TERMS AND CONDITIONS

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

The Regulations define the rules and conditions for the provision of services by electronic means, including the use of the Store, and the rights, obligations and terms of liability of the Seller and the Customer. The Regulations also contain information that the Seller is obliged to provide to the Consumer in accordance with applicable regulations, including the Act of 30 May 2014 on consumer rights (Journal of Laws 2017, item 683, as amended).
Each Customer should familiarize themselves with the Regulations.
The Regulations are available on the Store's website and are also made available free of charge before concluding the agreement. At the Customer's request, the Regulations are also made available in a way that allows obtaining, reproducing and recording their content using the IT system used by the Customer (e.g. e-mail).
Basic definitions:
1. Regulations: Online Store Regulations; 2) Seller or Service Provider: SOFIJA Ewa Klepacz, Bursztynowa 7, 26-600 Radom, NIP: 9481525777, entered into the the Central Register and Information on Economic Activity under REGON number 670156418.
2. Customer or Service Recipient: a natural person who is over 18 years of age and has full legal capacity, a legal person and an organizational unit without legal personality, but which can acquire rights and assume obligations in its own name, which will establish a legal relationship with the Seller within the scope of the Store's activities. The Customer is also a Consumer, if there are no separate provisions in a given matter in relation to the Consumer;
3. Consumer: A Customer who is a natural person who enters into a legal transaction (purchase) with the Seller, not directly related to its business or professional activity;
4. Electronic Service - a service within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2017, item 1219, consolidated text, as amended), provided electronically by the Service Provider to the Customer via the Website;
5. Store or Online Store or Website: Electronic service, Online Store, run by the Seller at the Internet address http://www.sofija.pl, within which the Customer concludes a distance sales agreement, the parties are informed about the sale by automatically generated e-mail, and the performance of the agreement (in particular the delivery of the Goods) takes place outside the Internet;
6. Account – Electronic Service, marked with an individual name (login) and password provided by the Client, a set of resources in the Service Provider's IT system, in which data provided by the Client and information about activities within the Store are collected;
7. Goods or Product – goods sold in the Store, included in the Seller's offer;
8. Agreement – distance contract concerning the purchase of Goods, concluded as a result of the Client placing an Order in the Store and its acceptance by the Seller;
9. Form – a script constituting a means of electronic communication, enabling the placement of an Order in the Store or performing other activities in the Store;
10. Order – an order to purchase Goods submitted by the Client using technical means of communication;
11. Newsletter – Electronic Service, an electronic distribution service provided by the Service Provider via electronic mail (e-mail), which enables all Clients using it to automatically receive periodic messages (newsletters) from the Service Provider containing information about the Service, including new products or promotions in the Store.

CHAPTER 2. BASIC AND TECHNICAL INFORMATION

Seller's contact details for the Customer: address [ul. Bursztynowa 7, 26-600 Radom, Poland], e-mail address [sklep@sofija.pl], telephone number [+48 48 365 23 83].
The Seller offers the following types of Electronic Services:
1. Online Store,
2. Newsletter,
3. Opinion (commenting),
4. Account.
The Seller provides Electronic Services in accordance with the Regulations.
The technical condition for using the Store is that the Customer has a computer or other devices that allow browsing the Internet, appropriate software (including an Internet browser), Internet access and a current and active e-mail account.
The Customer is prohibited from providing content of an illegal nature.
Using the Store may involve threats typical of using the Internet, such as spam, viruses, hacker attacks. The Seller takes action to counteract these threats. The Seller indicates that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized persons obtaining or modifying Customer data, therefore Customers should use appropriate technical measures that will minimize the threats indicated above, including antivirus programs and programs protecting the identity of those using the Internet.
The agreement for the provision of Electronic Services is concluded via the Store via the Internet. The Customer may terminate the use of Electronic Services at any time by leaving the Store or by deleting the Customer's account. In such a case, the agreement for the provision of Electronic Services is terminated automatically without the need for additional declarations of the parties.
It is not possible to use the Store anonymously or using a pseudonym.

