Web Store Terms & Conditions

§1 General provisions

1. The Regulations define the rules for making purchases in the Store and are addressed to consumers, entrepreneurs and entrepreneurs with consumer rights.

2. The following terms have the following meaning in these Regulations:

a. Business days - all days of the week from Monday to Friday, excluding public holidays,
b. Customer - a person using the Store, being an individual with full legal capacity (so, as a rule, who is over 18 years of age), a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity ,
c. Consumer - an individual making a legal transaction with the entrepreneur not directly related to his business or professional activity (Article 221 of the Civil Code),
d. Entrepreneur on consumer rights - an individual conducting business activity making a legal transaction with the entrepreneur - purchase - not directly related to their business or professional activity.
e. Customer account - a set of information about the Customer, as well as about the activities performed by the Customer within the Store,
f. Regulations - these regulations,
g. Store or online store - a domain that allows you to purchase the Service Provider's product electronically, available at the Internet address: www.carpatree.com
h. Service Provider - Carpatree sp. z o.o., ul. Czajkowskiego 15, 43-300 Bielsko-Biała, NIP: 5472221225, REGON: 387279344, email: info@carpatree.com,
i. Durable medium - a material or tool enabling the consumer or entrepreneur to store information addressed personally to him, in a way that allows access to information in the future for a period of time appropriate to the purposes for which this information is used, and which allows the stored information to be reproduced unchanged (art. 2 point 4 of the Act of 30 May 2014 on consumer rights, Journal of Laws 2014 item 827),
j. Goods - movable items available in the Online Store that are the subject of the Sales Agreement between the Customer or Consumer and the Service Provider.
k. Pre-order - A function that allows you to purchase a product that is not physically in the store's warehouse at the moment.
l. Registration form - a form available in the Online Store that allows you to create an Account.
m. Order form - an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
n. Order - Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Service Provider.

3. Prices listed in the Store:

a. do not constitute an offer within the meaning of the provisions of the Civil Code, but only an invitation to conclude a contract,
b. are given in gross amount, in the currency selected by the Customer from the following: Polish zlotys (PLN), British pounds (GBP), US dollars (USD), euros (EUR) or Czech crowns (CZK)
c. they do not include the cost of delivery and payment - the amount of which is decided each time by the Customer when placing an order (in accordance with §3),
d. each time they contain additional information about the lowest price that took place in the last 30 days, in accordance with the provisions of the Act on Consumer Rights of May 30, 2014 (i.e. Journal of Laws of 2020, item 287, as amended .).

§2 Account registration

1. Customers have the option of registering on the Store's website, which results in creating an Account.

2. Access to the service is free, but the use of the service is possible after the Customer completes the following steps:

a. filling out the registration form by the Customer, available on the Store's website (the form will be displayed after selecting the appropriate subpage of the Store or when placing an order). It is required to define a login and password, as well as provide an e-mail address. Moreover, as part of the Account, the Customer may save: name and surname, delivery address and telephone number,
b. accepting the content of the Regulations and the cookie policy.

3. After completing the registration form, a message is sent to the e-mail address provided by the Customer with a request to confirm the provided data - by clicking the reference (link) contained therein.

4. The Customer may delete his account in the Store at any time by sending a relevant request to the following address: info@carpatree.com.

5. The Customer may view the data within his Account and use the Store's functionalities, depending on the Account, after logging in. Logging in takes place by entering the correct login (email address provided during the registration process) and password on the appropriate subpage of the Store. The Customer undertakes to keep the agreed password secret and not to allow other persons to use his Account.

6. Having an account allows you to post opinions about the product in the Store using the satisfaction mark on a 5-point scale and your own comment. The opinion is placed at the bottom of the page presenting the product, along with the date of publication, the name of the Customer and verification of the opinion, confirming its placement by the Customer of the Store.

7. The Service Provider may delete the Account of a given Customer also in the event of violation of the Regulations by him, in particular when the Customer:

a. provided untrue, inaccurate or outdated data during registration in the online store, misleading or infringing the rights of third parties,
b. committed an infringement of the personal rights of third parties through the online store, in particular the personal rights of other customers of the online store. In this case, re-registration is not allowed.

8. Deleting the Account does not affect the validity of previous legal actions made by the Service Provider with the Customer via the Store.

§3 Placing orders

1. The Customer may purchase goods via the Store without setting up an Account. For this purpose, the Customer should add individual Goods to the Order Form, and then confirm his choice by clicking the appropriate option available on the Store's website.

