Terms and Conditions of polyforma.pl

1. The owner of the Website located at polyforma.pl is Taras Lisniewski, conducting business under the name Taras Lisniewski, Wardzyńskich 21, 54-530 Wrocław. The business is registered in the Central Register and Information on Business Activity under the NIP number: 7543053665, REGON 362894913.
2. The Terms and Conditions set out the rules for using the Website and its functionalities, including the types and scope of services provided, including electronic services provided by the owner, the conditions for placing orders, technical requirements, the process of concluding and terminating remote contracts, the payment terms, and delivery conditions, as well as the procedure for complaints.
3. You can contact the Seller by emailing sklep@polyforma.pl or by phone at 726492581.

§2 Definitions

1. Price – the amount expressed in monetary units that the Customer is obligated to pay to the Seller.
2. Business day – a weekday from Monday to Friday, excluding public holidays.
3. Delivery – means the delivery of the Goods to the Customer by the Seller.
4. Supplier – an entity cooperating with the Seller, from which the products offered on the Website come.
5. Civil Code – the Civil Code Act of April 23, 1964.
6. Customer – an entity purchasing goods for personal consumption or acquiring ownership rights or intending to make a purchase. A natural person with full legal capacity, and in cases provided by universally applicable regulations, also a natural person with limited legal capacity, a legal person, or an organizational unit without legal personality, granted legal capacity by law, which has entered into or intends to enter into an agreement with the Seller.
7. Consumer – a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity (definition based on Article 22­1 of the Civil Code).
8. Offer – a proposal of available Products on the Website, containing essential information about the Product or Service. The Offer may also include usage instructions or detailed conditions for using a particular feature (if available).
9. Privacy Policy – a document outlining the rules for processing personal data, available at https://polyforma.pl/polityka-prywatnosci/.
10. Product – any good or service as defined in Article 2, paragraph 3 of the Act on Counteracting Unfair Market Practices; the Product is paid unless stated otherwise.
11. Physical product – a product subject to physical delivery by post/courier or that can be picked up in person.
12. Entrepreneur – a natural person, legal person, and organizational unit without legal personality that has legal capacity granted by law, conducting business on their own behalf, using the Website.
13. Entrepreneur acting as a consumer – a natural person entering into a contract directly related to their business activity, when it is clear from the content of the contract that the contract is not of a professional nature, in particular in relation to the subject of their business activity, disclosed under the Central Register and Information on Business Activity regulations.
14. Terms and Conditions – these Sales Terms and Conditions outlining the rules for using the Website, placing orders, and fulfilling orders by the Seller.
15. Website – the site polyforma.pl, where Products are sold by the Seller.
16. Seller – Taras Lisniewski, conducting business under the name Taras Lisniewski, Wardzyńskich 21, 54-530 Wrocław. The business is registered in the Central Register and Information on Business Activity under the NIP number: 7543053665, REGON 362894913.
17. Goods – items that are the subject of the agreement between the Seller and the Customer.
18. Agreement – mutual arrangements between the Seller and the Customer defining their respective rights and obligations.
19. Distance contract – a contract concluded without the simultaneous physical presence of the parties, using one or more means of remote communication up to the moment of concluding the contract.
20. Service – any activity involving an intangible element, affecting the Customer or their items, which does not result in the transfer of ownership rights.
21. Electronic service – a service provided electronically through the Website; a service as defined in Article 2, paragraph 4 of the Act on Providing Services Electronically.
22. User – an entity using the Website.
23. Purchase – the transfer of ownership to the Customer for a fee or free of charge.

§3 Contract Formation Rules

1. The Terms and Conditions and the Offer set out the cooperation rules and terms for the contract execution.
2. At the bottom of the Website, the Terms and Conditions are made available to the Customer free of charge. The content of the Terms and Conditions can be recorded by the Customer by downloading, saving to a storage device, or printing them at any time from the Website.
3. The Customer may not place an order using incorrect personal data, anonymously, or under a pseudonym.
4. The Terms and Conditions and the Offer do not limit or exclude the rights of the Customer who is a Consumer or an Entrepreneur acting as a consumer, as provided by mandatory law.
5. In the event of discrepancies between the Terms and Conditions and the Offer, the Offer is binding.
6. The contract is concluded when the Customer clicks the “Buy and pay” button or when they explicitly confirm the intention to place an order electronically.
7. The receipt of the order will be confirmed electronically. The contract is concluded when the order confirmation / shipping confirmation is sent by a separate message.
8. The Customer is prohibited from submitting unlawful content and must use the Website in accordance with applicable law, the Terms and Conditions, and good practices, respecting personal rights and intellectual property rights, particularly the copyrights of the Seller or third parties, and in a manner that does not disrupt the functioning of the Website.

