Terms and Conditions

The Online Shop www.oleksy.pl cares about consumer rights. The consumer cannot waive the rights granted to him in the Act on Consumer Rights. Agreement terms less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and are replaced by the provisions of the Consumer Rights Act. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under the mandatory provisions of law, and any possible doubts must be explained to the benefit of the consumer. In case of possible inconsistency with the above provisions of these Regulations, these provisions take precedence and should be applied.

GENERAL PROVISIONS

1.1. The Online Shop available at www.oleksy.pl is run by the company “OLEKSY” CO. PAWEŁ & WITOLD OLEKSY (registered office address and address for delivery: Stanisław Dolny 274; 34-130 Kalwaria Zebrzydowska); entered into the Register of Entrepreneurs of the National Court Register under the National Court Register number: 00 00 418 516; registration court, where the company’s documentation is kept: District Court for CRACOW ŚRÓDMIEŚCIE IN CRACOW, 12th Commercial Division of the National Court Register; Tax Identification Number: 5512615121; Business Registration Number: 122561511 and e-mail address: sklep@oleksy.pl.

1.2. These Regulations are addressed both to consumers and entrepreneurs using the Online Shop, unless a given provision of the Regulations states otherwise and is addressed exclusively to consumers or entrepreneurs.

1.3. The Administrator of personal data processed in connection with implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for the purposes, to the extent and on the basis of principles indicated in the Privacy Policy published on websites of the Online Shop.

1.4. Definitions:

ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

2.2 Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1024 x 768; (5) enable cookies and JavaScript support in your web browser.

2.3 The Customer is obliged to use the Online Shop in a manner consistent with the law and good manners in order to respect the personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The Customer is obliged to enter data in accordance with the actual state of affairs. The Customer is prohibited from providing illegal content.

2.4 Complaint procedure.

Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (with exception of the Product complaint procedure, which was indicated in point 6 of these Regulations). The Customer may submit, for example:

in writing to the address: Stanisław Dolny 274, 34-130 Kalwaria Zebrzydowska;
in electronic form by e-mail to the following address: sklep@oleksy.pl;

It is recommended that the Customer provide a description of the complaint: (1) information and circumstances relating to the subject matter of complaint, in particular the type and date of noncompliance; (2) the Customer’s request; and (3) contact details of the complainant – this will facilitate and accelerate the complaint handling by the Service Provider. Requirements given in the previous sentence have only a form of recommendation and do not affect the effectiveness of complaints submitted without the recommended description of complaint.
The Service Provider’s response to the complaint shall take place immediately, not later than within 14 calendar days from the date of its submission.

TERMS AND CONDITIONS OF CONCLUDING THE SALES AGREEMENT

3.1. The Sales Agreement between the Customer and Seller shall be concluded after the Customer has placed an Order using the Order Form in the Online Shop in accordance with clause 2.1.2 of the Regulations.

3.2 The price of Product displayed on the website of Online Shop is given in Polish zloty and includes taxes. About the total price including taxes of the Product being the subject of Order, as well as delivery costs (including transport, delivery and postal services fees) and other costs, and if it is not possible to determine the amount of these fees – about the obligation to pay them, the Customer is informed on the sites of Online Shop when placing an Order, including when the Customer expresses its will to be bound by the Sales Agreement.

3.3. The procedure of concluding the Sales Agreement in the Online Shop by means of the Order Form

Conclusion of the Sales Agreement between the Customer and Seller takes place after the Customer has placed an Order in the Online Shop in accordance with clause 2.1.2 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of Order receipt and its acceptance for execution shall be effected by sending by the Seller to the Customer an appropriate e-mail message at the Customer’s e-mail address provided during the submission of Order, which contains at least the Seller’s statements on receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement shall be concluded between the Customer and Seller.

3.4. The content of Sales Agreement shall be preserved, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Shop and (2) sending to the Customer an e-mail message referred to in clause 3.3.2 of the Regulations. The content of Sales Agreement shall be additionally recorded and secured in the IT system of the Seller’s Online Shop.

