Terms & Conditions

Last updated: April 12, 2023

I. GENERAL PROVISIONS

• These Regulations define the rules for the provision of services by the Seller to the Customers of the Online Store operating at www.pilea-shop.com , as well as the rights and obligations of the Customer and the Seller.

• The online store is run by Pilea sp. z o. o. with its registered office in Wrocław, ul. Stanisławowska 47, 54-611 Wrocław (also an address for service), entered into the Register of Entrepreneurs kept by the District Court for Wrocław - Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under KRS number 0000994924, NIP 8943196015 , REGON 523261081, with a share capital of PLN 5,000, e-mail address: [__], contact phone number: (+ 48 ) [__] , [__] (fee as for a regular telephone call - according to the tariff package of the relevant operator).

• The Regulations of the Online Store are placed on the Website [__] in a way that allows customers to obtain, reproduce and record its content. The Regulations are also made available to Customers before concluding the Sales Agreement.

• The Regulations are addressed to Customers who are Consumers, Entrepreneurs with consumer rights and Entrepreneurs.

• Acceptance of the Regulations is voluntary, but necessary to place an Order and conclude a Sales Agreement.

• Whenever the following capitalized phrases are used in the Regulations, they should be understood in the meaning given to them, unless the context of their use clearly indicates otherwise:

• Price the amount of gross remuneration specified in Polish zlotys due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include the cost of delivering the Product.

• Business day a day from Monday to Friday, excluding public holidays.

• Customer / Buyer Consumer, Entrepreneur with consumer rights and Entrepreneur who plans to place or places an Order via the Online Store.

• Civil Code Act of April 23, 1964. ( i.e. Journal of Laws of 2022, item 1360, as amended ).

• Consumer a natural person making a legal transaction with the entrepreneur not directly related to his business or professional activity.

• Total Price Price together with possible other costs that the Customer has expressly agreed to, e.g. delivery costs, which make up the entire cost of performing the Sales Agreement.

• Product / Item a movable item available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller, for the payment of the Price.

• Entrepreneur a natural person, legal person or organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.

• Entrepreneur with consumer rights a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

• Regulations this document specifying the rules for the provision of services by the Seller via the Online Store to Customers. The Regulations define the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services ( i.e. Journal of Laws of 2020, item 344).

• Online Store / Store a platform that allows the Customer to place Orders and provide services provided by the Seller electronically, run by the Seller, available at the Internet address: www.pilea-shop.com .

• Seller Pilea sp. z o. o. with its registered office in Wrocław, ul. Stanisławowska 47, 54-611 Wrocław (also an address for service), entered into the Register of Entrepreneurs kept by the District Court for Wrocław - Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under KRS number 0000994924, NIP 8943196015 , REGON 523261081, with a share capital of PLN 5,000, e-mail address: [__] , contact telephone number: (+ 48 ) [__] , [__] (fee as for a regular telephone call - according to the tariff package of the relevant operator).

• Digital content A product that is data produced and delivered in digital form on a tangible medium.

• Sales Agreement / Agreement an agreement within the meaning of the Civil Code transferring the ownership of the Product from the Seller to the Buyer for the payment of the Price plus any delivery costs, which was concluded remotely. The conclusion of the Sales Agreement takes place after the Seller confirms the Order. In the event of an Order of several Products in one Order, each Product is covered by a separate Sales Agreement.

• Act on Trade Inspection Act of 15 December 2000 on Trade Inspection ( i.e. Journal of Laws of 2020, item 1706).

• Consumer Rights Act the Act of 30 May 2014 on consumer rights ( Journal of Laws of 2020, item 287, as amended ).

• Order / Offer the Customer's declaration of will, in which the Customer submits an Offer to conclude a Distance Sales Agreement via the Online Store, which includes in particular the Price, Product delivery costs, type and quantity of Products.

II. RULES OF USING THE ONLINE STORE

• The information, including the Prices and descriptions of the Products, posted in the Online Store, constitute only an invitation to conclude a Sales Agreement issued by the Seller, and not an offer within the meaning of the Civil Code.

