TERMS AND CONDITIONS OF THE ONLINE STORE
CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS OF CONCLUDING THE SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE
PRODUCT
6. PRODUCT COMPLAINT
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING
CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS RELATING TO ENTREPRENEURS
10. PERSONAL DATA IN THE ONLINE STORE
11. FINAL PROVISIONS
The www.kitchen-helper.eu Online Store cares about consumer rights. The consumer may
not waive the rights granted to him in the Act on Consumer Rights. Provisions of contracts
less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid,
and the provisions of the Act on Consumer Rights apply in their place. Therefore, the
provisions of these Regulations are not intended to exclude or limit any rights of consumers
under mandatory provisions of law, and any possible doubts should be explained in favor of
the consumer. In the event of any non-compliance of the provisions of these Regulations with
the above provisions, priority shall be given to these provisions and they should be applied.
1. GENERAL PROVISIONS
1.1. The online store available at www.kitchen-helper.eu is run by Łukasz Pudelski, who
runs a business under the name OliWood entered into the Central Register and Information
on Economic Activity of the Republic of Poland kept by the minister responsible for
economy, having: the address of the place of business and delivery address: OliWood Łukasz
Pudelski ul. Czysta 1 26-600 Radom, e-mail address: oliwood.office@gmail.com,
telephone number: +48 535-930-960.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online
Store, unless a given provision of the Regulations provides otherwise and is addressed only to
consumers or entrepreneurs.
1.3. The administrator of personal data processed in connection with the implementation of
the provisions of these Regulations is the Service Provider. Personal data is processed for
purposes, to the extent and based on the principles set out in the Regulations of the Online
Store. Providing personal information is voluntary. Each person whose personal data is
processed by the Service Provider has the right to inspect their content and the right to update
and correct them.
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that allows you to
create an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store
that allows you to place an Order, in particular by adding Products to the electronic basket and
specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for
by generally applicable regulations, also a natural person with limited legal capacity; (2) a
legal person; or (3) an organizational unit without legal personality, which the law grants legal
capacity; – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16,
item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password
provided by the Service Recipient, a set of resources in the Service Provider's ICT system, in
which data provided by the Service Recipient and information about Orders placed by him in
the Online Store are collected.
1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the
Service Provider via e-mail, which enables all Users using it to automatically receive from the
Service Provider cyclical content of subsequent editions of the newsletter containing
information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store, which is the subject of the
Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Store.
1.5. SELLER; SERVICE PROVIDER – Łukasz Pudelski conducting business activity under
the name OliWood Łukasz Pudelski entered into the Central Register and Information on
Economic Activity of the Republic of Poland kept by the minister competent for economy,
having: address of the place of business and address for service: OliWood ul. Czysta 1 26-600
Radom, e-mail address: oliwood.office@gmail.com, phone number: 535930960.
1.5.1. SALES AGREEMENT – a Product sales agreement concluded or concluded between
the Customer and the Seller via the Online Store.
1.5.2. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to
the Service Recipient via the Online Store.
1.5.3. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases
provided for by generally applicable regulations, also a natural person with limited legal
capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the
law grants legal capacity; – using or intending to use the Electronic Service.
1.5.4. ACT ON CONSUMER RIGHTS, ACT – Act of 30 May 2014 on consumer rights
(Journal of Laws of 2014, item 827, as amended).
1.5.5. ORDER – Customer's declaration of will submitted via the Order Form and aimed
directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form
and Newsletter.
2.1.1. Account – the use of the Account is possible after completing a total of three
consecutive steps by the Service Recipient – (1) completing the Registration Form, (2)
clicking the "Create an account" field and (3) confirming the willingness to create an Account
by clicking the confirmation link sent automatically to the provided address e-mail. In the
Registration Form, it is necessary for the Service Recipient to provide the following data of
the Service Recipient: name and surname/company name, address (street, house/apartment
number, zip code, city, country), e-mail address, contact telephone number and password. In
the case of Service Recipients who are not consumers, it is also necessary to provide the
company name and NIP number.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period.
The Service Recipient has the option, at any time and without giving a reason, to delete the
Account (resignation from the Account) by sending a relevant request to the Service Provider,
in particular via e-mail to the following address: oliwood.office@gmail.com or in writing to
the following address: OliWood Lukasz Pudelski ul. Czysta 1 26-600 Radom, e-mail address:
oliwood.office@gmail.com, phone number: 535930960.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first
Product to the electronic basket in the Online Store. Placing an Order takes place after the
Customer completes a total of two subsequent steps – (1) after completing the Order Form and
(2) clicking on the Online Store website after completing the Order Form "I confirm the
purchase" – until then, it is possible to modify the data entered (including for this purpose,
follow the displayed messages and information available on the Online Store website). In the
Order Form, it is necessary for the Customer to provide the following data concerning the
Customer: name and surname/company name, address (street, house/apartment number, zip
code, city, country), e-mail address, contact telephone number and data regarding the Sales
Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s),
method of payment. In the case of Customers who are not consumers, it is also necessary to
provide the company name and NIP number.
