the address provided in the registration form. Upon receipt of the confirmation e-mail, an agreement on providing Internet account services by electronic means is concluded between the Customer and the Seller and the Customer may access the account and change the information provided upon registration.
§ 4. Placement of Orders
1. The Customer may purchase Goods available in the Online Shop by placing an order. The Customer can do this 24/7 via the Shop’s website, www.sklep.otwarteklatki.pl
2. To place an Order, the Customer must read and accept these Terms and Conditions and confirm the same by checking the respective field before completing the Order. Failure to do so during the Order placement procedure renders purchase of Goods from the shop impossible.
3. Goods can be ordered by:
a) registered users of the Shop;
b) Customers who are not registered users and make their purchases without registering and logging in.
4. Registered users of the Shop place Orders by logging in to the Shop, adding the Goods to the cart and confirming the Order by clicking the “Confirm” button.
5. Customers who are not registered users of the Shop place Orders by adding Goods to the cart, confirming the Order by clicking the “Confirm” button, and then providing the requested data required for processing the Order in line with the procedure set forth on the Shop’s website.
6. After placing the Order, the Customer will receive an e-mail containing Order details and a confirmation that the Order was received.
§ 5. Prices of Goods
1. Prices of Goods displayed in the Online Shop are expressed in Polish zlotys (PLN) and constitute gross amounts, i.e. include taxes, such as value added tax (VAT).
2. The prices of Goods displayed in the Online Shop do not include costs of delivery. The costs of delivery of Goods are specified on the website each time when an Order is made, including immediately before and upon confirmation of the Order by the Customer, as well as are included in the total value of the Order. The total value of the Order comprises the price of Goods and the delivery costs.
3. Information concerning the price, qualities, and important features of the Goods are available at the website, displayed next to each item.
4. The final and binding price is the one displayed in the “Cart” in the “Summary” section upon placing the Order in the Online Shop.
5. The prices displayed in the Online Shop apply only to the Orders placed via the Online Shop.
6. The prices of Goods available in the Online Shop may be changed from time to time, provided that a change of price shall not affect Orders placed prior to such change becoming effective.
§ 6. Payment Methods and Dates
1. The Seller accepts the following payment methods under the sale agreement:
a) Payment by online transfer to the Seller’s bank account.
Bank: BGŻ BNP Paribas
Account number: 93 2030 0045 1110 0000 0429 6210;
b) Cash on delivery, available only for delivery by courier service;
c) Electronic payments via Przelwy24.pl – as per the Customer’s choice, electronic payment transactions are handled via Przelewy24.pl. Payments are processed by DialCom24 Sp. z o.o. – DialCom24 Sp. z o.o., having its registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the number 0000306513, the company file is stored in the District Court in Poznań, 8th Commercial Division of the National Court Register, the share capital of 1,697,000 zł fully paid up, NIP: 781-173-38-522.
d) PayPal payments
2. Payment dates:
a) For bank transfers and online payments, the Customer shall make the payment within 7 calendar days from the date of the sale agreement;
b) For cash on delivery, the Customer shall make the payment upon receipt of the shipment.
3. The date of payment is the date when the amount is credited to the Seller’s bank account (for transfers and credit card payments) or the successful authorisation of the payment by the Przelewy24 online service.
4. The Seller and the Customer may agree upon other conditions and methods of payment. In such case, the conditions and methods of payment specified in the Order confirmed by the Seller as accepted for processing apply.
§ 7. Order Fulfilment Dates and Methods
Goods are delivered on the territory of the Republic of Poland.
2. Unless otherwise specified in the sale agreement, charges for deliveries apply. The costs of delivery of Goods (including costs of transport, delivery, and postal services) are specified when an Order is made, as well as when the Customer confirms that they wish to enter into a sale agreement.
3. The Goods ordered in the Online Shop are delivered by a forwarder.
4. In the case of international shipments, the cost of delivery is determined individually for each Order, depending on the country of the recipient, as well as the weight and size of the package. Cash on delivery is not available for international deliveries.
