Online store terms and conditions

TERMS OF SERVICE

I. General provisions

1. These Terms and Conditions are the terms referred to in Art. 8 of the Polish Act on the Provision of Electronic Services and set out the rules for using the Online Store available at piokal.pl
2. The Online Store operating at https://piokal.pl is run by Alicja Ostrowska, conducting business under the name ZPH “Piokal” Alicja Ostrowska, ul. Żurawiec 2, 32-500 Chrzanów, Poland, tax ID (NIP) 6280005472, in the manner and on the terms set out in these Terms and Conditions.
3. In particular, the Terms and Conditions set out:
   • the terms of the services provided by the Service Provider, including:
     1. the technical requirements necessary to work with the IT system used by the Service Provider;
     2. the prohibition on the Service Provider supplying unlawful content;
   • the type and scope of services provided by the Service Provider by electronic means
   • the rules for registering and using a Store account
   • the obligations of the Service Recipient/Customer/Buyer
   • the obligations of the Service Provider/Seller
   • the conditions for concluding and terminating agreements concluded with the Service Provider by electronic means
   • the terms and rules of delivery
   • the complaints procedure
   • withdrawal from the agreement

II. Definitions (terms) used in the Terms and Conditions

Terms and Conditions – these Terms and Conditions for the provision of electronic services in the Online Store https://piokal.pl/.
Online Store(Store) – the website available at https://piokal.pl/, through which the Service Recipient may in particular place Orders.
Service Provider/Seller – Alicja Ostrowska, conducting business under the name ZPH “Piokal” Alicja Ostrowska, ul. Żurawiec 2, 32-500 Chrzanów, Poland, tax ID (NIP) 6280005472.
Service Recipient/Customer/Buyer – a natural person, legal person or organisational unit without legal personality to which specific provisions grant legal capacity, which concludes an agreement with the Service Provider,
Goods and e-Goods – physical and electronic products offered for sale by the Service Provider.
Sales Agreement – an agreement for the sale of Goods (referred to in Art. 535 of the Polish Civil Code) concluded between the Service Provider/Seller and the Service Recipient/Customer/Buyer using the website (Store).
Order – the Customer's declaration of intent in the form of a completed and accepted order form with the fields marked as “mandatory”, aimed directly at concluding a Sales Agreement and specifying in particular the type and quantity of the selected Goods.
Act on the Provision of Electronic Services – the Polish Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended);

III. Technical requirements

1. Using the Online Store does not require the IT system used by the Service Recipient to meet any special technical requirements other than a standard operating system, a standard web browser and an active e-mail address held by the Service Recipient.
2. To use the Store, the Service Recipient should obtain access to a computer or terminal device with Internet access on their own.
3. The Service Recipient has access to these Terms and Conditions at any time by going to the Store's website and the “Online store terms and conditions” tab, and may also download and print them.
4. Information about the Goods provided on the Store's website, in particular their descriptions, technical and functional parameters and prices, constitutes an invitation to conclude an agreement within the meaning of Art. 71 of the Polish Civil Code.

IV. Type and scope of services provided by the Service Provider

1. Through the Online Store, the Service Provider provides the following services to the Service Recipient:

• making available for browsing the Goods offered in the Service Provider's online sales
• placing orders for Goods by the Service Recipient
• adding ordered Goods to the “Cart”
• enabling the Service Recipient to be automatically redirected to the Service Provider's bank through which payment for the Order is to be made
• enabling the Service Recipient to create an account on the Store's website* 

​​​​​* Creating an account is not a prerequisite for concluding a Sales Agreement

V. Rules for registering and using a Store account

1. The condition for registering an account in the Store is consenting to the Terms and Conditions and providing the personal data marked as mandatory.
2. Registering a Service Recipient account is NOT a condition for starting to use the Online Store. The Service Recipient may also order and purchase Goods without creating an account in the Store.
3. An account is registered by completing and accepting the registration form available on the Store's website.
4. The Service Provider may deprive the Service Recipient of the right to use the Online Store, and may also restrict their access to part or all of the Online Store's resources, with immediate effect, if the Service Recipient breaches the Terms and Conditions, in particular if the Service Recipient:
   • provided untrue, inaccurate or outdated data during registration in the online store, or data that are misleading or infringe the rights of third parties
   • through the online store, infringed the personal rights of third parties, in particular the personal rights of other customers of the online store
   • engaged in other conduct considered by the Service Provider to be contrary to applicable law or the general rules of using the Internet, or damaging to the Service Provider's good name.
5. To ensure the security of messages and data transmitted in connection with the services provided on the Site, the Online Store takes technical and organisational measures appropriate to the level of risk to the security of the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transmitted over the Internet.

