Terms and conditions of the online shop

These Regulations set out the general conditions, rules and manner of sales conducted by PROJEKT KAWA spółka z ograniczoną odpowiedzialnością, based in Warsaw (02-495), Aleje Jerozolimskie 236, registered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000670491, REGON 36692079000000, NIP 5223087762, with a share capital of 5.000,00 (five thousand) zlotys, whose registration files are held by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, through the STORY COFFEE ROASTER online shop operating at www.storycoffee.pl (hereinafter referred to as "Online shop") and determines the terms and conditions for the provision by PROJEKT KAWA spółka z ograniczoną odpowiedzialnością based in Warsaw of free electronic services.

§ 1 Definitions

  1. Working days - means weekdays from Monday to Friday excluding public holidays.
  2. Supplier - means the courier company with which the Seller cooperates in carrying out the delivery of the Goods.
  3. Password - means a sequence of letter, digital or other characters chosen by the Customer during Registration in the Online Shop, used to secure access to the Customer's Account in the Online Shop.
  4. Customer - means the entity to whom, in accordance with the Terms and Conditions and the law, electronic services may be provided or with whom a Sales Contract may be concluded.
  5. Consumer - means a natural person who makes a legal transaction with a trader which is not directly connected with his trade or profession.
  6. Customer Account - means an individual panel for each Customer, launched on his/her behalf by the Seller, after the Customer has registered and concluded an agreement for the provision of the Customer Account service.
  7. Basket - means a service provided electronically; a form forming an integral part of the Shop's purchasing system in which the Customer specifies and approves the subject and conditions of the Order.
  8. Regulations - means these Terms and Conditions.
  9. Registration - means an actual action performed in the manner specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online Shop.
  10. Seller - means PROJEKT KAWA spółka z ograniczoną odpowiedzialnością, based in Warsaw (02-495), Aleje Jerozolimskie 236, registered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000670491, REGON 36692079000000, NIP 5223087762, with a share capital of PLN 5,000.00 (five thousand), whose registration files are held by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register.
  11. Shop Website - means the websites under which the Seller operates the Online Shop, operating on the domain www.storycoffee.pl.
  12. Merchandise - means a product presented by the Seller via the Store's Website which may be the subject of a Sales Contract.
  13. Durable media - means any material or device enabling the Customer or the Vendor to store information addressed personally to the Customer or the Vendor in a way accessible for future reference for a period of time adequate to the purposes of the information and which allows the unchanged reproduction of the information stored.
  14. Sales contract - means a distance contract of sale, on the terms and conditions set out in the Terms and Conditions, between the Customer and the Seller.

§ 2 General provisions and use of the Online Shop

  1. These Terms and Conditions define the rules for using the On-line shop, in particular the conditions for placing an Order and modifying it, creating and maintaining an Account, making payments, making deliveries, filing complaints, as well as other rights and obligations of the Customer and the Seller. A person wishing to use the services of the Shop must read these Terms and Conditions beforehand.
  2. The Seller retails Goods through the Shop. The Shop also makes available to each Customer free of charge services provided electronically 24/7 all days of the year. These services are: the Order form, the Basket, the Newsletter, the product search engine, the display of Comments and the evaluation of the Goods.
  3. The Seller shall endeavour to make the use of the Online Shop possible for Internet users using all popular Internet browsers, operating systems, device types and Internet connection types.
  4. The Seller uses a mechanism of "cookies" files, which are saved by the Seller's server on the hard drive of the Customer's final device when the Customers use the Shop's Website. The use of cookies is aimed at the proper operation of the Shop's Website on Customers' terminal devices. This mechanism does not damage the Customer's terminal equipment and does not cause any configuration changes to the Customer's terminal equipment or the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of their terminal device. The Seller points out that disabling "cookies" may, however, cause difficulties or make it impossible to use the Shop's Website.
  5. In order to place an order in the Online Shop via the Shop's Website or by e-mail and to use the services available on the Shop's Websites, it is necessary for the Customer to have an active e-mail account.
  6. The Customer is obliged not to provide unlawful content or use the Shop in a way that disturbs its operation or inconveniences the Seller and other Customers.
  7. The Seller declares that the use of services provided electronically may be associated with the risk of obtaining and modifying the Customers' data by unauthorised persons, therefore the Customers should use appropriate technical and organisational measures to minimise the aforementioned risks. The Seller shall never ask the Customer to provide the Password in any form.

