Shop Regulations

§ 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 of Skeppi Tomasz Orzeszko, registered in the Central Register of Business Activity and Information (CEIDG) maintained by the minister responsible for economy, 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:

1. A terminal device with access to the Internet and a web browser such as Edge, Firefox, Chrome, Opera, Safari,
2. active electronic mail (e-mail) account,
3. cookies enabled,
4. FlashPlayer 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:
   1. Postal delivery
   2. Courier delivery
2. Klient może skorzystać z następujących metod płatności: 
   1. Payment by bank transfer to the Seller’s account
   2. Electronic payments
   3. 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 the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller’s statements about receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the aforementioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3. W przypadku wyboru przez Klienta: 
   1. payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
   2. payment in cash upon personal collection of the shipment, the customer is obliged to make 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.
   1. In the case of ordering Products with different delivery times, the delivery time is the longest specified deadline.
   2. 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.
5. Początek biegu terminu dostawy Produktu do Klienta liczy się w następujący sposób: 
   1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
   2. In the case of ordering Products with different readiness dates for pickup, the readiness date is determined by the longest specified date.
6. The delivery of the Product takes place within Europe, South America, North America, Asia, Africa, and Australia.
7. 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.
8. 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 period referred to in paragraph 1 shall start to run from the delivery of the Product to the Consumer or to a person designated by the Consumer other than the carrier.
3. In the case of a Contract which involves multiple Products which are delivered separately, in batches or in parts, the period referred to in paragraph 1 shall run from the delivery of the last item, batch or part.
4. In the case of a Contract which consists of the regular delivery of Products over a fixed period of time (subscription), the time limit indicated in paragraph 1 shall run from 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:
   1. In the case of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
   2. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
   3. The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
   4. The seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
   5. The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
   6. The Consumer shall bear 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 mail in the usual manner.
   7. The consumer shall be liable only for the diminished value of the Product resulting from the use of the Product other than what was necessary to ascertain the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be included in the description of the Product in the Store.
10. Prawo do odstąpienia od umowy zawartej na odległość nie przysługuje Konsumentowi w odniesieniu do Umowy: 
    1. in which the object of performance is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet his individualized needs,
    2. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery,
    3. in which the object of performance is an item that is perishable or has a short shelf life,
    4. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement,
    5. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the Contract,
    6. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things,
    7. in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
    8. 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,
    9. for the provision of daily newspapers, periodicals or magazines, except for a subscription contract,
    10. 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/spory_konsumenckie.php ; 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:
   1. 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.
   2. 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.
   3. A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).

§ 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. Odbiorcami danych osobowych Klientów Sklepu internetowego mogą być: 
   1. In the case of a Customer who uses postal or courier delivery method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
   2. In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
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 make use of out-of-court complaint and redress procedures. For this purpose, he can submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/. Information on online dispute resolution under Article 14(1) ODR (Online Dispute Resolution): The European Commission provides consumers with the possibility to resolve e-commerce disputes under Article 14(1) ODR (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.