defining, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store and the Consumer's rights

TABLE OF CONTENTS

§ 1Definitions
§ 2Contacting the seller
§ 3Technical requirements
§4Shopping at the Store
§ 5Payments
§ 6Order processing
§ 7Right of withdrawal
§ 8Exceptions to the right of withdrawal
§ 9Complaints
§ 10Personal information
§ 11Reservations

Appendix 1:Model withdrawal form

§ 1 DEFINITIONS

Working days- days from Monday to Friday except for public holidays in Poland.

Consumer- A buyer who is a natural person, buying from the Store or taking steps to make a purchase, without direct connection with his business or professional activity.

Account- regulated by separate rules and regulations, a digital service within the meaning of the Consumer Rights Act, through which the Buyer can use additional features in the Store free of charge.

Buyer- any entity purchasing from the Store or taking steps to make a purchase.

Preferred buyer- Consumer or Business Privileged.

Privileged entrepreneur- A buyer who is an individual, concluding or intending to conclude a contract with the Seller under the Terms and Conditions directly related to his business, but not of a professional nature for him.

Regulations- these regulations.

Store- https://coffeecups.com.pl/en/ online store operated by the Seller at https://coffeecups.com.pl/en/

Seller- JOANNA TOMASZEWSKA, entrepreneur running business activity under the name JOANNA TOMASZEWSKA LEGALIS, registered in the Central Register and Information on Business Activity conducted by the minister competent for economy and keeping the Central Register and Information on Business Activity, NIP 9121725385, REGON no. 021793961, Zacisze 3, 55-220 Jelcz-Laskowice.

Consumer Rights Act- Polish law of May 30, 2014 on consumer rights.

§ 2 CONTACTING THE SELLER
  1. Postal address: Zacisze 3, 55-220 Jelcz-Laskowice
  2. Email address:hello@coffeecups.com.pl
  3. Phone: 517301683
  4. The cost of a telephone call or data transmission made by the Buyer is based on the basic tariff of the telecommunications operator or Internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or ISP used by the Buyer.
§ 3 TECHNICAL REQUIREMENTS
  1. For the proper functioning of the Store you need:
  • device with internet access
  • a web browser that supports JavaScript and cookies.
  1. For placing an order in the Store, in addition to the requirements specified in 1, an active e-mail account is necessary.
§ 4 SHOPPING IN THE STORE
  1. Product prices shown in the Store are the total prices for the
  2. The Seller notes that the total price of an order consists of the price indicated in the Store for the product and, if applicable, the cost of delivery of the goods.
  3. The product you have chosen to buy should be added to the basket at
  4. The Buyer then chooses the method of delivery of the goods and the method of payment for the order from among the options available in the Store, and provides the data necessary to complete the order placed.
  5. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
  6. Placing an order is the same as concluding a contract between the Buyer and the Seller.
  7. Buyers can register with the Store, create an Account with it, or make purchases without registration by providing their data with each possible order.
  8. The lead time will be no longer than 14 days.
§ 5 PAYMENTS
  1. The following payment methods are available in the Store:

(a) by payment card:

  • Visa
  • Visa Electron
  • MasterCard
  • MasterCard Electronic
  • Maestro

B) through a payment platform:

