Terms and Conditions

Online shop terms and conditions

§ 1 Introductory provisions

1. The OffGridowo Online Store, available at offgridowo.pl, is operated by WISIENKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, KRS 0001084984, REGON 527605318, NIP 5273096220, BDO/EPR number 000651234
2. These Terms and Conditions are intended for Consumers and set out the rules and procedure for concluding a distance Sales Agreement with a Consumer through the Store.

§ 2 Definitions

1. Consumer – a natural person who concludes an agreement with the Seller through the Store for a purpose not directly related to their business or professional activity.
2. Personal Data Controller; Seller – WISIENKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, UL. MARCINA KASPRZAKA 29A / 917, 01-234 WARSAW.
3. Customer – any entity making purchases through the Store.
4. Business Customer – a natural person, legal entity or organisational unit without legal personality granted legal capacity by separate law, conducting business in its own name and using the Store.
5. Store – the online store operated by the Seller at offgridowo.pl
6. Distance contract – a contract concluded with the Customer under an organised distance-contracting scheme (within the Store), without the simultaneous physical presence of the parties and exclusively through one or more means of distance communication up to and including the time the contract is concluded.
7. Terms – these terms and conditions of the Shop.
8. Order – a declaration of intent made by the Customer through the Order Form and directly aimed at concluding a Sales Agreement for one or more Products with the Seller.
9. Account – the Customer’s Store account, which stores Customer data and information about Orders placed in the Store.
10. Registration form – the form available in the Store that enables an Account to be created.
11. Order form – the form available in the Store that enables an Order to be placed.
12. Basket – a component of the Store software displaying the Products selected by the Customer for purchase and allowing the Order details to be set and modified.
13. Product – movable goods/service available in the Store and forming the subject of the Sales Contract between the Customer and Seller.
14. Sales Contract – a contract for the sale of a Product concluded or to be concluded between the Customer and Seller through the Online Store.

§ 3 Contacting the shop

1. Seller registered-office address:

   WISIENKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
   Marcina Kasprzaka 29A/917
   01-234 Warszawa

2.   Address for correspondence, returns and warranty claims:

   WISIENKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ – WAREHOUSE
   Racula – Szparagowa 3A
   66-004 Zielona Góra

3. Seller email address: sklep@offgridowo.pl

4. Seller’s phone number: +48 737 327 615

5. Seller’s bank account number: 05 1090 1535 0000 0001 5692 7606

6. The Customer may contact the Seller using the email address, telephone number and addresses stated in this section.

7. The Seller can be contacted by telephone on working days from 08:00 to 16:00.

8. Returns, Products under complaint and all correspondence concerning order fulfilment must be sent to the Seller’s warehouse address in Zielona Góra indicated above, not to the Seller’s registered office in Warsaw.

§ 4 Technical requirements

To use the Store, including browsing its range and placing Product orders, the following are required:

1. an end device with internet access and a web browser
2. an active email account,
3. cookies enabled

§ 5 General information

1. To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful actions of third parties or incompatibility between the Online Store and the Customer’s technical infrastructure.
2. Browsing the Store’s range does not require an Account. The Customer may order Products offered by the Store either after creating an Account in accordance with § 6 of these Terms and Conditions or by providing the personal and address details necessary to fulfil the Order without creating an Account.
3. Prices shown in the Store are stated in Polish zloty and include VAT.
4. The final total payable by the Customer comprises the Product price and delivery cost (including transport, delivery and postal-service charges). The Customer is informed of this amount on the Store pages while placing the Order, including when expressing the intention to be bound by the Sales Agreement.
5. Where the nature of the subject matter of the Agreement makes it unreasonable to calculate the final price in advance, the Product description in the Store will explain how the price is calculated and state the transport, delivery, postal-service and other costs.

§ 6 Creating a shop account

1. To create a Store Account, complete the registration form. The following information is required: first name, surname, delivery address, email address and telephone number.
2. Creating an account with the Shop is free.
3. To sign in to the Account, enter the username and password set in the Registration Form.
4. The Customer may delete the Account at any time, without giving a reason and without charge, by sending an appropriate request to the Seller, particularly by email or in writing to the addresses given in § 3.

§ 7 Rules for placing orders

To place an order, you must:

1. select the Product to be ordered and then click the “Add to cart” button.
2. sign in or place an Order without registering;
3. if the option to place an Order without registration has been selected – complete the Order Form by entering the Order recipient’s details and the address to which the Product is to be delivered, select the shipment type (method of Product delivery) and enter invoice details if they differ from the Order recipient’s details,
4. click “Order and pay”, select one of the available payment methods and, depending on that method, pay for the order within the specified period, subject to § 8 point 3.

