NIKA Online Store Terms and Conditions

§ 1

Definitions

1. Whenever these Terms and Conditions refer to:

Seller – shall mean the Dobra Fabryka Foundation with its registered office in Warsaw (postcode 04-694), ul. Pomiechowska 47/14, entered in the register of associations, other social and professional organizations, foundations, and independent public healthcare institutions, as well as in the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000519542, NIP 9522131059, e-mail: [email protected], tel. +48 530 320 681 (fees according to the operator’s tariff), correspondence address: Klarysewska 52C, 02-936 Warsaw.

Store – shall mean the online store operated by the Seller at the website address www.sklepnika.dobrafabryka.pl.

Product – shall mean movable items available in the Store, intended for sale under a Sales Agreement concluded between the Seller and the Customer.

User – shall mean any visitor to the Store’s website who uses the Store in any way.

Consumer – shall mean a consumer within the meaning of the provisions of the Civil Code of 23 April 1964, i.e. a natural person purchasing Products in the Store for purposes not directly connected with their business or professional activity.

Entrepreneur with consumer rights – shall mean a natural person purchasing Products in the Online Store for purposes directly related to their business activity, where it follows from the content of the agreement that such purchase does not have a professional character for them, in particular arising from the scope of their business activity.

Entrepreneur – shall mean a natural person, legal person, or organizational unit without legal personality, purchasing Products in the Store as part of their business or professional activity; in the case of a natural person, an Entrepreneur shall be understood as a natural person purchasing Products in the Store for purposes directly connected with their business activity, where it follows from the content of the agreement that such purchase has a professional character for them, in particular arising from the scope of their business activity.

Customer or Buyer – shall mean a natural person, legal person, or organizational unit without legal personality but with legal capacity as referred to in Article 331 of the Civil Code, using the Store and having concluded a Sales Agreement with the Seller.

Registered Customer – shall mean a Customer using the Store who has completed Registration and created a Customer Account.

Registration – shall mean a one-time action performed by the Customer within the Store, consisting of completing the registration form in order to create a Customer Account.

Customer Account – shall mean an individual Customer panel available after Registration, used for purchasing Products via the Store and for obtaining information about the Customer’s Order history.

Order Form – shall mean an interactive form available in the Store that enables the placement of an Order.

Distance Agreement – shall mean an agreement concluded with the Customer within an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the Seller and the Buyer, using exclusively one or more means of remote communication until and including the conclusion of the agreement.

Cart – shall mean the element of the Store in which the Products selected by the Buyer for purchase are visible, and where it is possible to determine and modify Order details, in particular the quantity of Products.

Order – shall mean the Buyer’s declaration of intent submitted via the Order Form, directly aimed at concluding a Sales Agreement for one or more Products with the Store, containing the information necessary to conclude and perform the Sales Agreement.

Sales Agreement – shall mean a contract for the sale of Products within the meaning of the Civil Code, concluded between the Seller and the Customer using means of remote communication, the terms of which are defined in these Terms and Conditions.

Terms and Conditions – shall mean this document together with all annexes constituting its integral part, setting out the terms and rules of using the Store.

Business Days – shall mean weekdays from Monday to Friday, excluding statutory public holidays.

Device – shall mean computers, mobile phones, tablets, e-readers, or other digital devices capable of connecting to the Internet.

PayU or PayPal – shall mean a payment operator through which electronic payments are processed (card, instant transfer, BLIK).

Privacy Policy and Cookies Policy – shall mean the applicable rules for collecting and using Users’ personal data, including when placing Orders for services provided electronically, available at: https://sklepnika.dobrafabryka.pl/polityka-prywatnosci/

Services provided electronically – shall mean the provision of a service without the simultaneous presence of the parties (at a distance), by transmitting data at the individual request of the service recipient, sent and received using electronic data processing devices, including digital compression and data storage, which is entirely transmitted, received, or broadcast via a telecommunications network within the meaning of the Telecommunications Law of 16 July 2004.

