OJACIE.PL ONLINE SHOP TERMS AND CONDITIONS

§ 1. Seller and contact details

The OJACIE! online shop, available at https://ojacie.pl, is operated by [FULL NAME], carrying out unregistered business activity under Article 5 of the Polish Entrepreneurs’ Law Act of 6 March 2018 (the “Seller”).

Seller details:

1. full name: [FULL NAME];
2. business address: [FULL ADDRESS];
3. address for correspondence, complaints and returns: [FULL ADDRESS, IF DIFFERENT];
4. email address: hej@ojacie.pl;
5. telephone number: [TELEPHONE NUMBER];
6. tax identification number (NIP): [NIP – DELETE IF NO NUMBER HAS BEEN ASSIGNED].

§ 1. Seller and contact details — continued

“OJACIE!” is the trade name used by the Seller and is not a separate legal entity.

The Seller is not entered in the Central Register and Information on Economic Activity (CEIDG). Sales are carried out as unregistered business activity.

The Seller can be contacted:

1. by email at hej@ojacie.pl;
2. by telephone at [TELEPHONE NUMBER], on [CONTACT DAYS] between [CONTACT HOURS];
3. in writing at the correspondence address stated above.

• The cost of a telephone call or data transmission depends on the Customer’s operator tariff.
• These Terms and Conditions set out the rules for using the Shop, placing Orders, entering into Sales Agreements, payment, delivery of Goods, withdrawal from agreements, complaints and use of services supplied electronically.
• The Terms and Conditions are made available free of charge in a form that allows them to be saved, reproduced and printed.

§ 2. Definitions

The following terms used in these Terms and Conditions mean:

• Shop – the OJACIE! online shop available at https://ojacie.pl.
• Seller – the person identified in § 1 of these Terms and Conditions.
• Customer – a natural person, legal person or organisational unit with legal capacity that uses the Shop or enters into a Sales Agreement with the Seller.
• Consumer – a natural person acting with the Seller for purposes outside their trade, business, craft or profession.
• Business customer with consumer rights – a natural person entering into an agreement directly related to their business activity where, from the content of that agreement, it is not of a professional nature for that person, in particular considering the subject of their activity disclosed in CEIDG.
• Goods – movable items offered in the Shop, in particular a poster or another product described on the Shop website.
• Price – the total price for the Goods in Polish zloty, excluding delivery costs unless expressly stated otherwise with the offer.
• Order – a declaration made by the Customer through the Shop directly aimed at entering into a Sales Agreement.
• Sales Agreement – a distance contract for the sale of Goods entered into between the Customer and the Seller.
• Electronic Service – a service supplied electronically through the Shop, in particular the basket, Order form, contact form and newsletter.
• Business Day – Monday to Friday, excluding public holidays in Poland.
• Durable Medium – a material or tool allowing information to be stored, accessed in the future and reproduced unchanged, in particular an email message or PDF document.

§ 3. Technical requirements and use of the Shop

To use the Shop, the Customer needs:

1. a device with internet access;
2. an up-to-date internet browser;
3. cookies necessary for the operation of the Shop enabled;
4. an active email address when placing an Order, contacting the Seller or subscribing to the newsletter.

• The Customer must use the Shop in accordance with law, these Terms and Conditions and accepted standards of conduct.
• In particular, it is prohibited to provide unlawful content, infringe the rights of the Seller or third parties, disrupt the Shop, attempt unauthorised access to the Shop, its infrastructure or data, or use the Shop to send unsolicited commercial information.
• Use of the Shop may involve ordinary internet risks. The Customer should use current software, device protection and a trusted internet connection.
• The Seller may temporarily limit the availability of the Shop for technical, maintenance or security reasons.

§ 4. Goods

The Shop sells posters and other Goods presented on the Shop website.

Information about Goods in the Shop is an invitation to enter into an agreement, not an offer within the meaning of the Polish Civil Code.

The description of the Goods specifies their main characteristics, in particular type, size, material, production technique, available variants and contents of the set.

Posters are sold unframed unless the description of a particular item expressly states otherwise.

Goods may be printed only after an Order is placed. Printing a standard item after an Order is placed does not itself mean that it was made to the Customer’s individual specifications and does not deprive the Consumer of the right to withdraw from the agreement.

Colours visible on screen may differ slightly from the physical Goods due to device settings, display type and printing-process characteristics. This does not limit the Seller’s liability for conformity of the Goods with the agreement.

Where generative artificial-intelligence tools were used to create a design, this is disclosed on the page for that item.

Information required under product-safety legislation, including manufacturer identification, Goods identification and necessary warnings, is made available on the page for the Goods or together with the Goods.

Goods offered in the Shop are new unless expressly stated otherwise for a particular item.

