Terms and Conditions

§1 Preliminary Provisions

  1. The online store ‘Kawiarnia Anioła’, available at the internet address kawiarnia-aniola.pl, is operated by Zacisze Anioła Palarnia Kawy Kawiarnia Sp. z o. o., based in Łańcut, registered in the National Court Register by the District Court in Rzeszów, 12th Commercial Division of the National Court Register, under KRS number 0000748706, with share capital of 500,000 PLN, NIP 8151804775, REGON 381290474.
  2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the online Store and the principles and procedures for concluding Sales Agreements with the Customer via the Store.

§2 Definitions

  1. Consumer – A natural person entering into a contract with the Seller within the Store, where the subject of the contract is not directly related to their business or professional activity.
  2. Seller – Zacisze Anioła Palarnia Kawy Kawiarnia Sp. z o. o., based in Łańcut, ul. Ottona z Pilczy 21, 37-100 Łańcut, registered under KRS number 0000748706, with share capital of 500,000 PLN, NIP 8151804775, REGON 381290474.
  3. Customer – Any entity making purchases via the Store.
  4. Entrepreneur – A natural person, legal entity, or organizational unit without legal personality, granted legal capacity by a separate act, conducting business on their own behalf and using the Store.
  5. Store – The online store operated by the Seller at kawiarnia-aniola.pl.
  6. Distance Contract – A contract concluded with the Customer as part of an organized system of concluding contracts at a distance (via the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of remote communication until the conclusion of the contract.
  7. Terms and Conditions – These terms and conditions of the Store.
  8. Order – A Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Sales Agreement for the Product(s) with the Seller.
  9. Account – A customer account in the Store, where data provided by the Customer and information about their Orders in the Store are stored.
  10. Registration Form – A form available in the Store that allows the creation of an Account.
  11. Order Form – An interactive form available in the Store that allows placing 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 – A part of the Store’s software where the selected Products for purchase are visible and where it is possible to determine and modify the Order data, particularly 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 sales agreement for the Product concluded or concluded between the Customer and the Seller via the online Store. The Sales Agreement also includes – depending on the characteristics of the Product – a contract for the provision of services and a contract for work.

§3 Contact with the Store

  1. Seller’s Address: ul. Ottona z Pilczy 21, 37-100 Łańcut
  2. Seller’s Email Address: biuro@kawiarnia-aniola.pl
  3. Seller’s Phone Number: 501239648
  4. Seller’s Fax Number: not available
  5. Seller’s Bank Account Number: 22195000012006007451480003
  6. The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.
  7. The Customer may communicate with the Seller by phone between 9:00 AM and 5:00 PM from Monday to Friday.

§4 Technical Requirements

To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:

  1. A terminal device with access to the Internet and a web browser
  2. An active email account
  3. Enabled cookies support
  4. Installed FlashPlayer software.

§5 General Information

  1. The Seller, to the widest extent permitted by law, is not liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or the incompatibility of the online Store with the Customer’s technical infrastructure.
  2. Viewing the assortment of the Store 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 Terms and Conditions or by providing the necessary personal and address data to allow the execution of the Order without creating an Account.
  3. The prices given in the Store are in Polish zloty and are gross prices (including VAT).
  4. The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery, and postal services), of which the Customer is informed on the Store’s pages when placing the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
  5. In the case of a contract covering a subscription or services for an indefinite period, the final (total) price is the total price covering all payments for the settlement period.
  6. When the nature of the subject of the Agreement does not allow, reasonably judging, for prior calculation of the final (total) price, information about the way in which the price will be calculated, as well as charges for transport, delivery, postal services, and other costs, will be provided in the Store in the Product description.

§6 Creating an Account in the Store

  1. To create an Account in the Store, you need to fill out the Registration Form.
  2. Creating an Account in the Store is free of charge.
  3. Logging into the Account is done by entering the login and password set in the Registration Form.
  4. The Customer has the opportunity at any time, without giving any reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in §3.

§7 Rules for Placing an Order

To place an Order, you must:

  1. Log into the Store (optional);
  2. Select the Product that is the subject of the Order and then click the ‘Add to Cart’ button (or equivalent);
  3. Log in or use the option of placing an Order without registration;
  4. If the option of placing an Order without registration was selected – fill out the Order Form by entering the recipient’s details and the delivery address, choose the delivery method of the Product, provide 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 email;
  6. Choose one of the available payment methods and, depending on the method of payment, pay for the order within the specified time, subject to §8 point 3.

