TERMS AND CONDITIONS OF THE ONLINE STORE

§ 1 GENERAL PROVISIONS

1. Sklep www.podkogutkiem.com/en/shop operates under the principles outlined in these Terms and Conditions.
2. These Terms and Conditions define the terms for concluding and terminating Product Sales Agreements, the complaint procedure, the types and scope of services provided electronically by the store www.podkogutkiem.com/en/shop, the rules for providing these services, and the conditions for concluding and terminating electronic service agreements.
3. Every Service User, upon commencing activities aimed at using the Electronic Services of the store www.podkogutkiem.com/en/shop, is obligated to comply with the provisions of these Terms and Conditions.
4. W sprawach nieuregulowanych w niniejszym Regulaminie mają zastosowanie przepisy:
   1. The Act on Electronic Service Provision of July 18, 2002,
   2. The Consumer Rights Act of May 30, 2014,
   3. The Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016,
   4. The Civil Code Act of April 23, 1964, and other applicable provisions of Polish law.

§ 2 DEFINITIONS

1. ORDER FORM: A form available on the website www.podkogutkiem.com/en/shop enabling the placement of an Order.
2. CLIENT: A Service User intending to or having concluded a Product Sales Agreement with the Seller.
3. CONSUMER: A natural person performing a legal action with an entrepreneur not directly related to their business or professional activity.
4. ENTREPRENEUR: A natural person, legal entity, or organizational unit without legal personality, granted legal capacity by law, conducting business or professional activities on their behalf.
5. PRODUCT: A movable item available in the store, which is the subject of a Sales Agreement between the Client and the Seller.
6. TERMS AND CONDITIONS: These terms and conditions of the store.
7. STORE: The online store operated by the Service Provider at www.podkogutkiem.com/en/shop.
8. SELLER, SERVICE PROVIDER – Karczma w Krzywaczce Maria Strzebońska, NIP 6791338766
9. SALES AGREEMENT: A sales agreement for the Product concluded between the Client and the Seller via the Store.
10. ORDER: A declaration of intent by the Client, constituting an offer to conclude a Sales Agreement for the Product with the Seller.
11. PRICE: The monetary value the Client is obligated to pay the Seller for the Product.

§ 3 PRODUCT INFORMATION AND ORDERING

1. The store www.podkogutkiem.com/en/shop sells Products online.
2. Products offered in the store are new, conform to the agreement, and have been legally introduced to the Polish market.
3. The information on the store’s website does not constitute an offer as defined by law. By placing an Order, the Client makes an offer to purchase a specified Product under the conditions specified in its description.
4. The Product Price displayed on the store’s website is in Polish zlotys (PLN) and includes all components. The Price does not include delivery costs.
5. Orders can be placed via the website using the Order Form (www.podkogutkiem.com/en/shop) – 24/7, all year round.
6. To place an Order in the Store, the Client must familiarize themselves with the Terms and Conditions and accept their provisions during the ordering process.

§ 4 CONCLUDING THE SALES AGREEMENT

1. To conclude a Sales Agreement, the Client must first place an Order as specified in § 3, points 5 and 6 of the Terms and Conditions.
2. Upon placing an Order, the Seller promptly confirms its receipt.
3. The confirmation of Order receipt, as mentioned in point 2 of this section, binds the Client to their Order. The confirmation is sent via email.
4. The confirmation email includes:
   1. Confirmation of all essential Order details,
   2. A withdrawal form,
   3. These Terms and Conditions, including information about the right to withdraw from the agreement.
5. Upon the Client’s receipt of the confirmation email mentioned in point 4 of this section, the Sales Agreement between the Client and the Seller is deemed concluded.
6. Every Sales Agreement will be confirmed by a proof of purchase attached to the Product.

§ 5 PAYMENT METHODS

1. The Seller provides the following payment methods:
   1. Bank transfer to the Seller’s account.
   2. In-person payment at Karczma w Krzywaczce.
2. For bank transfers, payments should be made to the following account: 40 1240 5051 1111 0010 2525 5659 (Bank PKO S.A.). The transfer title should include “Order no. …”
3. Clients are required to make payment for the Sales Agreement within 7 business days of its conclusion unless the Sales Agreement states otherwise.
4. The Product will only be dispatched after payment is completed.

§ 6 COST, TIME, AND METHODS OF PRODUCT DELIVERY

1. Products can only be collected in person at Karczma w Krzywaczce, 32-442 Krzywaczka 7, during the restaurant’s operating hours.

§ 7 PRODUCT COMPLAINTS

1. Reklamacja z tytułu braku zgodności Produktu z umową.
   1. The basis and scope of the Seller’s liability to a Consumer Client for non-compliance with the agreement are defined by the Consumer Rights Act of May 30, 2014.
   2. The basis and scope of the Seller’s liability to an Entrepreneur Client under warranty are defined by the Civil Code Act of April 23, 1964.
   3. The Seller is liable to the Consumer Client for non-compliance existing at the time of Product delivery and revealed within two years from that time unless the Seller specifies a longer validity period.
   4. Notifications about Product non-compliance and related claims can be made via email to karczma@podkogutkiem.com or in writing to Karczma w Krzywaczce, 32-442 Krzywaczka 7.
   5. The Consumer is required to provide as much information as possible about the complaint, including the type and date of the issue and contact details. This information facilitates the Seller’s review of the complaint.
   6. The Consumer must make the Product available to the Seller for inspection. The Seller will collect it at their expense.
   7. The Seller will respond to the complaint promptly, no later than 14 days after it is submitted.
   8. In the case of a complaint from a Customer who is a Consumer – failure to deal with the complaint within 14 days of its notification is tantamount to acceptance of the complaint,
   9. If the complaint is justified, the Seller will:
      a) Cover the costs of Product replacement and re-delivery,
      b) Reduce the Product price proportionally and refund the reduced amount within 14 days of receiving the price reduction declaration,
      c) In case of withdrawal, refund the Product price within 14 days of receiving the returned Product or proof of its return.