5. Order fulfilment time is the time needed to complete the Order and prepare Goods for shipment, and the time required for delivery. Order fulfilment time is determined by the Seller individually upon acceptance of each Order. Normally, completion of orders does not take more than 5 working days after the sale price of the ordered goods is credited to the Seller’s bank account, the payment is authorised by Przelewy24.pl, or – in the case of a cash on delivery – immediately after confirmation by the Seller of the acceptance of the Order for processing.
6. Fiscal receipts and/or VAT invoices are issued for all goods purchased in the Online Shop.
7. At the Customer’s request, the Seller attaches the VAT invoice covering the delivered Goods to the delivered parcel or sends it by e-mail to the address provided by the Customer when placing the Order. The VAT invoice is delivered by e-mail as an electronic file in PDF format. In order to open the file, the Customer should have free software supporting the PDF format. The Seller recommends Adobe Acrobat Reader, which can be downloaded free of charge at http://www.adobe.com.
§ 8. Termination
1. Subject to paragraph 5 below, the Customer, as a consumer, may return the Goods purchased in the Shop without giving any reason and at no further cost by submitting a notice of rescission of the sale agreement in accordance with Article 27 of the Act of 30 May 2014 on Consumer Rights. The Customer may exercise this right within 14 days from the receipt of the Goods. For the rescission to be effective, the notice should be sent within the said time limit. In case of rescission as specified in this paragraph, the Customer shall return the Goods to the Seller within 14 days from the date of the notice of rescission.
2. The time limit for rescission of an agreement starts: with respect to agreements under which the Seller is required to hand over the Goods – from the moment a Consumer or a third party, other than a forwarder, designated by the Consumer comes into possession of the Goods, and in the case of an agreement which concerns numerous items of goods which are delivered separately, in lots or pieces – from the moment of the taking of possession of the last item, lot, or piece; for other types of agreements – from the moment the agreement is concluded.
3. In case of rescission of the sale agreement, the agreement is deemed not concluded.
4. Direct costs of returning the Goods are borne by the Customer. The Seller bears the costs of returning the Goods only if the Seller has agreed to incur costs other than the direct costs of returning the Goods.
5. The consumer is not entitled to rescind the agreement in cases detailed in Article 38(1) of the Act of 30 May 2014 on Consumer Rights, including but not limited to agreements:
a) for the provision of services where the trader has fully performed the service with the consumer’s explicit consent, and the consumer was informed before the commencement of the service that they would lose the right to rescind the agreement upon the completion of the service by the trader;
b) where the performance consists of a non-prefabricated product, custom-made for a consumer or intended to satisfy a consumer’s individual needs;
c) where the performance consists of goods which, owing to their nature, become inseparably connected to other products after delivery;
d) where the performance consists of goods delivered in closed packaging bearing a seal, which cannot be sent back after the packaging has been opened because of healthcare concerns or for hygienic reasons, if the packaging was opened after delivery.
6. The Seller shall reimburse the Customer the amount paid for the Goods returned the Customer within 14 days, counting from the date of delivery to the Seller of the notice of rescission of the sale agreement. The Seller may withhold the return of payments received from the Customer by the time the Goods have been returned or the Customer has supplied evidence of having sent back the Goods.
7. The Consumer may rescind the sale agreement by submitting a notice of rescission to the Seller. Rescission of the agreement for the sale of Goods may be effected by completing the rescission form which can be found on the website and is available as Appendix No. 1 to these Terms and Conditions. For the rescission to be effective, the notice should be sent within the said time limit to email@example.com
8. The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s notice of rescission of the sale agreement, return all payments made by the Consumer, including the cost of Delivery of Goods to the Consumer. The Seller may withhold the return of payments received from the Customer by the time the Goods have been returned or the Customer has supplied evidence of having sent back the Goods, whichever comes first.
9. If the Consumer exercising the right of rescission has chosen a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred.