§ 2

General Provisions

1. The owner of the Store is the Seller.
2. These Terms and Conditions define the rules for using the Store, placing Orders for Products available in the Store, delivering ordered Products to the Customer, payment of the sale price of Products by the Customer, the Customer’s rights to cancel an Order and withdraw from the Sales Agreement, as well as the rules for submitting and handling complaints.
3. The Seller conducts retail sales of Products offered in the Store via the Internet. Information about the Products is published by the Seller on the Store’s website.
4. To use the Store and place Orders for Products, it is necessary to have a device with Internet access and an up-to-date web browser (e.g. Internet Explorer, Google Chrome, Mozilla Firefox, Opera, or Safari), an active e-mail account, and JavaScript enabled.
5. The Seller reserves that the photos posted on the Store’s website are intended to allow the Buyer to become familiar with the Product, while the Product received by the Buyer may differ slightly in color from the one presented in the Store. Such differences may result from technical factors, such as lighting or the device on which the Buyer displays the Product photo.

§ 3

Contact with the Seller

The Seller may be contacted:

1. in writing at the address: Dobra Fabryka Foundation, correspondence address: Klarysewska 52C, 02-936 Warsaw
2. via e-mail: [email protected],
3. by phone at: +48 530 320 681 (charges according to the operator’s tariff).

Communication with the Seller entails costs incurred by the Customer resulting from agreements concluded by the Customer with third parties for the use of specific forms of remote communication. The Seller does not charge any additional fees or provide any additional services for contacting the Seller.

§ 3

Obligations of the Buyer

1. The Buyer is obliged to read these Terms and Conditions available on the Store’s website before placing an Order for a Product. During the ordering process, the Buyer declares that they have read the Terms and Conditions and accept them.
2. The Buyer is obliged to refrain from any activity that could affect the proper functioning of the Store, in particular from any interference with the content of the Store, including providing unlawful content. It is prohibited to use the Store for purposes inconsistent with its intended use.

§ 4

Account

1. To create a Customer Account, the Customer completes Registration using the form, providing the data specified in the registration form.
2. The password used to log in to the Store may consist of letters, numbers, and/or special characters. The password is individual for each Customer. The password can be changed in the Customer Account by providing the e-mail address and a new password.
3. The User’s login is the e-mail address provided by the Customer during Registration.
4. Creating a Customer Account is free of charge and voluntary; however, the Customer is obliged to provide accurate data during Registration.
5. Registration is not a prerequisite for the User to browse the Store’s assortment or to place an Order in the Store.
6. The Customer has the option to place an Order via the Online Store without prior Registration, using the Order Form.

§ 5

Method of Making Purchases

1. The Buyer may place Orders 24 hours a day, 7 days a week.
2. The Customer may choose between two methods of placing an Order:
   • placing an Order after prior Registration, via the Customer Account,
   • placing an Order without Registration, via the Order Form.

3. To place an Order, the Customer adds to the “Cart” the Product they intend to purchase. Adding a Product to the “Cart” does not constitute placing an Order. Products may be freely added to or removed from the “Cart.”
4. An Order is valid if the Buyer correctly completes the Order Form and provides the required data accurately. The Buyer undertakes to complete the Order Form with truthful data consistent with the actual state of affairs.
5. A Customer with a Customer Account, after logging in and finally adding Products to the “Cart,” is redirected to the order form to specify the delivery method and payment method. The Customer is then redirected to the Order summary. The Order is placed by selecting the “Buy and Pay” button.
6. A Customer without a Customer Account, after finally adding Products to the “Cart,” is redirected to the order form to provide the address, billing details, delivery method, and payment method. The Customer is then redirected to the Order summary. The Order is placed by selecting the “Buy and Pay” button.
7. The Seller reserves the right to verify Orders with respect to the data entered in the Order Form and, in case of doubts as to the accuracy of the data, reserves the right to withhold the execution of the Order until such information is verified with the Buyer, using the contact details provided in the Order Form (e-mail, phone). If doubts regarding the accuracy of the data entered in the form are not clarified, the Seller has the right to cancel the Order.
8. Submitting an Order signifies acceptance of the Terms and Conditions and constitutes an offer by the Customer to conclude a Sales Agreement for the Products covered by the Order.
9. Information about the total value of the Order, which includes the price of the goods and the delivery costs, is provided on the Store’s website each time during the ordering process, including before the Customer directly confirms and places the Order. The information about the total value of the Order includes the full amount the Customer is obliged to pay, together with applicable taxes and delivery costs.
10. After submitting the Order Form, the Buyer will receive an e-mail at the address provided therein, containing in particular: the Buyer’s or company details together with the tax identification number (NIP) if a VAT invoice is issued; an indication of the items ordered with the number of units, unit price and total price, as well as shipping costs; and—if the Buyer selected a traditional bank transfer as the payment method—the name of the bank and the account number to which payment should be made.
11. Upon receipt of payment by the Seller, the Buyer will receive an e-mail confirming the acceptance of the Order.
12. Confirmation of placing an Order for the purchase of a Product results in the conclusion of a Sales Agreement between the Buyer and the Seller under the terms set out in these Terms and Conditions. Together with the Order confirmation, the Terms and Conditions and its annexes, including information on the right of withdrawal and the Store’s Privacy Policy, are sent to the Buyer.
13. An Order shall be deemed placed at the moment the Store confirms acceptance of the Order in the e-mail sent to the Buyer, as referred to in paragraph 11 above.
14. Any changes to the Order may be made by the Customer by contacting the Store’s customer service via e-mail at [email protected], including the Order number in the subject line. The Customer may make changes to or cancel the Order until the purchased Products have been handed over for shipment.
15. If it is not possible to fulfill the Order, the Store will inform the Customer electronically or by phone about the circumstances. In such a case, the Customer may choose whether to cancel the Order in part or in full, or to place another Order. In the event of cancellation, any payments made by the Customer will be promptly refunded by the Store.

