§ 1 Preliminary provisions

1. The online store Chocante.pl, available at the internet address www.chocante.pl, is operated by Tomasz Orzeszko conducting business under the name Skeppi Tomasz Orzeszko, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy. economy, NIP: 7962630274, REGON 120192794.

2. This Regulation applies to both Consumers and Entrepreneurs using the Store and specifies the rules for using the Online Shop as well as the principles and procedures for concluding Distance Sales Agreements with Customers through the Shop.

§ 2 Definitions

1. Consumer – a natural person entering into an agreement with the Seller through the Shop, the subject of which is not directly related to their economic or professional activity.

2. Seller – a natural person conducting business under the name Skeppi Tomasz Orzeszko, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the finance, NIP PL7962630274, REGON 120192794.

3. Client – any entity making purchases through the Shop.

4. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, which has legal capacity under separate legislation, conducting business activity on its own behalf, and using the Shop.

5. Shop – online shop operated by the Seller at the Internet address www.chocante.pl.

6. Distance contract – a contract concluded with the Customer within an organized system of concluding distance contracts (within the Shop), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the conclusion of the contract.

7. Regulations – these rules of the Shop.

8. Order – the Customer’s declaration of intent made using the Order Form and directly aimed at concluding a Sales Agreement for the Product or Products with the Seller.

9. Account – a customer account in the Shop, where the data provided by the Customer and information about the Orders placed by them in the Shop are stored.

10. Registration form – a form available in the Shop that allows you to create an Account.

11. Order form – an interactive form available in the Shop enabling the placement of an Order, particularly by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

12. Cart – a component of the Shop’s software where the Products selected for purchase by the Customer are visible, and where there is the possibility to establish and modify Order details, especially the quantity of products.

13. Product – a movable item/service available in the Shop, which is the subject of the Sales Agreement between the Customer and the Seller.

14. Sales Agreement – a sales agreement for a Product concluded or to be concluded between the Customer and the Seller through the online Shop. The Sales Agreement also encompasses – regarding the characteristics of the Product – contracts for services and contracts for work.

§ 3 Contact with the Store

1. Address of the Seller: Blachnickiego 3/8, 31-538 Kraków, Poland

2. E-mail address of the seller: chocante@chocante.pl

3. Seller’s phone number: +48 606 76 58 75

4. The Seller’s bank account number is PL92 1090 0088 0000 0001 4881 9933. The Customer may contact the Seller using the addresses and telephone numbers provided in this paragraph.

5. The customer can communicate with the Seller by phone between 10:00 and 17:00.

§ 4 Technical requirements

In order to use the Shop, including browsing the Store’s assortment and placing orders for Products, it is necessary:

a. A terminal device with access to the Internet and a web browser such as Edge, Firefox, Chrome, Opera, Safari,

b. An active electronic mail (e-mail) account,

c. Cookies enabled,

d. Flash Player installed.

§ 5 General information

1. To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the operation of the Shop caused by force majeure, unauthorized actions of third parties, or incompatibility of the Online Shop with the technical infrastructure of the Customer.

2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products available in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be fulfilled without creating an Account.

3. Prices given in the Shop are given in Polish zloty and are gross prices (including VAT).

4. The final amount to be paid by the Customer consists of the price for the Product and the delivery cost (including charges for transportation, delivery, and postal services), which the Customer is informed about on the Shop’s pages during the Order placement, including at the moment of expressing the will to be bound by the Sales Agreement.

5. In the case of an Agreement covering a subscription or the provision of services for an indefinite period, the final price is the total price including all payments for the settlement period.

6. When the nature of the subject matter of the Agreement does not reasonably allow for the earlier calculation of the final price, information about how the price will be calculated, as well as about the charges for transportation, delivery, postal services, and other costs, will be provided in the Shop in the Product description.

§ 6 Creating an Account in the Shop

1. To create an Account in the Shop, you must complete the Registration Form. It is necessary to provide the following data: first name, last name and e-mail address.

2. Establishing an Account in the Shop is free of charge.

3. Logging into the Account is done by providing the login and password established in the Registration Form.

4. The Customer has the option at any time, without stating a reason and without incurring any charges as a result, to delete their Account by sending a relevant request to the Seller, particularly via email or in writing to the addresses provided in § 3.

§ 7 Rules for placing an Order

In order to place an Order, you must:

1. Log in to the Shop (optional);

2. Select the Product that is the subject of the Order, and then click the “To Cart” button;

3. Log in or use the option to place an Order without registration;

4. If the option to place an order without registration is chosen, fill out the Order form by entering the recipient’s details and the delivery address for the Product, selecting the type of shipment (method of Product delivery), entering invoice details if different from the recipient’s information.