§ 3 Registration

  1. In order to create a Customer Account, the Customer is obliged to register free of charge.
  2. To Register, the Customer should fill in the registration form made available by the Seller on the Shop's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets his/her individual Password.
  3. When completing the registration form, the Customer has the opportunity to read the Terms and Conditions by accepting their content by ticking the appropriate box on the form.
  4. After submitting the completed registration form, the Client immediately receives a confirmation of the Registration by the Seller via e-mail to the address provided in the registration form. At this moment, the agreement on electronic provision of the service of maintaining the Customer's Account is concluded, and the Customer gains the possibility to access the Customer's Account and make changes to the data provided during the Registration.

§ 4 Procurement

  1. The information contained in the Internet Shop is not an offer within the meaning of the Act of 23 April 1964. - Civil Code, but constitute an invitation to submit offers by Customers.
  2. Customers who do not have the status of a registered user of the Online Shop may also place Orders.
  3. The customer can place orders in the Online Shop via the Shop's Website 7 days a week, 24 hours a day.
  4. The Customer draws up the Order by virtually adding the Goods to the Basket. Successful addition causes the indicator of the Goods on the Order list to change in the Basket tab, which can be freely modified.
  5. After confirming the selection of the Goods, the Customer indicates in the Order form the form of shipment of the Order, the form of payment and the address and data for shipment. Once the Order is completed, the Customer approves it and sends it to the Seller by activating the "Order" button.
  6. Each time, before the Order is sent to the Seller, a summary of the Order is indicated to the Customer for confirmation purposes, i.e. the total price and details of the Order.
  7. During the process of placing the Order, until the "Pay" button is activated, it is possible for the Customer to detect and correct errors in the Order and modify it, through the Store's sales system. After this point, the Customer may modify the Order, in particular correct errors in the data entered, until the shipment of the Goods is sent by contacting the Seller directly and without delay.
  8. By placing an Order, the Customer makes an offer to the Seller to conclude a Sales Contract for the Goods of his/her choice, on the terms and conditions indicated by him/her in the Order. The conclusion of the Sales Agreement is effected by the Seller's acceptance of this offer at the moment of the Customer's receipt of confirmation of the terms and conditions of the Order, sent in an e-mail by the Seller to the e-mail address provided by the Customer in the Order.
  9. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer via the Shop's sales system, including in the Customer's Account, and is sent to the Customer's e-mail address provided by the Customer when placing an Order. The Customer who has placed an Order and received a statement of acceptance of the offer by the Seller shall be sent an electronic document confirming the conclusion of the Agreement together with its content, in the manner indicated in the preceding sentence.
  10. The Order Processing Time is up to 5 Business Days. Order processing starts after:
    • a. payment on delivery - upon conclusion of the Sales Contract,
    • b. bank transfer - after the payment has been credited by the Seller,
    • c. payment via PayU - after confirmation received by the Seller from the payment operator.

§ 5 Prices and Payments

  1. The prices displayed on the Shop website are gross prices (including all duties and taxes, including VAT), expressed in Polish zloty. The prices of Goods do not include delivery costs.
  2. The total price of the Order is calculated according to the choices made by the Customer on the Order form, in accordance with the rates indicated therein. The binding price is indicated to the Customer in the summary of the Order when it is sent to the Seller.
  3. The customer can choose one of the following forms of payment:
    • a. transfer to the Seller's bank account;
    • b. payment on delivery;
    • c. electronic payment through an external payment system PayU SA, with its registered seat in Poznan (60-166), at 182 Grunwaldzka Street, entered into the register of entrepreneurs kept by the District Court in Poznan - Nowe Miasto and Wilda in Poznan, 8th Economic Department of the National Court Register under the KRS number 0000274399; NIP: 7792308495.
  4. If the Customer chooses the form of payment referred to in section 3 items a or c, the Customer shall be obliged to pay for the Order within 3 days from the conclusion of the Sales Agreement at the latest.
  5. A sales document in the form of a named invoice, or a VAT invoice at the Customer's request, shall be issued for each Goods sold. The sales document constitutes confirmation of the essential elements of the Order placed.
  6. Prices quoted in the Shop may be subject to change (in particular as part of a promotional campaign or a sale of Goods), provided that the terms and conditions of the Order may not be changed in relation to a Customer who has made an offer in the manner indicated above, prior to the price change.