§ 6

Prices and Changes to the Offer

1. The price indicated for each Product is binding at the time the Order is placed by the Buyer. Product prices in the Store include VAT. The cost of the delivery option selected by the Buyer, in accordance with the list of charges available at https://sklepnika.dobrafabryka.pl/wysylka, is added to the price shown on the invoice/receipt. The final price consists of the cost of the Product together with the delivery cost.
2. The final price (the prices of the Products together with the delivery cost) is displayed in the Order summary. The Customer also receives information about the final price together with the Order confirmation.
3. Promotions in the Store may be carried out on the basis of a separate Promotions Regulation. In matters not regulated in the Promotions Regulation, the provisions of these Terms and Conditions shall apply. Promotions in the Store concerning the sale of Products cannot be combined, unless otherwise specified in the applicable Promotions Regulation.
4. The Store reserves the right to update the prices of Products listed on the Store’s website, provided that such updates do not apply to Product(s) after an Order has been placed by the Customer.

§ 7

Payment

1. The final amount of the Customer’s Order consists of the price of the selected Product(s) and the delivery cost, of which the Customer is informed on the Store’s website and during the ordering process.
2. Payment for the Order may be made, at the Customer’s choice, in the following forms: payment card via the PayU payment operator, online payment through PayU (instant online transfer, GooglePay, ApplePay, PayPo, Twisto, VISA Checkout, bank transfer), or traditional bank transfer.
3. The title of a traditional bank transfer must include the Order number and the Customer’s full name.
4. If payment for the Order by way of prepayment to the bank account (traditional transfer) is not credited to the Store’s account within 3 Business Days from the date of confirmation of acceptance of the Order for processing, the Seller shall deem that the Customer has resigned from the purchase and the Order shall be cancelled. The Seller will inform the Customer of the cancellation of the Order.
5. If the Customer chooses one of the payment options: payment card, instant transfer, or BLIK via the Payment Operator, the Customer must make the payment directly when placing the Order. If the payment is not credited to the Store’s account within 24 hours, the Order will be cancelled, and the Customer will be informed accordingly.
6. A fiscal receipt or a personalized proof of purchase (VAT invoice) is issued for each Product sold.
7. Details regarding the execution of online payments and the rules for processing personal data provided during payment, including information about the Personal Data Controller and the applicable rules for collecting and using personal data, are specified in the regulations available on the websites of PayU and PayPal. The User should read these regulations before making a payment.

§ 8

Delivery Terms

1. Shipping is carried out in the manner chosen by the Customer at the time of placing the Order, to the delivery address indicated by the Customer. Delivery of purchased Products under the terms set out in these Terms and Conditions is made within the territory of the European Union and the United Kingdom.
2. The Product is shipped within 3 Business Days from the moment the payment is credited to the Seller’s bank account. The available shipping methods together with delivery times are provided at: https://sklepnika.dobrafabryka.pl/wysylka
3. The Buyer will receive an e-mail at the address provided in the Order Form with information that the Order has been dispatched.
4. At the moment the Product is handed over, the benefits and burdens related to the item, as well as the risk of its accidental loss or damage, pass to the Customer; however, in the case of delivery carried out by a carrier other than the Seller, the Product shall be deemed delivered when it is received from the carrier, if the Customer is a Consumer or an Entrepreneur with consumer rights.
5. It is recommended that a Customer who is a Consumer, as well as an Entrepreneur with consumer rights, whenever possible, check the Product upon delivery of the shipment in the presence of the Seller’s representative or the carrier. In the event of any damage to the shipment, it is also recommended that the Consumer or Entrepreneur with consumer rights prepare an appropriate report and promptly notify the Seller of this fact.

