Online Store Regulations - www.sklep.cezos.com
I. General Provisions
- These Regulations define the general conditions, method of providing services electronically, and sales conducted through the Online Store www.sklep.cezos.com. The store is operated by "CEZOS" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA based in Gdynia, at 88 B Olgierda Street, 81-534 Gdynia, registered by the District Court Gdańsk-North in Gdańsk, VIII Commercial Division of the National Court Register, KRS 0000585942, NIP 5860018456, REGON 190273058, BDO 000016804, represented by "CEZOS" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Gdynia, at 88 B Olgierda Street, 81-534 Gdynia, registered by the District Court Gdańsk-North in Gdańsk, VIII Commercial Division of the National Court Register, KRS 0000259812, NIP 5860101341, REGON 008103797, with a share capital of PLN 50,000.00, represented by the Management Board, being the sole general partner of the limited partnership, hereinafter referred to as the Seller.
- Contact with the Seller is possible through:
- a. email address: sklep@cezos.com;
- b. phone number: +48 (58) 664 88 61;
- c. contact form available on the Online Store's pages;
- d. These Regulations are continuously available on the website www.sklep.cezos.com
- These Regulations are continuously available on the website www.sklep.cezos.com in a way that allows for obtaining, reproducing, and recording their content by printing or saving them on a medium at any time.
- The Seller informs that using services provided electronically may involve risks for every Internet user, consisting of the possibility of introducing harmful software into the Client's ICT system and obtaining and modifying their data by unauthorized persons. To avoid the risk of these threats, the Client should use appropriate technical measures that minimize their occurrence, particularly antivirus programs and a firewall.
- The Seller has designated a single contact point for communication with Clients, the authorities of EU member states, the European Commission, and the Digital Services Board, as mentioned in the DSA Regulation. Communication at the point is conducted via the email address specified in subparagraph 2 above, in Polish and English.
II. Definitions
The terms used in the Regulations mean:
- Working days – these are days from Monday to Friday, excluding public holidays;
- Client – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit without legal personality, to which specific regulations grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
- Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
- Content – publicly available content provided by the Seller added by Clients via the Online Store's functionalities;
- Account – a part of the Online Store allocated to a given Client, through which the Client can perform specific actions within the Online Store;
- Consumer – a Client being a consumer within the meaning of Article 22[1] of the Civil Code;
- Entrepreneur – a Client being an entrepreneur within the meaning of Article 43[1] of the Civil Code;
- Regulations – this document;
- DSA Regulation – Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022, on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act);
- Goods – a product presented in the Online Store, whose description is available with each presented product;
- Sales Agreement – a sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Client;
- Services – services provided by the Seller to Clients electronically within the meaning of the Act of July 18, 2002, on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
- Consumer Rights Act – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, No. 827);
- Act on the provision of services by electronic means – the Act of July 18, 2002, on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
- Order – the Client's declaration of intent aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Goods.
III. Rules for using the Online Store
- Using the Online Store is possible provided that the Client's ICT system meets the following minimum technical requirements:
- a. internet access;
- b. a web browser supporting JavaScript and cookies;
- c. Microsoft Edge web browser version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x. or later;
- d. enabling Cookies and JavaScript in the web browser.
- Using the Online Store means any activity by the Client that leads to familiarizing themselves with the content contained in the Store.
- The Client is particularly obliged to:
- a. not to provide and transmit content prohibited by law, such as content promoting violence, defamatory content, or violating personal rights, copyright, and other rights of third parties;
- b. use the Online Store in a way that does not disrupt its functioning, especially through the use of specific software or devices;
- c. not to take actions such as sending or placing unsolicited commercial information (spam) within the Online Store;
- d. use the Online Store in a way that is not inconvenient for other Clients and the Seller;
- e. use any content posted within the Online Store only within the scope of personal use;
- f. use the Online Store in a manner consistent with the law in force in the territory of the Republic of Poland, the provisions of the Regulations, and the general principles of using the Internet.
