These Regulations define the general conditions, principles and method of sale conducted by Trade-We SP. Z OO NIP: 967 144 09 89, REGON: 387526297 with its registered office in Bydgoszcz 85-373, ul. Maciejowicka 48. The sales agreement between the Seller and the Buyer is concluded in accordance with Polish law and in Polish via the online store i-Sofa.pl, hereinafter referred to as: "Online Store"
§ 1 Definitions
1. Working days - means days of the week from Monday to Friday, excluding public holidays.
2. Delivery - means the actual act of delivering the Goods specified in the order to the Customer by the Seller, through the Supplier.
3. Supplier - external company Zaddano.
4. Password - means a sequence of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Customer - means an entity for which services may be provided electronically in accordance with the Regulations and legal provisions or with whom a Sales Agreement may be concluded.
6. Consumer - means a natural person concluding a legal act with an entrepreneur that is not directly related to his or her business or professional activity.
7. Customer Account - means an individual panel for each Customer, launched on his/her behalf by the Seller, after the Customer has completed Registration and concluded an agreement for the provision of the Customer Account service.
8. Login - means the individual designation of the Customer, established by him, consisting of a series of letters, numbers or other characters, required together with the Password to set up a Customer Account in the Online Store. Login is the actual e-mail address of the Customer.
9. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
10. Regulations - means these regulations.
11. Registration - means the actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
12. Seller - means Trade-We SP. Z OO, NIP: 967 144 09 89, REGON: 387526297, with its registered office in Bydgoszcz according to the Central Registration and Information on Business, which is also the owner of the Online Store.
13. Online Store Website - means the websites under which the Seller runs the Online Store, operating in the domain www.i-sofa.pl
14. Goods - means a product presented by the Seller via the Store Website, which may be the subject of a Sales Agreement.
15. Durable medium - means a material or tool enabling the Customer or Seller to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and which allows the reproduction of the stored information in an unchanged form.
16. Sales Agreement - means a sales agreement concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.
§ 2 General provisions and use of the Online Store
1. All rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to templates, forms, logos posted on the Online Store Website (with the exception of certain logos and photos presented on the Online Store Website for the purpose of presenting goods, to which copyrights belong to third parties) belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations.
2. The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular Internet browsers, operating systems, device types and types of Internet connections. The minimum technical requirements for using the Online Store Website are an Internet browser of at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or newer, with Javascript support enabled, accepting "cookies" and an Internet connection with a bandwidth of at least 256 kbit/s. The Online Store Website is optimized for a minimum screen resolution of 1024×768 pixels.
3. The Seller uses the mechanism of "cookies" files, which, when Customers use the Store Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of "cookies" files is aimed at the correct operation of the Store Website on the Customers' end devices. This mechanism does not destroy the Customer's end device and does not cause configuration changes in the Customers' end devices or in the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of their end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store Website.
4. In order to place an order in the Online Store via the Store Website and to use the services available on the Store Websites, the Customer must have an active e-mail account.
5. The Customer is prohibited from providing content of an illegal nature and from using the Online Store, the Store Website or free services provided by the Seller in a manner that is contrary to the law, good customs or infringes the personal rights of third parties.
6. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized persons obtaining and modifying Customer data, therefore Customers should use appropriate technical measures that minimize the above-mentioned risks. In particular, they should use antivirus programs and programs that protect the identity of those using the Internet. The Seller never asks the Customer to provide them with a Password in any form.
§ 3 Registration
1. In order to create a Customer Account, the Customer is obliged to complete free Registration.
2. Registration is not necessary to place an order in the Online Store.
3. In order to Register, the Customer should complete the registration form provided by the Seller on the Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
4. When filling out the registration form, the Customer has the opportunity to read the Regulations and accept their content by marking the appropriate field in the form.
5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box on the registration form. In such a case, the Seller shall clearly inform about the purpose of collecting the Customer's personal data, as well as about the recipients of such data known to the Seller or expected.
6. The Customer's consent to the processing of his/her personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the Customer Account Management service. The consent may be withdrawn at any time by submitting an appropriate declaration of the Customer to the Seller. The declaration may, for example, be sent to the Seller's address via e-mail.
7. After sending the completed registration form, the Customer will immediately receive, by e-mail to the e-mail address provided in the registration form, a confirmation of Registration by the Seller. At that moment, an agreement is concluded for the provision of the Customer Account management service by electronic means, and the Customer will be able to access the Customer Account and make changes to the data provided during Registration, with the exception of the Login.
§ 4 Orders
1. The information contained on the Store Website does not constitute an offer from the Seller within the meaning of the Civil Code, but merely an invitation for Customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Store Website 7 days a week, 24 hours a day.