§ 9

Store’s Liability for Defects and Complaints

1. With respect to Customers who are Consumers or Entrepreneurs with consumer rights, the Seller is liable for the lack of conformity of a physical Product with the contract under the rules set out in Chapter 5a of the Act of 30 May 2014 on Consumer Rights and in this paragraph.
2. A complaint may be submitted by the Customer via e-mail or in writing to the Seller’s address.
3. When submitting a complaint, the Seller recommends that the complaint include at least the following information:
   • first name, last name, company name, tax identification number (NIP), correspondence address, and contact details;
   • information regarding the date of conclusion of the agreement together with confirmation thereof;
   • information and circumstances concerning the subject of the complaint, in particular the type and date of the Product’s non-conformity with the agreement;
   • a request regarding the manner in which the complaint should be handled.

4. If deficiencies prevent the complaint from being processed, the Seller will contact the Customer using the details provided in the complaint form in order to request their completion.
5. Complaints will be reviewed without undue delay, but no later than within 14 Business Days from the date the Seller receives the shipment containing the complained Product. Failure by the Seller to respond within this period shall mean that the complaint has been deemed justified.
6. If the Product is not in conformity with the Agreement, the Customer may request its repair or replacement.
7. The Seller may carry out a replacement if the Customer requests a repair, or may carry out a repair if the Customer requests a replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the Customer is impossible or would involve excessive costs for the Seller. If both repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement.
8. The Seller shall repair or replace the Product within a reasonable time from the moment the Customer informed them of the Product’s lack of conformity with the Agreement, and without undue inconvenience to the Customer, taking into account the nature of the Product and the purpose for which the Customer purchased it. The costs of repair or replacement, including in particular postage, transport, labor, and materials, shall be borne by the Seller.
9. The Customer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the Product from the Customer at their own expense.
10. If the Product is not in conformity with the Agreement, the Customer may submit a declaration of a price reduction or withdrawal from the Agreement in the following situations:
    • the Seller has refused to bring the Product into conformity with the Agreement in accordance with paragraph 7 above;
    • the Seller has not brought the Product into conformity with the Agreement in accordance with paragraph 8 above;
    • the lack of conformity of the Product with the Agreement persists despite the Seller’s attempt to bring the Product into conformity with the Agreement;
    • the lack of conformity of the Product with the Agreement is so significant that it justifies a price reduction or a refund due to withdrawal from the Agreement, without the prior use of the remedies specified in paragraph 7 above;
    • it is clear from the Seller’s statement or the circumstances that the Seller will not bring the Product into conformity with the Agreement within a reasonable time or without undue inconvenience to the Customer.

11. The reduced price must be in the same proportion to the price under the Agreement as the value of the non-conforming Product bears to the value of a Product that is in conformity with the Agreement.
12. The Seller shall refund to the Customer the amounts due as a result of exercising the right to a price reduction without delay, and no later than within 14 days from the date of receiving the Customer’s declaration of a price reduction.
13. The Customer may not withdraw from the Agreement if the lack of conformity of the Product with the Agreement is insignificant. It is presumed that any lack of conformity of the Product with the Agreement is significant.
14. If the lack of conformity with the Agreement concerns only some of the Products delivered under the Agreement, the Customer may withdraw from the Agreement only with respect to those Products, as well as with respect to other Products purchased by the Customer together with the non-conforming Products, if it cannot reasonably be expected that the Customer would agree to keep only the Products that conform with the Agreement.
15. In the event of withdrawal from the Agreement, the Customer shall promptly return the Product to the Seller at the Seller’s expense. The Seller shall refund the price to the Customer without delay, no later than within 14 days from the date of receiving the Product or proof of its return.
16. The Seller shall refund the price using the same payment method as was used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any additional costs for them.
17. The Seller is liable for any lack of conformity of the Product with the Agreement that exists at the time of delivery and becomes apparent within two years from that moment, unless a longer period of suitability for use of the Product has been specified by the Seller, its legal predecessors, or persons acting on their behalf.
18. The Seller is not liable for the lack of conformity of the Product with the Sales Agreement if, at the latest at the time of concluding the Sales Agreement, the Customer received explicit information that the Product was defective or of reduced quality and accepted this fact.
19. If the complaint is not accepted, the Product will be returned to the Customer at the previously provided address, together with an explanation stating the reasons for rejecting the complaint.