METHODS AND DEADLINES FOR PRODUCT PAYMENT

4.1. The Seller shall make available to the Customer the following methods of payment under Sales Agreement.

Payment in cash on delivery.
Payment in cash on personal collection.
Payment by bank transfer to the Seller’s bank account.
Electronic payments and payment by credit card via Dotpay.pl – possible current payment methods are specified on the website of the Online Shop in the information bookmark on payment methods and on the website http://www.dotpay.pl/.
Settlements of transactions with electronic payments and payment cards are carried out according to the Customer’s choice via Dotpay.pl service. The service of electronic payments and payment card is provided by:

Dotpay.pl – the company DOTPAY S.A. with its registered office in Cracow, Wielicka 72 Street, 30-552 Cracow, Tax Identification Number 6342661860, Business Registration Number 240770255, entered into the Register of Entrepreneurs under National Court Register number 0000296790, kept by the District Court in Cracow-Śródmieście, XI Commercial Division of the National Court Register, with the share capital of PLN 4.000.000,00, paid-in capital of PLN 4.000.000,00.

4.2. Payment deadline:

If the Customer chooses to pay by bank transfer, electronic payment 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.
If the Customer chooses to pay in cash on delivery on delivery or to pay in cash on personal collection, the Customer shall be obliged to make payment on delivery.

COST, METHODS AND DATE OF DELIVERY, AS WELL AS COLLECTION OF THE PRODUCT

5.1. Delivery of Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal charges) shall be indicated to the Customer on the sites of Online Shop in the information section on delivery costs and during placing an Order, including when the Customer expresses its will to be bound by the Sales Agreement.

5.2. Personal collection of Product by the Customer is free of charge.

5.3 The Seller provides the Customer with the following methods of delivery or collection of Product.

Courier parcel, courier on delivery.
Personal collection available at the address: Strzelców Bytomskich 96 Street; 41-931 Bytom; Plutonowego R. Szkubacza 1 Street; 41-800 Zabrze and al. Pokoju 67; 31-580 Cracow – Monday to Saturday, from 09:00 to 21:00 and on Sundays, from 10:00 to 20:00.

5.4 The date of Product delivery to the Customer shall be up to 7 Working Days, unless a shorter date is stated in the Product description or in the course of placing an Order. In case of Products with different delivery dates, the delivery date is the longest specified date, which cannot exceed 7 Working Days. The beginning of delivery date of the Product to the Customer is calculated as follows:

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.
If the Customer chooses the method of cash on delivery – from the date of conclusion of the Sales Agreement.

5.5. The date on which the Product is ready 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 7 Working Days, unless a shorter deadline is specified in the Product description or during the Order placement process. In case of Products with different dates of readiness for collection, the date of readiness for collection is the longest given date, which cannot exceed 7 Working Days. The Customer shall be additionally informed by the Seller about the readiness of Product for collection. The beginning of period of the Product readiness for collection by the Customer is calculated as follows:

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.
If the Customer chooses the method of cash on delivery – from the date of conclusion of the Sales Agreement.

PRODUCT COMPLAINT

6.1. The basis and scope of the Seller’s liability towards the Customer, if the Product sold has a physical or legal defect (warranty) are determined by generally applicable provisions of law, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code). For Sales Agreements concluded until 24 December 2014, the basis and scope of the Seller’s liability towards the Customer being a natural person, who purchases the Product for purposes not related to professional or business activity, for non-compliance of the Product with the Sales Agreement are defined by generally applicable laws, in particular by the Act of 27 July 2002 on specific conditions of consumer sales and amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).

6.2. The Seller shall deliver the Product to the Customer without defects. Detailed information on the Seller’s liability for a defect in the Product and the Customer’s rights are specified on the website of Online Shop in the information bookmark concerning the complaint.

6.3. The Customer may lodge a complaint, for example:

in writing to the address: Stanisław Dolny 274, 34-130 Kalwaria Zebrzydowska;
in electronic form by e-mail to the following address: reklamacje@oleksy.pl;

6.4. It is recommended that the Customer provide a description of the complaint: (1) information and circumstances relating to the subject matter of complaint, in particular the type and date of noncompliance; (2) request the method of bringing 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 accelerate the Seller’s handling of complaint. Requirements given in the previous sentence have only a form of recommendation and do not affect the effectiveness of complaints submitted without the recommended description of complaint.