  • Przelewy24
  1. If the Buyer chooses to pay in advance, the order must be paid for within 7 Business Days of placing the order.
  2. By purchasing from the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.
§ 6 ORDER EXECUTION
  1. The term of the order is indicated in
  2. If the Buyer has chosen to pay in advance for the order, the Seller will proceed to process the order after payment.
  3. In a situation where the Buyer has purchased products with different lead times within one order, the order will be fulfilled within the time limit applicable to the product with the longest lead time.
  4. States on the territory of which delivery is made:
  • Poland
  • Europe
  1. The following delivery methods are available in the Store:
    • via courier service;
    • via the Polish Post;
    • to parcel machines
  2. The buyer can pick up the goods in person at the company's headquarters during its opening hours.
  3. If the Buyer chooses personal pickup, the goods will be ready for pickup on the indicated order processing date.
§ 7 RIGHT OF WITHDRAWAL
  1. A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline for withdrawal expires after 14 days from the date:
    • in which the Priority Buyer took possession of the goods or in which a third party other than the carrier and designated by the Priority Buyer took possession of the goods;
    • on which the Priority Buyer took possession of the last good, lot or part, or on which a third party, other than the carrier and designated by the Priority Buyer, took possession of the last good, lot or part, in the case of a contract obligating the transfer of ownership of multiple goods that are delivered separately, in lots or in parts.
  3. In order for a privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or e-mail).
  4. A privileged buyer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.
  5. In order to comply with the deadline for withdrawal, it is sufficient for the privileged Buyer to send information regarding the exercise of his right of withdrawal before the expiration of the deadline for withdrawal.
CONSEQUENCES OF WITHDRAWAL
  1. In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the privileged Buyer's choice of delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise his right to withdraw from the contract.
  2. The Seller will refund the payment using the same means of payment that were used by the Priority Buyer in the original transaction, unless the Priority Buyer agrees otherwise, in any case the Priority Buyer will not incur any fees in connection with this refund.
  3. If the Seller has not offered to collect the goods itself from the privileged Buyer, the Seller may withhold payment until it has received the goods or until it has been provided with proof of their return, whichever event occurs first.
  4. The Seller asks to return the goods to the address: Zacisze 3, 55-220 Jelcz-Laskowice immediately, and in any case no later than 14 days from the day on which the privileged Buyer informed the Seller about withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the expiration of the 14-day period.
  5. The privileged buyer shall bear the direct costs of returning the goods.
  6. The privileged buyer shall be liable only for the diminution in value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
  7. If the goods, due to their nature, cannot be returned by ordinary mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
  8. If there is a need for a refund for a transaction made by a Buyer with a privileged payment card, the Seller will make the refund to the bank account assigned to that payment card.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
  1. The right of withdrawal from a contract concluded at a distance, referred to in 7 of the Regulations, does not apply to the contract:
    • in which the subject of performance is a non-refabricated good, produced according to the specifications of a privileged buyer or serving to meet his individualized needs;
    • in which the object of performance is goods that are perishable or have a short shelf life;
    • in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
    • in which the object of performance is goods, which after delivery, due to their nature, become inseparable from other things;
    • in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
    • for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
    • in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal.
§ 9 COMPLAINTS
I GENERAL PROVISIONS
  1. The Seller shall be liable to the privileged Buyer for the compliance of the performance with the contract, as provided by generally applicable laws, including in particular the provisions of the Law on Consumer Rights.
  2. The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
  3. If the product has a warranty, information about it, as well as its conditions, is available in the Store.
  4. The seller will respond to the complaint within 14 days of receipt.
II PREFERRED BUYERS
A. Goods
  1. In the event of non-conformity of the goods with the contract, the privileged buyer has the option of exercising the rights set forth in Chapter 5a of the Law on Consumer Rights.
  2. The Seller shall be liable for the lack of conformity of the goods with the contract, existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
  3. Under the provisions of the Law on Consumer Rights, in case of non-conformity with the contract, the privileged Buyer may demand:
    1. exchange of goods,
    2. repairs
  4. In addition, the Preferred Buyer may make a statement about:
    1. price reduction,
    2. withdrawal from the contract in a situation where:
  • The seller refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Law;
  • The seller failed to bring the goods into conformity with the contract in accordance with Article 43d (4-6) of the Law on Consumer Rights;
  • the lack of conformity of the goods with the contract continues, despite the fact that the Seller tried to bring the goods into conformity with the contract;
  • the lack of conformity of the goods with the contract is so significant that it justifies either a reduction in price or withdrawal from the contract without first taking advantage of the protections set forth in Article 43d of the Consumer Rights Act;
  • it is clear from the Seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the privileged Buyer.
  1. In the case of goods subject to repair or replacement, the Preferred Buyer shall make the goods available to the Seller shall collect the goods from the Preferred Buyer at its own expense.
  2. A privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
  3. In the event of withdrawal from the contract referred to in this section (relating to goods), the Privileged Buyer shall immediately return the goods to the Seller at the Seller's expense, to Zacisze 3, 55-220 Jelcz- Laskowice. The Seller shall return the price to the privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
  4. The Seller shall refund to the privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the privileged Buyer's statement on price reduction.
B. Out-of-court ways of dealing with complaints and redress of grievances
  1. The Seller shall inform the Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized for out-of-court dispute resolution. The Consumer may use, among others:
  • assistance from the appropriate European Consumer Center from the Network of European Consumer Centers. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centers is, as a rule, free of charge. For a list of country-specific Consumer Centers, see:https://konsument.gov.pl/eck-w-europie/
  • online Dispute Resolution (ODR) platform provided by the European Commission, available at:https://ec.europa.eu/consumers/odr