VI. Obligations of the Service Recipient/Customer/Buyer

The Service Recipient is obliged in particular to:

• use the Online Store in a manner that does not disrupt its operation, in particular through the use of specific software or devices
• refrain from actions such as sending or posting unsolicited commercial information (spam) within the Online Store
• use the Online Store in a manner that is not burdensome for other customers and for the Service Provider
• use all content posted in the Online Store only for their own personal use
• use the Online Store in accordance with the laws in force in the Republic of Poland, the provisions of the Terms and Conditions and the general rules of using the Internet.

VII. Obligations of the Service Provider/Seller

The Service Provider is obliged in particular to:

• provide, clearly, unambiguously and directly accessible through the IT system used by the Service Recipient, basic information:
  • electronic addresses,
  • first name, last name, place of residence and address, and company name.
• provide the Service Recipient with access to up-to-date information about:
  • specific risks associated with using a service provided by electronic means,
  • the function and purpose of software or data that are not part of the service content, introduced by the Service Provider into the IT system used by the Service Recipient.
• ensure the operation of the IT system it uses, enabling the Service Recipient free of charge to:
  • use the service provided by electronic means in a way that prevents unauthorised persons from accessing the content of the transmission constituting that service, in particular using cryptographic techniques appropriate to the nature of the service provided,
  • unambiguous identification of the parties to the service provided by electronic means and confirmation of the submission of declarations of intent and their content necessary to conclude by electronic means an agreement for the provision of that service, in particular using a qualified electronic signature,
  • stop using the service provided by electronic means at any time.

VIII. Terms and rules for concluding and terminating a Sales Agreement

1. To conclude a Sales Agreement through the Online Store, go to the Store's website, select the Goods and place an Order via an Account or as a Guest.
2. The Service Recipient selects the Goods to be ordered by adding them to the “Cart”.
3. The Service Recipient may modify the order until the “Order” button is pressed, i.e. in particular by modifying the data entered and the choice of Goods.
4. Once the Service Recipient using the Online Store has provided all the necessary data, a summary of the Order placed will be displayed.
5. The summary of the Order placed will contain information about:
   1. the selected Goods
   2. the unit and total price of the Goods ordered, including delivery costs and additional costs (if any)
   3. the selected payment method
   4. the selected delivery method
6. To send the Order, it is necessary to accept the Terms and Conditions, provide the personal data marked as mandatory and press the “Order” button.
7. The Service Recipient's acceptance of the order constitutes a declaration of intent to conclude a Sales Agreement with the Service Provider in accordance with the Terms and Conditions.
8. After placing the order, the Service Recipient should check that the data provided are correct and then click the “Pay” button.
9. Payments in our store are handled by:
   1. PayPro S.A. with its registered office in Poznań (60-198), ul. Pastelowa 8, registered by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, KRS 0000347935
      
      
       
   2. Autopay S.A. with its registered office in Sopot (81-718), ul. Powstańców Warszawy 6, registered by the District Court Gdańsk-Północ, 8th Commercial Division, KRS 0000320590.
      Tax ID (NIP) 5851351185, REGON 191781561. Share capital PLN 2,205,500 (fully paid up). If this payment option is selected, the online payment service provider is Autopay S.A.
      
      
       
10. The forms and types of payment depend on the product, service or order value. In some cases, some forms of payment may be unavailable. Available forms of payment:
    1. Cash on delivery
    2. Bank transfer
    3. Online transfer (the online payment service provider is Autopay S.A. or PayPro S.A.)
    4. Payment cards:
       1. Visa
       2. Visa Electron
       3. Mastercard
       4. MasterCard Electronic
       5. Maestro
          
          
11. If funds need to be refunded for a transaction made by the customer with a payment card, the seller will make the refund to the bank account linked to the Customer's payment card.
12. After placing the order, the Service Recipient receives an e-mail containing all the essential elements of the Order.
13. The agreement is deemed concluded when the Service Recipient receives the e-mail referred to above.
14. The Sales Agreement is concluded in Polish, with content consistent with the Terms and Conditions.
15. Prices of Goods are given in Polish zloty and include all components, including VAT.