6.5. The Seller shall respond to the Customer’s complaint immediately, not later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested replacement of item or removal of the defect or has made a statement of price reduction, 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 shall be deemed that the request is justified.

6.6. The Customer, who exercises warranty rights, is obliged to deliver the defective Product to the address: Stanisław Dolny 274, 34-130 Kalwaria Zebrzydowska. In case of Customer who is a consumer, the cost of Product delivery shall be borne by the Seller, in case of Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of Product or the method of its installation, the delivery of Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES, AS WELL AS THE 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 complaint and redress procedures and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at the following address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. At the President of the Office of Competition and Consumer Protection also operates a contact point (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-950 Warsaw), which is responsible, among others, for providing assistance to consumers in cases concerning out-of-court settlement of consumer disputes.

7.3. The consumer has the following exemplary possibilities to use out-of-court complaint and redress procedures: (1) request for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspectorate (more information at the website of the inspector competent for a place of the Seller’s business activity); and (3) district (municipal) consumer advocate or social organization, which statutory tasks includes consumer protection (including the Consumer Federation, Polish Consumers Association). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open during Working Days, from 8:00 a.m. to 6:00 p.m., call charge according to the operator’s tariff).

7.4. Platform for online dispute resolution between consumers and traders at EU level is available at http://ec.europa.eu/consumers/odr (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute concerning contractual obligations arising from online sales or service agreements (more information on the website of platform or website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

THE RIGHT OF WITHDRAWAL

8.1. The consumer who has concluded a distance agreement may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. In order to meet the deadline, it is sufficient to send the statement before its expiry. A declaration of withdrawal from the agreement may be submitted, for example:

in writing to the address: Stanisław Dolny 274, 34-130 Kalwaria Zebrzydowska;
in electronic form by e-mail to the following address: reklamacje@oleksy.pl;

8.2. An exemplary withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in point 11 of the Regulations and on the website of the Online Shop in the bookmark concerning withdrawal from the agreement. The consumer may use the template form, but it is not obligatory.

8.3. The withdrawal period begins:

for the agreement in the performance of 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 the consumer other than the carrier, and in case of agreement which is not a part of the Product: (1) includes many Products that are delivered separately, in batches or parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period of time – from taking possession of the first Product;
for other agreements – from the date of conclusion of the agreement.

8.4. In case of withdrawal from a distance agreement, the agreement shall be deemed not to conclude.

8.5. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal, return to the consumer all payments made by him, including the costs of Product delivery (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest normal method of delivery available in the Online Shop). The Seller shall make a refund using the same method of payment as used by the consumer, unless the consumer has expressly agreed to another method of refund that does not involve any costs to the consumer. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold reimbursement of payments received from the consumer until the Product is received back or the consumer provides evidence of its return, whichever is the earlier.

8.6. The consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product by his own means, no later than within 14 calendar days from the day on which the consumer withdrew from the agreement. In order to meet the deadline it is sufficient to send the Product back before its expiry. The Consumer may return the Product to the address: Stanisław Dolny 274, 34-130 Kalwaria Zebrzydowska.

8.7. The consumer shall be liable for any diminished value of the Product as a result of using it in a manner that is beyond what is necessary to determine the nature, characteristics and functioning of the Product.

8.8. Possible costs related to the consumer’s withdrawal from the agreement, which the consumer is obliged to bear.

If the consumer has chosen a method of Product delivery other than the cheapest normal method of delivery available in the Online Shop, the Seller is not obliged to reimburse the consumer for any additional costs incurred by him.
The consumer bears the direct costs of returning the Product.
In case of a Product which is a service, the performance of which – at the express request of the consumer – began before the expiry of withdrawal period, the consumer who exercises the right to withdraw from the agreement after making such a request is obliged to pay for performance until the time of withdrawal from the agreement. The amount of payment shall be calculated in proportion to the extent of performance, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of provided service.