• To effectively establish cooperation with the ICT system and, among others, to place an Order and conclude a Sales Agreement in the Online Store, it is necessary to have, among others: devices with Internet access for browsing websites; access to e-mail; web browser (it is recommended to use the latest versions of web browsers: Firefox , Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.), as well as a keyboard or other device that allows you to correctly fill out electronic forms.

• The use of Services provided electronically may result in common risks related to the transfer of data to the Internet, such as exposure to unsolicited commercial information , malware, password breaking, data loss and their acquisition or dissemination by unauthorized persons. Using the Online Store via the Internet, as well as making a telephone connection in order to contact the Seller may also be associated with the need to incur the costs of connecting to the Internet network (data transfer fee) or telephone connection costs in accordance with the service provider's tariff package, from which the customer uses.

• The Seller applies technical and organizational measures appropriate and proportionate to the degree of threat to the Services provided electronically.

• The Online Store website uses the following software and data, which are not a component of the services provided to the Customer:

• Responsive Web Design (RWD) technology that adapts the content of the website to the device on which it is displayed. The Store's website is ready to be displayed on desktop computers and mobile devices.

• SSL certificate - secure communication encryption protocol.

• [other software or data and their function and purpose, which are not a component of the content of the service, and entered by the Seller into the ICT system used by the Customer].

III. Terms of concluding the Sales Agreement

• The main features of the Product are specified on the Product page. The price of the Product is indicated i.a. on the Product page and in the Order summary.

• Distance communication between the Seller and the Customer takes place through:

• Online Store form;

• e-mail address: [__] ;

• phone: [__] ;

• The conclusion of the Sales Agreement takes place after the Customer has placed the Order.

• Orders in the Online Store can be made by completing the Form available on the Store's website in the following way:

• The Customer marks the Product/Products that he wants to add to the Basket, and then goes to the Basket constituting the Order form;

• When placing an Order, the Customer is obliged to provide correct personal data: name and surname, address, delivery address, e-mail address and mobile phone number. Providing this data is necessary for the proper execution of the Order. In the case of Customers who are not Consumers, it is also necessary to provide the company, and when requesting a VAT invoice, the NIP number.

• The customer chooses one of the available delivery methods;

• The Customer chooses the method of payment of the Price and possible other costs, e.g. delivery costs that make up the entire cost of performing the Sales Agreement. The Total Price will be clearly indicated in the Order summary. Until the Order is sent, the Customer has the option of changing and canceling the Order.

• Before sending the Order, the Customer confirms that he has read the Regulations.

• By pressing the "Order and pay" button, the Customer sends the Order to the Seller and submits an Offer to him. At this stage, depending on the method of payment and the purpose of payment, the Customer may be redirected to the website of an external payment service provider.

• After receiving the Order, the Seller immediately sends an automatic e-mail to the Customer with information about receiving the Order and starting its verification.

• Immediately after verifying the Order, the Seller sends an e-mail to the Customer:

  • with confirmation of acceptance for execution of one, several or all Offers for Products submitted as part of the Order and confirmation of the conclusion of the Agreement or Agreements of sale for the Products indicated in the e-mail;

  • with information about not accepting any Offer for Products submitted as part of the Order, in particular due to non-payment (point IV. section 4.) or earlier failure to collect the Seller's shipment and about not concluding a Sales Agreement.

• The sales contract is concluded when the Customer receives confirmation of acceptance of the Offer(s) from the Order for execution by the Seller in the scope of the Products specified therein.

• In the case of sending the messages referred to in Section III. sec. 4. lit. h) The sales contract regarding the Products not accepted for implementation is not concluded, and the Seller immediately, no later than within 14 (fourteen) days from sending the above message, returns the payments made by the Customer to the extent to which the Sales Agreement has not been concluded. Provision of Section VIII. sec. 10 of the Regulations shall apply accordingly.

• The content of the Sales Agreement is made available and recorded by posting the Regulations on the Online Store website and sending by the Seller confirmation of the conclusion of the Sales Agreement in the scope of the Products indicated in the e-mail to the Customer's e-mail address provided when placing the Order, referred to in Section III. sec. 4. lit. b).