2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a one-off
nature and ends when the Order is placed through it or when the Customer ceases to place the
Order through it earlier.
2.1.3. Newsletter – the use of the Newsletter takes place after providing the e-mail address in
the "Newsletter" tab visible on the Online Store website, to which subsequent editions of the
Newsletter are to be sent and clicking the "Subscribe" field. You can also subscribe to the
Newsletter by ticking the appropriate checkbox when creating an Account – when the Account
is created, the Customer is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period.
The Service Recipient has the option, at any time and without giving a reason, to unsubscribe
from the Newsletter (resignation from the Newsletter) by sending an appropriate request to
the Service Provider, in particular via e-mail to the following address: OliWood ul. Czysta 1
26-600 Radom, e-mail address: oliwood.office@gmail.com, phone number: 535930960.
2.1.3.2.
2.2. Technical requirements necessary for cooperation with the ICT system used by the
Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2)
access to e-mail; (3) web browser: Mozilla Firefox version 11.0 and higher or Internet
Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0
and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling the option
of saving Cookies and Javascript in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the
law and morality, taking into account respect for personal rights and copyrights and
intellectual property of the Service Provider and third parties. The Service Recipient is
obliged to enter data consistent with the facts. The service recipient is prohibited from
providing illegal content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and
other complaints related to the operation of the Online Store (excluding the Product complaint
procedure, which is indicated in point 6 of the Regulations) may be submitted by the
Customer, for example:
2.4.2. in writing to the address: OliWood ul. Czysta 1 26-600 Radom, e-mail address:
oliwood.office@gmail.com, phone number: 535930960.
2.4.3. in electronic form via e-mail to the following address: oliwood.office@gmail.com.;
2.4.4. It is recommended that the Customer provide in the description of the complaint: (1)
information and circumstances regarding the subject of the complaint, in particular the type
and date of the irregularity; (2) the Customer's requests; and (3) contact details of the
complainant – this will facilitate and accelerate the consideration of the complaint by the
Service Provider. The requirements set out in the previous sentence are only
recommendations and do not affect the effectiveness of complaints submitted without the
recommended description of the complaint.
2.4.5. The response to the complaint by the Service Provider takes place immediately, not
later than within 14 calendar days from the date of its submission.
3. CONDITIONS OF CONCLUDING THE SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place
after the Customer has placed an Order using the Order Form in the Online Store in
accordance with point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and
includes taxes. The total price including taxes of the Product being the subject of the Order, as
well as delivery costs (including charges for transport, delivery and postal services) and other
costs, and when the amount of these charges cannot be determined – about the obligation to
pay them, the Customer is informed on the Online Store website when placing the Order,
including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order
Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes
place after the Customer has placed an Order in the Online Store in accordance with point
2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same
time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance
for implementation takes place by sending the appropriate e-mail to the Customer by the
Seller to the Customer's e-mail address provided when placing the Order, which contains at
least the Seller's statement on receipt of the Order and its acceptance for implementation and
confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by
the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to
the Customer by (1) making these Regulations available on the Online Store website and (2)
sending the Customer an e-mail message referred to in point 3.3.2. of the Regulations. The
content of the Sales Agreement is additionally recorded and secured in the IT system of the
Seller's Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales
Agreement:
4.1.1. Cash payment upon collection.
4.1.2. Payment by bank transfer to the Seller's bank account.
4.1.3. PayPal payment
4.1.4. Fast payments Przelewy24
4.2. Date of payment:
4.2.1. If the Customer chooses payment in cash on personal collection, payment by bank
transfer, electronic payments or payment by credit card, the Customer is obliged to make the
payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer selects payment on delivery, the Customer is obliged to make the
payment on delivery.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE
PRODUCT
5.1. Product delivery is available on the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides
otherwise. Product delivery costs (including charges for transport, delivery and postal
services) are indicated to the Customer on the Online Store website in the "Delivery costs" tab
and when placing the Order, including when the Customer expresses his will to be bound by
the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or receipt of the
Product:
5.4.1. Parcel post,
5.4.2. Courier delivery
5.4.3. Personal collection available at: OliWood ul. Czysta 1 26-600 Radom,
5.5. The period of delivery of the Product to the Customer is up to 10 Business Days, unless a
shorter period is specified in the description of a given Product or when placing the Order. In
the case of Products with different delivery dates, the delivery date is the longest given date,
which, however, may not exceed 10 Business Days. The beginning of the period of delivery
of the Product to the Customer is counted as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or
payment card – from the date of crediting the Seller's bank account or settlement account.