§ 6 Delivery

  1. Orders are carried out in the Republic of Poland, unless the parties to the Sales Contract agree otherwise.
  2. Deliveries are made by the method chosen by the Customer, provided that the Customer may choose one of the following forms of delivery for the Order:
    • a. via courier (cash on delivery and prepayment);
    • b. via Parcel Post InPost (cash on delivery and prepaid);
    • c. personal collection at the following address: Story Coffee Roaster, 236 Jerozolimskie Avenue, 02-495 Warsaw.
  3. The cost of shipping is paid by the Customer. This cost is calculated on the basis of the delivery prices indicated on the Order form and the delivery option selected by the Customer. After the Customer has made these selections, these costs shall be added to the amount of the Order in the summary.
  4. The Goods are sent to the address indicated in the Order form. The Seller will contact the Customer immediately if a wrongly filled form prevents the effective delivery of the Order.
  5. The delivery time of an Order in the territory of the Republic of Poland is up to 7 Business Days, calculated from the moment the Order is completed and shipped by the Seller.
  6. If, prior to delivery of the consignment, it is found that it has suffered a loss or damage, the carrier is obliged to establish the condition of the consignment and the circumstances of the damage immediately by protocol. The carrier should also do this at the request of the Customer if the Customer claims that the consignment is damaged. The risk of accidental loss of or damage to the Goods shall pass to the Customer as soon as the Goods are handed over to him.

§ 7 Complaints

  1. The Seller is obliged to deliver Goods without defects to the Customer. The Seller is liable to the Consumer if the Goods have a physical or legal defect (warranty). If the Goods have a defect, the Consumer may make a declaration to reduce the price or withdraw from the Sales Agreement, or demand replacement of the defective Goods with defect-free Goods or removal of the defect.
  2. The warranty shall apply only to Consumers. The parties, the Customer who is not a Consumer and the Seller, exclude the warranty for defects between themselves.
  3. Warranty claims should be submitted to: Story Coffee Roaster, 236 Jerozolimskie Avenue, 02-495 Warsaw. In order to facilitate the complaint procedure, the Goods complained about should be delivered together with the proof of purchase and the complaint notification (i.e. the indication of the person making the complaint, the request to settle the complaint and the indication of the defect in the Goods).
  4. The Seller will respond to the Consumer's request within 14 (fourteen) days. The Seller shall notify the Consumer of the complaint processing and its outcome in a message sent to the address provided by the Consumer in the complaint.
  5. The complaint procedure applies respectively to services provided electronically by the Seller. Complaints about services can also be submitted to the Seller's e-mail address: info@storycoffee.pl.

§ 8 Guarantee

  1. Goods sold by the Seller may be covered by a warranty provided by the manufacturer of the Goods or a distributor.
  2. In the case of Goods covered by a guarantee, information on the existence and content of the guarantee is presented each time on the Shop's Website.