- The Seller may voluntarily take actions to verify the Content added by Clients, especially in terms of compliance with subparagraph 3 above.
- The Seller, when taking verification actions, does not use algorithmic decision-making. All decisions made by the Seller regarding Content result from a human review.
- The Seller allows Clients to report Content (hereinafter: "Report"), which violates, in particular, subparagraph 3 above, including in particular content that violates Polish and EU law.
- The Client may submit a Report via a dedicated contact form https://sklep.cezos.com/pl/kontakt or via email at sklep@cezos.com
- If the Report contains electronic contact details of the Client who made the Report, the Seller, without undue delay, sends the Client a confirmation of receipt of the Report.
- The Seller, after performing the verification actions mentioned in subparagraph 4 above or after receiving a Report from the Client, within 14 days from the date of receipt of the Report, makes a decision regarding the reported Content.
- The decision referred to in subparagraph 9 above (hereinafter: "Decision") may involve:
- a. limiting visibility or removing the Content that was the subject of the Report;
- b. suspending or closing the Account of the Client who added the Content that was the subject of the Report.
- The Seller makes the Decision in a timely, non-arbitrary, objective manner and with due diligence.
- The Seller, without undue delay, informs the Client who made the Report about the Decision made by the Seller.
- The Seller, if it has electronic contact details of the Client, informs the Client who added the reported Content about the Decision and provides its justification.
- The Client who added the reported Content may appeal the Seller's Decision within 14 days from the date of receipt of the notification of the Seller's Decision.
- The appeal may be submitted to the Seller via email at sklep@cezos.com and should include the Client's first and last name and email address along with a detailed justification.
- The Seller reviews the appeal referred to in subparagraph 14 above within 14 days from the date of receipt.
IV. Services
- The Seller allows the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
- The account management service in the Online Store is available after registration. Registration is done by filling out and accepting the registration form provided on one of the Online Store's pages. The agreement for providing the service of managing an account in the Online Store is concluded for an indefinite period. The Client may request the removal of the Account by filling out the contact form available at https://sklep.cezos.com/pl/kontakt.
- The Client can receive commercial information from the Seller in the form of messages sent to the email address provided by the Client (Newsletter Service). To do this, a valid email address must be provided or the appropriate field in the registration form or Order form must be activated. The Client can revoke their consent to receive commercial information at any time. The agreement for providing the Newsletter Service is concluded for an indefinite period and is terminated upon the Client's request to remove their email address from the Newsletter subscription or by unsubscribing via the link included in the message sent as part of the Newsletter Service.
- The Client can send messages to the Seller using the contact form. The agreement for providing the service of an interactive form enabling Clients to contact the Seller is concluded for a definite period and terminates upon sending the message by the Client.
- The Client can post individual and subjective comments regarding the Goods or transaction process in the Online Store. By adding comments, the Client declares that they have all rights to these contents, particularly proprietary copyrights, related rights, and industrial property rights. The agreement for providing the service of posting opinions about Goods in the Online Store is concluded for a definite period and terminates upon adding the opinion.
- The comments should be written in a clear and understandable manner and should not violate applicable laws, including third-party rights – in particular, they should not be defamatory, violate personal rights, or constitute unfair competition. Posted comments are disseminated on the Online Store's pages.
- By posting a comment, the Client consents to the free use of this comment and its publication by the Seller, as well as to making derivative works of the content within the meaning of the Copyright and Related Rights Act (Journal of Laws 1994 No. 24 item 83).
- The Client can add Goods to the "Favorites" list. The agreement for providing the service of adding Goods to the "Favorites" list is concluded for a definite period and terminates upon removing the Goods from the list or ending the browser session by the Client.
- The Client can send messages to the Seller using the "Ask about product" form available on each product page. The agreement for providing the service of an interactive "Ask about product" form enabling Clients to contact the Seller regarding Goods is concluded for a definite period and terminates upon sending the message by the Client.