§8 Delivery and Payment Methods

  1. The Customer can use the following delivery or collection methods for the ordered Product within Poland and the European Union, as well as the UK:
    • Postal delivery;
    • Postal cash-on-delivery;
    • Courier delivery (FedEx, DPD, InPost);
    • Courier cash-on-delivery;
    • Personal pickup at: ul. Ottona z Pilczy 21, 37-100 Łańcut.
  2. The delivery methods within various EU countries and the UK may differ depending on the availability of couriers in a given region.
  3. The Customer can use the following payment methods:
    • Payment upon delivery;
    • Cash-on-delivery payment;
    • Payment via bank transfer;
    • Electronic payments (including fast online transfers);
    • Payment via credit card;
    • Payment via PayPal.

Detailed information about delivery methods and acceptable payment methods are available on the Store’s pages.

§9 Execution of the Sales Agreement

  1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order via the Order Form in the online Store in accordance with §7 of the Terms and Conditions.
  2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. The confirmation of receipt of the Order and its acceptance for execution is sent by the Seller to the Customer via email to the email address provided during the Order process. The email contains at least the Seller’s statement of receipt of the Order, its acceptance for execution, and confirmation of the conclusion of the Sales Agreement. Upon receipt of this email by the Customer, the Sales Agreement between the Customer and the Seller is concluded
  3. If the Customer chooses:
  4. Payment by bank transfer, electronic payments, or payment by credit card, the Customer must make the payment within 2 calendar days from the conclusion of the Sales Agreement, otherwise the order will be canceled.
  5. Payment on delivery upon receiving the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
  6. Payment in cash upon personal collection of the shipment, the Customer is obliged to make the payment upon collection of the shipment within 1 day from receiving the information about the readiness of the shipment for collection.
  7. If the Customer selects a delivery method other than personal collection, the Product will be shipped by the Seller within the time specified in its description (subject to section 5 of this paragraph) in the manner chosen by the Customer when placing the Order.
  8. In the case of ordering Products with different delivery times, the delivery time is the longest indicated time.
  9. In the case of ordering Products with different delivery times, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order is completed.
  10. The start of the Product delivery time to the Customer is calculated as follows:
  11. If the Customer chooses payment by bank transfer, electronic payments, or credit card, from the day the Seller’s bank account is credited.
  12. If the Customer chooses payment on delivery, from the day the Sales Agreement is concluded.
  13. If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within the time indicated in the Product description. The Customer will also be informed about the readiness of the Product for collection by the Seller via email to the email address provided during the Order process.
  14. In the case of ordering Products with different readiness times for collection, the readiness time for collection is the longest indicated time.
  15. The start of the readiness time for collection of the Product by the Customer is calculated as follows:
  16. If the Customer chooses payment by bank transfer, electronic payments, or credit card, from the day the Seller’s bank account is credited.
  17. If the Customer chooses cash payment upon personal collection, from the day the Sales Agreement is concluded.
  18. Delivery of the Product is only available within Poland.
  19. The delivery of the Product to the Customer is subject to a fee unless the Sales Agreement states otherwise. The costs of Product delivery (including transportation, delivery, and postal services) are indicated to the Customer on the Store’s website under the “Delivery Costs” section and during the Order process, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
  20. Personal collection of the Product by the Customer is free of charge.

 §10 Right of Withdrawal

  1. The Consumer may withdraw from the Sales Agreement within 14 days without providing any reason.
  2. The withdrawal period referred to in paragraph 1 begins from the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
  3. In the case of an Agreement that covers multiple Products delivered separately, in batches, or in parts, the period referred to in paragraph 1 begins from the delivery of the last item, batch, or part.
  4. In the case of an Agreement that involves regular delivery of Products for a specified period (subscription), the period referred to in paragraph 1 begins from the possession of the first item.
  5. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the withdrawal period expires.
  6. The statement may be sent by traditional mail, fax, or electronically via email to the Seller’s email address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in §3. The statement may also be submitted using the withdrawal form, which is attached as Appendix 1 to these Terms and Conditions, and to the Act of 30 May 2014 on Consumer Rights, but it is not mandatory.
  7. If the statement of withdrawal is sent electronically by the Consumer, the Seller will promptly send confirmation of receipt of the withdrawal statement to the Consumer’s email address.
  8. Effects of withdrawal from the Agreement:
  9. In the event of withdrawal from a distance Agreement, the Agreement is considered null and void.
  10. In the event of withdrawal from the Agreement, the Seller shall refund all payments made by the Consumer, including delivery costs, immediately, but no later than 14 days from the date of receiving the Consumer’s statement of withdrawal, except for additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller.
  11. The Seller will refund the payment using the same payment methods used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different method that does not involve any cost to them.
  12. The Seller may withhold the refund until receiving the Product back or until the Consumer provides proof of its return, whichever occurs first.
  13. The Consumer should return the Product to the Seller’s address provided in these Terms and Conditions immediately, but no later than 14 days from the day the Consumer informed the Seller of the withdrawal from the Agreement. The deadline is met if the Consumer sends the Product before the 14-day period expires.
  14. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it cannot be returned by regular mail.