CHAPTER 3. PERSONAL DATA

The Seller processes personal data provided by Customers in accordance with applicable legal provisions, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 of 4.5.2016, hereinafter referred to as the "Regulation"). In particular:
1. The Seller ensures that these data are:
  1. processed in accordance with the law, reliably and in a transparent manner for Customers and other data subjects;
  2. collected for specific, explicit and legally justified purposes and not further processed in a manner incompatible with these purposes;
  3. adequate, relevant and limited to what is necessary for the purposes for which they are processed;
  4. correct and updated where necessary;
  5. stored in a form that allows the identification of the data subject for a period no longer than is necessary for the purposes for which the data is processed;
  6. processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational measures,
2. The Seller applies appropriate technical and organizational measures to ensure protection of the processed personal data appropriate to the nature, scope, context and purposes of processing and the risk of infringement of the rights or freedoms of natural persons;
3. The Seller provides access to personal data and the exercise of other rights to Customers and other data subjects, in accordance with the applicable legal provisions in this respect.
The basis for the processing of personal data is the consent of the Customers or the occurrence of another premise authorizing the processing of personal data in accordance with the Regulation.
The Seller guarantees the implementation of the rights of persons whose personal data are processed on the principles resulting from the relevant provisions, including the following persons:
1. the right to withdraw consent to the processing of personal data;
2. the right to information regarding their personal data;
3. the right to control the processing of data, including its supplementation, updating, rectification, deletion;
4. the right to object to the processing or to limit the processing;
5. the right to complain to the supervisory authority and to use other legal means to protect their rights.
A person who has access to personal data processes it only on the basis of the Seller's authorization or a personal data processing agreement and only on the Seller's instructions.
The Seller ensures that personal data is not made available to entities other than those authorized under the relevant provisions of law, unless required by European Union law or Polish law.

CHAPTER 4. ADDITIONAL INFORMATION

Account.
1. Registering an Account on the Store's website is free of charge and requires the following actions: The Customer should complete the registration form by providing specific data and submitting statements regarding acceptance of the Regulations, processing personal data, and providing commercial information. A link enabling Account verification will be sent to the Customer's e-mail address provided by them during the Account registration process. Logging in to the Account involves providing a login and password set by the Customer. The password is confidential and should not be shared with anyone.
2. The Account allows the Customer to enter or modify data, make or check Orders and view Order history.
3. The Account Electronic Service is provided free of charge for an indefinite period.
4. The Customer may resign from the Account in the Store at any time by sending an appropriate request to the Seller electronically to the e-mail address: [sklep@sofija.pl] or in writing to the Seller's address: [ul. Bursztynowa 7, 26-600 Radom, Poland].
The Newsletter.
1. The Newsletter service is intended to provide the Customer with the ordered information.
2. Using the Newsletter does not require the Customer to register an Account, but does require providing an e-mail address and submitting declarations regarding the acceptance of the Regulations, processing personal data, and providing commercial information.
3. A link confirming the Newsletter subscription will be sent to the Customer's e-mail address.
4. The Newsletter Electronic Service is provided free of charge for an indefinite period.
5. The Customer may unsubscribe from the Newsletter at any time by sending an appropriate request to the Seller electronically to the e-mail address: [sklep@sofija.pl] or in writing to the Seller's address: [ul. Bursztynowa 7, 26-600 Radom, Poland].
Opinions.
1. The Seller allows Customers to post individual and subjective statements (opinions, comments) of the Customer on the Store website, in particular regarding the Goods.
2. The service is provided free of charge for an indefinite period.
3. The service can be used anonymously.
4. The Seller may use the opinions for the purposes of content posted on the Website.