- For Goods that are not available in the Seller's warehouse, the Client can receive a notification when the Goods are back in stock via the "Notify about availability" Service. The Service can be provided by indicating an email address to which the notification will be sent. The agreement for providing the service of selecting the option to notify about the availability of Goods is concluded for a definite period and terminates upon clicking the "Notify about availability" button.
- The Seller provides Clients with an integrated blog on the Online Store's page, where selected articles reflecting the Seller's subjective feelings and opinions are presented.
- The Client can view information posted in the Store, including content posted on the blog. The agreement for providing the service of viewing information posted in the Store, including content posted on the blog, is concluded for a definite period and terminates upon closing the Store's website or the subpage where the blog is located.
- The Seller has the right to organize occasional contests and promotions, the terms of which will be provided each time on the Store's websites. Promotions in the Online Store are not subject to combination unless the terms of the given promotion state otherwise.
- In case of violation by the Client of the provisions of these Regulations, the Seller, after a prior ineffective request to cease or remove the violations, specifying an appropriate deadline, may terminate the agreement for providing Services with a 14-day notice period.
V. Procedure for concluding a Sales Agreement
- Information about the Goods provided on the Store's websites, particularly their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.
- All Goods available in the Online Store are brand new, compliant with the Agreement, and have been legally introduced to the Polish market.
- If the Seller uses mechanisms for individual price adjustments based on automated decision-making, this information is provided to the Consumer each time an Order is placed, considering the requirements imposed by personal data protection regulations.
- Placing an Order requires having an active email account.
- When placing an Order via the Order form available on the Online Store's website, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods specified in the Order. The offer submitted in electronic form binds the Client if the Seller sends a confirmation of acceptance of the Order to the email address provided by the Client, which constitutes the Seller's statement of acceptance of the Client's offer and upon its receipt by the Client, a Sales Agreement is concluded.
- Placing an Order in the Online Store via email occurs on Working days and during the hours specified on the Online Store's website. To do this, the Client should:
- a. specify in the email addressed to the Seller the name of the Goods from the Store's website and their quantity;
- b. indicate the delivery method and payment method from the delivery and payment methods provided on the Store's website;
- c. provide the data necessary for Order fulfillment, particularly: first and last name, place of residence, and email address.
- Information about the total value of the Order mentioned in the previous point is provided by the Seller via email along with the information that the conclusion of the Sales Agreement by the Client entails the obligation to pay for the ordered Goods, at which point the Sales Agreement is concluded.
- In the case of a Consumer Client, the Seller each time after placing an Order via email sends the Client a confirmation of the conditions of the placed Order.
- The Agreement is concluded when the Consumer Client sends an email to the Seller's email address in response to the confirmation of the Order conditions sent by the Seller, in which the Client: accepts the content of the sent Order and agrees to its execution and accepts the content of the Regulations and confirms that they have read the instructions on withdrawal from the Agreement.
- The Sales Agreement is concluded in Polish or English, with content compliant with the Regulations.
VI. Delivery
- Delivery of Goods is limited to the territory of the European Union and is made to the address indicated by the Client when placing the Order.
- The Client can choose the following delivery methods for ordered Goods:
- a. via a courier company;
- b. delivery to a Parcel Locker;
- c. personal collection at the Seller's personal collection point.
- The Seller, on the Store's website in the description of the Goods, informs the Client about the number of Working days needed to fulfill the Order and its delivery, as well as the delivery charges for the Goods.
- The delivery and Order fulfillment time is counted in Working days according to point VII subpoint 2.
- The Seller provides the Client with a proof of purchase.
- If different fulfillment periods are provided for the Goods covered by the Order, the longest period provided applies to the entire Order.
VII. Prices and payment methods
- The prices of Goods are given in Polish zlotys, euros at the Client's choice and include all components, including VAT, customs duties, and other charges.