• Placing Orders in the Online Store is possible 24 hours a day, 7 (seven) days a week.

IV. Payment method and payment date

• The seller allows you to make payments in the following ways:

  • transfer to the Seller's bank account,

  • payment via external payment service providers,

  • cash on delivery.

• After placing the Order, the Customer receives an e-mail with a bank account number to which the correct amount should be transferred, which does not exclude the possibility of making a payment in a different way specified in Section IV. sec. 1.

• The online store allows you to make payments through external payment service providers such as:

  • PayPal

• Payment should be made immediately after placing the Order. In case of non-payment:

  • by bank transfer - within 3 (three) days of placing the Order,

  • via external payment service providers within 24 hours of placing the Order,

  the Offer submitted by the Customer under the Order will not be accepted.

• If you choose the method of payment on delivery, the customer is obliged to make the payment upon receipt of the shipment.

V. Delivery

• Delivery of products takes place only on the territory of the Republic of Poland .

• Product delivery is payable.

• Delivery methods may depend on the selected payment method or Product and may change depending on the Products covered by one or more Orders placed at the same time.

• Methods, time and costs of delivery by specific carriers are listed in the " Methods, time and costs of delivery carriers " tab on the Store's website and each time in the Order summary.

• The total delivery date consists of the time of preparing the Product for shipment by the Seller and the time of delivery by the carrier. The time of preparation of the Product is up to 48 hours, and the delivery time depends on the selected carrier and the method of delivery. The delivery date of the Product will not be longer than 14 (fourteen) Business Days from the confirmation of acceptance of the Order for execution by the Seller, unless a shorter period is indicated in the form and in the summary of the Order.

• The time of preparation of the Product (beginning of the delivery period) is counted from the date:

  • crediting the Seller's bank account - in the case of payment by bank transfer and payment via external payment service providers;

  • conclusion of the Sales Agreement - in the case of cash on delivery.

• At the time of handing over the Product to the carrier, the Buyer is notified of this fact by sending an e-mail to the address provided in the Order form. The benefits and burdens related to the Product and the risk of its accidental loss or damage are transferred to the Buyer who is an Entrepreneur with consumer rights and the Entrepreneur upon handing over the Product to the carrier.

VI. Complaints

• The basis and scope of the Seller's liability for physical and legal defects of the Product are defined by generally applicable laws, in particular the provisions of the Civil Code (warranty).

• The Seller's liability under the warranty for the Product towards the Customer who is an Entrepreneur and an Entrepreneur with consumer rights is excluded.

• The Seller is obliged to provide the Consumer with a Product without defects.

• In the event of finding a defect in the Product, the Consumer may submit a written complaint to the following address: ul. Stanisławowska 47, 54-611 Wrocław or in electronic form to the Seller's e-mail address.

• In the complaint, it is recommended to include information about the defect and the date of its discovery, the requested method of restoring the Product's compliance with the Sales Agreement or a statement of price reduction or a statement of withdrawal from the Sales Agreement and contact details. The above indications are recommendations, the implementation of which may speed up the consideration of the complaint, while the lack of their application does not affect the effectiveness of the complaint.

• If the Consumer finds a defect, he may:

  • submit a statement of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective Product with a defect-free one or removes the defect. However, this limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not replaced the Product with a defect-free one or has not removed the defect. The consumer may not withdraw from the Sales Agreement if the defect is insignificant. The Price reduction should be in such proportion to the Price resulting from the Sales Agreement, in which the value of the Product with a defect remains to the value of the Product without a defect. The Consumer may, instead of the removal of the defect proposed by the Seller, demand replacement of the Product with a defect-free one, or instead of replacing the Product, demand removal of the defect, unless bringing the Product into compliance with the Agreement in the selected manner is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would be exposed by a different method of satisfaction.

  • demand replacement of the Product with a defect-free one or removal of the defect, unless bringing the Product into compliance with the Sales Agreement in a manner chosen by the Consumer is impossible or would require excessive costs compared to the other possible way to bring the Product into compliance with the Agreement. The Seller is obliged to replace the defective Product with a defect-free Product or remove the defect within a reasonable time without excessive inconvenience to the Consumer.