§ 10

Entrepreneurs

1. With respect to Orders placed by Buyers who are Entrepreneurs, the provisions regarding statutory warranty for defects do not apply, and the provisions of §9 and §11 of these Terms and Conditions are excluded.
2. At the moment the Product is handed over by the Seller to the carrier, the benefits and burdens related to the Product, as well as the risk of its accidental loss or damage, pass to the Buyer who is an Entrepreneur.
3. The Seller shall not be liable for the loss, shortage, or damage of the Product occurring from the moment it is accepted for transport until it is delivered to the Customer who is an Entrepreneur, nor for any delay in the shipment.
4. At the moment the Product is handed over, the benefits and burdens related to the item, as well as the risk of its accidental loss or damage, pass to the Customer; in the case of delivery carried out by a carrier or forwarder other than the Seller, the Product shall be deemed delivered when it is handed over by the Seller to the carrier or forwarder, if the Customer is an Entrepreneur.
5. A Customer who is an Entrepreneur is obliged to check the condition of the Product upon delivery of the shipment in the presence of the Seller’s representative or the carrier. In the event that any damage to the shipment is found, the Entrepreneur is required to draw up an appropriate report.

§ 11

Withdrawal from the Agreement

1. A Customer who is a Consumer, as well as an Entrepreneur with consumer rights, who has concluded a distance contract via the Store, has the right to withdraw from the contract without giving any reason. The declaration of withdrawal from the contract by the Consumer or Entrepreneur with consumer rights must be submitted within 14 calendar days, counting from the day the Product is delivered to the Consumer (Entrepreneur with consumer rights) or to a person indicated by them other than the carrier, and in the case of a contract which:
   • covers multiple Products delivered separately, in batches, or in parts – from the moment of taking possession of the last Product, batch, or part,
   • covers a single Product – from the moment of taking possession of the Product.

2. The Consumer may submit a declaration in writing to the address: ul. Klarysewska 52C, 02-936 Warsaw, or by sending an e-mail to: [email protected].
3. When withdrawing from the Sales Agreement, the Consumer, as well as the Entrepreneur with consumer rights, may use the template withdrawal declaration set out in Annex No. 2 to these Terms and Conditions. The withdrawal template is also available in the “Returns” section on the Store’s website at: https://sklepnika.dobrafabryka.pl/zwroty/. Proof of purchase of the Product must be attached to the declaration. Using the template withdrawal form is not mandatory to effectively exercise the right of withdrawal.
4. In the event of withdrawal from the Agreement, the Customer is obliged to return the purchased Product without delay, but no later than within 14 days from the date of withdrawal from the Sales Agreement. To meet the deadline, it is sufficient to send the returned Product before the expiry of the 14-day period to the Seller’s address.
5. The Consumer shall bear the costs associated with returning the Product after submitting the declaration of withdrawal from the contract, i.e., the costs of shipping the goods to the Seller.
6. The refund of the payment for the Product and the cost of shipping the Product shall be made within 14 days from the date of receipt of the declaration of withdrawal from the contract, using the same payment method that was used when paying for the Order, unless the Buyer has expressly agreed to a different refund method, provided that such refund does not involve any additional costs for the Seller.
7. The Store will refund only the shipping costs equal to the least expensive delivery method available for sending the Product to the Consumer.
8. The Store has the right to withhold the refund until it has received the returned Product or until the Buyer has provided proof of its dispatch, whichever occurs first.
9. The Consumer is liable for any reduction in the value of the Product resulting from actions that go beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
10. The Store does not accept parcels sent to it with cash on delivery and is not responsible for any costs associated with such shipments.
11. Information regarding withdrawal from the Sales Agreement is included in Annex No. 1 to these Terms and Conditions.