§ 5. Prices and promotions

Prices are stated in Polish zloty and are total prices payable for the Goods, excluding delivery costs unless stated otherwise with the offer.

The Seller benefits from the exemption from value added tax on the terms set out in applicable law.

Before placing an Order, the Customer receives information about the Price of the Goods, delivery costs, all other charges and the total amount payable.

The Customer does not bear costs of which they were not informed before placing the Order.

Where a Price reduction is announced, the Seller displays next to the reduced Price the lowest Price applied to the Goods in the 30 days before the reduction. If the Goods have been offered for less than 30 days, the lowest Price applied from the start of the offer until the reduction is displayed.

The terms of a particular promotion or discount code may be described in separate terms or information available before use of the promotion.

Promotions and discount codes cannot be combined unless the rules of the relevant promotion expressly state otherwise.

§ 6. Placing Orders

Orders can be placed through the Shop at any time, except during technical interruptions.

Creating an account is not required to place an Order.

To place an Order, the Customer:

1. selects the Goods and an available variant;
2. adds the Goods to the basket;
3. provides the data required to fulfil the Order;
4. selects a delivery and payment method;
5. checks the Order summary;
6. reads and accepts the Terms and Conditions;
7. places the Order using the “Order and pay” button or another button clearly indicating that the Order entails an obligation to pay.

• The Customer must provide true, complete and up-to-date data. Before placing an Order, the Customer may check and correct the data and basket contents using the functions available in the Shop.
• Placing an Order constitutes the Customer’s binding offer to enter into a Sales Agreement. On receipt of the Order, the Seller sends confirmation of receipt to the email address provided by the Customer.
• The Sales Agreement is entered into when the Seller sends the Customer an email confirming acceptance of the Order for fulfilment.
• The Seller provides the Customer with confirmation of the Sales Agreement, these Terms and Conditions and information required by law on a Durable Medium, at the latest on delivery of the Goods.
• If an Order cannot be fulfilled, the Seller informs the Customer without undue delay and refunds all payments received.
• The Seller may contact the Customer where necessary to clarify questions concerning the Order.

§ 7. Payments and sales documents

The following payment methods are available in the Shop: [LIST ALL PAYMENT METHODS, E.G. BLIK, PAYMENT CARD, ONLINE BANK TRANSFER, APPLE PAY, GOOGLE PAY].

Electronic payments are processed by [FULL NAME OF PAYMENT OPERATOR] on the terms presented to the Customer during payment.

The Customer should make payment within [NUMBER OF DAYS OR HOURS] after placing the Order. If payment is not made within that time, the Seller may inform the Customer of an additional payment deadline. Once it expires without payment, the Order may be cancelled.

At the Customer’s request, the Seller issues an invoice or another sales document required by law, within the period and on the terms arising from applicable legislation. The sales document is provided [BY EMAIL / IN THE SHIPMENT / IN ANOTHER WAY].

A Customer purchasing in connection with a business activity should provide the data required to issue an invoice, including the NIP, before completing the Order.

§ 8. Delivery

Goods are delivered within Poland.

Delivery is carried out via: [LIST DELIVERY METHODS AND CARRIERS, E.G. COURIER, PARCEL LOCKER, COLLECTION POINT]. Available delivery methods and costs are shown in the basket before the Order is placed.

The anticipated time for preparing the Goods for dispatch is [NUMBER] Business Days from receipt of payment. The anticipated carrier delivery time is [NUMBER] Business Days from dispatch.

If a different fulfilment time is stated for particular Goods, the time stated on that item’s page applies. If an Order covers Goods with different fulfilment times, it may be dispatched once all Goods have been completed, according to the longest stated time, unless the Seller and Customer agree separate dispatch.

If a delay is anticipated, the Seller informs the Customer. This does not limit the Customer’s statutory rights connected with non-delivery of the Goods by the agreed date.

The risk of accidental loss of or damage to the Goods passes to the Consumer when the Goods are handed to the Consumer or a third party designated by the Consumer other than the carrier. If the Consumer independently chooses a carrier not offered by the Seller, risk passes when the Goods are handed to that carrier.

Where possible, the Customer should check the condition of the parcel on receipt. Damage to packaging or the absence of a damage report does not deprive the Consumer of the right to make a complaint.

§ 9. Right of withdrawal

A Consumer and a Business Customer with consumer rights may withdraw from the Sales Agreement without giving a reason within 14 days.

The withdrawal period begins on the day the Customer or a third party indicated by the Customer, other than the carrier, takes possession of the Goods; in the case of multiple Goods delivered separately, on taking possession of the last Goods; and in the case of Goods delivered in batches or parts, on taking possession of the last batch or part.