5.6. The date of readiness of the Product for collection by the Customer – if the Customer
chooses to collect the Product in person, the Product will be ready for collection by the
Customer within 10 Business Days, unless a shorter period is specified in the description of
the Product or when placing the Order. In the case of Products with different dates of
readiness for collection, the date of readiness for collection is the longest given date, which,
however, may not exceed 10 Business Days. The Customer will be additionally informed
about the readiness of the Product for collection by the Seller by sending an appropriate e-
mail to the Customer's e-mail address provided when placing the Order. The beginning of the
period of the Product's readiness for collection by the Customer is counted as follows:
5.6.1. If the Customer chooses the method of payment by bank transfer, electronic payment or
payment card – from the date of crediting the Seller's bank account or settlement account.
5.6.2. If the Customer chooses cash on collection – from the date of conclusion of the Sales
Agreement.
6. PRODUCT COMPLAINT
(REGARDS SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has
a physical or legal defect (warranty) are specified in generally applicable law, in particular in
the Civil Code (in particular in Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to deliver the Product to the Customer without defects. Detailed
information on the Seller's liability for Product defects and the Customer's rights are specified
on the Online Store website in the "Returns and complaints" tab.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. In writing to the following address: OliWood ul. Czysta 1 26-600 Radom,
6.3.2. In electronic form via e-mail to the following address: oliwood.office@gmail.com,
telephone number: 535930960.
6.4. It is recommended that the Customer provide in the description of the complaint: (1)
information and circumstances regarding the subject of the complaint, in particular the type
and date of the defect; (2) demand a way to bring the Product into compliance with the Sales
Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3)
contact details of the complainant – this will facilitate and speed up the consideration of the
complaint by the Seller. The requirements set out in the previous sentence are only
recommendations and do not affect the effectiveness of complaints submitted without the
recommended description of the complaint.
6.4. It is recommended that the Customer provide in the description of the complaint: (1)
information and circumstances regarding the subject of the complaint, in particular the type
and date of the defect; (2) demand a way to bring the Product into compliance with the Sales
Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3)
contact details of the complainant – this will facilitate and speed up the consideration of the
complaint by the Seller. The requirements set out in the previous sentence are only
recommendations and do not affect the effectiveness of complaints submitted without the
recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14
calendar days from the date of its submission. If the Customer who is a consumer has
requested a replacement of the item or removal of the defect, or has submitted a price
reduction statement, specifying the amount by which the price is to be reduced, and the Seller
has not responded to this request within 14 calendar days, it is considered that the request was
justified. .
6.6. The customer who exercises the rights under the warranty is obliged to deliver the
defective Product to the address: OliWOOD ul. Czysta 1 26-600 Radom, at your own
expense.
In the case of a Customer who is a consumer, the cost of delivering the Product is borne by
the Customer, in the case of a Customer who is not a consumer, the cost of delivery is borne
by the Customer.
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING
CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. 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 on the website of the Office of Competition and Consumer
Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer
Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl.
Powstańców Warszawy 1, Warsaw), whose task is, among other things, to provide assistance
to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary possibilities of using out-of-court methods of
dealing with complaints and pursuing claims: (1) application for dispute resolution to a
permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/); (2)
an application for out-of-court dispute resolution to the voivodship inspector of the Trade
Inspection (more information on the website of the inspector competent for the place of the
Seller's business activity); and (3) assistance of the poviat (municipal) consumer ombudsman
or social organization whose statutory tasks include consumer protection (including the
Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-
mail at the address advice@dlakonsumentow.pl and at the consumer helpline number 801 440
220 (the helpline is open on Business Days, from 8:00 a.m. to 6:00 p.m., connection fee
according to the operator's tariff).