5. Click the “Order and pay” button and confirm the order by clicking on the link sent in the email,

6. Select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8.3. § 8 Delivery and payment methods offered

1. The customer may use the following methods of delivery or pickup of the ordered Product:

a. Postal delivery
b. Courier delivery

2. The customer may use the following payment methods:
a. Payment by bank transfer to the Seller’s account.
b. Electronic payments.
c. Payment by credit card.

3. Detailed information on delivery methods and accepted payment methods can be found on the pages of the Shop.

§ 9 Performance of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer has previously placed an Order using the Order Form in the online Shop in accordance with § 7 of the Regulations.

2. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution occurs through the Seller sending the Customer a relevant email message to the email address provided by the Customer during the Order placement. This email contains at least the Seller’s statements regarding the receipt of the Order, its acceptance for execution, and confirmation of the conclusion of the Sales Agreement. Upon receiving the aforementioned email message, the Sales Agreement is concluded between the Customer and the Seller.

3. If the Customer chooses:
a. For payments made by bank transfer, electronic payments, or payment card, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement. Otherwise, the order will be canceled.
b. For cash payments upon personal collection of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.

4. If the Customer has chosen a delivery method other than a personal pickup, the Product will be dispatched by the Seller within the timeframe indicated in its description (subject to paragraph 5 below), in the manner selected by the Customer during the Order placement.

5. A) In the case of ordering Products with different delivery times, the delivery time is the longest specified deadline. B) In the case of ordering Products with different delivery times, the Customer has the option to request delivery of the Products in parts or to have all the Products delivered once the entire order is complete.

6. The beginning of the period of delivery of the Product to the Customer is calculated as follows:
a. If the Customer chooses payment by bank transfer, electronic payment, or credit card, the payment period starts from the date the Seller’s bank account is credited.

7. In the case of ordering Products with different readiness dates for pickup, the readiness date is determined by the longest specified date.

9. The delivery of the Product takes place within Europe, South America, North America, Asia, Africa, and Australia.

10. The delivery of the Product to the Customer is chargeable unless the Sales Agreement provides otherwise. The delivery costs of the Product (including fees for transportation, delivery, and postal services) are indicated to the Customer on the website of the online Shop in the “Delivery Costs” section as well as during the order placement process, including at the moment when the Customer expresses the will to enter into a Sales Agreement.

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

§ 10 Right of withdrawal

1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

2. The running of the deadline specified in the paragraph continues. 1) The deadline begins upon delivery of the Product to the Consumer or to a person indicated by them other than the carrier.

3. In the case of a contract covering multiple Products that are delivered separately, in batches, or in parts, the deadline specified in paragraph 1 starts from the delivery of the last Product, batch, or part. 1) The period referred to in paragraph 1 runs from the delivery of the last item, batch, or part.

4. I In the case of a contract involving the regular delivery of products over a specified period (subscription), the period referred to in paragraph 1 runs from the receipt of the first item. 1) The period begins upon taking possession of the first item.

5. The consumer may withdraw from the contract by submitting a statement of withdrawal to the seller. To meet the deadline for withdrawal from the contract, it is sufficient for the consumer to send the declaration before the deadline expires.

6. The statement can be sent by traditional mail or electronically by sending the statement to the Seller’s email address or by submitting the statement on the Seller’s website – the contact details of the Seller have been specified in § 3. The statement can also be submitted on the form, the template of which is annexed as Appendix No. 1 to this Regulation and as an attachment to the Act of May 30, 2014, on consumer rights, although this is not mandatory.

7. If the consumer submits the statement electronically, the Seller shall immediately send the consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the consumer.

8. Effects of withdrawal from the Agreement:
a. In the case of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
b. In the event of withdrawal from the Agreement, the Seller shall promptly, no later than within 14 days from the day of receiving the Consumer’s statement of withdrawal from the Agreement, refund to the Consumer all payments made by them, including the delivery costs of the item, with the exception of additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller.
c. The Seller shall make the refund using the same payment methods that were used by the Consumer in the initial transaction, unless the Consumer expressly agrees to another solution that will not entail any costs for them.
d. The Seller may withhold the refund until the Product is returned or until the Seller receives proof of its return, whichever occurs first.
e. The Consumer should return the Product to the Seller’s address provided in this Regulation promptly, no later than 14 days from the day they informed the Seller of their withdrawal from the Agreement. The deadline will be deemed met if the Consumer returns the Product before the expiry of the 14-day period.
f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
g.The Consumer is only responsible for the decrease in the value of the Product resulting from using it in a way other than necessary to determine the nature, characteristics, and functioning of the Product. 9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the return costs of the Product, will be included in the Product description on the Shop’s website.