2. After confirming the list of selected Goods, the Customer should:

a. specify the method of delivery and payment, as well as confirm the total price of the Goods (including VAT, possible customs duties and costs of delivery and payment - if any),
b. confirm the data collected in the Account, and in the case of Customers who are not logged in - provide the data specified in §2 sec. 2 lit. a above (excluding the telephone number, the provision of which is optional) and accept the content of the "regulations" along with the "privacy and cookies policy" (or log in).

3. Finally, in the event of making a final decision to purchase the Goods on the terms displayed by the Store, the Customer should click "place an order with the obligation to pay". From now on, it is no longer possible to change the content of the order.

4. The customer cannot make a purchase in the Store anonymously or under a pseudonym. In the Order Form, the Customer must provide true personal data. The customer is responsible for providing false personal data. The Service Provider reserves the right to suspend the execution of the order in a situation where the Customer has provided untrue data or when the data raise reasonable doubts of the Service Provider as to their correctness. In this case, the Customer will be informed by phone or e-mail about the Service Provider's doubts. In such a situation, the Customer has the right to explain all circumstances related to the verification of the accuracy of the provided data. In the absence of data allowing the Service Provider to contact the Customer, the Service Provider will provide any explanations after the Customer makes contact.

5. Performing the activities referred to in sec. 1, 2 and 3, is tantamount to the Customer submitting an offer to the Service Provider to conclude a contract for the sale of Goods placed in the basket, at the prices displayed by the system, delivery costs, etc. (see section 2 letter a above).

6. As soon as the Customer submits an offer in accordance with sec. 4, the Customer receives a message from the Service Provider via e-mail with a written confirmation of the terms of the submitted offer (order).

7. The sales contract between the Customer and the Service Provider is concluded when the Service Provider accepts the previously received offer (order) - in the form of a message sent by e-mail. This message should contain a copy of these regulations in the version accepted by the Customer and binding for a given order, as well as information marked in section 2 lit. and above. Confirmation of the submission of the offer (order) referred to in section 5, is not tantamount to acceptance of the offer (order).

8. Orders containing pre-sale products are carried out within 2 to 28 business days, and payment for them takes place at the time of placing the order or upon receipt, if this option is selected. Mixed orders of both pre-order and non-pre-order products will be shipped once the pre-order product is ready. The pre-order option applies to certain products only and appears when you select the size of the pre-ordered product.

9. Orders covered by the promotion, under which the customer can receive a free product, can only be returned in full. It is not possible to withdraw from the contract partially and return only paid products that are part of the order.

10. Discount codes do not apply to the outlet category, unless otherwise stated.

11. Discount codes are active for orders from the amount of 100PLN/25USD/25EUR/20GBP/600CZK.

12. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer through

a. making these Regulations available on the
Online Store website b. sending an e-mail to the Customer.

13. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Service Provider's Online Store.

§4 Payment

1. The Service Provider provides the following payment methods:

a. PayU/PayPo/BLIK system or PayPal system - then the Customer is sent to the website of the selected operator who is responsible for further data transfer,
b. payment by Visa or Mastercard payment card - then the Customer enters the card details himself, including its number, expiry date and cvv code The customer should indicate the selected payment method in the order form.

2. The cost of payment depends on the chosen method of payment. The Customer is notified of the cost of payment of a given Good before placing an order, in accordance with §3.

3. Immediately after concluding the contract for the sale of Goods, the Service Provider issues a receipt or, at the request of the Client, a VAT invoice - and attaches this document to the Goods.

4. Payment for the Goods should be made before the delivery of the Goods.

§5 Order fulfillment and delivery of Goods

1. The Service Provider will proceed to the execution of the Customer's order immediately after the payment for the Goods is credited to its bank account.

2. The method of delivery and the address at which the delivery will be made should be specified by the Customer in the order form.

3. Delivery of goods is available both within and outside Poland.

4. Possible delivery methods are: a. courier shipment - the operator is selected by the Service Provider's employees depending on the delivery address
b. Cash-on-delivery shipment - the operator is selected by the Service Provider's employees depending on the delivery address
c. shipment via the delivery service to the InPost parcel locker

5. The cost of delivery depends on: the selected delivery method and the selected payment method. The Customer is notified of the cost of delivery of a given Good before placing an order, in accordance with §3.