10. The Consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date of rescission of the sale agreement. To observe the time limit, the Goods should be sent to the address of the Seller before the time limit ends.
11. The Consumer is liable for any reduced value of the Goods resulting from the handling of the Goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
12. The Seller shall return the payment using the same payment method as the Consumer, unless the Consumer has expressly agreed to another method which does not involve any costs on the part of the Seller.
§ 9. Complaints
1. The Seller shall deliver the Goods without any physical or legal defects. Pursuant to Article 556 and subsequent articles of the Civil Code, the Customer is the beneficiary of implied warranty. The Seller is liable under implied warranty if the Goods sold have physical or legal defects.
2. If the Goods have a defect, the Customer may request a price reduction or rescind the sale agreement, unless the Seller, immediately and without undue inconvenience for the Customer, exchanges the defective Goods for ones that are defect-free or immediately removes the defect. This limitation does not apply if the Goods have already been exchanged or repaired by the Seller or if the Seller has not fulfilled the obligation to exchange the Goods for defect-free ones or remove the defect.
3. If the Customer is a Consumer, instead of the defect removal proposed by the Seller, the Customer may request that the Goods be exchanged for ones that are defect-free, or instead of exchanging the Goods, request that the defect be removed, unless bringing the Goods into conformity with the agreement as chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. The Customer may not rescind the agreement if the defect is insignificant.
4. If the Goods have a defect, the Customer may request that the Goods be exchanged for ones that are defect-free one or that the defect be removed. The Seller shall exchange the defective Goods for defect-free Goods or remove the defect within a reasonable time, without causing undue inconvenience to the Customer. The Seller may refuse to comply with the Customer’s request if the defective Goods cannot be brought into conformity with the agreement in the manner chosen by the Customer, or would require excessive costs as compared to the other possible way of bringing the Goods into conformity with the agreement. In the event that the Customer is a trader, the Seller may refuse to exchange the Goods for defect-free goods or remove the defect also when the costs of meeting this obligation exceed the price of the sold Goods.
5. The Customer who exercises their rights under implied warranty shall deliver defective Goods to the Seller at the Seller’s expense.
6. The warranty period is two years (the warranty covers physical defects discovered within two years from the date of receipt of the Goods), subject to the provisions of Article 568(6) of the Civil Code.
7. In the event that the Seller, on the basis of the warranty provisions, supplies defect-free Goods to the Customer, the Seller may at the same time request that the defective Goods be returned.
8. Complaints are handled on the basis of the proof of purchase presented by the Customer.
9. Complaints should be addressed to the Seller. Complaints can also be submitted by traditional or electronic mail, to the address Sklep Otwarte Klatki, ul. Henryka Sienkiewicza 128/10, 50-347 Wrocław or firstname.lastname@example.org, respectively.
10. In the complaint, the Customer should indicate:
a) the description of the defect,
b) the requested method of settlement of the complaint, and
c) the Customer’s contact details (first name, last name, address, e-mail address).
Along with the complaint, the Customer should deliver the Goods concerned. The Seller reserves the right to contact the Customer in order to request additional information if the information provided by the Customer in the complaint is incomplete, rendering handling of the complaint impossible.
11. If the Customer, being a Consumer, requested that the Goods be replaced or the defect be removed, or requested a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 (fourteen) days, the request shall be deemed accepted by the Seller.
12. The Customer shall be notified of the manner of handling the complaint by e-mail sent to the Customer’s email address indicated in the complaint, and in case that the e-mail address has not been provided – to the Customer’s postal address.