CHAPTER 5. SALES

Goods.
1. All Products offered in the Store are new and free from defects.
2. A detailed description of the Goods can be found on the Store website.
3. A guarantee or after-sales services may be provided for the Goods. Detailed information in this regard can be found in the description of the Goods.
Orders and their implementation
1. An order can be placed by filling in the Form, available in the Store.
2. Orders can be placed after registering an Account in the Store or without registering an Account in the Store (guest shopping).
3. The Customer is obliged to carefully fill out the Form, providing all data in accordance with the actual state and specifying the selected method of payment and delivery.
4. The Customer provides data in the Form and makes statements regarding the acceptance of the Regulations, processing of personal data, and providing commercial information.
5. Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays are processed the next business day.
6. The Customer confirms the placement of the Order by selecting the button (field) marked "Confirm order". The Seller will send the Customer an Order confirmation to the e-mail address provided by the Customer.
7. The order processing time (i.e. until the day of shipment of the Goods) is up to [10] business days.
Payments.
1. All prices of Goods given in the Store are gross prices in Polish zloty (prices include VAT). The price of the Goods does not include the costs referred to in point 2 below. The price of the Goods given at the time of placing the Order by the Customer is binding on both parties.
2. Costs related to the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs are borne by the Customer. The amount of these costs may depend on the Customer's choice of the method of delivery of the Goods. Information on the amount of these costs is provided at the stage of placing the Order.
3. The Customer may choose the form of payment:
  1. Payment cards: Visa and MasterCard
    1. The entity providing online payment services in the scope of payments by fast transfers is PayPro S.A.
    2. The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935, NIP 7792369887, Regon 301345068.
  2. payment via the external payment system Przelewy24 - current possible payment methods are available on the website: payment before shipment of the Goods (prepayment). After placing the Order, the Customer should make the payment via the electronic payment system. The Order is fulfilled after the Customer's payment is recorded in the electronic payment system;
  3. payment upon receipt of the Goods (cash on delivery) - the customer pays the amount due directly upon receipt of the Goods from the courier. The order is fulfilled after the Order is accepted;
  4. traditional transfer - payment before the Goods are shipped (prepayment). After placing the Order, the Customer should pay/transfer the amount due to the Store's bank account. The Order is fulfilled after the Customer's payment is posted to the Store's bank account:
    1. BANK PEKAO S.A., RADOM BRANCH, Marszałka Józefa Piłsudskiego 15, 26-600 Radom, Poland, bank account number EUR: IBAN: PL 06 1240 3259 1978 0010 9010 2856.
  5. For each sold Product, the Store issues a proof of purchase and delivers it to the Customer, provided that the provisions of generally applicable law require delivery.
  6. The Customer is obliged to pay within [7] days from the date of conclusion of the sales agreement. If the Customer does not make the payment within this period, then - in accordance with art. 491 § 1 of the Civil Code (Journal of Laws 2017.459, consolidated text, as amended) - the Seller will set the Customer an additional deadline for payment, after which, if it expires without effect, the Customer will be entitled to withdraw from the agreement. If the Customer declares that they will not fulfill the service, the Seller may withdraw from the contract without setting an additional deadline, also before the specified deadline for fulfilling the service arrives.
Delivery
1. The Product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.
2. The Product is delivered by courier or by postal operator at the Customer's choice. A parcel sent by postal operator should be delivered within [5] business days from the date of shipment of the Goods, while a parcel sent by courier - within [2] business days from the date of shipment of the Goods.
3. The Customer may collect the Goods in person at [ul. Bursztynowa 7, 26-600 Radom].
4. Together with the Goods, the Seller issues to the Customer all elements of its equipment and operating and maintenance instructions and other documents required by the provisions of generally applicable law.

The Seller indicates that:
- upon the release of the Goods to the Customer or carrier, the benefits and burdens associated with the Goods and the risk of accidental loss or damage to the Goods are transferred to the Customer. In the case of sale to the Consumer, the risk of accidental loss or damage to the Goods is transferred to the Consumer upon the release of the Goods to the Consumer. The release of the Goods is considered to be their entrustment by the Seller to the carrier, if the Seller had no influence on the Consumer's choice of carrier,
- the acceptance of the shipment with the Goods by the Customer without reservations results in the expiration of claims for loss or damage in transport, unless:
  - the damage was confirmed in a protocol before the acceptance of the shipment;
  - such a finding was omitted due to the fault of the carrier;
  - the loss or damage resulted from the carrier's wilful misconduct or gross negligence; 4. d) the authorized person found damage that was not visible from the outside after accepting the shipment and requested to determine its condition within 7 days and proved that the damage occurred between accepting the shipment for transport and its release.

Additional information for the Consumer
- The Agreement is not concluded for an indefinite period and will not be subject to automatic extension.
- The minimum duration of the Consumer's obligations resulting from the Agreement is the time of performance of the Agreement, i.e. payment and receipt of the Goods.
- The use of the Store by the Consumer is not connected with the obligation to pay a deposit or provide other financial guarantees.
- The Seller is not obliged to and does not apply the code of good practices referred to in art. 2 item 5 of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws 2016.3, as amended).