6. The order processing time is the sum of the delivery time of the shipment to the supplier and the delivery time of the shipment by the supplier. The Service Provider undertakes to hand over the Goods to the supplier within 21 (28 days in the case of preorders) days from accepting the order for execution. The delivery time depends on the selected delivery method and is:

a. in the case of shipping by courier - 1 working day.,
b. in the case of shipping by DPD Pickup - 1 working day.
c. in the case of InPost parcel lockers - 1 working day.
d. in the case of cash on delivery - 5 days.

7. If it is not possible to complete the order within the time limit specified in para. 6 above, the Service Provider may inform the Customer about this by e-mail and return the entire sum of money received to the Customer - unless the Customer agrees to extend the deadline for receiving the Goods. This applies in particular to Goods that require adaptation to the individual needs of a particular Customer.

8. If the Customer provides an incorrect or inaccurate address, the Service Provider shall not be liable for non-delivery or delay in delivery of the subject of the service.

§6 Liability for defects and other obligations of the Service Provider

1. The Service Provider is liable for defects in the Goods on the terms set out in the provisions of generally applicable law, in particular in the Civil Code and the Act on consumer rights.

2. Defects of goods (complaints) can be submitted via e-mail to info@carpatree.com or in writing to the Service Provider's address given in §1.

3. The complaint will be considered by the Service Provider within 14 days from the date of receipt of a complete complaint notification.

4. More information on e.g. The exchange, complaint and return process can be found in the "Returns and refunds" tab.

5. The Service Provider undertakes to ensure that access to the Store is uninterrupted and ensures the security of transactions carried out via the Store.

6. The Service Provider shall not be liable for damages incurred by the Customer as a result of faulty functioning of devices with which the Customer uses the Website and Services.

7. The Service Provider is not responsible for the functioning of interfaces and links that are not owned or operated by it.

8. The Service Provider is not responsible for disruptions, including interruptions, in the functioning of the Store caused by force majeure or unauthorized actions of third parties.

§7 Personal data

1. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. The Service Provider processes Customers' personal data only to the extent provided for by law, in particular the Act of August 29, 1997 on the protection of personal data (i.e. - Journal of Laws 02.101.926 as amended) or these regulations.

2. The Service Provider undertakes to take the necessary technical and organizational measures to protect the processed personal data.

3. By expressing willingness to receive the newsletter, registering an Account or placing an order in accordance with §2 and §3, the Customer consents to the processing of personal data provided on the registration or order form in order for the Service Provider to perform its obligations under the contract with the Customer, as well as this Regulations (including in particular - for shipping goods, issuing invoices and keeping current correspondence).

4. Each person whose personal data is processed by the Service Provider has the right to:

a. their individual control
b. rectify and supplement them
c. remove them
d. restrictions on their processing
e. their transfer
f. lodge a complaint with the supervisory authority.

5. The Customer may consent to the processing of his personal data by the Service Provider for marketing purposes, as well as consent to receive commercial information from the Service Provider electronically.

6. In each case, the Customer's disclosure of personal data is voluntary - with the reservation that some data are necessary for the Service Provider to perform the sales contract concluded through the Store.

7. Customers' personal data may be made available to third parties in the event that such a right or obligation results from a legal provision. Possible recipients of personal data of the Store's Customers:

a. in the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Service Provider provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Service Provider;
b. in the case of a Customer who uses electronic payments or a payment card in the Online Store, the Service Provider provides the Customer's collected personal data to the selected entity servicing the above payments in the Online Store.

8. If the same Customer places an order again when using the Account Electronic Service, the Order Form may be filled in automatically and the Customer's data may be stored on his device.

9. Customers' personal data will not be transferred to third parties for marketing purposes.

10. In all matters related to the protection of personal data, the Customer may contact:

a. in writing to the following address: Carpatree sp. z o.o, ul. Czajkowskiego 15, 43-300 Bielsko-Biala
b. in electronic form to the following address: info@carpatree.com.

§8 Technical requirements, rules of operation of the Newsletter service, prohibition of posting unlawful content, complaints about the operation of the Store

1. The Service Provider provides the Customers via the Store with the possibility of using the following services provided electronically free of charge (within the meaning of the Act of 18 July 2002 on the provision of electronic services, Journal of Laws 2002.144.1204 as amended):

a. sharing the content of the Store,
b. setting up an Account,
c. sending a newsletter,
d. posting opinions about the product.