§ 8 Available delivery and payment methods

1. Depending on the product, the Customer may use the following delivery or collection methods:

• Courier delivery
• Courier delivery, cash on delivery
• Parcel-locker delivery
• Cash-on-delivery parcel locker shipment 2. The Customer may use the following payment methods:

• Cash on delivery
• Electronic payments
• Payment by card.

3. Detailed information on delivery and accepted payment methods is available on the Store website.

§ 9 Performance of the sales contract

1. A Sales Agreement between the Customer and the Seller is concluded after the Customer submits an Order through the Online Store’s Order Form in accordance with § 7 of these Terms and Conditions.
2. After an Order is placed, the Seller shall promptly confirm its receipt and accept it for fulfilment. The Seller confirms receipt and acceptance by sending the Customer an appropriate email to the address provided when placing the Order. The email shall contain at least the Seller’s statements that the Order has been received and accepted for fulfilment and confirmation that the Sales Agreement has been concluded. The Sales Agreement between the Customer and Seller is concluded when the Customer receives that email.
3. If the Customer chooses:

• payment by bank transfer, electronic payment or payment card, the Customer must make payment within 24 hours of concluding the Sales Agreement; otherwise the order will be cancelled.
• cash on delivery upon receipt of the shipment, the Customer must make payment when receiving the shipment. 4. The Product will be dispatched by the Seller within the period stated in its description (subject to paragraph 5 of this section), using the method selected by the Customer when placing the Order.

• If the Customer chooses bank transfer, electronic payment or payment card – from the date the Seller’s bank account is credited.
• if the Customer selects cash on delivery – from the date on which the Sales Contract is concluded,

7. If Products with different collection-ready dates are ordered, the latest stated date applies to the entire order.

8. Products are delivered within Poland.

9. Delivery of the Product to the Customer is subject to a charge unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal-service charges) are shown to the Customer on the Online Store pages under “Delivery costs” and while placing the Order, including when the Customer expresses the intention to be bound by the Sales Agreement.

§ 10 Fulfilment time

1. The Seller will dispatch the Product promptly, no later than 14 working days after confirming acceptance of the Order, unless a different deadline is specified in the relevant Product description.
2. If the Customer chooses cash on delivery, the order fulfilment period runs from the date on which acceptance of the Order for fulfilment is confirmed.
3. If the Customer chooses bank transfer, electronic payment or payment card, the fulfilment period runs from the date the Seller’s bank account is credited.
4. The Seller keeps the Customer informed of any circumstances that extend the order fulfilment period.
5. When products with different availability dates are ordered, fulfilment may be extended to the longest specified lead time among those products, and the Customer will be informed promptly.

§ 11 Withdrawal from the contract

1. Right of withdrawal

1. The Consumer may withdraw from the Sales Contract within 14 days without giving a reason.
2. The period specified in paragraph 1 begins when the Product is delivered to the Consumer or a person designated by them other than the carrier.
3. For an Agreement covering multiple Products delivered separately, in batches or in parts, the period specified in paragraph 1 runs from delivery of the final item, batch or part.
4. For an Agreement involving the regular delivery of Products for a fixed period (subscription), the period specified in paragraph 1 runs from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting a withdrawal statement to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before that deadline expires.
6. The statement may be sent by post or electronically to the Seller’s email address or submitted on the Seller’s website. The Seller’s contact details are specified in § 3.
7. The Seller may reject a complaint if signs of use by the Customer or third parties are found. The Seller makes the final decision whether to accept or reject the complaint and must state the reason when explaining a rejection.

2. Withdrawal from the contract:

1. If a distance Contract is withdrawn from, the Contract is deemed not to have been concluded.
2. If the Consumer withdraws from the Agreement, the Seller shall reimburse all payments received from the Consumer, including the cost of delivering the goods, without undue delay and no later than 14 days after 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.
3. The Seller will refund payment using the same payment method used by the Consumer in the original transaction, unless the Consumer expressly agrees to another method that does not incur any costs.
4. The Seller may withhold the refund until the Product has been received back.
5. The Consumer must return the Product to the Seller’s address specified in these Terms and Conditions promptly, no later than 14 days after notifying the Seller of withdrawal. The deadline is met if the Product is sent before the 14-day period expires.
6. The Consumer bears the direct cost of shipping the Product and the cost of returning it if, due to its nature, it could not be returned using the least expensive shipping method.
7. The Consumer is liable only for any reduction in the Product’s value resulting from use beyond what was necessary to establish its nature, characteristics and operation.