• If it is appropriate to return the Product to the Seller in order to consider the complaint and exercise the Consumer's rights under the warranty, the Consumer is obliged to deliver the defective Product at the Seller's expense to the address of ul. Stanisławowska 47, 54-611 Wrocław. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Consumer would be excessively difficult, the Consumer is obliged to make the Product available to the seller in the place where the Product is located. The consumer is obliged to properly secure the returned Product so as to prevent its damage in transport.

• The seller will respond to the complaint in writing or by e-mail within 14 (fourteen) days of its delivery. If the Consumer demanded replacement of the Product or removal of the defect, or made a statement of price reduction, specifying the amount by which the Price is to be reduced, and the Seller did not respond to this request within 14 (fourteen) days, it is considered that the request was justified .

• The Seller is liable under the warranty for physical defects of the Product, if the defect is found within two years from the date of delivery of the Product to the Consumer. A request to remove the defect or replace the Product with a defect-free one may be submitted before the expiry of the period referred to in the first sentence. If the subject of the Agreement is a used Product, the Seller shall be liable if a physical defect is found within one year from the date of delivery of the Product to the Consumer. If the expiry date of the Product specified by the Seller or the Manufacturer ends after two years from the date of delivery of the Product, the Seller shall be liable under the warranty for physical defects of this Product found before the expiry of this period.

• If the Products are covered by a warranty, details are provided in the warranty card attached to the Product and issued by the guarantor.

VII. Out-of-court methods of dealing with complaints and pursuing claims and the rules of access to these procedures

• The following information is for information purposes only and does not oblige the Seller to use out-of-court dispute resolution methods.

• Detailed information on the possibility for the Customer who is a Consumer to use out-of-court methods of dealing with complaints and redress as well as 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, Inspectorates of the Trade Inspection, the Center for Amicable Resolution of Food Disputes and at the following Internet addresses of the Office of Competition and Consumer Protection:

  • http://www.uokik.gov.pl/spory_konsumenckie.php

  • http://www.uokik.gov.pl/spory_konsumenckie.php

  • https://www.biznes.gov.pl/pl/portal/001090

  • https://www.cprsz.pl/strona-glowna-1

• The consumer has in particular (but not exclusively) the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:

  • The consumer is entitled to apply to the permanent amicable consumer court referred to in art. 37 sec. 1 of the Act on the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement.

  • The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 sec. 1 of the Trade Inspection Act, with a request for out-of-court resolution of the dispute between the Consumer and the Seller. Information on the rules and mode of the mediation procedure conducted by the voivodship inspector of the Trade Inspection is available at the offices and on the websites of individual Voivodship Inspectorates of the Trade Inspection.

  • The consumer may submit a complaint via the ODR online platform : http://ec.europa.eu/consumers/odr/ . The ODR platform is also a source of information on the forms of out-of-court settlement of disputes that may arise between entrepreneurs and Consumers.

  • The consumer may obtain assistance in resolving the dispute between the consumer and the seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation).

  • The consumer may submit an application to initiate proceedings before the Center for Amicable Resolution of Food Disputes in accordance with the regulations available at https://www.cprsz.pl/regulamin-11 .

VIII. Withdrawal from the contract

• The Buyer who is a Consumer or an Entrepreneur with consumer rights who has concluded a distance contract has the right to withdraw from the concluded Sales Agreement without giving any reason and without incurring costs within 14 (fourteen) days from the date specified in Point VIII. sec. 3.

• You can withdraw from the Sales Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. The declaration may be made:

  • in writing - to the address of ul. Stanisławowska 47, 54-611 Wrocław;

  • via e-mail to the following address: [__] .

• The time limit referred to in Point VIII. sec. 1. begins with taking possession of the Product by the Consumer, Entrepreneur with consumer rights or a third party other than the carrier indicated by them.

• To meet the deadline, it is enough to send a statement before its expiry.

• The template of the declaration of withdrawal is attached as Annex 1 to the Regulations, however, its use is not obligatory.