2. The Newsletter sending service is based on the following:

a. receiving messages is possible after providing an e-mail address and accepting consent by checking the check-box;
b. allows for free sending to the Consumer, with his consent, marketing e-mails, in particular regarding the Service Provider's offer - promotions, discount codes, new products;
c. in the event of the will to resign from this service, the Consumer selects the option "Unsubscribe from the newsletter" appearing as a separate field in the footer of each e-mail sent by the Service Provider as part of the said service;
d. detailed terms and conditions of using the Newsletter service are defined in separate Regulations.

3. In order to use the above services, the Customer should have: a device enabling connection to the Internet and having an operating system, Internet connection, necessary software (web browser) and an e-mail account.

4. The rules for storing cookies by the Service Provider on the Customer's devices, as well as the Service Provider's access to these cookies, are set out in the Cookies Policy, which is an appendix to these regulations.

5. The customer undertakes not to post illegal content (e.g. comments) in the Store - including in particular content that promotes violence or pornography or content that violates the rights of third parties. If the Service Provider receives an official notification or reliable information about the unlawful nature of the stored content provided by the Customer, the Service Provider may prevent access to this content.

6. The customer undertakes to:

a. not to use the Store in a way that interferes with its functioning, in particular through the use of specific software or devices,
b. not taking actions such as: sending or posting unsolicited commercial information (spam) as part of the online store,
c. use the online store in a way that is not inconvenient for other customers and the Service Provider.

7. In the event of dissatisfaction with the operation of the Store, the Customer has the option of submitting a complaint by e-mail to the following address: info@carpatree.com. The customer will be informed about the method of settling the complaint to the e-mail address from which it was sent, within 21 days of its receipt by the Service Provider.

9§ Out-of-court methods of dealing with cases and pursuing claims

1. The Service Provider agrees to submit any disputes arising in connection with the concluded contracts through mediation proceedings. Details will be determined by the parties to the conflict.

2. The consumer has the option of using extrajudicial means of dealing with complaints and pursuing claims. Among other things, it has the ability to:

a. requesting a permanent amicable consumer court to settle a dispute arising from the concluded contract,
b. request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Service Provider,
c. use the assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.

3. More detailed information on out-of-court methods of dealing with complaints and pursuing claims can be found on the website http://polubowne.uokik.gov.pl.

4. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.

§10 Changes to the regulations

1. The Service Provider has the right to change the provisions of these Regulations. In this case:

a. registered Customers will be informed about the changes via e-mail, to the address provided during registration - at least 14 days before the changes come into force,
b. registered Customers will be asked to accept changes to the regulations at the next login.

2. Lack of acceptance of changes to the regulations is tantamount to termination of the contract for the provision of electronic services with immediate effect and deletion of the Account.

3. Changes to the Regulations will not in any way infringe the rights acquired by the Customers, in particular they will not affect the orders placed - which will be carried out under the existing rules.

§11 Final Provisions

1. The law applicable to these Regulations, as well as to all contracts concluded in its implementation (including, in particular, contracts for the sale of Goods) is Polish law.

2. The terms of cooperation are defined only by the Regulations. Any information or advertising materials regarding cooperation and the Services are for information purposes only and are not legally binding.

Promotion "Buy any 2 products, get the third one free!"

1. These Regulations define the rules of the promotion "Buy any 2 products, get the third one free!" conducted in the online store www.carpatree.com, run by Carpatree sp. z o.o., hereinafter referred to as the "Promotion".

2. The promotion lasts ("Promotion Period") from 01/01/2020 until further notice and its activity at a given moment is indicated by the information bar at the top of the website www.carpatree.com with the text "2+1! Buy any 2 products, get the third one for free!". The promoter reserves the right to stop the promotion at any time and to restart it at any time. The publication of information about its duration is considered to be the launch of the promotion, and the removal of the publication of the above-mentioned information is considered to be its end. This information is visible at the top of the page throughout the purchase process.

3. The Promotion is intended for Carpatree customers shopping at www.carpatree.com during the Promotion Period.

4. Promotion assumptions:

- Promotion allows you to get one of three products, purchased in one order, for free.
- The promotion applies to all products excluding products from the Outlet and Gift Cards categories.
- The promotion is combined with discount codes.
- The discount on the third product is calculated after going to the basket.
- The discount is calculated on the cheapest product.
- The customer must manually add the third product to the cart before proceeding to checkout for the price of the third product to be reduced. If the product is not added before paying for the order, the promotion will not be included in the order amount. It is not possible to order a free product after paying for an order that does not contain a third product.

