Terms and Conditions

PEPITA.PL ONLINE STORE

§1

General Provisions

 

  1. The PEPITA online store, available at pepita.pl, is operated by Piotr Jakubowski – an entrepreneur trading as Pepita Piotr Jakubowski, whose business activity is registered in the Central Register and Information on Economic Activity (CEIDG), Tax ID (NIP) 6762128049, Statistical ID (REGON) 121426142.
  2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and set out the rules of using the online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
  3. Every user of the Store may access these Terms and Conditions at any time by clicking the “Terms and Conditions” link on the Store’s website, and may also save them to a storage medium of their choice.

 

§2

Definitions

 

  1. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
  2. Seller – a natural person conducting business activity trading as Pepita Piotr Jakubowski, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, Tax ID (NIP) 6762128049, Statistical ID (REGON) 121426142.
  3. Customer – any entity making purchases through the Store.
  4. Entrepreneur – a natural person, legal person, or organisational unit without legal personality to which a separate statute grants legal capacity, conducting business activity in its own name, which uses the Store.
  5. Store – the online store operated by the Seller at pepita.pl.
  6. Distance contract – a contract concluded with the Customer within an organised system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment the contract is concluded.
  7. Terms and Conditions – these terms and conditions of the Store.
  8. Order – the Customer’s declaration of intent made by means of the Order Form and aimed directly at concluding a Sales Agreement for one or more Products with the Seller.
  9. Order Form – an interactive form available in the Store enabling the Customer to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  10. Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible and which also enables the determination and modification of Order data, in particular the quantity of Products.
  11. Product – a movable item available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.
  12. Sales Agreement – a product sales agreement concluded or to be concluded between the Customer and the Seller via the online Store. The Sales Agreement is also understood to mean – as appropriate for the characteristics of the Product – a service agreement and a contract for a specific work.

 

§3

Contact with the Store

 

  1. Seller’s address: Pepita, ul. Szewska 21, 31-009 Kraków, Poland
  2. Seller’s e-mail address: sklep@pepita.pl
  3. Seller’s bank account number: 31 1030 0019 0109 8530 0029 9974
  4. The Customer may communicate with the Seller using the addresses provided in this section.
  5. The Customer may contact the Seller at the above address between the hours of 12:00 and 18:00.

 

§4

Technical Requirements

 

To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:

  1. a device with access to the Internet and a web browser such as Internet Explorer, Firefox, Safari, Opera, or Chrome,
  2. an active e-mail account,
  3. cookies enabled.

§5

General Information

 

  1. Browsing the Store’s assortment does not require creating an Account. The Customer may place orders for Products available in the Store without creating an account or registering, by providing the personal and address data necessary for Order fulfilment.
  2. Prices shown in the Store are quoted in Polish zloty (PLN) and are gross prices (including VAT).
  3. The final (total) amount to be paid by the Customer consists of the price of the Product and the delivery cost (including transport, delivery and postal charges), of which the Customer is informed on the Store’s pages during the order process, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.
  4. When the nature of the subject of the Agreement does not, reasonably assessed, allow for the prior calculation of the final (total) price, information on the manner in which the price will be calculated, as well as on transport, delivery and postal charges and other costs, will be provided in the Store in the Product description.

 

§6

Order Placement Rules

 

To place an Order, the Customer must:

  1. select the Product that is the subject of the Order and then click the “Add to Cart” button (or equivalent),
  2. use the option to place an Order without registration,
  3. fill in the Order Form by entering the recipient’s data and the address to which the Product is to be delivered, select the type of shipment (method of Product delivery), and enter invoice data if different from the recipient’s data,
  4. click the “Place order and pay” button,
  5. select one of the available payment methods and, depending on the payment method, pay for the order within the specified time limit, subject to §8 point 3.

 

§7

Available Delivery and Payment Methods

 

  1. The Customer may use the following delivery or collection methods for ordered Products:
    1. courier delivery by InPost, DPD, or FedEx.
  2. The Customer may use the following electronic payment methods:
    1. BLIK,
    2. payment card,
    3. instant bank transfer to the Seller’s account,
    4. SEPA direct debit.
  3. Detailed information on delivery methods and accepted payment methods can be found on the Store’s pages.
  4. Payments are processed by:
  • CashBill S.A. with its registered office in Katowice at ul. Sobieskiego 2, postal code: 40-082, KRS (National Court Register): 0000323297,
  • PayPro SA with its registered office in Poznań at ul. Pastelowa 8, postal code 60-198, Poland, KRS: 0000347935.