3. A Customer placing an order via the Store Website completes the order by selecting the Goods they are interested in. The Goods are added to the order by selecting the "ADD TO CART" command under the given Goods presented on the Store Website. After completing the entire order and indicating the method of Delivery and payment in the "CART", the Customer places the order by sending the order form to the Seller, selecting the "BUY AND PAY" button on the Store Website. Each time before sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as of all additional costs that they are obliged to incur in connection with the Sales Agreement.
4. Placing an order constitutes the submission by the Customer to the Seller of an offer to conclude a Sales Agreement for the Goods that are the subject of the order.
5. After placing the order, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.
6. Then, after confirming the order, the Seller sends information about the acceptance of the order for execution to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is a statement by the Seller about the acceptance of the offer referred to in §4 section 4 above and upon its receipt by the Customer, the Sales Agreement is concluded.
7. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or placing an order.
§ 5 Payments
1. Prices on the Store Website placed next to a given Product are gross prices and do not include information on Delivery costs and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when selecting the Delivery method and placing the order.
2. The seller undertakes to provide a current telephone number next to the product for contact purposes, as well as to show the lowest price of each product in the store (store name) that was valid in the last 30 days. In the case of a product available for sale for less than 30 days, the seller undertakes to present the lowest price valid from the date of posting the offer to the day of the promotion.
3. In the case of products with a short shelf life or subject to rapid deterioration, the seller undertakes to present the price before the first reduction.
4. The Customer may choose the following forms of payment for the ordered Goods:
- a) bank transfer to the Seller's bank account (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller's bank account);
- b) The Customer may choose the following forms of payment for the ordered Goods: BLIK payments, payment card, electronic transfer via an external payment system operated by Przelewy24 and Payuu.
5. The Customer is each time informed by the Seller on the Shop Website about the deadline within which he or she is obliged to make the payment for the order in the amount resulting from the concluded Sales Agreement.
6. In the event of the Customer's failure to make the payment within the time limit referred to in §5 section 3, the Seller shall set an additional time limit for the Customer to make the payment and shall inform the Customer about it on a Durable Medium. Information about the additional time limit for making the payment shall also include information that after the unsuccessful expiry of this time limit, the Seller shall withdraw from the Sales Agreement. In the event of the unsuccessful expiry of the second time limit for making the payment, the Seller shall send the Customer on a Durable Medium a declaration of withdrawal from the agreement pursuant to Article 491 of the Civil Code.
§ 6 Delivery
1. The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement free from defects.
2. The Seller posts information on the number of Business Days needed for Delivery and order fulfillment on the Store Website.
3. The Delivery and order fulfillment deadline indicated on the Store Website is counted in Business Days in accordance with §6 section 2.
4. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
5. On the day the Goods are sent to the Customer, information confirming the shipment by the Seller is sent to the Customer's e-mail address.
6. The Customer should examine the delivered shipment at the time and in the manner accepted for shipments of that type, in the presence of the Supplier's employee. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Supplier's employee draw up an appropriate protocol.
7. The Seller, in accordance with the Customer's will, attaches a receipt or VAT invoice covering the delivered Goods to the shipment that is the subject of Delivery.
8. In the event of the Customer's absence at the address indicated by him, given when placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact him by phone to establish a date when the Customer will be present. In the event of the return of the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or phone, establishing with the Customer again the date and cost of Delivery.
§ 7 Warranty
1. The Seller ensures Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
2. If the Product is defective, the Customer may:
- a) submit a declaration of a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Goods with defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the seller or the seller has not fulfilled the obligation to replace the Goods with defect-free Goods or remove the defects. Instead of the removal of the defect proposed by the Seller, the Customer may request the replacement of the Goods with defect-free Goods or, instead of the replacement of the Goods, request the removal of the defect, unless bringing the item into conformity with the agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the Goods free from defects, the type and significance of the identified defect are taken into account, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction.
- b) demand the replacement of the defective Goods with defect-free ones or the removal of the defect. The Seller is obliged to replace the defective Goods with defect-free ones or to remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if bringing the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the second possible method of bringing them into compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
3. A Customer who exercises warranty rights is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer, the Seller covers the cost of delivery.
4. The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of issue of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with defect-free ones expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration of a price reduction due to the defect of the Goods. If the Customer requested the replacement of the Goods with defect-free ones or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a declaration of a price reduction begins at the moment of ineffective expiry of the period for replacement of the Goods or removal of the defect.