5. If the customer wants to return the goods purchased in the Promotion, the customer is obliged to return the entire order covered by the promotion. For products purchased in the Promotion, it is not possible to return only paid products while retaining the free product. All returned goods cannot bear traces of use (including the product that the customer receives for free). All other return conditions available in the Store Regulations apply to returns of goods covered by the Promotion.

6. The organizer of the promotion is Carpatree sp. z o.o. with its registered office at ul. Czajkowskiego 15, 43-300 Bielsko-Biała, NIP 547-222-12-25.

Returns and complaints

§1 Consumer right to withdraw from the contract

1. The customer who is a consumer may withdraw from the contract of sale of the Goods without giving any reason. The deadline to withdraw from the contract expires after 30 days from the date on which the Consumer acquires possession of the Goods or from the date on which a third party indicated by the Customer, other than the carrier, came into possession of the Goods.

2. In the case of a contract covering many items that are delivered separately, in batches or in parts - the deadline to withdraw from the contract expires after 30 days from the date the Consumer acquires possession of the last item or from the date on which a third party indicated by the Customer, other than the carrier came into possession of the last item.

3. To meet the deadlines referred to in para. 1 and 2, it is enough to send the Service Provider a statement of withdrawal from the contract before the deadline.

4. Withdrawal from the contract for the sale of Goods takes place by submitting an unequivocal statement to the Service Provider. Such a declaration may be made on the form constituting Appendix 2 to these Regulations, however, it is not obligatory.

5. In the event of withdrawal from the contract of sale of the Goods by the Customer in the manner described in this paragraph:

a) The Customer should return the Goods to the Service Provider to the address of ul. Piotra Czajkowskiego 15, 43-300 Bielsko-Biała immediately, and in any case not later than 14 days from the date on which he withdrew from the contract for the sale of Goods. The deadline is met if the Customer sends back the Goods before the expiry of the 14-day period. The direct costs of returning the Goods are covered by the Customer.
b) The Service Provider will return to the Customer all payments received from the Customer, including the costs of delivering the Goods to the Customer (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method of delivery offered by the Service Provider), immediately, and in any case not later than 14 working days from the date of withdrawal from the contract of sale of the Goods by the Customer. For international orders, regardless of the form of delivery selected, shipping costs are not refundable. The Service Provider will return payments using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly agrees to a different solution. In any case, the Customer will not incur any fees in connection with the return of the payment.

6. The Service Provider may withhold the reimbursement until receipt of the Goods or until the Service Provider is provided with proof of its return, depending on which event occurs first.

7. The Customer is responsible for the decrease in the value of the Goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the Goods.

8. The right of withdrawal referred to in this paragraph is not entitled to the Customer in relation to the contracts indicated in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), including contracts:

a) in which the price or remuneration depends on fluctuations in the financial market over which the Service Provider has no control and which may occur before the deadline for withdrawing from the contract;
b) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs;
c) in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
d) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
e) in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
f) in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or supplies items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or items

9. Withdrawal from the contract for orders carried out during the promotion offering a free product when ordering a certain amount of other products is possible only for the entire order to which the contract applies. It is not possible to withdraw from the contract partially and return only paid products that are part of the order.

10. Exchange requests are accepted at the Customer Service Department. At the time of requesting an exchange, the Customer should provide the number of his order, the returned product and the exchanged product. To do this, complete the returns and exchanges form available on the website.

11. Customers who have placed an online order can return the product at the physical store, which allows them to avoid shipping costs. The return requires a completed return form and proof of purchase (if issued). Please note that the physical store serves only as a drop-off point, and returns are sent to the central warehouse once a week. The return process starts when the parcel is delivered to the warehouse. Complaints are also accepted at the physical store, but they are processed by the central warehouse. Physical store address: CH Wroclavia - Westfield, ul. Sucha 1, 50-086 Wrocław.

Exchange of goods

1. The Customer who is a consumer may ask the Service Provider to exchange the purchased Goods for another copy of the same Goods.

2. Exchange requests are accepted at the Customer Service Department. At the time of requesting an exchange, the Customer should provide the number of his order, the returned product and the exchanged product. To do this, complete the returns and exchanges form available on the website.

3. If the Service Provider agrees to replace the Goods, the shipping costs are covered by the Buyer.

Recipient:
Carpatree sp. z o.o.
Czajkowskiego 15
43-300 Bielsko-Biala
Poland

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