§ 9 Withdrawal from the Sales Contract

  1. A consumer who has concluded a distance contract may withdraw from it without stating a reason by making a statement to that effect in writing within 14 (fourteen) days from the date:
    • (a) for a Sales Contract, from taking possession of the Goods by the Consumer or a third party other than the carrier designated by the Consumer;
    • (b) for other contracts, from the date of conclusion of the contract.
      If the Consumer has made a declaration of withdrawal before the Seller has accepted his offer, the offer shall cease to be binding.
  2. It is sufficient to send the declaration before the expiry of this deadline. The Customer may make use of the model withdrawal declaration which is attached to these Terms and Conditions and which accompanies the Order. It is not obligatory for the Customer to use this template.
  3. In the event of withdrawal, the Seller shall reimburse to the Consumer all payments received, including the costs of delivery of the item (except for the additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary means of delivery offered), immediately and in any event not later than 14 (fourteen) days from the day on which the Seller is informed of the decision to exercise the right to withdraw from this Agreement.
  4. The consumer is obliged to return the Goods to the Seller immediately, but no later than 14 (fourteen) days from the date on which he or she has withdrawn from the contract. To meet the deadline it is sufficient to send the Goods back before its expiry.
  5. The consumer shall be liable for any diminution in the value of the Goods resulting from use beyond that which is necessary to ascertain the nature, characteristics and functioning of the Goods.
  6. The right of withdrawal does not apply to the Consumer in relation to the contracts indicated in Article 38 of the Act of 30 May 2014. on consumer rights, in particular contracts: in which the subject of performance is an item supplied in a sealed package, which after opening the package cannot be returned for health protection or hygienic reasons, if the package has been opened after delivery, for the provision of services, if the entrepreneur has performed the service in full with the express consent of the Consumer, who was informed before the start of the performance that after the performance by the entrepreneur will lose the right to withdraw from the contract, in which the subject of performance is a non-fabricated item, produced to the consumer's specifications or serving to satisfy his individual needs, in which the subject of the performance is an item which after delivery is, by its nature, inseparably combined with other items, for the supply of digital content which is not recorded on a tangible medium, if the performance has begun with the consumer's express consent before the end of the period for withdrawal and after the trader has informed him of the loss of the right of withdrawal.
  7. The direct costs of sending the Goods back to the Seller in the situation of withdrawal from a distance contract shall be borne by the Consumer.

§ 10 Rules regarding the use of discount codes

  1. The discount code entitles you to a discount (rebate) in the amount indicated by the online shop storycoffee.co.uk. The shop reserves the right to change the terms and conditions of the promotion at any time. Discount codes have specific expiry dates. After these expire, the codes cannot be used.
  2. The promotional offer in the form of discount codes applies only to customers storycoffee.co.ukwho, during the promotional period, entered a correct code in the "Discount Code" field and confirmed it with the "Add Code" button when placing an order. Entering the discount code in the field will reduce the value of the ordered goods by the percentage or monetary value of the discount code given to the Customer.
  3. The discount code can only be used when purchasing goods not covered by other promotions. Discount Codes do not combine, do not add up to each other, and cannot be used when purchasing products covered by other promotions (unless the terms and conditions of the promotion state otherwise). Only one Discount Code can be used per order.

§ 11 Free of charge services

  1. The Seller provides services to Customers, by electronic means, free of charge:
    1. Contact form;
    2. Maintenance of the Customer Account;
    3. Posting of opinions;
    4. Newsletter subscription.
  2. The services specified in § 11 (1) are provided 7 days a week, 24 hours a day.
  3. The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Customers in a manner appropriate for changing the Terms and Conditions.
  4. The Contact Form service consists of sending a message to the Seller using a form on the Store's Website.
  5. Cancellation of the free of charge Contact Form service is possible at any time and consists of ceasing to send enquiries to the Seller.
  6. The Customer Account Service is available after registration according to the rules described in the Terms and Conditions and consists of providing the Customer with a dedicated panel within the Shop's Website, enabling the Customer to modify the data he/she provided during Registration and to track the status of orders and the history of orders already completed.
  7. A Customer who has registered may submit a request to the Seller to delete the Customer Account, whereby if the Seller requests the deletion of the Customer Account, it may be deleted up to 14 days after the request.
  8. The Opinion Posting Service consists of enabling the Seller, Customers who have an Account, to publish on the Shop's Website individual and subjective statements made by the Customer concerning the Goods in particular.
  9. Cancellation of the posting service is possible at any time and consists of the discontinuation of the content posted by the Customer on the Shop's Website.
  10. The Newsletter subscription service is available after the Customer has performed the following actions:
    • (a) by ordering using the form available on the website www.storycoffee.pl and by providing your electronic mail (e-mail) address for the Newsletter service;
    • (b) acceptance of the Terms and Conditions and consent to the transmission of commercial information by means of electronic communication in relation to the Newsletter service;
    • (c) activating the 'Save Me' button;
    • (d) activation of the link sent to the e-mail address provided in the Newsletter form.
  11. As soon as the activation link sent to the Customer's e-mail address is used, a Newsletter service agreement is concluded between the Seller and the Customer for an indefinite period of time.
  12. The Customer may terminate the Newsletter service agreement at any time by deactivating the subscription. The Newsletter shall be unsubscribed by sending such declaration of intent to the following address info@storycoffee.pl or via the "I unsubscribe" button in the email. The contract will then be terminated.
  13. Consent to receive commercial information by means of electronic communication sent by the Seller is voluntary and may be withdrawn by the Customer at any time.
  14. The Seller shall be entitled to block the access to the Client's Account and free of charge services in case the Client acts to the detriment of the Seller, i.e. The Seller is entitled to block access to the Customer's Account and free services in the case of Customer's actions to the detriment of other Customers, i.e. advertising activity of another entrepreneur or product; activity consisting in posting content that is not related to the Seller's activity; activity consisting in posting false or misleading content, as well as in the case of Customer's actions to the detriment of other Customers, violation of the law or provisions of the Terms and Conditions by the Customer, and also when blocking access to the Customer's Account and free services is justified for security reasons - in particular: breaking security of the Store's Website by the Customer or other hacking activities. Blocking access to the Customer's Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer's Account and free services. The Seller shall notify the Customer of the blocking of access to the Customer's Account and free services by e-mail to the address provided by the Customer in the registration form.