To exercise the right of withdrawal, the Customer must send the Seller an unequivocal statement before the deadline by email to hej@ojacie.pl or by post to [WITHDRAWAL AND RETURNS ADDRESS]. The Customer may use the form in Appendix 1 to these Terms and Conditions, but this is not mandatory. Sending the statement before the deadline is sufficient to meet it.

After withdrawal, the Customer should return the Goods to [RETURNS ADDRESS] without undue delay and no later than 14 days after informing the Seller of withdrawal. The Customer bears the direct cost of returning the Goods.

The Seller refunds all payments received from the Customer, including the cost of the least expensive ordinary delivery method offered in the Shop, no later than 14 days after receiving the withdrawal statement. If the Customer chose a delivery method more expensive than the least expensive ordinary delivery method offered by the Seller, the Seller is not required to refund the additional cost.

Unless the Seller has offered to collect the Goods, the Seller may withhold the refund until receiving the returned Goods or until the Customer supplies reliable evidence that they have been sent back, whichever occurs first. The evidence should make it possible to link the parcel to the specific withdrawal and confirm that it was sent to the correct returns address, in particular by stating recipient details, the shipment number and the dispatch date.

Returning an item other than the Goods covered by the withdrawal does not fulfil the obligation to return the Goods. In that case, the Seller informs the Customer of the discrepancy and asks for the correct Goods to be returned. An item sent in error will be made available for collection by the Customer or sent back at the Customer’s expense after the method and cost of shipment have been agreed.

Refunds are made using the same payment method used by the Customer, unless the Customer expressly agrees to another method that involves no cost to the Customer.

The Customer is liable for a reduction in the value of the Goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning. The absence of original packaging does not deprive the Customer of the right to withdraw, but the Customer should protect the Goods appropriately for transport.

The right of withdrawal does not apply in the cases listed in Article 38 of the Polish Consumer Rights Act. Printing a standard poster after an Order is placed does not exclude the right of withdrawal if the Goods were not made to the Customer’s individual specifications.

§ 10. Conformity of Goods with the agreement and complaints

The Seller is liable to the Consumer and Business Customer with consumer rights for conformity of the Goods with the agreement under the rules set out in the Polish Consumer Rights Act.

Goods conform with the agreement where, in particular, their description, type, quantity, quality, completeness and functionality conform; where they are fit for a specific purpose made known by the Customer to the Seller no later than at the time the agreement is entered into and accepted by the Seller; where they are fit for the usual purposes of goods of that kind; and where they have the features, durability and safety the Customer may reasonably expect.

In the event of non-conformity, the Customer may request repair or replacement. The Seller may replace where the Customer requests repair, or repair where the Customer requests replacement, if bringing the Goods into conformity in the way chosen by the Customer is impossible or would involve excessive costs. If both repair and replacement are impossible or would involve excessive costs, the Seller may refuse to bring the Goods into conformity.

Repair or replacement is performed within a reasonable time, without undue inconvenience to the Customer and at the Seller’s cost.

The Customer may submit a declaration reducing the Price or withdrawing from the agreement in the circumstances laid down by law, in particular where the Seller refused to bring the Goods into conformity, failed to do so, non-conformity persists despite an attempt to remedy it, the non-conformity is serious enough to justify a Price reduction or withdrawal without prior repair or replacement, or it is clear from the circumstances that the Seller will not bring the Goods into conformity within a reasonable time or without undue inconvenience. The Customer may not withdraw if the non-conformity is insignificant.

A complaint may be submitted by email to hej@ojacie.pl or in writing to [COMPLAINTS ADDRESS]. To facilitate handling, the Customer may provide their name and contact details, Order number, description of the non-conformity, date it was discovered and requested resolution. The absence of any of those details does not automatically result in rejection of the complaint where it can still be examined.

The Seller may ask for a photograph of the Goods if it facilitates handling of the complaint. A photograph is not required if it is not necessary to assess the claim.

The Seller responds to a complaint from a Consumer or Business Customer with consumer rights within 14 days of receiving it. The Seller bears the costs of repair, replacement, collection and re-delivery to the extent arising from applicable law.

The Seller is liable for a non-conformity that existed at the time of delivery and becomes apparent within two years from that time, subject to statutory presumptions. These Terms and Conditions do not limit the Customer’s rights arising from mandatory law.

§ 11. Customers who are not consumers

This section applies only to Customers who are neither Consumers nor Business Customers with consumer rights.

Sales to such Customers are governed by the Polish Civil Code, including its provisions on statutory warranty, unless the parties agree otherwise individually.

The Seller’s liability to a Customer who is not a Consumer or Business Customer with consumer rights does not include lost profits unless the damage was caused intentionally.

No provision of these Terms and Conditions excludes liability that cannot be excluded by law.