§ 12 

Provision of Services by Electronic Means

1. The Seller, via the Store, provides free Electronic Services in the form of
   • providing the option to create and manage a Customer Account in the Store,
   • enabling the placement of an Order and the conclusion of a Sales Agreement;
   • enabling the use of the Cart;
   • Newsletter;
   • providing access to data and materials available in the online Store, including, in particular, information about the Products.

2. The agreement for the provision of electronic services is concluded at the moment the Customer creates a Customer Account, subscribes to the Newsletter service, or begins using a given functionality of the online Store that enables the use of a specific electronic service.
3. The agreement for the provision of electronic services consisting of the creation and maintenance of a Customer Account in the online Store, as well as the provision of the Newsletter service, is concluded for an indefinite period. With regard to other electronic services provided via the online Store, the agreement for the provision of such services is concluded for an indefinite period and is terminated when and by the mere fact that the Customer ceases to use the given electronic service, without the need to submit any additional declarations.
4. The Customer may terminate the agreement referred to in sections 2 and 3 at any time and without providing a reason, by sending an appropriate declaration via e-mail or in writing to the Seller’s address. A Customer who is a Consumer, as well as an Entrepreneur with consumer rights, may also withdraw from the agreement referred to in sections 2 and 3 within 14 days without giving any reason, under the terms set out in § 11.
5. A Customer who is a Consumer, as well as an Entrepreneur with consumer rights, may submit a complaint regarding services provided electronically by the Seller via e-mail or in writing to the Seller’s address.
6. The Seller will review a complaint regarding services provided electronically within no more than 14 days from the date of its receipt and will promptly inform the Customer of the outcome.

§ 13

Processing of Personal Data

Detailed information regarding the processing of personal data is provided in the Privacy and Cookie Policy.

§ 14

Out-of-Court Dispute Resolution Options

In the event of a dispute with the Seller, the Consumer has the option of resolving the matter amicably by:

1. referring the case to a permanent consumer arbitration court,
2. mediation,
3. referring the case to the Regional Inspector of Trade Inspection,
4. referring the case to the Consumer Federation,
5. using the online dispute resolution platform for consumers and traders at the EU level, available at http://ec.europa.eu/consumers/odr (ODR Platform).

§ 15

Newsletter

1. The Dobra Fabryka Foundation Newsletter is a free service consisting of sending information about the Foundation’s current activities electronically to subscribing Users. The Newsletter is delivered in the form of an e-mail message to the e-mail address provided by the User.
2. To subscribe to the newsletter, the User must complete the form available in the Store and consent to the processing of personal data for marketing purposes. The User must then confirm the subscription by clicking the link sent to their e-mail address.
3. The User may unsubscribe from the newsletter at any time by clicking the “Unsubscribe” link included in the e-mail containing the newsletter. The User’s data will then be automatically removed from the newsletter subscriber list.
4. To unsubscribe from the newsletter, the User may also contact the Administrator or the Data Protection Officer.
5. Detailed information regarding the processing of the User’s personal data is available in the “Privacy Policy” section.

§ 16

Copyright

1. All graphic elements of the Store, the technical solutions used therein, content elements, as well as the manner in which the graphic elements and content are presented (layout), together with the software, databases, and other materials placed within the Store, constitute the subject of the Seller’s copyright (or that of authorized entities such as business partners) and are protected in accordance with the provisions of the Act of February 4, 1994 on Copyright and Related Rights.
2. No element of the Store may be copied or distributed in any form or by any means without the Seller’s consent, including photocopying, printing, recording on floppy disks, CDs/DVDs, or other data storage media. Any exceptions to the above rule are provided for in these Terms and Conditions.
3. Downloading and copying content posted in the Store is permitted solely for private, non-commercial use.
4. No part of the Store may be copied in whole or in part, transmitted electronically or otherwise, modified, linked, or used for commercial purposes without the prior written consent of the Seller.