§4 Price

1. The price is gross and includes all taxes required by law, except where the Seller has clearly stated otherwise in the Offer.
2. The Seller informs that they are a VAT payer.
3. The price does not include information about delivery costs or other costs the Customer is obligated to bear, which will be communicated before the order is placed.
4. The reduced price is the price applicable after the reduction of the Product’s price.
5. The lowest price is the lowest price for the Product that applied during the 30 days before the reduction was introduced, and for a product offered for sale for less than 30 days – the lowest price is the lowest price applicable from the start date of the offer until the price reduction.
6. The Seller reserves the right to make changes to the Product prices and to conduct or cancel promotional actions. Any price changes for Products apply from the moment they are posted on the Website and do not affect already concluded Contracts. Promotions run by the Seller cannot be combined unless the promotion’s rules state otherwise. Detailed information is always provided in the conditions or rules of the given promotion.

§5 Cooperation Rules and Ordering on the Website

1. The Customer can use the Website 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays, or holidays will be processed on the next business day. The Seller reserves the right to temporarily disable the Website for technical reasons.
2. The Seller uses external payment service providers for online payments.
3. The Customer can choose from the following payment methods for ordered Products:
   • bank transfer – payment directly to the Seller’s account, after prior contact with the Seller. In the case of a bank transfer, the product will be shipped after receiving and booking the transfer in the Seller’s bank account
   • electronic transfer – via: Przelewy24. To make the payment, the Customer will be redirected to the service’s website according to the service’s terms
4. The Customer is obligated to make payment immediately after placing the order, unless stated otherwise in the Offer or the selected payment method.
5. To purchase Products on the Website, the Customer must:
   • choose the Product(s) they want to buy from the available options on the page by clicking the “add to cart” button or an analogous button;
   • after selecting the Products, provide the required information (e.g., Customer’s data, payment method, delivery method);
   • familiarize themselves with the total price for the selected Products, including delivery and other additional costs resulting from the order;
   • accept the Terms and Conditions and the order, and then make the payment for the order according to the chosen payment method. After placing the order, the Seller will send an order confirmation to the provided email.
6. After the contract is concluded, the Seller will also send the terms of the contract to the Customer, if they have not been provided before the conclusion of the contract.
7. The Seller has the right to cancel the order if the Customer has filled out the order form in a way that makes it impossible to process the order, despite a request for the Customer to correct/add information under the threat of canceling the order or not making payment within 24 hours of placing the order.
8. The Seller reserves the right to refuse to accept or cancel the order if it was placed using software, robots, crawlers, spiders, or any automated system or script behavior or third-party services used to place the order on behalf of the user.

§6 Physical Product – Order Fulfillment

1. If one or more items are no longer available, the Customer will be notified electronically that the purchase agreement for the items listed in the email could not be concluded.
2. The product ordered by the Customer will be shipped after the Customer has paid the full price along with the delivery costs.
3. Orders are fulfilled throughout Poland. When a delivery date is provided in business days, it refers to all days from Monday to Friday, excluding public holidays.
4. Orders can be fulfilled outside of Poland, provided that shipping to the respective country is available in the delivery options.
5. The ordered Goods will be shipped no later than within 14 days, unless stated otherwise in the Offer.

§7 Technical Requirements

1. The Customer may use the Website in accordance with applicable law and the Terms and Conditions.
2. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized access and modification of Customer data by unauthorized persons. Therefore, Customers should use appropriate technical measures to minimize these risks.
3. To use the Website or place an order, the Customer must have:
   • an up-to-date version of an internet browser supported by its manufacturer with access to the Internet (e.g., Opera, Mozilla Firefox, Google Chrome);
   • an active email account.
4. If additional technical requirements are necessary to use the Website or Products, the Customer will be informed before using the Website or placing an order for the Product.