10. The right of withdrawal from a contract concluded at a distance shall not be granted to the Consumer with respect to the Contract:
a. In which the subject of the service is an item not prefabricated, manufactured according to the Consumer’s specifications or serving to satisfy their individual needs.
b. In which the subject of the service is an item delivered in a sealed package, which, once opened, cannot be returned due to health or hygiene reasons, if the packaging has been opened after delivery.
c. In which the subject of the service is an item liable to deteriorate rapidly or having a short shelf life.
d. For the provision of services if the Seller has fully performed the service with the explicit consent of the Consumer, who has been informed before the provision begins that once the service is fully performed by the Seller, they will lose the right to withdraw from the Agreement.
e. In cases where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period.
f. In which the subject of the service is goods that, after delivery, due to their nature, are inseparably mixed with other items.
g. In which the subject of the service is alcoholic beverages, the price of which was agreed upon at the time of the sales contract, and the delivery of which can only take place after 30 days, and whose value depends on fluctuations in the market over which the Seller has no control.
h. In which the subject of the service is sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery.
i. Involving the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements.
j. Concerning the delivery of digital content not stored on a physical medium, if the performance of the service commenced with the explicit consent of the Consumer before the expiration of the withdrawal period and after the Seller informed them of the loss of the right of withdrawal from the Agreement.

§ 11 Complaint and warranty

1. The Sales Contract covers new Products.

2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.

3. A complaint should be submitted in writing or electronically to the addresses provided by the Seller in this Regulation.

4. The Seller will respond to the complaint request immediately, no later than within 14 days, and if they fail to do so within this period, it is considered that they have accepted the Customer’s request as justified.

5. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of this Regulations.

6. In case a warranty has been provided for the Product, information about it, as well as its content, will be included in the Product description in the Shop.

§ 12 Out-of-court ways of dealing with complaints and claim investigation

1. Detailed information regarding the possibility for the Consumer to use out-of-court complaint resolution mechanisms and claim enforcement, as well as the rules for accessing these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Trade Inspection Authorities, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.php. 2. The Consumer has the following exemplary options for using out-of-court complaint resolution mechanisms and claim enforcement: a. The Consumer is entitled to address a permanent consumer arbitration court, as referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller. b. The Consumer is entitled to address the Voivodship Inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller. c. The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also by using the free assistance of the district (city) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumers’ Federation, Polish Consumers Association).

§ 13 Personal Data in the Online Shop

1. The Seller, acting as the administrator, is responsible for collecting customers’ personal data within the online shop.

2. Customers’ personal data collected by the administrator via the online shop is gathered to fulfill the Sales Agreement. With the customer’s consent, it may also be used for marketing purposes.

3. Recipients of customers’ personal data from the online shop may include:
a. For customers opting for postal or courier delivery, the Administrator shares their personal data with the selected carrier or intermediary handling shipments.
b. For customers using electronic payment methods or payment cards, the Administrator shares their personal data with the selected entity managing these payments.

4. Customers retain the right to access and rectify their data.

5. While providing personal data is optional, failure to provide the necessary personal data as specified in the Regulations for concluding the Sales Agreement will result in the inability to finalize said agreement.

§ 14 Final provisions

1. Agreements concluded through the online store are made in Polish.

2. The Seller reserves the right to amend the Terms and Conditions for valid reasons, such as changes in legal regulations, payment methods, and delivery methods, to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any changes at least 7 days in advance.

3. Matters not regulated in these Terms and Conditions shall be governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the provision of electronic services; the Consumer Rights Act; the Personal Data Protection Act.

4. The Customer has the right to use out-of-court complaint and redress methods. To achieve this, they can file a complaint through the European Union’s online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/. Information regarding the online dispute resolution system based on Article 14(1) of the ODR Regulation (Online Dispute Resolution): The European Commission provides consumers with the opportunity to resolve disputes in online trading in accordance with Article 14(1) of the ODR Regulation (Online Dispute Resolution) on one of the platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a place where consumers can try to reach out-of-court agreements in disputes arising from online purchases and service contracts.