Terms of service
§ 1 — Seller Identification
The owner of the Store is:
Filip Sarna Luxury Trade
Registered office: 31-024 Kraków, ul. Szpitalna 20-22/S1
NIP (Tax Identification Number): 6772413308
REGON (Business Registry Number): 366386668
Phone: +48 537 555 583
E-mail: shop@caferare.pl
§ 2 — General Provisions
The online store [hereinafter the “Store”] conducts sales via the Internet on the basis of these Terms and Conditions [hereinafter the “Terms”].
A Customer [hereinafter the “Customer”] may be:
an adult natural person with full legal capacity residing in Poland or within the European Union;
an adult natural person conducting business activity with its registered office in Poland or within the European Union;
a legal person or an organizational unit without legal personality to which the law grants legal capacity, with its registered office in Poland or within the European Union, authorized to make decisions and incur obligations on behalf of the entity;
a minor acting with the consent of a parent or legal guardian.
These Terms constitute an integral part of the sales agreement concluded with the Customer.
Prices stated in the Store are gross prices (including applicable VAT).
Goods available in the Store are new and used. In the case of used goods, the condition of the item is accurately shown in the photographs illustrating the given product. All items are free from physical and legal defects. Liability for defects is determined by applicable legal provisions, in particular Article 12(1)(13) of the Consumer Rights Act (Journal of Laws 2014 item 827 as amended), Articles 556 and 556¹–556³ of the Civil Code (Journal of Laws 1964 No. 16 item 93 as amended).
§ 3 — Orders
Orders may be placed in the following ways:
via interactive forms available on the Store’s websites (customer shopping cart);
by e-mail to the address available on the Store’s website.
A condition for order fulfillment is the provision of data enabling verification of the Customer and the recipient of the goods. The Store confirms acceptance of the order by sending an e-mail to the address provided during the ordering process, describing the subject of the order. In the event that incomplete, incorrect, or contradictory information is provided by the Customer while placing the order, the Store will contact the Customer to correct the errors.
The information visible on the Store’s website regarding the purchased goods at the moment of placing the order is binding for the parties. This applies in particular to: price, characteristics of the goods, their features, elements included in the set, delivery dates, and delivery method.
The information presented on the Store’s website does not constitute an offer within the meaning of the Civil Code. By placing an order, the Customer submits an offer to purchase specified goods.
By placing an order, the Customer submits an offer to conclude a sales agreement for the ordered products.
After placing the order, an e-mail is sent to the indicated address containing information about subsequent stages of order fulfillment: after verification of the submitted order, the Store sends information to the Customer’s e-mail address confirming acceptance of the order for processing. Information regarding acceptance of the order for processing constitutes the Seller’s declaration of acceptance of the offer referred to in § 3 section 5 above, and upon receipt by the Customer, the Sales Agreement is concluded.
After conclusion of the Sales Agreement, the Store confirms its terms to the Customer by sending them to the Customer’s e-mail address or in writing to the postal address indicated by the Customer when placing the order.
If payment by bank transfer is selected, the order fulfillment period will be counted from the moment the funds for the Customer’s order are credited to the Store’s bank account.
§ 4 — Payments
The Customer may choose the following payment methods:
payment by transfer to the indicated bank account (bank transfer);
electronic payment via Przelewy24 (electronic payment);
cash on delivery (COD) – the maximum amount for this payment method is PLN 15,000.
Shipping costs are specified in the order summary.
A condition for releasing the goods is payment for the goods and shipment.
In the case of payment by bank transfer, payment should be made within 7 calendar days from the date of order confirmation.
The payment card operator is PayPro SA Settlement Agent, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068.
§ 5 — Shipment of Goods
The Store ships ordered goods via courier companies (DPD, DHL, FedEx, Pocztex).
§ 6 — Complaints (Warranty for Defects)
In the event of non-conformity of the goods with the agreement, the Customer should return the complained goods to the Store together with a description of the non-conformity.
The Store shall respond to the Customer’s complaint within 14 days from the moment of returning the goods together with the description of the non-conformity.
The complaint form template constitutes Appendix No. 2 to the Terms.
The Store is liable to the Customer under the statutory warranty regulated by the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93 as amended) for a period of 24 months.
In the event of a defect, the Customer may request from the Store (under statutory warranty):
replacement of the goods with new goods;
repair of the goods;
price reduction;
withdrawal from the agreement – provided the defect is significant.
The Store shall respond to the Customer’s requests within 14 days from receipt of the request. The Store will consider the Customer’s requests taking into account the following circumstances:
ease and speed of replacement or repair of the goods;
nature of the defect – significant or insignificant;
whether the goods had previously been subject to complaint.