 

§8

Execution of the Sales Agreement

 

  1. Information about Products in the Store, including descriptions and prices, constitutes an invitation to conclude a sales agreement within the meaning of Article 71 of the Polish Civil Code, in accordance with the provisions of these Terms and Conditions.
  2. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has previously placed an Order using the Order Form in the online Store in accordance with §6 of these Terms and Conditions.
  3. After placing an Order, the Seller shall promptly confirm its receipt and simultaneously accept the Order for processing. Confirmation of receipt and acceptance of the Order for processing is made by the Seller sending the Customer an appropriate e-mail to the e-mail address provided during the ordering process, containing at least the Seller’s statements regarding receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
  4. If the Customer chooses:
    1. payment by bank transfer, electronic payment or payment card, the Customer is required to make payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be cancelled.
  5. The Product will be shipped by the Seller within the time specified in the Product description (subject to paragraph 6 of this section), in the manner selected by the Customer when placing the Order.
  6. In the case of ordering Products with different delivery times, the delivery time shall be the longest specified time.
  7. The start of the Product delivery time to the Customer is calculated as follows:
    1. if the Customer chooses payment by bank transfer, electronic payment or payment card – from the date the Seller’s bank account is credited.
  8. In the case of ordering Products with different collection readiness times, the Customer may collect the Products in parts (according to their readiness for collection) or collect all Products after the entire order has been assembled.
  9. The start of the Product collection readiness time for the Customer is calculated as follows:
    1. if the Customer chooses payment by bank transfer, electronic payment or payment card – from the date the Seller’s bank account is credited,
    2. delivery of the Product takes place exclusively within the European Union, including Poland,
    3. delivery of the Product takes place within the United Kingdom,
    4. delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The costs of Product delivery (including transport charges) are indicated to the Customer on the online Store’s pages in the “Delivery costs” tab and during the order placement process, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.

 

§9

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 begins 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 an Agreement covering multiple Products which are delivered separately, in batches or in parts, the period referred to in paragraph 1 runs from the delivery of the last item, batch or part.
  4. The Consumer may withdraw from the Agreement by submitting a withdrawal statement to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
  5. The statement may be sent by traditional post or electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are set out in §3. The statement may also be made on the form, a template of which constitutes Appendix No. 1 to these Terms and Conditions and an appendix to the Act of 30 May 2014 on Consumer Rights, although this is not obligatory.
  6. If the Consumer sends the withdrawal statement electronically, the Seller shall promptly send the Consumer a confirmation of receipt of the withdrawal statement to the e-mail address provided by the Consumer.
  7. Effects of withdrawal from the Agreement:
    1. in the event of withdrawal from a distance contract, the Agreement is deemed not to have been concluded,
    2. in the event of withdrawal from the Agreement, the Seller shall refund to the Consumer without delay, and no later than 14 days from the date of receipt of the Consumer’s withdrawal statement, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller,
    3. the Seller shall make the refund using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that does not involve any cost to the Consumer,
    4. the Seller may withhold the refund until the Product is returned or until proof of its return is provided, whichever event occurs first,
    5. the Consumer should return the Product to the Seller’s address given in these Terms and Conditions without delay, no later than 14 days from the date on which the Consumer informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the 14-day period expires,
    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 cannot be returned by regular post,
    7. the Consumer is only liable for any diminished value of the Product resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the Product,
    8. in the event that, due to the nature of the Product, it cannot be returned by regular post, information about this and the costs of returning the Product will be included in the Product description in the Store.
  8. The right to withdraw from a distance contract does not apply to the Consumer in respect of an Agreement:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy the Consumer’s individualised needs,
    2. in which the subject of the service is an item delivered in a sealed package which, after opening, cannot be returned for health protection or hygiene reasons if the package was opened after delivery,
    3. in which the subject of the service is an item which deteriorates rapidly 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 commencement of the service that, after the Seller has performed the service, the Consumer 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 expiry of the withdrawal period,
    6. in which the subject of the service is items which, after delivery, due to their nature, become inseparably connected with other items,
    7. in which the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
    8. in which the subject of the service is sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery,
    9. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
    10. for the delivery of digital content which is not supplied on a tangible medium, if performance has begun with the Consumer’s express consent before the expiry of the withdrawal period and after the Consumer has been informed by the Seller of the loss of the right to withdraw from the Agreement.