8.9. The right of withdrawal from a distance agreement shall not apply to consumer in relation to agreements:

(1) for the provision of services, if the Seller has performed the full service with express consent of the consumer, who has been informed before the commencement of performance that after the performance of the Seller will lose the right to withdraw from the agreement; (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 expiry of a period for withdrawal from the agreement; (3) in which the Product is not manufactured, produced to the consumer’s specifications or to meet individual needs; (4) in which the Product is subject to rapid deterioration or has a short shelf life; (5) in which the object of performance is a Product delivered in sealed packaging which, after opening the packaging, cannot be returned for health or hygiene reasons if the packaging has been opened after delivery; (6) in which the subject of performance is Products, which after delivery due to their nature, are inseparably combined with other items; (7) in which the performance concerns alcoholic beverages the price of which was agreed upon at the conclusion of the Sales Agreement and which can only be delivered after 30 days and their value depends on fluctuations in the market, over which the Seller has no control; (8) where the consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides services other than those requested by the consumer or provides Products other than the spare parts necessary for repair or maintenance, the right of withdrawal shall apply to the consumer in respect of additional services or Products; (9) for the provision of audio or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of 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, leisure, entertainment, sporting or cultural events, where the contract specifies a day or period for the provision of service; (13) for the supply of digital content which is not recorded on a tangible medium, where the performance has begun with the express consent of consumer before the expiry of withdrawal period and after the Seller has informed of the loss of right to withdraw from the agreement.

PROVISIONS CONCERNING ECONOMIC OPERATORS

9.1. These clause of the Regulations and provisions contained therein shall apply only to Customers and Users who are not consumers.

9.2. The Seller shall have 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 any reason and does not give rise to any claims against the Seller on the part of Customer who is not a consumer.

9.3. In case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.

9.4. Upon delivery of the Product by the Seller to carrier, the benefits and burdens associated with 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 any loss, defect or damage to the Product arising from its acceptance for transport until its delivery to the Customer and for any delay in transporting the shipment.

9.5. In case of sending the Product to the Customer through the carrier, the Customer who is not a consumer is obliged to check the shipment at the time and in the manner accepted for such shipments. If the Customer finds out that the Product has been lost or damaged during transportation, he is obliged to perform all actions necessary to determine the liability of carrier.

9.6. Pursuant to Article 558 § 1 of the Civil Code, the liability of Seller under the warranty for the Product towards a Customer who is not a consumer shall be excluded.

9.7. In case of Users who are not consumers, the Service Provider may terminate an agreement for the provision of Electronic Service with immediate effect and without indicating the reasons by sending the Customer a relevant statement.

9.8. The liability of Service Provider/Seller towards the Customer who is not a consumer, regardless of its legal basis, is limited – both as part of single claim and for any claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not to a greater amount than PLN 1,000. The Service Provider/Seller shall be liable to the Customer/User who is not a consumer only for typical damages foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits to the Customer/User who is not a consumer.

9.9. Any disputes arising between the Seller/Service Provider and the Customer/User who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

FINAL PROVISIONS

10.1. Agreements concluded through the Online Shop shall be concluded in Polish.

10.2. Amendments to the Regulations:

The Service Provider reserves the right to implement amendments to these Regulations for important reasons, i.e.: amendments to the provisions of law; amendments to the methods of payment and delivery – to the extent that such amendments affect the implementation of provisions of these Regulations.
In case of concluding agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Service – Account), the amended Regulations shall be binding on the Customer if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been correctly notified of the amendments and has not terminated the agreement within 14 calendar days of the notification date. In case of an amendment to the Regulations resulting in introduction of any new fees or an increase in current fees, the Customer who is a consumer has the right to withdraw from the agreement.
In case of concluding agreements on the basis of these Regulations other than continuous agreements (e.g. Sales Agreement), amendments to the Regulations shall not in any way infringe the rights acquired by the Customers/Users who were consumers before the amendments to Regulations come into force, in particular amendments to the Regulations shall not affect orders already placed or submitted and Sales Agreements concluded, executed or performed.

10.3. In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on provision of electronic services of 18 July 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers – the provisions of Act on the protection of certain consumer rights and liability for damage caused by dangerous products of 2 March 2000 (Journal of Laws 2000, No. 22, item 271, as amended) and the Act on special conditions of consumer sales and on the amendment of the Civil Code of 27 July 2002 (Journal of Laws 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers – provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.

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