§ 8 Complaints
1. Any complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to the Seller’s address.
2. The Seller will respond to the complaint regarding the Goods or the complaint related to the performance of the Sales Agreement submitted by the Customer within 14 days from the date of the request containing the complaint.
3. The Customer may file a complaint with the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be filed in electronic form and sent to the address: Zakupy@i-sofa.pl. In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but no later than within 14 days, consider the complaint and provide the Customer with an answer.
§ 9 Withdrawal from the Sales Agreement
1. A Customer who is a Consumer and has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason or withdraw from it within 60 days by giving a reason and being a registered user/club member when placing the order.
2. The period for withdrawal from the Sales Agreement begins from the moment the Customer takes possession of the Goods. The Customer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. The declaration may be submitted on a form, the template of which has been posted by the Seller on the Store's Website at: Withdrawal form. To meet the deadline, it is sufficient to send the declaration before it expires.
3. In the event of withdrawal from the Sales Agreement, it is considered as not concluded.
4. If the Customer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the Sales Agreement, return all payments made by him, including the cost of Delivery of the Goods to the Customer. The Seller may withhold the return of payments received from the Customer until the Goods are received back or the Customer provides proof of sending back the Goods, depending on which event occurs first.
6. If the Customer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest standard method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Customer for the additional costs incurred by him.
7. The Customer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the Goods to the Seller's address before the expiry of this deadline.
8. In the event of withdrawal, the Customer shall bear only the direct costs of returning the Goods.
9. If, due to their nature, the Goods cannot be returned by post in the normal manner, the Seller shall inform the Customer about the costs of returning the goods on the Store's Website.
10. The Customer is liable for any reduction in the value of the Goods resulting from their use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
11. The Seller shall refund the payment using the same method of payment that the Customer used, unless the Customer has expressly agreed to another method of refund that does not involve any costs for him.
§ 10 Free services
1. The Seller provides free services to Customers electronically:
- a) Maintaining the Customer Account;
- b) Posting reviews.
2. The services indicated in §10 section 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to select and change the type, form, time and method of granting access to selected services, about which it will inform Customers in a manner appropriate for changing the Regulations.
4. The Newsletter service can be used by any Customer who enters their e-mail address using the registration form provided by the Seller on the Store Website. After sending the completed registration form, the Customer immediately receives confirmation from the Seller by e-mail to the e-mail address provided in the registration form. At that moment, an agreement for the provision of the Newsletter service by e-mail is concluded. Additionally, during Registration, the Customer may check the appropriate box in the registration form in order to subscribe to the Newsletter service.
5. The Newsletter service consists of sending by the Seller, to the e-mail address, a message in electronic form containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
6. Each Newsletter addressed to specific Customers contains, in particular: information about the sender, a completed "subject" field specifying the content of the shipment and information about the possibility and method of unsubscribing from the free Newsletter service.
7. The Customer may at any time resign from receiving the Newsletter by unsubscribing using the link provided in each e-mail sent as part of the Newsletter service or by activating the appropriate field in the Customer Account.
8. The Customer Account Management Service is available after Registration on the terms described in the Regulations and consists of providing the Customer with a dedicated panel within the Shop Website, enabling the Customer to modify the data provided during Registration, as well as track the status of orders, as well as the history of orders already completed.
9. A Customer who has registered may submit a request to delete the Seller's Customer Account, and in the event of a request to delete the Customer Account by the Seller, it may be deleted within 14 days of submitting the request.
10. The Posting Opinions service consists in enabling the Seller to enable Customers who have a Customer Account to publish on the Store Website the Customer's individual and subjective statements, in particular concerning the Goods.
11. Resignation from the Posting opinions service is possible at any time and consists in ceasing to post content by the Customer on the Store's Website.
12. The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller or other Customers, the Customer violates legal regulations or provisions of the Regulations, and also when blocking access to the Customer Account and free services is justified by security reasons - in particular: the Customer breaking the security of the Store Website or other hacking activities. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services electronically to the address provided by the Customer in the registration form.
§ 11 Customer's responsibility regarding the content he posts
1. By posting content and making it available, the Client is voluntarily disseminating content. The posted content does not express the views of the Seller and should not be identified with its activities. The Seller is not a content provider, but only an entity that provides appropriate IT resources for this purpose.
2. The Client declares that:
- a) is entitled to use the copyrights, industrial property rights and/or related rights to – respectively – the works, the subjects of industrial property rights (e.g. trademarks) and/or related rights that make up the content;
- b) the placement and disclosure within the services referred to in §11 of personal data, image and information relating to third parties took place legally, voluntarily and with the consent of the persons concerned;
- c) consents to access the published content by other Customers and the Seller, and authorizes the Seller to use it free of charge in accordance with the provisions of these Regulations;
- d) consents to the adaptation of works within the meaning of the Copyright and Related Rights Act.