CHAPTER 6. LIABILITY

The Seller is liable to the Consumer if the Goods have a physical or legal defect (warranty) on the principles specified in the provisions of the Civil Code (Journal of Laws 2017.459, consolidated text, as amended) and in the Act of 30 May 2014 on consumer rights (Journal of Laws 2017.683, consolidated text, as amended), including the following principles:
1. a physical defect consists in the non-conformity of the Goods with the contract. In particular, the Goods are non-conforming with the contract if:
  1. The Goods do not have the properties that a thing of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use;
  2. The Goods do not have the properties of which the Seller assured the Consumer; 3. c) The Goods are not suitable for the purpose of which the Consumer informed the Seller when concluding the contract, and the Seller did not raise any objection to such purpose;
2. The Goods were delivered to the Consumer in an incomplete state.
3. The Goods have a legal defect if the Goods are the property of a third party or if they are encumbered with the right of a third party, and also if the restriction on the use or disposal of the Goods results from a decision or ruling of the competent authority; in the event of the sale of the right, the Seller is also responsible for the existence of the right;
4. The Seller is liable under the warranty for physical defects that existed at the time of transfer of the risk to the Consumer or resulted from a cause inherent in the Goods at the same time.
5. The Seller is released from liability under the warranty if the Consumer knew about the defect at the time of concluding the contract; 5) if a physical defect is found before the expiry of one year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time of transfer of the risk to the Consumer;
6. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the date of delivery of the Goods to the consumer, and if the Goods purchased by the Consumer are used movable goods, the Seller is liable under the warranty if the physical defect is found before the expiry of one year from the date of delivery of the Goods;
7. The Consumer's rights under the warranty are:
  1. requesting a reduction in the price of the Goods or withdrawal from the contract, unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective item with a defect-free item or removes the defect;
  2. The Consumer may, instead of the removal of the defect proposed by the Seller, request the exchange of the Goods for a defect-free one or, instead of replacing the item, request the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the item free from defects, the type and significance of the identified defect are taken into account, as well as the inconvenience to which the Consumer would be exposed by another method of satisfaction;
  3. The Consumer who exercises the rights under the warranty is obliged to deliver the defective item at the Seller's expense to the place specified in the contract, and if such a place is not specified in the contract - to the place where the item was issued to him.

CHAPTER 7. COMPLAINT HANDLING PROCEDURE

The Customer should submit complaints to the Seller in writing to the following address e-mail: [sklep@sofija.pl] The Customer may use the complaint template available in the Store, but this is not a condition for considering the complaint.
In the event that the shipment with the Goods is found to be tampered with, has suffered a loss or damage, the Customer should immediately (no later than within 7 days from the date of receipt of the shipment) file a complaint with the Seller. Such action will enable the pursuit of claims against the carrier. This is not a condition for considering the complaint.
The complaint should include a detailed description of the problem and the Customer's request, possibly also photographic documentation.
The Seller undertakes to consider the complaint within 14 days. If the Seller does not respond to the Consumer's complaint within 14 days, it is considered that it has considered it justified.
If the complaint is accepted, the Seller will take appropriate action.
There is a possibility of using out-of-court methods of handling complaints and pursuing claims in legal relations with Consumers, including:
1. the possibility of resolving disputes electronically using the ODR platform (online dispute resolution), available at http://ec.europa.eu/consumers/odr/;
2. the possibility of conducting arbitration proceedings before a common court or an arbitration court or other bodies;
3. the possibility of conducting mediation proceedings with the participation of an independent mediator.

CHAPTER 8. WITHDRAWAL FROM THE AGREEMENT

Withdrawal from the Agreement by the Seller or the Customer may occur under the terms specified in the provisions of the Civil Code (Journal of Laws 2017, item 459, as amended).
The Consumer has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods.
Information on the Consumer's withdrawal from the Agreement is included in the instruction on the right of withdrawal, available on the Store's website.
The Consumer does not have the right to withdraw from the Agreement in relation to certain agreements, i.e.:
1. 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 provision that after the Seller has performed the service, he will lose the right to withdraw from the Agreement;
2. 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 deadline for withdrawal from the Agreement expires;
3. where the Goods are non-prefabricated items manufactured according to the Consumer's specifications or designed to meet their individual needs;

The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract, return the payment made by him to the Consumer. The Seller shall return the payment using the same method of payment that the Consumer used, unless the Consumer has expressly agreed to another method of return that does not involve any costs for him.
If the Consumer has chosen a method of delivery of the item other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
The Consumer is obliged to return the Goods together with all accessories, including packaging, if it constitutes a significant element of the Goods. The Seller may withhold the refund until the Goods are received or until the Seller is provided with proof of their return, depending on which event occurs first.
The Consumer shall bear only the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not informed the Consumer of the need to bear these costs.
The Consumer shall be liable for the reduction in the value of the Goods resulting from their use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
In the event of effective withdrawal from the Agreement, the Agreement shall be deemed not to have been concluded.