The Consumer is only liable for the reduction in value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

  1. In the case of a Product that, due to its nature, cannot be returned by regular mail, the information about this and the return costs will be included in the Product description in the Store.
  2. The right to withdraw from a distance contract does not apply to the Consumer in relation to contracts:
  3. For the provision of non-prefabricated items made to the Consumer’s specifications or serving to meet their individualized needs;
  4. For the provision of sealed items that cannot be returned for health protection or hygiene reasons if the seal was broken after delivery;
  5. For the provision of goods that are liable to deteriorate or have a short shelf life;
  6. For the provision of services if the Seller has fully performed the service with the Consumer’s explicit consent, who was informed before the performance began that they would lose their right to withdraw from the Agreement once the service was fully performed;
  7. Where the price or remuneration depends on fluctuations in the financial market that the Seller cannot control, and which may occur within the withdrawal period;
  8. For the provision of items that, after delivery, are inseparably connected with other items due to their nature;
  9. For the provision of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales agreement, and which may be delivered only after 30 days, and their value depends on fluctuations in the market that the Seller cannot control;
  10. For the provision of audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
  11. For the delivery of newspapers, periodicals, or magazines, except for subscription agreements;
  12. For the provision of digital content that is not recorded on a tangible medium if the performance began with the Consumer’s express consent before the withdrawal period expired and after being informed by the Seller about the loss of the right to withdraw from the Agreement.

§11 Complaints and Warranty

  1. The Sales Agreement covers new Products.
  2. The Seller is obliged to provide the Customer with a Product free from defects.
  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to file a complaint based on the warranty provisions in the Civil Code.
  4. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions.
  5. It is recommended that the complaint include a brief description of the defect, the circumstances (including the date) of its occurrence, Customer data submitting the complaint, and the Customer’s request in relation to the defect of the goods.
  6. The Seller will respond to the Customer’s complaint request immediately, but no later than within 14 days. If the Seller fails to respond within this time, it is assumed that the Customer’s request was justified.
  7. Products returned as part of the complaint procedure should be sent to the address provided in §3 of these Terms and Conditions.
  8. If a warranty is provided for a Product, the information about it and its content will be included in the Product description in the Store.

§12 Out-of-Court Complaint and Redress Procedures

  1. Detailed information on the possibility for the Consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, 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/sprawy_indywidualne.php; and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The Consumer has the following exemplary possibilities for using out-of-court complaint and redress procedures:
    • The Consumer is entitled to apply to a permanent consumer arbitration court, as referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for resolution of a dispute arising from the Agreement concluded with the Seller.
    • The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for the initiation of mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
    • The Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller, also using the free assistance of a district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (e.g., the Federation of Consumers, the Association of Polish Consumers).

13 Personal Data in the Online Store

  1. The administrator of personal data of Customers collected through the Online Store is the Seller.
  2. Customers’ personal data collected by the administrator via the Online Store is collected for the purpose of fulfilling 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:
    • In the case of a Customer who uses the postal or courier delivery method in the Online Store, the administrator provides the collected personal data of the Customer to the selected carrier or intermediary carrying out the shipment on behalf of the administrator.
    • In the case of a Customer who uses electronic payment or credit card payment methods in the Online Store, the administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
  4. The Customer has the right to access their personal data and correct it.
  5. Providing personal data is voluntary, but failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement results in the inability to conclude this agreement.

§14 Final Provisions

  1. Contracts concluded via the Online Store are concluded in the Polish language.
  2. The Seller reserves the right to amend the Terms and Conditions for important reasons, such as changes in the law or changes to payment and delivery methods, to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any changes at least 7 days in advance.
  3. In matters not covered by these Terms and Conditions, the applicable provisions of Polish law shall apply, in particular the Civil Code; the Act on Providing Services by Electronic Means; the Consumer Rights Act; and the Act on Personal Data Protection.
  4. The Customer has the right to use out-of-court methods of handling complaints and claims. To this end, the Customer may submit a complaint via the EU online platform ODR, available at: http://ec.europa.eu/consumers/odr/.
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