3.  The Consumer has no right to withdraw from a distance contract in relation to a Contract:

1. where the subject of the service is a non-prefabricated item made to the Consumer’s specifications or intended to satisfy their individual needs,
2. where the subject of the service is an item supplied in sealed packaging which cannot be returned after opening for health-protection or hygiene reasons, if the packaging was opened after delivery,
3. under which the subject of performance is an item liable to deteriorate rapidly or with a short shelf life,
4. for the provision of services, if the Seller has fully performed the service with the Consumer’s express consent after informing the Consumer before performance began that full performance would result in loss of the right to withdraw,
5. where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control which may occur before the withdrawal period expires,
6. under which the subject of performance is goods that, after delivery, become inseparably combined with other items due to their nature,
7. where the subject of the service is alcoholic beverages whose price was agreed when the sales agreement was concluded, whose delivery can take place only after 30 days and whose value depends on market fluctuations beyond the Seller’s control,
8. where the subject of the service is an audio or visual recording or computer software supplied in sealed packaging if that packaging was opened after delivery,
9. for the supply of newspapers, periodicals or magazines, except for subscription contracts,
10. for the supply of digital content not provided on a tangible medium, if performance began with the Consumer’s express consent before the withdrawal period expired and after the Seller informed the Consumer that the right to withdraw would be lost,

§ 12 Complaints, liability for the Product’s conformity with the contract, statutory warranty and commercial warranty

1. The Sales Contract covers new Products unless the Product description expressly states otherwise.
2. If the Customer is a Consumer or a sole trader to whom consumer provisions apply under applicable law, the Seller is liable for the Product’s lack of conformity with the Sales Agreement under the rules set out in the Consumer Rights Act.
3. The Seller is liable for a Product’s lack of conformity with the Sales Agreement disclosed within 2 years from delivery, unless applicable law provides for a longer liability period.
4. For Customers who are businesses, including sole traders and companies to which consumer provisions do not apply, the Seller is liable under the statutory warranty for Product defects for a period of 2 years from the date the Product is delivered to the Customer.
5. A Customer acting as a business should inspect the Product at the time and in the manner customary for Products of that type and promptly notify the Seller of any defect in accordance with the relevant provisions of the Civil Code.
6. Products may be covered by a warranty granted by the Seller, manufacturer, importer or another entity named in the warranty statement. The warranty period and detailed conditions are specified on the relevant Product page or in the warranty document.
7. If a Product is purchased by a business, including a sole trader or company, the warranty period is 12 months from the date of delivery.
8. The warranty does not exclude, limit or suspend the Customer’s rights arising from the Seller’s liability for a Product’s lack of conformity with the contract or under the statutory warranty.
9. A complaint may be submitted in writing or electronically to the Seller’s addresses stated in these Terms and Conditions.
10. A complaint should include, in particular:
    a) the data of the Customer making a complaint,
    b) the order number or other proof of purchase,
    c) the name of the product concerned,
    d) a concise description of the identified defect or non-conformity of the Product with the contract,
    e) the date and circumstances in which the defect became apparent,
    f) the customer’s requested method of resolving the complaint,
    g) contact details enabling a response to the complaint to be provided.

The absence of any of the above information does not automatically result in rejection of a complaint if it can be considered on the basis of the other information provided.

11. The Seller will respond to a complaint from a Customer who is a Consumer or a business entitled to consumer rights promptly, no later than 14 days after receiving it. Failure to respond within this period constitutes acceptance of the complaint in cases provided for by applicable law.
12. Before returning a Product under complaint, the Customer should contact the Seller to agree the method and address for its transfer. The Product must be sent to the address indicated by the Seller or made available for collection by the Seller if its type, weight, size or method of installation would make dispatch excessively difficult.
13. For a complaint submitted by a Consumer or a business entitled to consumer rights, the Seller bears the cost of collection, transport, repair or replacement of the Product in accordance with applicable law.