§ 12 Liability of the customer with regard to content posted by the customer

  1. By posting content and making it available, the Customer is voluntarily distributing the content. The posted content does not express the views of the Seller and should not be equated with the Seller's business. The Vendor is not a content provider, but only an entity that provides adequate ICT resources for this purpose.
  2. The customer declares that:
    1. is entitled to use the author's economic rights, industrial property rights or related rights in - respectively - works, objects of industrial property rights (e.g. trademarks) or objects of related rights that comprise the content;
    2. the inclusion and disclosure of personal data, images and information concerning third parties within the scope of the services referred to in § 10 of the Terms and Conditions is legal, voluntary and with the consent of the persons concerned;
    3. agrees that the published content may be viewed by other Customers and the Seller, and authorises the Seller to use the content free of charge in accordance with these Terms and Conditions;
    4. consents to the development of works within the meaning of the Act on Copyright and Related Rights.
  3. The customer is not entitled to:
    1. to include in the use of the services referred to in § 11 of the Terms and Conditions personal data of third parties and to disseminate images of third parties without the legally required permission or consent of the third party;
    2. to include advertising or promotional content in the use of the services referred to in § 11 of the Terms and Conditions.
  4. It is forbidden for Customers, in the course of using the services referred to in § 11 of the Terms and Conditions, to post content which could, in particular:
    1. be posted in bad faith, e.g. with the intention of infringing the personal rights of third parties;
    2. infringe any third party rights, including those related to copyright protection and related rights, protection of industrial property rights, business secrets or those related to confidentiality obligations;
    3. be of an offensive or threatening nature towards other persons, or contain a vocabulary which offends against good morals (e.g. by using vulgarisms or expressions which are commonly regarded as offensive);
    4. conflict with the interests of the Seller, i.e. content that constitutes advertising material of another entrepreneur or product; content that is not related to the business of the Seller; false or misleading content;
    5. otherwise violate the provisions of these Terms and Conditions, good morals, applicable laws, social norms or customs.
  5. The Customer agrees that the Seller may use the content posted by the Customer as part of the Store's Website free of charge.

§ 13 Protection of personal data

The data protection principles are set out in the Privacy Policy.

§ 14 Final provisions

  1. The Seller shall be liable for non-performance or undue performance of the contract, but in the case of contracts concluded with Clients who are entrepreneurs, the Seller shall only be liable in the case of intentional damage and within the limits of the actual losses incurred by the Client who is an entrepreneur.
  2. In the event of a dispute arising from a concluded Contract of Sale, the parties shall seek to resolve the matter amicably. Polish law shall govern all disputes arising under these Terms and Conditions.
  3. The Seller shall inform the Customer who is a Consumer about the possibility to use out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available in the offices or on the websites of entities entitled to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Voivodship Inspectorates of Trade Inspection, the list of which is available at Office of Competition and Consumer Protection.
    The seller informs that at http://ec.europa.eu/consumers/odr/ a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available.
  4. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for fulfilment before the effective date of the new Terms and Conditions are realised on the basis of the Terms and Conditions that were in force on the day of placing the order by the Customer. Amendments to the Terms and Conditions shall come into effect within 7 days of their publication on the Store's Website.
  5. The regulations shall enter into force on 10.03.2020.
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