CHAPTER 9. INTELLECTUAL PROPERTY

The rights to the Service and the content contained therein belong to the Seller.
The website address where the Store is available, as well as the content of the website http://www.sofija.pl are subject to copyright and are protected by copyright and intellectual property law.
All logos, names, graphic designs, films, texts, forms, scripts, source codes, slogans, trademarks, service marks, etc. are registered trademarks and belong to the Seller, manufacturer or distributor of the Goods. Downloading, copying, modifying, reproducing, sending or distributing any content from the website http://www.sofija.pl without the owner's consent is prohibited.

CHAPTER 10. FINAL PROVISIONS

In matters not regulated by the Regulations in legal relations with Customers or Consumers, the relevant provisions of generally applicable law shall apply.
Any deviations from the Regulations must be made in writing under penalty of nullity.
The court competent to resolve a dispute between the Seller and the Customer will be the court competent for the Seller's registered office. The court competent to resolve a dispute between the Seller and the Consumer will be the court competent according to general rules (court of the defendant's place of residence) or another more convenient for the Consumer (according to art. 31-37 of the Code of Civil Procedure

INSTRUCTION ON THE RIGHT TO WITHDRAW FROM THE CONTRACT

applies to the Consumer

You have the right to withdraw from the contract within 14 days without giving any reason.

The period for withdrawal from the contract expires after 14 days from the day on which you came into possession of the goods or on which a third party other than the carrier and indicated by you came into possession of the goods.

To exercise the right to withdraw from the contract, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). Below are our contact details:

SOFIJA Ewa Klepacz

Bursztynowa 7

26-600 Radom, Poland

Email: sklep@sofija.pl

You can use the model withdrawal form, but this is not obligatory.

In order to meet the withdrawal deadline, it is sufficient for you to send information regarding your right to withdraw from the contract before the expiry of the withdrawal deadline.

Consequences of withdrawal: in the event of withdrawal from the contract, we will return to you all payments received from you, but we will not bear the costs of the return, immediately and in any case no later than 14 days from the day on which we were informed of your decision to exercise your right to withdraw from this contract. We will make the return using the same means of payment that you used in the original transaction, unless you have expressly agreed to a different solution. We may withhold the return of the payment until we have received the goods or until you have provided us with proof of sending them back, depending on which event occurs first.

Please send back or hand over the goods to us immediately and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the expiry of the 14-day period.

We will not bear the costs of the return.

You are only liable for any reduction in the value of the item resulting from its use in a manner other than necessary to determine the nature, characteristics and functioning of the item.

WITHDRAWAL FORM

NOTE: this form should be completed and returned only if you wish to withdraw from the agreement

………………………., ……………………………….

…………………………………………

(Client's name and surname)

………………………………………………..

…………………………………………

(Client's correspondence address)

…………………………………………

(contact phone number)

SOFIJA Ewa Klepacz

Bursztynowa 7

26-600 Radom, Poland

Email: sklep@sofija.pl

WITHDRAWAL FROM A DISTANCE CONTRACT

I declare that I am withdrawing from the distance sales contract concluded on ………………………………………… and concerning the purchase of the following goods:

………………………………………………………………………………………… for the price of ………………………………………………….,

………………………………………………………………………………… for the price of ………………………………………………….,

………………………………………………………………………………… for the price of ………………………………………………..

The goods were issued/received[1] on ……………………………………………………………..

In connection with the above, I declare that I will return the goods immediately, no later than within fourteen days.

Below I provide the details for the refund of the price of the goods, which should be made immediately, no later than within fourteen days.

…………………………………………………………………..……………………

…………………………………………………………………………………………..……

……………………………………………………

(name, surname and signature of the Client,

if the form is sent in paper form)