§ 12. Electronic Services

The Seller supplies the following Electronic Services free of charge:

1. making Shop content available;
2. the basket;
3. the Order form;
4. the contact form, where available;
5. the newsletter.

• The agreement for use of the basket or Order form is entered into when the Customer begins using that function and ends when the Customer leaves the Shop, ends the session or places an Order.
• The Customer may stop using an Electronic Service at any time by ceasing to use it or closing the page.
• Complaints concerning the operation of the Shop or Electronic Services may be sent to hej@ojacie.pl. A complaint may include a description of the problem, its date and data enabling a reply to be provided. The Seller responds to a complaint concerning an Electronic Service within 14 days of receipt.

§ 13. Newsletter and welcome discount

Subscription to the newsletter is voluntary and is not necessary to place an Order.

Subscription takes place by providing an email address, ticking voluntary consent to receive the newsletter and commercial information, sending the subscription form and [DELETE IF NOT USED: confirming the subscription through a link sent to the provided address].

The agreement for supply of the newsletter is entered into for an indefinite period.

The newsletter may contain commercial, marketing, promotional and informational content concerning OJACIE!, in particular information about products, collections, launches, promotions, discount codes, events, collaborations, inspiration, content published by OJACIE! and other news related to the brand’s activity.

The user may unsubscribe from the newsletter at any time and free of charge using the unsubscribe link in every message or by sending a request to hej@ojacie.pl. Unsubscribing ends the agreement for the newsletter.

Email addresses subscribed to the newsletter are handled using the Brevo system. Detailed rules for personal-data processing are described in the Privacy Policy.

A person meeting the conditions stated with the subscription form may receive a 10% discount code for their first Order. The code is for one-time use, cannot be exchanged for cash, cannot be combined with other codes or promotions unless expressly stated otherwise, is valid for [CODE VALIDITY PERIOD] from receipt and does not cover delivery costs.

The Seller may end the newsletter service after informing the user. This does not affect rights acquired before the end of the service.

§ 14. Intellectual property

The name OJACIE!, poster designs, graphics, illustrations, photographs, text, markings and Shop layout may be protected by copyright law or industrial-property rights.

Using the Shop or buying Goods does not transfer to the Customer economic copyright in a design or any other elements of the Shop.

Purchased Goods may be used by the Customer for their own use in accordance with their intended purpose.

Without an appropriate legal basis, it is prohibited in particular to copy, scan, reproduce, distribute, modify, resell reproductions of, or commercially exploit designs. This section does not limit permitted use provided for by applicable law.

§ 15. Out-of-court dispute resolution

A Consumer may use out-of-court methods of handling complaints and pursuing claims. Information on available procedures and authorised bodies is available on the Polish Office of Competition and Consumer Protection’s website at https://polubowne.uokik.gov.pl.

A Consumer may in particular contact the competent regional inspector of the Trade Inspection, a competent permanent consumer arbitration court, a municipal or district consumer ombudsman, or a consumer organisation.

Use of an out-of-court dispute resolution method is voluntary and may require the Seller’s consent, according to the rules of the applicable procedure.

The Seller does not undertake in advance to take part in out-of-court proceedings. The position concerning a particular dispute will be provided to the Consumer after receipt of an appropriate application.

§ 16. Personal data and cookies

The controller of the personal data of Customers and users of the Shop is [FULL NAME], carrying out unregistered business activity under the trade name OJACIE!.

Detailed information about personal-data processing, use of cookies, analytics tools and the rights of data subjects is contained in the Privacy Policy available at https://ojacie.pl/polityka-prywatnosci.

The Privacy Policy is a separate information document and does not replace these Terms and Conditions.

§ 17. Changes to the Terms and Conditions

The Seller may amend these Terms and Conditions for important reasons, in particular due to changes in law, changes to the Seller’s details including commencement of registered business activity entered in CEIDG, changes to payment or delivery methods, introduction, change or withdrawal of Shop functions, the need to adapt the Shop to security or technological requirements, or the need to clarify these Terms and Conditions without worsening the Customer’s position.

The Terms and Conditions in force when the Order is placed apply to a Sales Agreement. Changes do not affect acquired rights and do not apply retroactively.

Users of services supplied for an indefinite period will be informed of changes on a Durable Medium with appropriate notice. A user who does not accept a change relating to such a service may cancel it before the change takes effect.

§ 18. Final provisions

Polish law applies to these Terms and Conditions and to agreements entered into through the Shop.

The choice of Polish law does not deprive a Consumer of the protection granted by mandatory provisions of the law of their habitual residence, where those provisions apply.

These Terms and Conditions do not exclude or limit rights of a Consumer or Business Customer with consumer rights arising from mandatory law.

If any provision of these Terms and Conditions is invalid or ineffective, the remaining provisions remain in force. These Terms and Conditions apply from the date stated at the beginning.