§ 1 Definitions

• Regulations - these Rules, specifying the principles for the conclusion of distance sales agreements through the Internet Store, the principles for the performance of these agreements, the rights and obligations of the parties to the distance sales agreement and the principles for the complaint procedure. With regard to services provided by electronic means, the Regulations are respectively the regulations referred to in article 8 of the Act on Provision of Electronic Services.
  

• Customer - a natural person with full legal capacity, a legal person or an organisational unit without legal personality, to which legal capacity is granted by law, which concludes a Distance Sales Agreement with the Seller.
  

• Consumer - consumer within the meaning of article 22 1 of the Civil Code. According to the statutory definition: a Consumer is a natural person making a legal transaction with an entrepreneur which is not directly connected with his/her business or professional activity.
  

• A sole trader making a non-professional purchase - a natural person concluding a Distance Sales Agreement directly related to his/her business activity, when the content of this Agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, to whom the law grants the right to: withdraw from the Agreement on the principles granted to Consumers, to apply the provisions on prohibited clauses used in standard agreements and concerning liability under warranty for defects of the sold thing.
  

• Vendor:
  COFFEEINA Sp. z o.o.
  Customer service +48 697 538 466
  E-mail: bok@coffee-ina.com
  Poland NIP: 8961608310,
  REGON: 520525591
  

• Seller's registered address:
  83B/4 Wroclawska Street
  55-093 Kiełczów,
  

• Online shop - internet service run by the Seller, available at the following electronic addresses: coffee-ina.com, through which the Client may obtain information about the Goods and their availability and purchase the Goods or order service.
  

• Distance selling contract - contract of sale of Goods/provision of services/delivery of digital content (if applicable), concluded via the Internet Shop.
  

• Goods - a movable item that the Customer may purchase in the Online Shop.
  

• Privacy and cookies policy of the online shop - a document setting out detailed rules for the processing of personal data and the use of cookies. The Privacy and Cookies Policy constitutes Attachment No. 3 to the Regulations and is available at https://coffee-ina.com/i/polityka-prywatnosci/ .
  

• Durable media - means any material or device enabling the Customer or the Vendor to store information addressed personally to him in a way accessible for future reference for a period of time adequate to the purposes of the information and which allows the unchanged reproduction of the stored information, in particular electronic mail.
  

• Electronic order form - the electronic ordering procedure made available by the Seller to the Buyer.
  

• Return and complaint form - detailed description of the returns and complaints procedure made available by the Seller to the Buyer; available at https://coffee-ina.com/i/zwroty-i-reklamacje/
  

• Sending an order - Confirmation of the order by clicking the "Order and pay" button by the Customer, which is treated as a submission of a binding declaration of intent by the Customer to conclude a Distance Sales Agreement with the Seller.
  

• Account - a set of data stored in the Online Shop and in the Seller's IT system concerning a given Client, as well as orders placed by him and distance sales agreements concluded, with the use of which the Client may place orders, as well as cancel or edit them in due time and conclude distance sales agreements.

§ 2 General provisions

2.1 Types and scope of services provided electronically:

• concluding online sales contracts - with regard to Goods sold in the Internet Shop,

• principles of registration and using an Account in the Internet Shop,

• Adding reviews, comments and ratings - The customer can add a review or comment to their order,

• sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, acceptance of the order for execution.

2.2 The use of the Internet Shop is possible on condition that the computer system used by the Customer meets the following minimum technical requirements:

• up-to-date web browsers, e.g:

  • Firefox

  • Chrome

  • Internet Explorer

• any program for viewing files in PDF format.

2.3 The content placed on the pages of the Internet Shop, including descriptions of Goods and prices constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code. They become binding - for the purpose of concluding a specific contract - only at the moment of sending the order by the Customer, which takes place by clicking the button "Order and pay".

2.4 The Seller makes these Terms and Conditions together with the Annexes available through a link on the home page before, during and after the conclusion of the Distance Selling Contract. The Buyer may download it and make a printout.

2.5 In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organisational measures appropriate to the degree of security of the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transmitted on the Internet.