13. If the Customer is a Consumer, after the complaint procedure has been completed, the Customer may have recourse to an out-of-court complaint and redress mechanisms. In particular, the Consumer may have recourse to mediation procedures handled by the Provincial Inspectorates of the Trade Inspectorate or permanent consumer arbitration courts operating at Provincial Inspectorates of the Trade Inspectorate. Detailed information on out-of-court complaint and redress mechanisms, as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer advocates, social organisations whose statutory tasks include consumer protection, and Provincial Inspectorates of the Trade Inspectorate. Important information in this respect can also be obtained on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl. In the event of a dispute involving a Consumer, the ODR internet platform, which is available at http://ec.europa.eu/consumers/odr/, may also serve as an out-of-court mechanism of dispute resolution: (the Seller’s e-mail address for the purpose of contact via the ODR Internet platform is as follows: odr@Sprzedawca.pl). The use of out-of-court complaint and redress mechanisms is voluntary and can only take place if both parties to the dispute agree. The above provision is for informational purposes and does not imply the Seller’s consent to participate in out-of-court complaint and redress (dispute resolution) procedures.
§ 10. Personal Data
1. The Seller is the controller of Customers’ personal data.
2. In case of purchases and registration on the shop’s website, the Controller collects the following personal data: first name and last name, company, organisation, or entity name, exact address of residence or registered office, e-mail address, contact telephone number, NIP [tax identification] number.
3. The personal data entrusted to the Seller are used exclusively for the purposes of performance of the sale agreement.
4. In connection with the performance of the agreement, personal data may be shared with courier service providers or other entities acting as intermediaries in the delivery of purchased goods, and operators of payment systems (if this payment method is chosen by the Buyer).
5. Personal data are provided voluntarily, however, without them it is not possible to process orders correctly.
6. Personal data are not shared with other entities for marketing purposes.
7. The Customer has the right to access, correct, delete their data, as well as to request that the processing of their personal data be discontinued.
§ 11. Final Provisions
Agreements concluded through the Online Shop are concluded in Polish.
2. Information and price lists published on the website of the Online Shop at www.sklep.otwarteklatki.pl, referring to goods presented in the Online Shop, do not constitute an offer within the meaning of the Act of 23 April 1964 Civil Code (consolidated text Journal of laws of 2014 item 121, as amended).
3. The Seller respects all rights of Customers provided for in the provisions of applicable law, and in particular those set forth in the provisions of the Act of 23 April 1964 Civil Code (consolidated text Journal of laws of 2014 item 121, as amended) and the Act of 30 April 2014 on Consumer Rights (Journal of laws of 2014, item 827). The provisions of these Terms and Conditions are not intended to limit or exclude any rights of Customers arising from the provisions of law.
4. These Terms and Conditions are available free of charge on the website of the Online Shop at www.sklep.otwarteklatki.pl. The Terms and Conditions are published on the said website in a form that enables capture, reproduction, and recording of the contents of these Terms and Conditions by means of the Customer’s ICT system. Recording, securing, and sharing the content of the agreement concluded via the Online Shop is effected by sending the content of the concluded agreement to the Customer’s e-mail address provided as part of the transaction carried out in the Online Shop.
5. The Terms and Conditions may be changed from time to time, provided that the effective date of the changes will be indicated on the website of the Online Shop. The amended Terms and Conditions shall apply to orders placed from the date of entry into force of the amendments, provided that the amended Terms and Conditions shall be made available on the website of the Online Shop in a way that makes them as accessible as in the case of the current Terms and Conditions, and provided that the Customer confirms that they have read and accepted the amended Terms and Conditions before placing the order, for which such amended Terms and Conditions apply. Amendments to the Terms and Conditions shall not affect orders placed before the date of entry into force of the amendments, or agreements concluded on the basis of such orders.
6. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Act of 23 April 1964 Civil Code (consolidated text Journal of laws of 2014 item 121, as amended) and, in the case of Customers who are Consumers, also the provisions of the Act of 30 April 2014 on Consumer Rights (Journal of laws of 2014, item 827).
7. Appendices to the Terms and Conditions comprise: template of the form of rescission of the agreement, which constitutes Appendix No. 1 to the Terms and Conditions.
8. These Terms and Conditions enter into force on 11.12.2017 and apply to agreements concluded thereafter.