§ 8 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. Subject to point 10 of this paragraph, a Client who is also a Consumer, and has entered into a distance contract, may withdraw from it without providing any reasons by submitting a relevant statement within 14 days.
2. In the event of withdrawal from the contract, the Sales Agreement is considered void, and the Consumer is obligated to return the Product to the Seller or hand it over to a person authorized by the Seller for collection immediately, but no later than 14 days from the day the Consumer withdrew from the contract, unless the Seller has proposed to collect the Product themselves. To meet the deadline, it is sufficient to return the Product before the deadline.
3. In the case of withdrawal from the Sales Agreement, the Product should be returned to the address: Karczma w Krzywaczce, 32-442 Krzywaczka 7.
4. The Consumer is responsible for the decrease in the value of the Product resulting from the use of the Product in a manner beyond what is necessary to ascertain its nature, characteristics, and functioning, unless the Seller did not inform the Consumer or the entity referred to in § 10 about the method and time of exercising the right of withdrawal from the contract and did not provide a withdrawal form. To ascertain the nature, characteristics, and functioning of the Product, the Consumer should handle the Product and check it only in the same way they would be able to do in a physical store.
5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with the delivery costs using the same payment method the Consumer used, unless the Consumer has explicitly agreed to a different return method that does not incur any costs for them. Subject to point 7 of this paragraph, the refund will occur promptly, and no later than 14 days from the moment the Seller receives the statement of withdrawal from the Sales Agreement.
6. If the Seller has not proposed to collect the Product from the Consumer, they may withhold the refund of the payment received from the Consumer until the Product is returned or proof of its return is provided, whichever occurs first.
7. The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, will only bear the costs of returning the Product to the Seller.
8. The fourteen-day period in which the Consumer can withdraw from the contract applies to an agreement under which the Seller delivers the Product and is obligated to transfer its ownership – starting from the day the Consumer (or a third party designated by them other than the carrier) takes possession of the Product.
9. The right of withdrawal from a distance contract does not apply to the Consumer in the case of a Sales Agreement, among others, where the subject of the service is a non-prefabricated good made according to the Consumer’s specifications or tailored to their individual needs.
10. The right of withdrawal from the Sales Agreement applies to both the Seller and the Client in the case of non-performance of the contract by the other party within the strictly specified deadline.

§ 9 TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider allows, through the Store, the use of an Electronic Service, which is the conclusion of Sales Agreements for Products.
2. The provision of Electronic Services to Service Recipients in the Store is done under the terms set out in the Terms and Conditions.
3. The Service Provider has the right to place advertising content on the website of the Store. These contents are an integral part of the Store and the materials presented in it.

§ 10 CONDITIONS FOR PROVIDING AND CONCLUDING CONTRACTS FOR ELECTRONIC SERVICES

1. The provision of the Electronic Service specified in § 9 point 1 of the Terms and Conditions by the Service Provider is free of charge.
2. The contract for providing the Electronic Service, which enables placing an Order in the Store, is concluded for a specified period and terminates once the Order is placed or the Service Recipient ceases to place the Order.
3. The technical requirements necessary to cooperate with the telecommunication system used by the Service Provider are:
   1. A computer (or mobile device) with Internet access,
   2. Access to electronic mail,
   3. An Internet browser,
   4. Enabling Cookies and Javascript in the browser.
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good customs, respecting personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to provide accurate and truthful data.
   1. The Service Recipient is prohibited from providing unlawful content.

§ 11 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints related to the provision of the Electronic Service through the Store may be submitted by the Service Recipient via email to: karczma@podkogutkiem.com
2. In the above email, as much information as possible about the complaint should be provided, especially the type and date of the issue and contact details. Providing this information will greatly facilitate and speed up the complaint process.
3. The Service Provider will review the complaint promptly, but no later than 14 days from the date of submission.
4. The response from the Service Provider regarding the complaint will be sent to the email address provided by the Service Recipient in the complaint submission or in another manner specified by the Service Recipient.

§ 12 FINAL PROVISIONS

1. Contracts concluded through the Store are governed by Polish law.
2. In the event of any part of the Terms and Conditions conflicting with applicable law, the relevant provisions of Polish law will apply in place of the contested provisions.
3. Any disputes arising from Sales Agreements between the Store and Consumers will first be resolved through negotiations, with the intention of amicably resolving the dispute, in accordance with the Act on out-of-court resolution of consumer disputes. If this is not possible or is unsatisfactory for either party, the disputes will be settled by the competent common court, as specified in point 4 of this paragraph.
4. Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer will be subject to the courts designated according to the provisions of the Civil Procedure Code of November 17, 1964.
5. The Client who is a Consumer also has the right to use out-of-court methods of dispute resolution, in particular by submitting a request for mediation or for the case to be examined by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available at the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also seek free assistance from the local (municipal) consumer ombudsman or a social organization whose statutory activities include consumer protection. Out-of-court claims after the complaint procedure are free of charge.
6. The Consumer may submit a complaint via the ODR platform (Online Dispute Resolution) at: http://ec.europa.eu/consumers/odr/.