§ 13 Out-of-court complaint handling and redress procedures

1. Detailed information on the Consumer’s use of out-of-court complaint handling and claim enforcement procedures, together with the rules for accessing them, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, and Provincial Inspectorates of Trade Inspection, as well as at the following websites 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 may use the following examples of out-of-court complaint handling and redress procedures:

1. The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) for resolution of a dispute arising from an Agreement concluded with the Seller.
2. Under Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), the Consumer is entitled to apply to the regional Trade Inspection inspector to initiate mediation for the amicable resolution of a dispute between the Consumer and the Seller.
3. The Consumer may obtain free assistance in resolving a dispute with the Seller, including from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (such as the Consumer Federation or the Association of Polish Consumers).

§ 14 Personal data in the Online Shop

1. The Controller of Customers’ personal data collected through the Online Store is the Seller: WISIENKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, UL. MARCINA KASPRZAKA 29A / 917, 01-234 WARSAW.

2. Customers’ personal data is processed:

   • for the performance of the Sales Contract (pursuant to Article 6(1)(b) of the GDPR),

   • for marketing purposes – on the basis of the Customer’s separate consent (Article 6(1)(a) GDPR),

   • to comply with the Controller’s legal obligations, such as accounting or tax obligations (Article 6(1)(c) GDPR).

3. Recipients of customers’ personal data may include:

   • carriers or intermediaries delivering the ordered Products,

   • electronic payment providers processing payments in the Store,

   • entities providing legal, accounting or IT services to the extent necessary to perform services for the Controller.

4. Customers’ personal data will be retained for:

   • necessary to perform the Sales Contract and for the period required by law (e.g. accounting legislation – up to 5 years),

   • until consent is withdrawn – for data processed on the basis of consent (e.g. for marketing purposes).

5. The customer has the right to:

   • access to their data,

   • to rectification, erasure or restriction of their processing,

   • data transfer,

   • to object to processing,

   • withdraw consent at any time (without affecting the lawfulness of processing carried out before withdrawal),

   • to lodge a complaint with the President of the Personal Data Protection Office.

6. Providing personal data is voluntary but necessary to conclude a Sales Agreement or use other Store functions (e.g. create an Account). Failure to provide required data will prevent conclusion of the agreement or performance of the service.

7. Customers’ personal data will not be processed by automated means, including profiling.

§ 15 REVIEWS IN THE ONLINE SHOP

1. An Online Store Customer may voluntarily and free of charge submit an opinion about purchases made in the Store. The opinion may also include a rating, photograph or review of a purchased product.

2. After a purchase, the Seller may send the Customer an electronic invitation to submit a review. Reviews are collected directly by the Seller without third-party companies. The Customer may receive an email asking them to rate the purchase, with a link to a form for submitting a review and adding their own description and photograph of the purchased product. If no review is submitted after the first invitation, the Seller may send a reminder.

3. A review may only be submitted by a Customer who has purchased from the Seller’s Online Store.

4. Reviews submitted by the Customer are published by the Seller in the Online Store.

5. The Customer may not use the submission of a review for unlawful activities, in particular acts of unfair competition against the Seller or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties.

6. A review may be submitted only for products actually purchased from the Seller’s Online Store. Entering into fictitious or sham sales agreements for the purpose of submitting a review is prohibited. Neither the Seller nor the Seller’s employees, regardless of their basis of employment, may author a review.

7. A published review may be removed at any time at the Buyer’s request.

§ 16 Proof of purchase in electronic form

1. For every order, the Seller issues appropriate proof of purchase, in particular a fiscal receipt, VAT invoice or other document confirming the sale, in accordance with applicable law.
2. By accepting the Terms and Conditions and placing an order, the Customer agrees to receive proof of purchase electronically at the email address provided during ordering or by another method agreed with the Seller.
3. Electronic proof of purchase confirms conclusion of the transaction and may be used by the Customer, in particular for complaints, warranty and accounting purposes, unless otherwise provided by law.
4. At the Customer’s request, submitted no later than before the order is fulfilled, the Seller may provide proof of purchase in paper form where possible and permitted by applicable law.
5. If a VAT invoice is issued electronically, it will be sent to the email address provided by the Customer when placing the order.

§ 17 Final provisions

1. Contracts concluded through the Online Store are concluded in Polish.

2. The Seller reserves the right to amend the Terms and Conditions for important reasons, namely changes in law or payment and delivery methods, insofar as those changes affect implementation of these Terms and Conditions.

3. Matters not regulated by these Terms and Conditions are governed by generally applicable Polish law, in particular the Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act and personal-data protection legislation.

4. The Customer may use out-of-court complaint and redress procedures. For this purpose, a complaint may be submitted through the EU ODR online platform at: http://ec.europa.eu/consumers/odr/.