- The Client can choose the following payment methods:
- a. bank transfer to the Seller's bank account (in this case, Order fulfillment will begin after the Seller sends the Client a confirmation of Order acceptance, and the shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
- b. cash on personal collection - payment at the Seller's personal collection point (in this case, Order fulfillment will be made immediately after the Seller sends the Client a confirmation of Order acceptance, and the Goods will be issued at the Seller's personal collection point);
- c. cash on delivery, payment to the carrier upon delivery (in this case, Order fulfillment and shipment will begin after the Seller sends the Client a confirmation of Order acceptance and the Order is completed);
- d. electronic payment (in this case, Order fulfillment will begin after the Seller sends the Client a confirmation of Order acceptance and after the Seller receives information from the settlement agent's system about the Client's payment, and the shipment will be made immediately after the Order is completed).
- The Seller, on the Store's website, informs the Client about the period within which they are required to make the payment for the Order. In the absence of payment by the Client within the specified period, the Seller, after a prior ineffective request for payment with the appropriate deadline, may withdraw from the Agreement based on Article 491 of the Civil Code.
VIII. Right to withdraw from the Agreement
- A Consumer Client may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement before its expiry.
- The Client may formulate the statement independently or use the statement template provided by the Seller on the Store's website.
- The 14-day period is counted from the day the Goods are delivered or, in the case of a Service Agreement, from the day of its conclusion.
- Upon receipt of the Consumer's statement of withdrawal from the Agreement, the Seller will send a confirmation of receipt of the statement of withdrawal from the Agreement to the Consumer's email address.
- The right to withdraw from the Agreement by the Consumer is excluded in the case of:
- a. a Service Agreement, for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the service that after the Seller has fulfilled the service, they will lose the right to withdraw from the Agreement, and acknowledged it;
- b. an Agreement 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 expiry of the withdrawal period;
- c. an Agreement in which the subject of the service is a non-prefabricated Good, manufactured according to the Consumer's specifications or serving to meet their individualized needs;
- d. an Agreement in which the subject of the service is a Good that deteriorates quickly or has a short shelf life;
- e. an Agreement in which the subject of the service is a Good 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;
- f. an Agreement in which the subject of the service are products that, after delivery, due to their nature, are inseparably connected with other things;
- g. an Agreement in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days, and whose value depends on market fluctuations over which the Seller has no control;
- h. an Agreement in which the Consumer explicitly requested the Seller to come to them for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or delivers Goods other than spare parts necessary for the repair or maintenance, the right to withdraw from the Agreement applies to the additional services or Goods;
- i. an Agreement 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;
- j. an Agreement for the delivery of newspapers, periodicals, or magazines, except for a subscription agreement;
- k. an Agreement concluded by public auction;
- l. a Service Agreement, for which the Consumer is obliged to pay the price, in which the Consumer explicitly requested the Seller to come to them for repair, and the service was already fully performed with the express and prior consent of the Consumer.
- m. an Agreement for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the agreement specifies the day or period of service provision;
- n. an Agreement for the delivery of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the Consumer, who was informed before the start of the service that after the Seller has fulfilled the service, they will lose the right to withdraw from the Agreement, and acknowledged it, and the Seller provided the Consumer with confirmation as referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.
- Other exceptions to the right to withdraw from the Agreement are indicated in Article 38(2) of the Consumer Rights Act.
- In the event of withdrawal from a distance Agreement, the Agreement is considered null and void. What the parties have provided is returned unchanged, unless the change was necessary to ascertain the nature, characteristics, and functionality of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address.
- The Seller will immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, return to the Consumer all payments made by them, including the cost of delivering the Goods. The Seller will refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different refund method, which will not incur any cost to the Consumer. The Seller may withhold the refund of the payments received from the Client until the Goods are returned or the Client provides proof of their return, depending on which event occurs first, unless the Seller has offered to collect the Goods from the Client themselves.