§ 3 Procurement

3.1 An order in the On-line shop can be placed through an Account or choose the option of purchase without registration, in which case an internal account is created, on the basis of which the Customer can create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.

3.2 The purchase shall be made by filling in an electronic order form available on the websites of the Internet Shop. The choice of the ordered Goods is made by adding them to the basket. The electronic order form specifies, among others, which Goods the Client wishes to order, at what price and in what quantities, to the location indicated by the Client. The Customer takes the appropriate technical steps based on the displayed messages.

3.3 After the Customer has entered all the necessary data, a summary of the placed order will be displayed. The order summary shall contain information on: data identifying the Seller, subject of the order, unit and total price of the ordered Goods, including delivery costs and other costs, if any, selected method of payment, selected method of delivery, time and cost of delivery.

3.4 If the subject of the contract is the supply of digital content which is not recorded on a tangible medium or services provided electronically or at a distance - the Consumer gives the following consent in the additional checkbox required for placing an order and located on the Electronic Order Form: "I agree to the delivery of digital content that is not recorded on a tangible medium or to the commencement of the service before 14 days from the date of conclusion of the contract and I acknowledge the loss of my right of withdrawal". The seller will confirm receipt of the above consent by e-mail.

3.5 In order to place an Order it is necessary to provide in the Electronic Order Form the personal data marked as obligatory, to accept the content of the Regulations, to send the Order by pressing the button "Order and pay".

3.6. Sending an electronic order form by the Customer constitutes a binding declaration of intent to conclude a Distance Selling Agreement, in accordance with the content of these Terms and Conditions.

3.7 The agreement of sale at a distance is considered concluded at the moment of acceptance of the electronic order form by the Seller, which is confirmed by displaying to the Buyer a message confirming acceptance of the order and providing its number.

3.8 After concluding a Remote Sales Agreement, the Customer receives a confirmation of the order in the form of an e-mail message, which includes: confirmation of acceptance of the order and final confirmation of all the essential elements of the Order and general conditions of the concluded Remote Sales Agreement (Regulations of the Online Shop with Annexes No. 1 and 2), Seller's data, Seller's responsibility for the quality of performance, about services provided by the Seller after the sale and about the method and effects of withdrawing from the agreement. Instructions on the manner and effects of withdrawing from the contract are included in the information on returns and complaints at https://coffee-ina.com/i/zwroty-i-reklamacje.

3.9. Until the Seller starts the processing of the order:

• The Customer can change his/her order by using the technical solution available on the Electronic Order Form and by going through the whole ordering process again. The change of the order takes place by placing a new order, which replaces the previously placed order. If necessary, the payment made by the Customer is credited to the new order, and in case of overpayment, it is returned to the bank account from which the payment was made.

• The customer may cancel his order until the end of the current day on which the order was placed by contacting customer service directly at the following email address: bok@coffee-ina.com or by telephone: +48 697 538 466

• If the Customer cancels the order, the Seller will refund the payment received within 7 working days. The payment will be refunded using the same method of payment used by the Customer.

• The order processing time is described in the information about the order processing time at https://coffee-ina.com/i/czas-realizacji-zamowienia/.

§ 4 Payment

4.1 The Internet Shop offers the possibility of making payments in the form of prepayments. Deferred payment option is possible in situations individually agreed with the Seller.

4.2 Payment for the goods can be made by the method chosen at the time of placing the order on the Electronic Order Form.

4.3 Currently available payment methods in the form of prepayments in the Internet Shop are available at https://coffee-ina.com/i/formy-platnosci.

§ 5 Delivery

5.1 On the electronic order form the Customer chooses the method of delivery by ticking the choice made. The Seller reserves the right to change the method of delivery chosen by the Customer without any additional costs for the Customer.

5.2 In case when the Goods are not collected by the Client, which results in return of the Goods to the Seller - the Seller may terminate the sale contract. The withdrawal from the contract takes place by submitting to the Client a statement in the form of an e-mail message.

5.3 In the situation indicated in point 2, the Seller shall be obliged to immediately return to the Customer the payment received for the Goods purchased by the Customer.

5.4 Currently available information about the time, costs and methods of delivery in the Internet Shop is available at https://coffee-ina.com/i/czas-i-koszty-dostawy.