The Store may refuse the Customer’s request regarding replacement or repair of the goods provided that replacement or repair is impossible or – compared to the alternative request – would require excessive costs. In such a case, the Store will propose an alternative solution.
Every Customer who is a consumer may use out-of-court methods of complaint handling and claim enforcement. In order to use the possibility of amicable resolution of disputes concerning online purchases, the Customer may submit their complaint, for example:
via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/;
via the Małopolska Provincial Inspector of Trade Inspection in Kraków, ul. Ujastek 1, 31-752 Kraków, http://www.krakow.wiih.gov.pl/.
The course of proceedings concerning out-of-court consumer dispute resolution is specified by currently applicable legal provisions (in particular the Act of 23 September 2016 on out-of-court consumer dispute resolution).
All complaints regarding the use of services provided by the Store should be sent to the addresses specified in § 1 of these Terms.
Pursuant to Article 558 of the Civil Code, the Store’s liability under statutory warranty is excluded in the case of agreements concluded with Customers who are not consumers.
§ 7 — Right of Withdrawal from the Agreement
Pursuant to the Consumer Rights Act of 30 May 2014, a Customer who is a consumer has the right to withdraw from the agreement without giving any reason.
Withdrawal from the agreement is effective if the Customer submits a declaration of withdrawal within 14 days from the date of delivery of the goods. To meet the deadline, it is sufficient to send the declaration before its expiry. The declaration may be submitted in any form, for example:
the declaration may be submitted using the form template constituting an appendix to the Consumer Rights Act of 30 May 2014 (constituting Appendix No. 1 to the Terms);
by e-mail to the address specified in § 1 of these Terms;
by post to the address specified in § 1 of these Terms.
The Customer returns the goods to the Store within 14 days from submitting the declaration of withdrawal at their own expense.
The Store refunds the funds within 14 days from receipt of the declaration. The Store may withhold reimbursement of payments received from the Customer until receipt of the returned goods or proof of their return shipment, whichever occurs first.
The Store refunds funds using the same payment method used by the Customer. In the case of payment by payment card, the refund is made to the card account.
If the Customer selected a delivery method other than the cheapest delivery method offered by the Store, the Store will not reimburse the Customer for the additional costs incurred. The Store will reimburse only the cost of the cheapest delivery method for the given item.
The Customer bears all direct costs of returning the goods (e.g. packaging, securing, shipping costs).
The right of withdrawal does not apply to Customers in the case of agreements:
where the subject of performance is a non-prefabricated item manufactured according to the Customer’s specifications or serving to satisfy their individualized needs;
where the subject of performance is an item delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons if the packaging has been opened after delivery;
for the supply of digital content not stored on a tangible medium if performance began with the Customer’s express consent before the withdrawal period expired and after being informed by the Store about the loss of the right of withdrawal;
where the subject of performance is an item subject to rapid deterioration or having a short shelf life;
for the provision of services if the Store has fully performed the service with the Customer’s express consent, who was informed before the performance began that after completion of the service by the Store they would lose the right of withdrawal;
where the subject of performance consists of items which, after delivery, due to their nature, become inseparably connected with other items.
The right to withdraw from the agreement without giving reasons does not apply to Customers who are not consumers.
The Customer is liable for any reduction in the value of the goods resulting from use exceeding what is necessary to establish the nature, characteristics, and functioning of the goods.
§ 8 — Customer Account
The Customer may create an Account within the Store’s websites enabling personalized shopping, viewing order history, viewing order statuses, changing shipping data, access to promotions, and simplification of the ordering process.
The Store does not charge any fees for maintaining a Customer Account.
The Customer may create an Account by completing the appropriate interactive forms available on the Store’s websites.
After completing the appropriate interactive forms on the Store’s websites, an e-mail is sent to the address indicated during registration containing information about subsequent stages of the Account creation service. After verification of the data, the Store sends information about the creation of the Customer Account to the Customer’s e-mail address. Information regarding Account creation constitutes the Seller’s declaration of commencement of the Account maintenance service.
Each Customer may delete the Account at any time, thereby terminating the agreement for the provision of the Account maintenance service. Account deletion may be performed by:
sending an e-mail to the address specified in § 1 of these Terms (the message should contain data allowing identification of the Account owner and information about the intention to terminate the agreement);
sending written correspondence to the address specified in § 1 of these Terms.
The Customer should keep the Account password confidential.