- If the Consumer has chosen a method of delivering the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The Client only bears the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
IX. Complaints regarding Goods
- The Seller is obliged to deliver the Goods in accordance with the Agreement
- The Seller is liable for non-compliance of the Goods with the agreement under the terms specified in the Consumer Rights Act concerning the Consumer Client and the Client being a natural person entering into an Agreement directly related to their business activity, where it is clear from the content of this Agreement that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available based on the provisions on the Central Registration and Information on Business.
- Complaints arising from the violation of the Client's rights guaranteed by law or under these Regulations should be addressed to "CEZOS" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, 88 B Olgierda Street, 81-534 Gdynia, email address: reklamacja@cezos.com, phone number +48 (58) 664 88 61.
- To review a complaint, the Client should send or deliver the complained Goods, if possible, including proof of purchase. The Goods should be delivered or sent to the address specified in point 3.
- The Seller undertakes to review each complaint within 14 days from the date of its receipt.
- In the event of deficiencies in the complaint, the Seller will request the Client to supplement it to the necessary extent immediately, but no later than within 7 days from the date of receipt of the request by the Client.
X. Complaints regarding the provision of services electronically
- The Client may submit complaints to the Seller regarding the functioning of the Store and the use of Services. Complaints may be submitted in writing to the address: "CEZOS" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, 88 B Olgierda Street, 81-534 Gdynia, email address: reklamacja@cezos.com, phone number +48 (58) 664 88 61.
- In the complaint, the Client should provide their first and last name, correspondence address, type, and description of the problem.
- The Seller undertakes to review each complaint within 14 days from the date of its receipt. In the event of deficiencies in the complaint, the Seller will request the Client to supplement it to the necessary extent within 7 days from the date of receipt of the request by the Client.
XI. Warranties
- Goods may have a manufacturer's warranty.
- In the case of Goods covered by a warranty, information about the existence and content of the warranty and the duration for which it is granted is provided in the description of the Goods on the Store's website.
XII. Out-of-court methods of resolving complaints and pursuing claims
- A Consumer Client has, among others, the following options to use out-of-court methods for resolving complaints and pursuing claims:
- a. is entitled to apply to a permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
- b. is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Client and the Seller;
- c. can obtain free assistance in resolving the dispute between the Client and the Seller, also using the free assistance of the municipal (district) consumer ombudsman or social organization, whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumer Association). Advice is provided by the Consumer Federation at the free consumer helpline 800 007 707 and by the Polish Consumer Association at the email address porady@dlakonsumentow.pl;
- d. submit their complaint via the EU online platform ODR, available at: http://ec.europa.eu/consumers/odr/.
XIII. Protection of personal data
The personal data provided by Clients are collected and processed by the Seller in accordance with applicable law and the Privacy Policy available on the Store's website.
XIV. Final provisions
- All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, Online Store website, as well as forms, logos, belong to the Seller, and their use may only occur in a manner consistent with and specified in the Regulations.
- The provisions contained in these Regulations regarding the Consumer, concerning withdrawal from the agreement and complaints, apply to a natural person concluding an agreement directly related to their business activity, where it is clear from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available based on the provisions on the Central Registration and Information on Business. The provisions on out-of-court methods of resolving complaints and pursuing claims do not apply.
- The resolution of any disputes arising between the Seller and a Client who is a Consumer is submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.
- The resolution of any disputes arising between the Seller and a Client who is an Entrepreneur is submitted to the court competent for the Seller's registered office.
- In matters not regulated by these Regulations, the provisions of the Civil Code, the Act on the provision of services by electronic means, the Consumer Rights Act, and other applicable provisions of Polish law shall apply.
- Each Client will be informed about any changes to these Regulations through information on the Online Store's main page containing a summary of the changes and the date of their entry into force. Clients with an Account will additionally be informed about the changes along with their summary to the email address provided by them. The date of entry into force of the changes will not be less than 14 days from the date of their announcement. If a Client with an Account does not accept the new content of the Regulations, they are obliged to notify the Seller within 14 days from the date of being informed about the change to the Regulations. Notification to the Seller about the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.