3. The customer is not entitled to:
- a) posting, when using the services referred to in §10, personal data of third parties and disseminating the image of third parties without the consent of the third party required by law;
- b) posting advertising and/or promotional content when using the services referred to in §10.
4. The Seller is responsible for the content posted by Customers provided that he receives notification in accordance with §12 of the Regulations.
5. Customers are prohibited from posting content when using the services referred to in §10 that could, in particular:
- a) be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
- b) violate any rights of third parties, including rights relating to the protection of copyright and related rights, the protection of industrial property rights, trade secrets or confidentiality obligations;
- c) be of an offensive nature or constitute a threat directed at other people, contain vocabulary that violates good manners (e.g. through the use of vulgarisms or terms generally considered offensive);
- d) be contrary to the interests of the Seller;
- e) otherwise violate the provisions of the Regulations, good customs, applicable legal provisions, social or moral norms.
6. In the event of receiving a notification in accordance with §12 of the Regulations, the Seller reserves the right to modify or remove content posted by Customers as part of their use of the services referred to in §10, in particular with respect to content that, based on reports from third parties or relevant authorities, has been found to constitute a violation of these Regulations or applicable law. The Seller does not conduct ongoing control of posted content. The Seller declares that the opinions posted on the website (name of the website) are the opinions of users who use the purchased products. The Seller declares support for such a state of affairs based on the data of customers contained in the store's database who made a purchase.
7. The Customer consents to the free use by the Seller of the content posted by him on the Store Website.
§ 12 Reporting a threat or violation of rights
1. If the Customer or another person or entity believes that the content published on the Store Website violates their rights, personal rights, good customs, feelings, morality, beliefs, principles of fair competition, know-how, secrets protected by law or under an obligation, they may notify the Seller of a potential violation.
2. The Seller, upon being notified of a potential infringement, shall take immediate action to remove the content causing the infringement from the Store Website.
§ 13 Personal data protection
1. The administrator of the personal data of Customers provided to the Seller voluntarily as part of Registration, placing a one-time order and as part of the provision of services by the Seller electronically or under other circumstances specified in the Regulations is the Seller.
2. The Seller processes the personal data of Customers for the purpose of fulfilling orders, providing services by electronic means by the Seller and other purposes specified in the Regulations. Data is processed solely on the basis of legal regulations or the consent expressed by the Customer in accordance with applicable legal regulations.
3. The set of personal data provided to the Seller is reported by the Seller to the Inspector General for Personal Data Protection.
4. The Customer provides his/her personal data to the Seller voluntarily, with the reservation, however, that failure to provide certain data in the Registration process prevents Registration and creation of a Customer Account and prevents the submission and execution of the Customer's order in the case of placing an order without Registration of a Customer Account.
5. Anyone who provides the Seller with their personal data has the right to access their content and to correct them.
6. The Seller shall ensure the possibility of deleting personal data from the maintained collection, in particular in the event of deletion of the Customer Account. The Seller may refuse to delete personal data if the Customer has not settled all liabilities to the Seller or has violated applicable legal regulations, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability.
7. The Seller protects the personal data provided to it and makes every effort to protect it against unauthorized access or use.
8. The Seller transfers the Customer’s personal data to the Supplier to the extent necessary to complete the Delivery.
§ 14 Termination of the contract (does not apply to Sales Agreements)
1. Both the Customer and the Seller may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned agreement and the provisions below.
2. The Customer who has registered terminates the contract for the provision of services by electronic means by sending an appropriate declaration of intent to the Seller, using any means of distance communication that enables the Seller to become familiar with the Customer's declaration of intent.
3. The Seller terminates the contract for the provision of services electronically by sending an appropriate declaration of intent to the Customer to the e-mail address provided by the Customer during Registration.
§ 15 Final provisions
1. The Seller shall be liable for failure to perform or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of the losses actually incurred by the Customer who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store's Website.
3. In the event of a dispute arising from the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
4. Each Client may use out-of-court methods of handling complaints and pursuing claims. In this respect, the Client may use mediation. Lists of permanent mediators and existing mediation centers are provided and made available by the Presidents of the relevant District Courts.
5. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are executed on the basis of the Regulations that were in force on the date of placing the order by the Customer. The change to the Regulations comes into force within 7 days from the date of publication on the Store Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the change to the Regulations by means of a message sent electronically containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact, which results in the termination of the contract in accordance with the provisions of §15.
6. The Regulations enter into force on 1 September 2023.