§ 6 Withdrawal from the contract - return form

6.1 The Buyer who is a Consumer who has entered into a Remote Sales Agreement, may within 14 days withdraw from it without giving any reason. In the case of withdrawal from a Distance Selling Agreement, the Agreement shall be considered as not concluded.

6.2 A natural person who runs a sole proprietorship making a non-professional purchase shall also have the right to withdraw from the agreement on the principles specified in Chapters 6 and 7 of these Regulations.

6.3 The Seller shall verify the right to submit the declaration of withdrawal from the Agreement by the person indicated in Section 2. Verification is conducted by checking whether the concluded Agreement has no professional character for this person - which in particular is done by analysing the PKD codes indicated in the Central Business Activity Register and Information.

6.4 In the case of recognition that the purchase of the Goods made by a person running a sole proprietorship at the Online Store was of a professional nature - the Seller shall immediately, i.e. no later than within 7 working days of receipt of the declaration of withdrawal - inform the person making the declaration, that due to the professional nature of the purchase made - there is no right to withdraw, and thus the declaration of withdrawal from the agreement - has no legal effect. If, together with the declaration of withdrawal, the Goods have been physically returned - the Goods shall be sent back at the expense of the person making the declaration and to the address data previously provided in the Order. The Seller's reply shall be given using the same method as the one used by the person making the declaration.

6.5 In the case of withdrawal from the contract - the Consumer shall only bear the direct costs of returning the Goods.

6.6 The Consumer's declaration must unequivocally express his wish to withdraw from the contract, in particular the Consumer may:

• use the return form available on the website of the Online Shop: https://coffee-ina.com/i/zwroty-i-reklamacje

• withdraw from the contract using the withdrawal form attached hereto as Annex No. 2 - by sending it to the address of the Seller's registered office.

• The Seller shall immediately confirm on a durable medium the fact of receipt of the notice of withdrawal submitted in the manner indicated in points 1 and 2.

6.7. Sending the declaration before the deadline is sufficient to meet the deadline.

6.8 The period for withdrawal shall begin:

• for a contract in the performance of which the Seller issues the Goods being obliged to transfer their ownership - from taking possession of the Goods by the Consumer or a third party indicated by him other than the carrier, and in the case of a contract which:

  • includes multiple items which are delivered separately, in batches or in parts, from taking possession of the last item, batch or part;

  • consists in the regular delivery of goods during a defined period of time from the taking possession of the first item;

• for other contracts - from the date of conclusion of the contract.

6.9 The form of declaration of withdrawal (available at: https://coffee-ina.com/i/zwroty-i-reklamacje being Annex No. 2) and information concerning the exercise of the right of withdrawal (Annex No. 1 to these Regulations) are provided in the electronic form indicated in section 3.5.3 of these Regulations.

6.10. The right to withdraw from a Distance Sales Contract shall not apply to the contracts indicated in Article 38 of the Act of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, inter alia Contracts:

• in which the price or remuneration is dependent on fluctuations in the financial market which are not controlled by the trader and which might occur before the end of the withdrawal period;

• where the object of the supply is a non-refabricated item produced to the Customer's specification or intended to meet the Customer's individual needs;

• where the object of the supply is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;

• where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery;

• for the supply of digital content and electronic licences which are not recorded on a tangible medium where performance has begun with the consumer's express consent before the end of the period for withdrawal and after the trader has informed the consumer of the loss of the right of withdrawal;

• in which the object of the supply is a perishable item or an item with a short shelf life and in which the object of the supply is an item which is inseparable from other items after delivery;

• for the supply of newspapers, periodicals or magazines with the exception of subscription contracts;

• concluded by public auction;

• for the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period for the provision of the service;

• where the performance consists of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which is dependent on fluctuations in the market which cannot be controlled by the trader;

§ 7 Effects of withdrawal from the contract of sale of goods

7.1 The Seller shall, within 14 days from the date of receipt of a statement of withdrawal from the Sales Agreement of the item, return to the Consumer all payments made by him, including the costs of delivery corresponding to the cheapest method of delivery offered by the Seller.