In addition, the following forms of support are available in the Commonwealth:

  • mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here:https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
  • assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at:https://uokik.gov.pl/stale_sady_polubowne.php
  1. The preceding provision is for informational purposes and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution.
  2. The use of out-of-court means of handling complaints and claims is voluntary for both the Seller and the Consumer.
  3. The consumer can additionally take advantage of free assistance from the city or county consumer ombudsman.
III BUYERS OTHER THAN PREFERRED BUYERS
  1. For the avoidance of doubt, the Seller notes that the provision of 11 paragraph 7 shall apply to the Seller's liability to a Buyer other than a privileged Buyer related to a complaint.
§ 10 PERSONAL DATA
  1. The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information about the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data - can be found in the privacy policy available at the Store - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
  2. The purpose of the processing of Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for processing personal data in this case is:
  • contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO),
  • vendor's legal obligation related to accounting (Article 6(1)(c) RODO) and
  • vendor's legitimate interest in processing data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
  1. Provision of data by the Buyer is voluntary, but at the same time necessary to conclude Failure to provide data will prevent the conclusion of a contract in the Store.
  2. Buyer's data provided in connection with purchases in the Store will be processed until:
    • the contract concluded between the Buyer and the Seller will cease to be in force;
    • the Seller will cease to be under a legal obligation, obliging him to process the Buyer's data;
    • the possibility of asserting claims by the Buyer or Seller, related to the contract concluded by the Store will cease;
    • the Buyer's objection to the processing of his personal data will be accepted - where the basis of the data processing was the legitimate interest of the Seller - as applicable.
  1. The buyer is entitled to demand:
    • access to their personal data,
    • their correction,
    • removals,
    • processing restrictions,
    • transfer of data to another controller and also the right:
    • object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on legitimate interests pursued by the Seller).
  2. In order to exercise his rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
  3. If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the authority competent for the protection of personal data. In Poland, this is the President of the Office for Personal Data Protection.
§ 11 RESERVATIONS
  1. It is prohibited for the buyer to provide content of a nature
  2. Each time an order is placed in the Store, it constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of fulfilling the order.
  3. All contracts concluded under these Regulations shall be governed by Polish law, subject to paragraph 4.
  4. The choice of Polish law for contracts concluded under these Terms and Conditions with a Consumer does not abrogate or limit the rights of that Buyer under mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if national regulations applicable to a given Consumer provide for protection broader than that provided under these Regulations or Polish law - the broader protection shall apply.
  5. Contracts concluded under the Regulations shall be concluded in the Polish language.
  6. In the event of a possible dispute with a Buyer who is not a Priority Buyer, related to a contract concluded through the Store, the competent court will be the court having jurisdiction over the registered office of the Seller.
  7. Any liability of the Seller to a Buyer who is not a Priority Buyer, under a contract concluded through the Store - within the limits allowed by law - is excluded.
Appendix 1 to the Regulations

Below is a sample withdrawal form, which the Consumer or Privileged Entrepreneur may or may not use:

MODEL WITHDRAWAL FORM
(This form must be completed and returned only if you wish to withdraw from the contract)

JOANNA TOMASZEWSKA LEGALIS

Zacisze 3, 55-220 Jelcz-Laskowice

email address:hello@coffeecups.com.pl

- I/We(*).......................................................... hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) / provision of the following service(*):

.........................................................................................................................................................................................................................................................................................................................................

.........................................................................................................................................................................................................................................................................................................................................

.........................................................................................................................................................................................................................................................................................................................................

- Date of contract(*)/acceptance(*)

.........................................................................................................................................................................................................................................................................................................................................

- Name of the Consumer(s)/Entrepreneur(s) privileged:

.........................................................................................................................................................................................................................................................................................................................................

- Address of the Consumer(s)/Entrepreneur(s) Privileged:

.........................................................................................................................................................................................................................................................................................................................................

.........................................................................................................................................................................................................................................................................................................................................

............................................................................................

Signature of the Consumer(s)/Entrepreneur(s) privileged

(only if the form is sent in hard copy)

Date ............................................

(*) Delete as necessary.