7.4. At http://ec.europa.eu/consumers/odr there is an online platform for settling disputes
between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is
an interactive and multilingual website with a comprehensive service point for consumers and
entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations
arising from an online sales contract or contract for the provision of services (more
information on the website of the platform itself or at the website of the Office of Competition
and Consumer Protection
: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
(REGARDS SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
8.1. A consumer who has concluded a distance contract may withdraw from it within 14
calendar days without giving any reason and without incurring costs, except for the costs
specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a
statement before its expiry. A declaration of withdrawal from the contract may be submitted,
for example:
8.1.1. in writing to the following address: OliWood ul. Czysta 1 26-600 Radom,
8.1.2. in electronic form via e-mail to the following address: oliwood.office@gmail.com,
8.2. An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer
Rights. The consumer may use the form template, but it is not mandatory.
8.3. The deadline to withdraw from the contract begins:
8.3.1. for a contract under which the Seller issues the Product, being obliged to transfer its
ownership (e.g. Sales Agreement) – from taking possession of the Product by the consumer or
a third party indicated by him other than the carrier, and in the case of a contract that: (1)
covers many Products that are delivered separately, in batches or in parts – from taking
possession of the last Product, batch or part, or (2) consists in regular delivery of Products for
a specified period of time – from taking possession of the first of the Products;
8.3.2. for other contracts – from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5. The Seller is obliged to immediately, not later than within 14 calendar days from the date
of receipt of the consumer's statement on withdrawal from the contract, return to the
consumer all payments made by him, including the costs of delivery of the Product (except
for additional costs resulting from the method of delivery chosen by the Customer other than
the cheapest standard delivery method available in the Online Store). The seller refunds the
payment using the same method of payment as used by the consumer, unless the consumer
has expressly agreed to a different method of return, which does not involve any costs for
him. If the payment is made using a payment card, the refund will be made to the bank
account assigned to the payment card with which the payment was made. If the Seller has not
offered to collect the Product from the consumer himself, he may withhold the reimbursement
of payments received from the consumer until he receives the Product back or the consumer
provides proof of its return, depending on which event occurs first.
8.6. The Consumer is obliged to immediately, not later than within 14 calendar days from the
date on which he withdrew from the contract, return the Product to the Seller or hand it over
to the person authorized by the Seller to collect it, unless the Seller proposed that he would
collect the Product himself. To meet the deadline, it is enough to send back the Product before
its expiry. The consumer may return the Product to the following address: OliWood ul. Czysta
1 26-600 Radom.
8.7. The consumer is responsible 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.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the
consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest
usual method of delivery available in the Online Store, the Seller is not obliged to reimburse
the consumer for the additional costs incurred by him.
8.8.2. The consumer bears the direct cost of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which – at the express
request of the consumer – began before the deadline for withdrawing from the contract, the
consumer who exercises the right to withdraw from the contract after submitting such a
request is obliged to pay for the services provided until the withdrawal from the contract. The
amount of payment is calculated in proportion to the scope of the service provided, taking into
account the price or remuneration agreed in the contract. If the price or remuneration is
excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation
to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the
express consent of the consumer, who was informed before the commencement of the service
that after the performance of the service by the Seller, he will lose the right to withdraw from
the contract; (2) in which the price or remuneration depends on fluctuations in the financial
market over which the Seller has no control and which may occur before the deadline to
withdraw from the contract; (3) in which the subject of the service is a non-prefabricated
Product, manufactured according to the consumer's specifications or serving to satisfy his
individual needs; (4) in which the subject of the service is a Product that is subject to rapid
deterioration or has a short shelf life; (5) in which 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; (6) in which
the subject of the service are Products which, due to their nature, are inseparably connected
with other items after delivery; (7) in which the subject of the service are alcoholic beverages,
the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of
which may take place only after 30 days and whose value depends on market fluctuations
over which the Seller has no control; (8) in which the consumer explicitly demanded that the
Seller come to him for urgent repair or maintenance; if the Seller provides additional services
other than those requested by the consumer, or provides Products other than spare parts
necessary to perform the repair or maintenance, the consumer has the right to withdraw from
the contract in relation to additional services or Products; (9) in which 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; (10) for the delivery of newspapers, periodicals or
magazines, with the exception of a subscription agreement; (11) concluded by public auction;
(12) for the provision of accommodation services, other than for residential purposes,
transport of goods, car rental, catering, services related to leisure, entertainment, sports or
cultural events, if the contract specifies the day or period of service provision; (13) for the
delivery of digital content that is not recorded on a tangible medium, if the performance of the
service began with the express consent of the consumer before the deadline for withdrawing
from the contract and after informing him by the Seller about the loss of the right to withdraw
from the contract.
9. PROVISIONS RELATING TO ENTREPRENEURS
9.1. This section of the Regulations and the provisions contained therein apply only to
Customers and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a
Customer who is not a consumer within 14 calendar days from the date of its conclusion.