§ 17

Final Provisions

1. These Terms and Conditions enter into force on April 23, 2025, and their provisions apply to all Orders placed after that date.
2. These Terms and Conditions are available at the Seller’s registered office and on the Store’s website. The Seller reserves the right to make amendments to these Terms and Conditions, which may arise in particular from changes in applicable laws. Amendments to the Terms and Conditions are made by posting the new content on the website at www.sklepnika.dobrafabryka.pl.
3. Each User will be informed of changes to the Terms and Conditions by the Seller posting a notice on the Store’s homepage about the amendment, which will remain on that page for 14 days from the date of the change. The amendment to the Terms and Conditions in no way infringes upon Customers’ acquired rights and does not apply to Sales Agreements concluded before the change.
4. Users who have:
   • Customer Accounts – will be notified of changes to the Terms and Conditions at the e-mail address associated with the Customer Account.
   • an active newsletter subscription – will be notified of changes to the Terms and Conditions at the e-mail address provided in the newsletter subscription form.
5. In matters not regulated by these Terms and Conditions, in particular with regard to the conclusion and performance of Sales Agreements, the mandatory provisions of Polish law shall apply, including the Civil Code and, with respect to Customers who are Consumers, the Consumer Rights Act.

Annexes to the Terms and Conditions:

Annex No. 1 – Information on Withdrawal from the Agreement

Annex No. 2 – Sample Withdrawal Form

Annex No. 3 – Sample Complaint Form

Annex No. 1 – Information on Withdrawal from the Sales Agreement

Information on Exercising the Right of Withdrawal from the Agreement

The right of withdrawal from the agreement applies to Customers who are Consumers as well as Entrepreneurs with consumer rights. An Entrepreneur with consumer rights is understood as a natural person purchasing Products in the Online Store for purposes directly related to their business activity, where it follows from the content of the agreement that it does not have a professional character for them, in particular arising from the subject of their business activity.

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

The withdrawal period expires 14 days after the day on which you acquired possession of the goods, or on which a third party other than the carrier and indicated by you acquired possession of the goods.

To exercise the right of withdrawal, you must inform us, i.e., the Dobra Fabryka Foundation with its registered office in Warsaw (postcode 04-694), at ul. Pomiechowska 47/14, e-mail address: [email protected], tel. +48 530 320 681 (charges according to the operator’s tariff), correspondence address: Klarysewska 52 C, 02–936 Warsaw, of your decision to withdraw from this agreement by means of an unequivocal statement (for example, a letter sent by post, fax, or e-mail).

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

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal from the Agreement

In the event of withdrawal from this agreement, we will reimburse you for all payments received from you, including the costs of delivering the goods (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event no later than 14 days from the day on which we were informed of your decision to exercise the right of withdrawal from this agreement.

We will make the reimbursement using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such reimbursement.

We may withhold the reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever occurs first.

Please send back or hand over the goods to the Dobra Fabryka Foundation, ul. Klarysewska 52 C, 02–936 Warsaw, without undue delay and in any event no later than 14 days from the day on which you informed us of your withdrawal from this agreement. The deadline will be met if you send back the goods before the 14-day period has expired.

You will have to bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Annex No. 2 – Sample Withdrawal Form from the Sales Agreement – the use of this form is not mandatory in order to withdraw from the agreement

Addressee:

Dobra Fabryka Foundation, headquartered in Warsaw (postal code 04-694), ul. Pomiechowska 47/14, entered into the register of associations, other social and professional organizations, foundations, and independent public healthcare institutions, also entered into the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000519542, NIP 9522131059, e-mail address: [email protected], tel. +48 530 320 681 (charges according to the operator’s tariff), correspondence address: Klarysewska 52 C, 02–936 Warsaw.

I/We () ………………………………… hereby give notice of my/our () withdrawal from the sales agreement for the following goods (), the supply agreement for the following goods (), the contract for work involving the production of the following goods (),/or the agreement for the provision of the following service ():

…………………………………………………………………..

Date of conclusion of the contract ()/receipt (): …………………………………..

Name(s) of consumer(s): …………………………….

Address of consumer(s): …………………………………….

Signature of consumer(s) (only if this form is submitted on paper)

…………………………………………….

Datę: ……………………………………….

(*) Delete as appropriate.

Annex No. 3 Sample Complaint Form – the use of this form is not required to submit a complaint

________________________

________________________

________________________

/Buyer’s details including delivery address/

Fundacja Dobra Fabryka

ul. Klarysewska 52 C

02-936 Warszawa

NIP:9522131059

Product Complaint

I hereby notify that the goods purchased by me on ………………………………….…. are defective (order no. ..………., receipt no. ………………………..).
The defect consists of ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

The defect was identified on …………………………………………………………………………………………………………………………………………………..

In view of the above, I demand ………………………………………………………….. ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

________________________

/signature/

Attachment:

1. dowód zakupu paragon/faktura*

(*) Delete as appropriate.