§8 Complaints

1. The Seller is responsible for the compliance of the product with the sales contract in accordance with the provisions of Articles 43a and subsequent provisions of the Consumer Rights Act.
2. This section specifies the rules for the responsibility for the conformity of the performance with the agreement, which obliges the Seller to transfer ownership of the Goods to the Consumer and the Entrepreneur acting as a consumer for contracts concluded after January 1, 2023.
3. The provisions of Chapter XI, Title II of the Civil Code of April 23, 1964, concerning the sale, delivery, or contract for a work involving goods, do not apply. Only the Consumer Rights Act applies. Detailed information about these rules can be found in the Consumer Rights Act, and these Terms and Conditions are not intended to limit or change them.
4. If the Goods are non-compliant with the contract, the Customer can demand their repair or replacement, or in cases specified in the Consumer Rights Act, withdraw from the contract.
5. The Seller can replace the Goods if the Customer requests a repair or repair if the Customer requests a replacement if bringing the Goods into compliance with the contract as chosen by the Customer is impossible or would involve excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Goods into compliance with the contract.
6. If the Goods are non-compliant with the contract, the Customer can issue a statement to reduce the price or withdraw from the contract if:
   • The Seller refused to bring the Goods into compliance with the contract or did not bring the Goods into compliance with the contract
   • The Goods’ non-compliance persists despite the Seller’s attempt to bring the Goods into compliance with the contract;
   • The non-compliance is so significant that it justifies an immediate price reduction or withdrawal from the contract;
   • The Seller’s statement or circumstances clearly indicate that the Seller will not bring the Goods into compliance with the contract in a reasonable time or without undue inconvenience to the Customer.
7. The Customer cannot withdraw from the contract if the non-compliance of the Goods with the contract is insignificant.
8. If the contract is rescinded, the Customer must return the Goods to the Seller at their cost. The Seller will refund the Customer the Price along with return shipping costs immediately, but no later than 14 days after receiving the Goods or proof of return shipment.
9. The Customer may submit a complaint regarding the non-compliance of the Goods with the contract by sending it to the Seller’s address indicated in the Terms and Conditions (mail or email address). The complaint should contain information that allows identification of the Customer, the subject of the complaint, and the demands related to the complaint.
10. If the complaint is incomplete and cannot be considered, the Seller will request the Customer to complete it under the threat of leaving the complaint unresolved. The Customer may submit the complaint using the template in Annex 2 of these Terms and Conditions.
11. All complaints are processed promptly, no later than 14 days after the complaint has been filed. The complainant will receive a response via email sent to the email address from which the complaint was submitted.
12. Any deficiencies in the complaint submission will be communicated to the Customer immediately, along with instructions on how to complete the complaint submission.
13. The provisions of this section do not apply to Goods that are exclusively digital content carriers.
14. The provisions of this section regarding Consumers apply accordingly to contracts concluded by an Individual Entrepreneur.

§9 Withdrawal from the Contract

1. This section outlines the rules for withdrawal from the contract by a Consumer and an Entrepreneur acting as a consumer.
2. A Customer who is a Consumer or an Entrepreneur acting as a consumer has the right to withdraw from the contract within 14 days, subject to the provisions below. To exercise the right to withdraw from the contract, the Customer must notify the Seller of this by a clear statement, e.g., by email or letter to the address provided in the Terms and Conditions. A model withdrawal form is in Annex 1 of the Terms and Conditions.
3. The right to withdraw from the contract does not apply in the case of certain contracts, which the Customer will be informed of before placing an order.
   • 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 service began that, once the service is performed, they would lose the right to withdraw from the contract and accepted this.
   • In the case of services where the subject matter is a non-prefabricated item made according to the consumer’s specifications or intended to satisfy their individualized needs.
4. The Customer referred to in paragraph 2 is responsible for any decrease in the value of the Product resulting from its use beyond what is necessary to establish its character, features, and functionality.

§10 Returns – Effects of Withdrawal from the Contract

1. If the Customer withdraws from the contract, the Seller is obligated to immediately, but no later than fourteen days from receiving the withdrawal notice, refund the Customer all payments received from the Customer, including delivery costs (excluding additional costs that may arise from the Customer choosing a delivery method other than the cheapest standard delivery offered by the Seller).
2. For the return of payments, the same payment method used by the Customer in the original transaction will be applied, unless a different payment method is explicitly agreed with the Customer.
3. The Seller reserves the right to refuse to refund the payment received from the Customer until the product is returned or the Customer provides proof that the product has been sent, depending on which event occurs first.
4. The Customer must return the Product to the Seller or deliver it to the Seller without delay, but no later than fourteen days from the day they informed about withdrawing from the contract. The deadline is considered met if the product is shipped before the expiration of fourteen days.
5. The Seller will refund the Customer the delivery cost of the Product up to the amount of the cheapest standard delivery method offered in the Store. The Seller is not required to refund the difference in delivery costs.
6. The Seller does not bear the cost of return shipping in the case of withdrawal from the contract within 14 days.