IX. Delivery rules and conditions

1. Goods are delivered to the e-mail address or physical address (not applicable to electronic products) indicated by the Service Recipient when placing the Order.
2. Delivery takes place after the Service Recipient's payment for the purchased Goods has been credited to the Service Provider's bank account.
3. The order fulfilment time is counted from the moment of positive payment authorisation.
4. Ordered e-Goods are delivered in electronic form.
5. The delivery time is up to 7 business days from the date the Service Recipient's payment is credited to the Service Provider's bank account, unless the product description states otherwise.
6. The Service Provider sends information on how and when to download the Products to the e-mail address provided by the Service Recipient, unless such information is included in the product description.
7. The essential provisions of the Sales Agreement for Goods are recorded, secured, made available and confirmed to the Service Recipient by sending them to the e-mail address provided and by enclosing a printed confirmation with the shipment containing the Goods.

X. Complaints procedure

1. Complaints arising from a breach of the Service Recipient's rights guaranteed by law or under these Terms and Conditions should be sent to [email protected]. The Service Provider undertakes to consider each complaint within 30 days.
2. The Service Recipient may report irregularities in the operation of the Store in writing to: ul. Żurawiec 2, 32-500 Chrzanów, Poland, by e-mail to [email protected] or using the contact form.
3. In the complaint, the Service Recipient should state their first and last name, correspondence address, and the type and date of the irregularity in the operation of the Store.

XI. Withdrawal from the sales agreement

1. A Service Recipient who is a consumer within the meaning of Art. 22¹ of the Polish Civil Code has the right to withdraw from a distance contract without giving any reason by submitting a relevant written statement within 14 days and sending it to the Service Provider's address given in these Terms and Conditions.
2. The 14-day period is counted from the day on which the Goods were delivered.
3. The Service Provider must, without delay and no later than 14 days from the day it receives the Service Recipient's statement of withdrawal from the agreement, refund to the Service Recipient all payments made, including the cost of delivering the item.
4. The Service Provider refunds the payment using the same means of payment as used by the Service Recipient, unless the Service Recipient has expressly agreed to another means of refund that does not involve any costs for them.
5. The Service Recipient must return the Goods to the Service Provider no later than 14 days from the day on which they withdrew from the agreement. It is sufficient to send the Goods back before this period expires.
6. The Service Recipient bears only the direct costs of returning the Goods, unless the Service Provider has agreed to bear them or failed to inform the Service Recipient that they must bear these costs.
7. The Service Recipient is liable for any reduction in the value of the Goods resulting from using them beyond what is necessary to establish the nature, characteristics and functioning of the Goods, unless the Service Provider failed to inform the Service Recipient of the right of withdrawal.
8. The Service Recipient does not have the right to withdraw from the Sales Agreement in respect of agreements:
   • for the provision of services, if the Service Provider has fully performed the service with the express consent of the Service Recipient, who was informed before the start of performance that they would lose the right of withdrawal once the Service Provider had performed the service;
   • for the supply of digital content not supplied on a tangible medium, if performance began with the express consent of the Service Recipient before the end of the withdrawal period and after the Service Provider informed them of the loss of the right of withdrawal.

XII. Final provisions

1. The Service Provider reserves the right to introduce, change and withdraw offers, prices of Goods and promotions without prejudice to agreements concluded with the Service Recipient before the changes were made.
2. The Service Provider is entitled to make changes to the Terms and Conditions, of which it will inform Service Recipients who have an Account by e-mail.
3. Any disputes between the Service Provider and a Service Recipient who is a consumer within the meaning of Art. 22¹ of the Polish Civil Code shall be settled by the courts competent under the relevant provisions of the Polish Code of Civil Procedure.
4. In cases other than those specified in section 3 above, any disputes shall be settled by the court competent for the Service Provider's registered office.
5. In matters not regulated by these Terms and Conditions, the provisions of the Polish Civil Code, the Act on the Provision of Electronic Services and other relevant provisions of Polish law apply.
6. These Terms and Conditions come into force on 1 March 2023.