• The implementation of the above right does not affect the other Sales Agreements concluded under one Order.

• In the event of withdrawal from a distance contract, the contract is considered void.

• After receiving the declaration of withdrawal from the Agreement, the Seller shall immediately send the Consumer or Entrepreneur with consumer rights to his e-mail address a confirmation of receipt of the declaration of withdrawal from the Agreement.

• In the event of withdrawal from the Agreement, the Seller is obliged to immediately, not later than within 14 (fourteen) days from the date of receipt of the Consumer's statement on withdrawal from the contract, return all payments made by the Consumer or the Entrepreneur on consumer rights, including the costs of delivering the Product (except additional costs resulting from the method of delivery of the Products chosen by the Consumer, exceeding the cheapest usual method of delivery offered by the Seller) . If the Seller has not offered to collect the Product himself, he may withhold the return of the payments received until the Product is returned or the Consumer or Entrepreneur with consumer rights provides proof of its return, depending on which event occurs first.

• The Seller refunds the payment using the same method of payment that was used to make the payment, unless the Consumer or Entrepreneur with consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.

• The product should be returned to the Seller at the address at ul. Stanisławowska 47, 54-611 Wrocław or hand it over to a person authorized by the Seller to collect it immediately, but not later than 14 (fourteen) days from the date of withdrawal from the contract, unless the Seller proposed that he would collect the Product himself. The consumer or Entrepreneur with consumer rights is obliged to properly secure the returned Product so as to prevent its damage in transport. Together with the Product, please attach proof of purchase of the Product or printed electronic proof of purchase of the Product, if possible.

• The Consumer or Entrepreneur with consumer rights bears the direct costs of returning the Product. If the Product, due to its nature, e.g. size and weight, or special features, can not be returned in the usual way, the Consumer or Entrepreneur with consumer rights will have to bear the direct costs of returning the Product, which may turn out to be high. The maximum amount of return costs is estimated on the basis of current price lists published on the websites of carriers dealing with the transport of products that will be returned.

• The consumer or Entrepreneur with consumer rights is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product, including the costs of examining the product by a specialist, repairing a damaged Product, costs of re-introducing the Product for sale. In such a case, the Seller reserves, among others: the right to reduce the amount of the refunded payment or to demand payment to cover the full damage.

• The Seller declares that the right to withdraw does not apply to the contracts indicated in art. 38 of the Act on Consumer Rights, in particular which:

  • the subject of the service is a Product that deteriorates quickly or has a short shelf life;

  • the subject of the service is a Product 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;

  • the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

• By concluding the Agreement, the Consumer or Entrepreneur with consumer rights confirms that he has read the Regulations, including confirms that he has been notified of the right to withdraw from the concluded Sales Agreement.

IX. Rules for publishing opinions

• Each Customer may publish opinions about the Product on the Store's website.

• The seller is not responsible for the content of customer reviews.

• The Customer has no right to publish illegal content and declares that his statements will not infringe, in particular, the rights of the Seller and third parties. The customer bears full responsibility for the statements posted by him on the Store's website.

• The submitted opinion is subject to verification by the Seller in terms of checking whether it does not contain prohibited content, e.g. violating applicable law, including copyright, containing advertising content, personal data, etc.

X. Personal data

• The administrator of personal data is the Seller.

• Detailed rules for the protection of personal data can be found in the "Privacy Policy" tab of the Store .

XI. Final Provisions

• These Regulations are available at the Internet address [ __] .

• The Seller reserves the right to change the Regulations for important reasons. Amendments to the Regulations come into force on the date indicated by the Seller, but not shorter than 7 (seven) days from its publication on the Store's website and apply to Contracts concluded for the future, after this date.

• In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply.

• The choice of Polish law on the basis of these Regulations does not exclude the Consumer's protection granted to him on the basis of provisions that cannot be excluded by way of an agreement between the Seller and the Consumer, which, in accordance with the relevant regulations, would be appropriate in the absence of a choice.

• Agreements with the seller are concluded in Polish.

• The Regulations come into force on [ __ ].