§11 Dropshipping

1. The Seller informs that all or part of the Goods offered on the Website are delivered in a dropshipping model, meaning that order fulfillment may occur directly from the warehouse of one or more Suppliers, not the Seller.
2. The Supplier is responsible for preparing and sending the shipment to the Customer. The Seller remains responsible for the entire order fulfillment process.
3. In case a complaint or return of a product purchased under the dropshipping model is necessary, the Customer is obliged to contact the Seller.
4. If it is necessary to send the purchased product back to the Seller, the Customer may be required to send the product directly to the Supplier’s address, as notified by the Seller beforehand.
5. All fees associated with the order, including customs duties, taxes, and other charges, are included in the product price displayed in the online Store. The Customer will not incur any additional costs beyond the price shown for the product.
6. The Seller makes every effort to ensure that the product availability information is up-to-date. However, in a dropshipping model, there may be instances where a product is temporarily unavailable from the Supplier. In such cases, the Seller will immediately inform the Customer and refund any payments made.

§12 User Panel

1. The Seller may create a User Account for the Customer, i.e., an individual panel set up for the Customer by the Seller in order to use the Seller’s Products after the Customer registers and enters into a free agreement for the creation and management of the User Account, referred to as the Account. The agreement for creating and managing the User Account is concluded for an indefinite period.
2. The Customer can create a User Account after registering on the Website, referred to as the Account. The agreement for creating and managing the User Account is concluded for an indefinite period.
3. The Customer cannot have multiple User Accounts or share the User Account with third parties.
4. The Seller will send the Customer information about the User Account to the provided email address. The Customer establishes an individual password for the Account. The Customer must set an individual password even if the system generates an automatic password for the purpose of registration. After registering the Account, the Customer should immediately set a new password.
5. The Customer may request the deletion of their User Account by sending an email or using another accepted communication method with the Seller, with a 14-day notice period without providing a reason.
6. Deleting the User Account may result in losing access to the Products available within the User Account.
7. The Seller may terminate the agreement for creating and managing the User Account:
   • For important reasons, with a 14-day notice period (applies to the Customer who is a Consumer or an Entrepreneur acting as a consumer). An important reason includes, in particular, a violation of the Terms and Conditions or legal regulations by the Customer, or actions by the Customer that are contrary to good practices;
   • Without providing a reason, immediately (applies to the Customer who is not a Consumer or an Entrepreneur acting as a consumer).

§13 Image Rights

1. The Customer acknowledges that their image, shared during cooperation with the Seller, may be processed by the Seller, including being recorded and distributed for educational, archival, or contract-related purposes.
2. By turning on the camera during an online transmission (webinars/online meetings) or by sharing their image in another way, the Customer gives consent for the Seller to record, use, and distribute their image in the form of photos/videos from the online transmission or the course of cooperation for the purposes specified in paragraph 1.
3. Processing the Customer’s image for marketing and promotional purposes requires separate consent.
4. The image mentioned above may be used for various forms of electronic processing, cropping, and composition, and may be combined with images of other people participating in the online transmission. Additionally, the video and audio recordings of their participation may be edited, modified, and added to other materials produced by the Seller. The consent covers all forms of publication.
5. The Customer may not record, use, or distribute the image of other participants/hosts without prior consent from those individuals.