Withdrawal from the Sales Agreement in this case may take place without giving a reason and
does not give rise to any claims on the part of the Customer who is not a consumer against the
Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the
available payment methods, including requiring prepayment in whole or in part, regardless of
the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. As soon as the Seller releases the Product to the carrier, the benefits and burdens related
to the Product and the risk of accidental loss or damage to the Product are transferred to the
Customer who is not a consumer. In such a case, the Seller shall not be liable for the loss,
shortage or damage to the Product arising from its acceptance for transport until its delivery to
the Customer and for delays in the transport of the shipment.
9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is
obliged to examine the shipment in time and in the manner accepted for such shipments. If he
finds that the Product has been lost or damaged during transport, he is obliged to take all
actions necessary to determine the liability of the carrier.
9.6. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for
the Product towards the Customer who is not a consumer is excluded.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may
terminate the contract for the provision of Electronic Services with immediate effect and
without giving reasons by sending a relevant statement to the Service Recipient.
9.8. The liability of the Service Provider/Seller towards the Service Recipient/Customer who
is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as
well as for all claims in total – up to the amount of the price paid and delivery costs under the
Sales Agreement, but not more than one thousand zlotys. The Service Provider/Seller is liable
to the Service Recipient/Customer who is not a consumer only for typical damages
foreseeable at the time of concluding the contract and is not liable for lost profits to the
Service Recipient/Customer who is not a consumer.
9.9. Any disputes arising between the Seller / Service Provider and the Customer / Service
Recipient who is not a consumer shall be submitted to the court competent for the seat of the
Seller / Service Provider.
10. PERSONAL DATA IN THE ONLINE STORE
10.1. The administrator of personal data of Service Recipients/Customers collected via the
Online Store is the Seller.
10.2. Personal data of the Service Recipients/Customers collected by the administrator via the
Online Store are collected – in accordance with the will of the Service Recipient/Client – in
order to implement the Sales Agreement or the contract for the provision of Electronic
Services.
10.3. Possible recipients of the personal data of the Online Store Customers:
10.3.1. In the case of a Customer who uses the Online Store with the method of delivery by
post or courier, the Administrator provides the collected personal data of the Customer to the
selected carrier or intermediary performing the shipment at the request of the Administrator.
10.3.2. In the case of a Customer who uses electronic payments or a payment card in the
Online Store, the Administrator provides the Customer's collected personal data to the
selected entity servicing the above payments in the Online Store.
10.4. The Service Recipient/Customer has the right to access their data and correct them. A
request in this regard may be submitted, for example:
10.4.1. in writing to the following address: Creative studio: OliWood ul. Czysta 1 26-600
Radom
10.4.2. in electronic form via e-mail to the following address: oliwood.office@gmail.com,
10.5. Providing personal data is voluntary, however, failure to provide the personal data
indicated in the Regulations necessary to conclude a Sales Agreement or an agreement for the
provision of Electronic Services results in the inability to conclude this agreement. The data
necessary to conclude a Sales Agreement or a contract for the provision of Electronic Services
are also indicated each time on the website of the Online Store before concluding a given
contract.
11. FINAL PROVISIONS
11.1. Agreements concluded through the Online Store are concluded in Polish.
11.2. Amendment of the Regulations:
11.2.1. The Service Provider reserves the right to amend the Regulations for important
reasons, i.e.: changes in the law; changes in payment and delivery methods – to the extent that
these changes affect the implementation of the provisions of these Regulations.
11.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g.
the provision of Electronic Services – Account), the amended regulations are binding on the
Service Recipient, if the requirements set out in art. 384 and 384 [1] of the Civil Code, i.e. the
Customer was properly notified of the changes and did not terminate the contract within 14
calendar days from the date of notification. In the event that a change to the Regulations
results in the introduction of any new fees or an increase in the current ones, the Service
Recipient who is a consumer has the right to withdraw from the contract.
11.2.3. In the event of concluding, on the basis of these Regulations, contracts of a different
nature than continuous contracts (e.g. Sales Agreement), the amendments to the Regulations
will in no way affect the rights acquired by Service Recipients/Customers who are consumers
before the date of entry into force of the amendments to the Regulations, in particular changes
The provisions of the Regulations will not affect already placed or submitted Orders and
concluded, implemented or executed Sales Agreements.
11.3. In matters not covered by these Regulations, generally applicable provisions of Polish
law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of
July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements
concluded from December 25, 2014 with Customers who are consumers – the provisions of
the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as
amended); and other relevant provisions of generally applicable law.