The Store may refuse registration if the data provided during registration raise justified doubts as to their truthfulness and reliability.
The agreement concerning the provision of the Account maintenance service is concluded for an indefinite period, subject to the following sentence. The Customer may terminate the agreement at any time during the provision of the service by contacting:
sending an e-mail to the address specified in § 1 of these Terms (the message should contain data allowing identification of the Account owner and information about the intention to terminate the agreement);
sending written correspondence to the address specified in § 1 of these Terms.
The agreement concerning the provision of the Account maintenance service terminates with immediate effect upon confirmation of the data by the Store.
In justified cases (e.g. gross violation of the provisions of the Terms by the Customer), the Store may terminate the agreement with notice, observing a seven-day notice period.
§ 9 — Newsletter
The Customer may give additional voluntary consent to receive advertising, commercial, marketing content, as well as additional information related to the Store’s business activity, to the indicated e-mail address.
Providing an e-mail address for the purpose of ordering the newsletter service means consent to receive advertising, commercial, marketing content, as well as additional information related to the Store’s business activity at the indicated e-mail address.
After providing the e-mail address, the Customer receives confirmation from the Store regarding commencement of the provision of electronic services.
Receipt by the Customer of the message confirming commencement of electronic services constitutes the moment of conclusion of the agreement.
The provision of services is free of charge.
Access to services provided electronically does not require the Customer to provide any additional data other than the e-mail address.
The agreement concerning the provision of the newsletter service is concluded for an indefinite period, subject to the following sentence. The Customer may terminate the agreement at any time during the provision of the service by resigning from electronically provided services through:
sending an e-mail to the address specified in § 1 of these Terms (the message should contain data allowing identification of the Customer and information about the intention to terminate the agreement);
sending written correspondence to the address specified in § 1 of these Terms.
The agreement concerning the provision of the newsletter service terminates with immediate effect upon confirmation of the data by the Store.
§ 10 — Right to Cancel an Order
The online store www.caferare.pl reserves the right to cancel an order in whole or in part in the following cases:
occurrence of an obvious pricing error resulting from a system or human error;
lack of availability of the ordered goods or inability to fulfill the order for reasons beyond the Store’s control;
reasonable suspicion of violation of the Terms by the Customer, in particular in the case of attempts to make bulk or automated purchases (so-called bots);
technical errors preventing proper order fulfillment.
In the event of order cancellation, the Customer will be immediately informed of the situation, and all payments made by the Customer will be refunded no later than within 14 days from the date of cancellation – to the same account from which payment was made, unless the parties agree otherwise.
Cancellation of the order for the reasons indicated above does not limit or exclude consumer rights resulting from generally applicable legal provisions.
§ 11 — Privacy Protection
The Store processes Customers’ personal data in accordance with applicable legal provisions to the extent specified in the Privacy Policy (Appendix No. 3).
§ 12 — Technical Requirements
In order to use the Online Store, including browsing the assortment and placing orders for products, the following are required:
an end device (e.g. computer, tablet, smartphone) with Internet access and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;
an active electronic mail (e-mail) account;
enabled JavaScript support;
acceptance of the use of cookies (required to place an order).
§ 13 — Special Provisions
With regard to services provided electronically by the Store, these Terms constitute regulations for the provision of electronic services within the meaning of Article 8(1) of the Act of 18 July 2002 on Providing Services by Electronic Means.
The types and scope of services provided electronically by the Store are as follows:
concluding online sales agreements – with regard to goods sold by the Store;
sending e-mail messages in which the Store confirms receipt of the order and the progress of order fulfillment.
The procedure for concluding agreements for the provision of electronic services – with regard to online sales agreements and agreements for sending e-mail messages in which the Store confirms receipt of the order and the progress of order fulfillment – is specified in § 3 of the Terms.
Conditions for termination of online sales agreements are governed by mandatory legal provisions.
§ 14 — Entry into Force and Amendments to the Terms
These Terms enter into force on the date of publication on the Store’s website.
These Terms may be amended.
Amendments to the Terms will be published on the Store’s website.
Information about amendments to the Terms will be sent to the Customer at the e-mail address indicated in the account settings.
Amendments to the Terms enter into force after 14 days from the date of their publication in the manner specified in section 3.
The Store considers that a Customer having an account on the Store’s websites has accepted amendments to the Terms if they have not terminated the agreement before the expiry of the period specified in section 5.
In matters not regulated by the provisions of these Terms, Polish law shall apply.
Appendix No. 1 – Model Withdrawal Form
Appendix No. 2 – Model Complaint Form
Appendix No. 3 – Privacy Policy