§10

Complaints and Warranty

 

  1. The Sales Agreement covers new Products.
  2. The Seller is obliged to deliver to the Customer an item free from defects.
  3. In the event of a defect in a Product purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty (rękojmia) in the Polish Civil Code.
  4. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions, or by using the electronic complaint form made available by the Seller on one of the Store’s subpages.
  5. It is recommended that the complaint includes, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the Product.
  6. The Seller shall respond to the complaint without delay, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to a request for a price reduction, replacement with a new defect-free product, or free repair within 14 days, the Customer’s request is deemed to have been accepted.
  7. Products returned under the complaint procedure should be sent to the address given in §3 of these Terms and Conditions.
  8. If a warranty has been granted for a Product, the information about it and its content will be included in the Product description in the Store. The Seller will also attach a warranty card or other document confirming the warranty to the sold Product.

§11

Out-of-Court Complaint Handling and Redress

 

  1. Detailed information regarding the Consumer’s options for using out-of-court complaint handling and redress procedures, and the rules of access to these procedures, are available at the offices and on the websites of county (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection (UOKiK):
    1. http://www.uokik.gov.pl/spory_konsumenckie.php
    2. http://www.uokik.gov.pl/sprawy_indywidualne.php
    3. http://www.uokik.gov.pl/wazne_adresy.php
  2. The Consumer has the following examples of out-of-court complaint handling and redress options:
    1. The Consumer is entitled to apply to a permanent consumer arbitration court 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 resolve a dispute arising from the Agreement concluded with the Seller.
    2. The Consumer is entitled to apply to the voivodeship 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 an amicable resolution of the dispute between the Consumer and the Seller.
    3. The Consumer may obtain free assistance in resolving a dispute between them and the Seller, including by using the free assistance of a county (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumers’ Federation, the Polish Consumers’ Association).

 

§12

Personal Data in the Online Store

 

  1. The controller of the personal data of Customers collected through the online Store is the Seller.
  2. Personal data of Customers collected by the controller through the online Store are collected for the purpose of performing the Sales Agreement, and if the Customer consents – also for marketing purposes.
  3. Recipients of the personal data of Customers of the online Store may include:
    1. In the case of a Customer who uses postal or courier delivery in the online Store, the Controller provides the collected personal data of the Customer to the selected carrier or intermediary performing deliveries on behalf of the Controller.
    2. In the case of a Customer who uses electronic payment or payment card methods in the online Store, the Controller provides the collected personal data of the Customer to the selected entity handling the above payments in the online Store.
  4. The Customer has the right to access their data and to have them corrected.
  5. The provision of personal data is voluntary; however, failure to provide the personal data indicated in the Terms and Conditions that are necessary for the conclusion of a Sales Agreement results in the inability to conclude such an agreement.

 

§13

Information Regarding Services Provided Electronically

 

  1. The Store provides the following services to Customers electronically:
    1. enabling the conclusion of distance (i.e. online) sales agreements for products in the Store in accordance with these Terms and Conditions,
    2. enabling the creation of an Account in the Store,
    3. sending requested commercial information regarding Products.
  2. The Customer is entitled to withdraw from sales agreements for Products in accordance with the relevant provisions of law and on the terms set out in these Terms and Conditions (§9 of the Terms and Conditions). Furthermore, the Customer is entitled at any time to request the Store to cease providing the services referred to in point 1(b) and (c) above.
  3. The technical conditions for the provision of services by the Store electronically are as follows:
    1. access to the Internet,
    2. use of a web browser capable of editing hypertext documents,
    3. possession of an e-mail address enabling electronic correspondence.
  4. Complaints concerning services provided by the Store electronically may be submitted by sending a complaint to the e-mail address of pepita.pl. The Customer’s complaint should include the identification of the service recipient and a brief description of the subject of the complaint. The Store shall consider complaints submitted as soon as possible, but no later than 14 days from the date of receipt of the complaint by the Store. The Customer will be notified of the outcome of the complaint, at the Customer’s choice, by telephone or by a message sent to the e-mail address provided by the Customer.
  5. The Seller informs that, depending on the Customer’s web browser settings, it may place cookies in the Customer’s ICT system which are not a component of the content of the services provided by the Store, and which enable the subsequent identification of the Customer visiting the Store’s pages and are used by the Store to facilitate the Customer’s use of the Store, as well as to monitor Customer traffic on the Store’s pages. The Customer may at any time disable the Store’s use of cookies through the appropriate settings in their web browser.

 

§14

Final Provisions

 

  1. Agreements concluded through the online Store are concluded in the Polish language.
  2. The Seller reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes in legislation, changes in payment and delivery methods – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any change at least 7 days in advance.
  3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on the Provision of Services by Electronic Means, the Act on Consumer Rights, and the Act on Personal Data Protection. The Customer has the right to use out-of-court complaint handling and redress procedures. For this purpose, the Customer may file a complaint via the EU online dispute resolution platform available at: http://ec.europa.eu/consumers/odr/.