• The payment shall be reimbursed using the same means of payment used by the Consumer.

• If the Consumer, in order to exercise the right of withdrawal, uses the Electronic Return Form, the funds will be returned by the chosen method and to the bank account specified by the Consumer.

7.2 If the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the reimbursement of the payment received from the Consumer until he has received the Goods back or the Consumer has supplied evidence of having sent them back, whichever event occurs first.

7.3 The Seller may propose to the Consumer that he will collect the item from him. However, if the Seller has not made such a proposal - the Consumer should return the item to the Seller (or a person authorized by the Seller to receive) immediately, but no later than 14 days from the date on which withdrawal from the contract. To meet the deadline is sufficient to return the item before its expiry. Goods that the Consumer returns should be sent to the address of the Seller's registered office or warehouse.

7.4 The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond that which is necessary to establish the nature, characteristics and functioning of the Goods.

§ 8 Complaints

8.1 The Seller shall be obliged to deliver the Goods free from physical and legal defects and shall be liable to the Customer for physical and legal defects of the purchased Goods under the terms of the Civil Code.

8.2 If the Goods have physical or legal defects, the Buyer may submit a complaint to the Seller under the warranty for defects:

• via the complaint form available at https://coffee-ina.com/i/zwroty-i-reklamacje

• in writing to the Seller's registered address or by e-mail to bok@coffee-ina.com.

• The complaint shall specify the defect that the Buyer claims the goods have, the claims against the Seller and if possible - document the defect in question. The Seller shall respond to the complaint within 14 days of its receipt. If he does not give an answer within the aforementioned time limit, it shall be deemed that he has accepted the complaint. The response to the complaint shall be provided by the Seller to the Purchaser in writing or on a Durable Media.

• The steps to be taken by the Buyer in order to lodge a complaint, including the manner of delivery of the Goods complained of to the Seller are indicated at various stages in the Electronic Complaint Form.

• If the Seller recognizes the complaint as justified: the cost of replacement, repair, including the cost of shipping related to the complaint Goods shall be borne by the Seller.

• The Seller verifies whether a complaint submitted by a natural person running a sole proprietorship making a purchase of a non-professional nature is of a non-professional nature for that person. Verification is done by analyzing PKD codes indicated in the Central Register of Business Activity and Information.

• If, following a complaint submitted by the Consumer, the dispute has not been resolved, the Seller shall provide the Consumer with a statement on paper or on another durable medium about:

  • the intention to request or agree to participate in a procedure for the out-of-court settlement of consumer disputes, or

  • to refuse to participate in an out-of-court settlement of consumer disputes procedure.

§ 9 Intellectual property

9.1 The Customer declares that he/she is not entitled to any rights, including copyright or related rights to the evaluations and statements made by him/her, except the right to use the Online Store in the manner specified in the Terms and Conditions. The Customer is not entitled to any recording, multiplying, making available, publicising or distributing of the content, unless such a right results from the provisions of the law or the Regulations.

9.2 The Customer shall not be entitled to interfere in any way with the content, in particular the content, structure, form, graphics, operating mechanism or other elements of the Internet Shop.

9.3 The Customer, by placing Evaluations in the Online Shop, which constitute works within the meaning of the Act of 4.2.1994 on copyright and related rights - grants the Seller a non-exclusive and free-of-charge licence, unlimited in terms of time and territory, for the Seller to use these works, together with the right to grant a sub-licence, which includes making the work available to the public in such a way that everyone can have access to it at a time and place of their choice (the Internet). The licence is granted in relation to all fields of exploitation known at the time of its granting, in particular to the following fields of exploitation:

• in terms of recording and multiplying the work by any technique - in particular by printing, reprography, magnetic recording, digital technique, i.e. using any techniques on any audiovisual or visual carrier, in particular on audiovisual discs, CDs, computer discs, in a multimedia network, including the Internet and related on-line services, as well as multiplying, recording, using on the Internet, advertising, multiplying the recording in electronic form in computer memory and in internal and external networks,

• Use of all or part of the work, or any elements of the work - with the possibility of modification resulting from the nature of the given medium - in all publications, especially online, digital, newsletters and information, alone or in combination with other works or fragments of works; use in whole or in part for promotion and advertising, especially in the form of audiovisual, audio, media advertising.