§14 Copyrights and Licenses

1. All materials provided by the Seller, including Products, photos, texts, graphics, multimedia, and trademarks, are works under the Copyright and Related Rights Act and are legally protected.
2. The copyrights to these materials are held by the Seller or another entity from whom the Seller has obtained the appropriate license. Materials may also be used by the Seller based on other legal grounds.
3. All materials provided by the Seller may be used exclusively by the Customer for personal use, unless otherwise stated in the Offer. Further dissemination, sharing, copying, or downloading materials beyond the allowed use is prohibited.
4. The Seller grants the Customer a non-exclusive license, without the right to sublicense, and without territorial limitations. Time restrictions result from the Offer or these Terms and Conditions. The remuneration for granting the license is included in the price.
5. The Customer has the right to use the materials on the following exploitation fields:
   • Recording and reproducing the work – creating copies of the work using a specific technique, including printing, reprography, magnetic recording, and digital techniques for personal use;
   • Circulating the original physical product – introducing the original to trade, lending, or renting it;
   • Disseminating the work in a way other than described in item b – public performance, presentation, display, reproduction, and broadcasting, as well as public availability of the work, so that anyone can access it at a time and place of their choosing.
6. In case of violation of the prohibition mentioned in this paragraph, including the violation of copyright, the Seller has the right to demand compensation and damages from the Customer. The Customer may be held civilly or criminally liable for this.
7. The Seller has the right to periodically update the Products.
8. The provisions of Polish law apply to these Terms and Conditions.

§15 Final Provisions

1. In the event of force majeure, the Parties to the agreement shall be exempt from liability for non-performance or improper performance if the circumstances of force majeure prevent the execution of the contract. This also applies to the period immediately preceding or following the force majeure event, as long as the force majeure continues to prevent contract execution.
2. “Force majeure” refers to an event that is sudden or natural, independent of the will and actions of the Parties, which could not have been predicted or prevented, particularly events such as floods, war, acts of terrorism, or the declaration of a state of emergency.
3. If the Customer is located outside of the Seller’s country, they must inform the Seller, providing their residence/business address, in order for tax regulations to be properly applied in accordance with the applicable laws.
4. When using the Products, the Customer must not act in a way that contradicts the law, good customs, or violates the personal rights of third parties, nor provide illegal content.
5. For amicable dispute resolution and complaints handling, the Consumer has the option to contact:
   • The permanent consumer arbitration court to settle a dispute arising from the concluded contract;
   • The regional inspector of the Trade Inspection to initiate mediation to resolve the dispute between the Customer and the Seller;
   • The district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection, for assistance with the contract;
   • Or may use the ODR platform. The platform is used to resolve disputes between consumers and businesses: http://ec.europa.eu/consumers/odr.
6. The Seller reserves the right to introduce changes to the Terms and Conditions for important reasons, especially due to changes in legal regulations that require amendments to the content of the Terms and Conditions, including changes to the Civil Code, the Consumer Rights Act, the Electronic Services Act, as well as decisions by the UOKIK, PUODO, or judicial rulings affecting these regulations. This also applies in cases of significant changes to business factors if they are linked to changes in service costs by the Seller.
7. Polish law is the governing law.
8. The competent court for disputes is the Polish court.
9. In the case of a Customer who is a consumer, the provisions of these Terms and Conditions do not deprive the consumer of the protection provided by the laws of their country of habitual residence, which cannot be waived by agreement. If the provisions in the consumer’s country are more favorable, and these provisions cannot be excluded by agreement, they will apply in the contract between the Customer and the Seller.
10. The rules regarding the processing of personal data are outlined in the Privacy Policy.
11. The Terms and Conditions are effective from 2024-12-15.

§16 Additional Provisions for Entrepreneurs

1. The provisions in this paragraph apply to Entrepreneurs who are not Entrepreneurs acting as consumers.
2. The court competent to resolve disputes between the Service Provider and Entrepreneurs who are not Entrepreneurs acting as consumers is the court with jurisdiction over the Plaintiff’s seat.
3. The Seller has the right to terminate the agreement with the Entrepreneur who is not acting as a consumer immediately. In this case, the Seller will send the Entrepreneur a statement of termination of the agreement via email or postal address. The Entrepreneur waives any claims in this regard.
4. The Seller is not liable for lost profits regarding Entrepreneurs who are not acting as consumers.

Attachment No. 1.

MODEL FORM FOR WITHDRAWAL FROM THE AGREEMENT

Fill out the form if you wish to withdraw from the Agreement.

Attachment No. 2.

COMPLAINT FORM

Fill out the form if you wish to submit a complaint regarding the non-compliance of the Product with the Agreement.

Attachment No. 3.

REPORT OF ILLEGAL CONTENT

Fill out the form if you wish to report illegal content, content violating the terms of service, or harmful content published through the polyforma.pl platform, including, but not limited to: content promoting terrorism, showing child sexual exploitation, spreading racism and xenophobia, violating intellectual property rights, cyberstalking, selling counterfeit or non-compliant products, violating consumer protection rights, illegal use of copyrighted materials, illegal offering of accommodation services, and illegal sale of live animals.