§ 1. Seller and contact details
The OJACIE! online shop, available at https://ojacie.pl, is operated by Iwona Kowalik, carrying out unregistered business activity under Article 5 of the Polish Entrepreneurs’ Law Act of 6 March 2018 (the “Seller”). Seller details:- full name: Iwona Kowalik;
- business address: Pcim 591, 32-432 Pcim;
- address for correspondence, complaints and returns: Pcim 591, 32-432 Pcim;
- email address: hej@ojacie.pl;
- telephone number: +48 798 476 696;
§ 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:- by email at hej@ojacie.pl;
- by telephone at +48 798 476 696, on weekdays between 16:00–19:00 (Polish time);
- 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 the selected currency (PLN or EUR), 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:- a device with internet access;
- an up-to-date internet browser;
- cookies necessary for the operation of the Shop enabled;
- 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. 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 the selected currency (PLN or EUR) and are total prices payable for the Goods, excluding delivery costs unless stated otherwise with the offer. The Seller benefits from the VAT exemption under Article 113 of the Polish VAT Act. 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. Orders are placed as a guest. The Shop does not offer customer account registration or sign-in. To place an Order, the Customer:- selects the Goods and an available variant;
- adds the Goods to the basket;
- provides the data required to fulfil the Order;
- selects a delivery and payment method;
- checks the Order summary;
- reads and accepts the Terms and Conditions;
- 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: payment card, Apple Pay and Google Pay, where available on the Customer’s device and browser at checkout. Electronic payments are processed by WooPayments, in partnership with Stripe on the terms presented to the Customer during payment. Payment is made when placing the Order. Fulfilment starts after payment is confirmed. If payment fails, the Customer may retry as instructed by the system or contact hej@ojacie.pl. Before cancelling an accepted, unpaid Order, the Seller will provide an additional payment deadline. At the Customer’s request, the Seller issues an invoice documenting VAT-exempt sales, within the period and on the terms arising from applicable legislation. The sales document is provided by email to the address provided with the Order. 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
We deliver by GLS courier to Poland, Germany, the Netherlands, Austria, Italy, Spain, Belgium, Sweden, Denmark, France and Ireland. Delivery costs depend on the destination country and are shown before the Order is placed. Delivery is carried out via: GLS courier. 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 up to 4 Business Days from receipt of payment. The anticipated GLS delivery time in Poland is usually up to 2 Business Days from dispatch. International delivery times depend on the destination country; estimated times are listed in the table on the official GLS website. Order preparation and transit times are counted separately. 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. Customers are advised to inspect the condition of the packaging and, where possible, the contents of the parcel immediately upon delivery. If the packaging shows visible signs of damage, Customers are advised to refuse delivery of the damaged parcel or, where possible, inspect its contents in the courier's presence and request a damage report. If damage to the Goods is discovered only after delivery, Customers are encouraged to notify the Seller without undue delay, preferably within 24 hours of discovering the damage, and provide the following information and materials where available: the Order number; a brief description of the damage; photographs of the damaged Goods; photographs of both the outer and inner packaging, even if there are no visible signs of damage; a photograph of the shipping label, if available. Customers are advised to retain the packaging until the circumstances of the damage have been clarified. Where damage was not externally visible upon delivery, Customers are also advised to notify the carrier without undue delay to enable the condition of the parcel to be documented, no later than 7 days after delivery, in accordance with Polish transport law, where applicable. The Seller cooperates with the provider responsible for producing and dispatching the Goods to investigate the circumstances of the damage and pursue claims against the carrier. These recommendations are intended to facilitate the complaints process and the documentation of transport damage. Failure to inspect the parcel upon delivery, obtain a damage report, retain the packaging, provide photographs or report damage within the recommended period does not exclude or limit the Customer's statutory rights against the Seller, including the right to make a claim concerning Goods that do not conform to the contract.§ 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 Iwona Kowalik, Pcim 591, 32-432 Pcim. 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 Iwona Kowalik, Pcim 591, 32-432 Pcim 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 Iwona Kowalik, Pcim 591, 32-432 Pcim. 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. In the event of a complaint concerning Goods damaged during transport, the Seller may request additional information or any available documentation from the Customer, in particular photographs of the Goods, packaging and shipping label, or a damage report, if one was prepared. Such documentation may help determine the cause of the damage and facilitate claims against the delivery provider. Failure to provide such documentation does not, in itself, constitute grounds for rejecting a complaint. 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:- making Shop content available;
- the basket;
- the Order form;
- the contact form, where available;
- 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. 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 in the shop system based on WordPress and WooCommerce. 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 until 31 December 2026 for codes issued in 2026, and for 14 days from receipt for codes issued from 2027 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 Iwona Kowalik, 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.APPENDIX 1 — MODEL WITHDRAWAL FORM
Complete and send this form only if you wish to withdraw from an agreement. Addressee: Iwona Kowalik, OJACIE!, Pcim 591, 32-432 Pcim, email: hej@ojacie.pl. I/We (*) hereby give notice that I/we (*) withdraw from my/our sales agreement for the following Goods:
Goods: ....................................................................................
Order number: ....................................................................................
Date agreement entered into / Goods received (*): ....................................................................................
Name of Consumer(s): ....................................................................................
Address of Consumer(s): ....................................................................................
Email address used when placing the Order: ....................................................................................
Bank account number – only if needed for a refund by an agreed method: ....................................................................................
Date: ....................................................................................
Consumer(s)’ signature – only if this form is submitted on paper: ....................................................................................
(*) Delete as appropriate.