• within the scope of circulation of the original or copies on which the work has been fixed - introduction into circulation, lending, rental of the original or copies,

• within the scope of dissemination of the work in a manner other than specified above - public performance, exhibition, display, reproduction, broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can have access to it in a place and at a time chosen by themselves,

• use of works for promotional and marketing purposes;

9.4 The deletion of an Account by the Customer or the Assessors under section 9.8 does not affect the validity of the above licence.

§ 10 Final provisions

10.1 Contracts concluded through the Site shall be governed by Polish law. 

10.2 In the case of change or invalidation of any of the provisions of these Terms and Conditions by decision of a competent authority or court, the remaining provisions shall remain in force and be binding on the Seller and the Customer.

10.3 The law applicable to all disputes relating to the Rules shall be the law of Poland. These disputes will be settled by the locally competent common court. A Customer who is a Consumer may also use the out-of-court ways of dealing with complaints and claims. All the information concerning the out-of-court ways of dealing with complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at the following address: www.uokik.gov.pl. At the same time we would like to inform you that the indicated procedures are voluntary and both parties must agree to them.

10.3 On the basis of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform you that at https://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and traders at Union level (the ODR platform) is available. The ODR platform is a one-stop-shop website for consumers and traders seeking to resolve out-of-court a dispute concerning contractual obligations arising from an online sales or service contract.

10.4. These Terms of Use are valid as of 2022.05.05. 

§ 11 Annex 1 - Information on exercising the right of withdrawal

11.1 The right to withdraw from the contract on the following terms is also granted to a sole proprietor who makes a purchase of a non-professional nature, i.e. resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity. You have the right to withdraw from the contract under the following rules - the Consumer. You have the right to withdraw from this contract within 14 days without giving any reason. The deadline for withdrawal expires after 14 days:

• in the case of a sales contract, from the day on which you acquire possession of the goods or on which a third party other than the carrier and indicated by you acquires possession of the goods;

• in the case of a contract requiring the transfer of ownership of several items which are delivered separately, from the day on which you acquire possession of the last item or on which a third party other than the carrier and indicated by you acquires possession of the last item;

• in the case of a contract requiring the transfer of ownership of items supplied in instalments or portions, from the day on which you acquire possession of the last instalment or portion or on which a third party other than the carrier and indicated by you acquires possession of the last instalment or portion;

• in the case of contracts for regular delivery of goods, for a defined period of time from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, possession of the first item;

• in the case of contracts for the supply of services or digital content which is not supplied on a tangible medium, from the day of the conclusion of the contract.

11.2 To exercise your right of withdrawal, you must inform us, i.e: COFFEEINA Sp. z o.o. ul. Wrocławska 83B/4 55-093 Kiełczów, Poland NIP: 8961608310, REGON: 520525591, e-mail address: bok@coffee-ina.com, Customer Service +48 697 538 466 of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail).

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

11.4 You may also fill in the return form available on the website of the Online Shop: https://coffee-ina.com/i/zwroty-i-reklamacje. If you use this option, we will immediately send you an acknowledgement of receipt of information about your withdrawal from the contract on a durable medium.

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

11.6 If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the extra costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract. We will reimburse you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

11.7 In the case of contracts involving the transfer of ownership of an item where we have not offered to collect the Goods in the event of withdrawal, we shall withhold reimbursement until we have received the item or you have supplied us with proof of having sent back the item, whichever is the earliest.

11.8 Please send the returned item to the following address: COFFEEINA Sp. z o.o. ul. Wrocławska 83B/4 55-093 Kiełczów immediately and in any case not 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 object before the period of 14 days has expired. You will have to bear the direct costs of returning the item.

11.9 Due to the weight and size of the Goods, in the event of withdrawal from the contract - sending back the Goods may involve higher costs than ordinary postal delivery. If you wish to use the services of a courier company, it may be necessary to send the shipment on a pallet, which is more expensive than ordinary postal shipping.