Terms of service

These Terms and Conditions set out the general terms, rules and manner of sales conducted by Trade-We sp. z o.o., Tax ID (NIP): 967 144 09 89, Business ID (REGON): 387526297, with its registered office at 48 Maciejowicka Street, 85-373 Bydgoszcz. The Sales Agreement between the Seller and the Buyer is concluded in accordance with Polish law and in the Polish language through the i-Sofa.pl online store, hereinafter referred to as the “Online Store”.

Section 1 Definitions

1. Business Days – means the days from Monday to Friday, excluding public holidays.

2. Delivery – means the act of delivering the Goods specified in the order to the Customer by the Seller through the Delivery Provider.

3. Delivery Provider – means the external company Zadbano.

4. Password – means a sequence of letters, numbers or other characters selected by the Customer during Registration with the Online Store and used to secure access to the Customer Account in the Online Store.

5. Customer – means an entity to whom electronic services may be provided or with whom a Sales Agreement may be concluded in accordance with these Terms and Conditions and applicable law.

6. Consumer – means a natural person entering into a legal transaction with an entrepreneur that is not directly related to the person’s business or professional activity.

7. Customer Account – means an individual account panel created for each Customer by the Seller after the Customer has completed Registration and entered into an agreement for the electronic provision of the Customer Account service.

8. Login – means the Customer’s individual identifier, selected by the Customer and consisting of a sequence of letters, numbers or other characters, which is required together with the Password to create a Customer Account in the Online Store. The Login is the Customer’s valid email address.

9. Entrepreneur – means a natural person, legal person or organisational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in its own name and entering into a legal transaction directly related to that business or professional activity.

10. Terms and Conditions – means these Terms and Conditions.

11. Registration – means the action completed in the manner specified in these Terms and Conditions, required for the Customer to use all the functions of the Online Store.

12. Seller – means Trade-We sp. z o.o., Tax ID (NIP): 967 144 09 89, Business ID (REGON): 387526297, with its registered office in Bydgoszcz according to the Central Register and Information on Economic Activity, which is also the owner of the Online Store.

13. Store Website – means the websites through which the Seller operates the Online Store under the domain www.i-sofa.pl.

14. Goods – means a product presented by the Seller through the Store Website that may be the subject of a Sales Agreement.

15. Durable Medium – means any material or device that enables the Customer or the Seller to store information addressed personally to them in a way that allows access to that information in the future for a period appropriate to the purposes for which the information is intended and that allows the stored information to be reproduced unchanged.

16. Sales Agreement – means a distance sales agreement concluded between the Customer and the Seller in accordance with the rules set out in these Terms and Conditions.

Section 2 General Provisions and Use of the Online Store

1. All rights to the Online Store, including economic copyrights and intellectual property rights to its name, internet domain, Store Website, templates, forms and logos displayed on the Store Website, belong to the Seller, with the exception of certain logos and photographs displayed on the Store Website for the purpose of presenting Goods, the copyrights to which belong to third parties. These rights may be used only in the manner specified in and in accordance with these Terms and Conditions.

2. The Seller shall make every effort to ensure that the Online Store can be used by internet users with all popular web browsers, operating systems, device types and types of internet connection. The minimum technical requirements for using the Store Website are a web browser in at least Internet Explorer 11, Chrome 39, Firefox 34, Opera 26 or Safari 5, or a later version, with JavaScript enabled and accepting cookies, as well as an internet connection with a bandwidth of at least 256 kbit/s. The Store Website is optimised for a minimum screen resolution of 1024 × 768 pixels.

3. The Seller uses cookies, which are stored by the Seller’s server on the hard drive of the Customer’s end device while the Customer is using the Store Website. Cookies are used to ensure that the Store Website functions correctly on Customers’ end devices. This mechanism does not damage the Customer’s end device or change the configuration of the Customer’s end device or any software installed on it. Each Customer may disable cookies in the web browser of their end device. However, the Seller points out that disabling cookies may make it difficult or impossible to use the Store Website.

4. To place an order in the Online Store through the Store Website and to use the services available on the Store Website, the Customer must have an active email account.

5. The Customer is prohibited from providing unlawful content or using the Online Store, the Store Website or the free services provided by the Seller in a manner that is unlawful, contrary to accepted standards of conduct or infringes the personal rights of third parties.

6. The Seller states that the public nature of the internet and the use of electronically provided services may involve the risk of unauthorised persons obtaining or modifying Customers’ data. Customers should therefore use appropriate technical measures to minimise these risks. In particular, they should use antivirus and online identity protection software. The Seller will never ask the Customer to disclose their Password in any form.

Section 3 Registration

1. To create a Customer Account, the Customer must complete Registration free of charge.

2. Registration is not required to place an order in the Online Store.

3. To complete Registration, the Customer should complete the registration form provided by the Seller on the Store Website and submit the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer selects an individual Password.

4. While completing the registration form, the Customer has the opportunity to read these Terms and Conditions and accepts their contents by selecting the appropriate box in the form.

5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by selecting the appropriate box in the registration form. In such a case, the Seller clearly informs the Customer of the purpose for which their personal data is collected and of the recipients of that data known or anticipated by the Seller.

6. The Customer’s consent to the processing of personal data for marketing purposes is not a condition for entering into an agreement with the Seller for the electronic provision of the Customer Account service. Consent may be withdrawn at any time by submitting an appropriate statement to the Seller. The statement may, for example, be sent to the Seller by email.

7. After submitting the completed registration form, the Customer immediately receives confirmation of Registration from the Seller electronically at the email address provided in the registration form. At that moment, an agreement for the electronic provision of the Customer Account service is concluded and the Customer gains access to the Customer Account and may change the details provided during Registration, with the exception of the Login.

Section 4 Orders

1. The information provided on the Store Website does not constitute an offer by the Seller within the meaning of the Polish Civil Code, but only an invitation for Customers to submit offers to conclude a Sales Agreement.

2. The Customer may place orders in the Online Store through the Store Website 24 hours a day, 7 days a week.

3. A Customer placing an order through the Store Website completes the order by selecting the Goods they wish to purchase. Goods are added to the order by selecting the “ADD TO CART” button displayed next to the relevant Goods on the Store Website. After completing the order and selecting the Delivery method and payment method in the “CART”, the Customer submits the order by sending the order form to the Seller and selecting the “BUY AND PAY” button on the Store Website. Before submitting the order to the Seller, the Customer is informed each time of the total price of the selected Goods and Delivery, as well as all additional costs that the Customer is required to pay in connection with the Sales Agreement.

4. Placing an order constitutes the Customer’s submission to the Seller of an offer to conclude a Sales Agreement for the Goods included in the order.

5. After the order has been placed, the Seller sends confirmation of its submission to the email address provided by the Customer.

6. After confirming that the order has been placed, the Seller sends information to the email address provided by the Customer confirming that the order has been accepted for processing. Confirmation that the order has been accepted for processing constitutes the Seller’s acceptance of the offer referred to in Section 4(4) above. The Sales Agreement is concluded when the Customer receives this confirmation.

7. After the Sales Agreement has been concluded, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer’s email address or in writing to the address provided by the Customer during Registration or when placing the order.

Section 5 Payments

1. The prices displayed next to the Goods on the Store Website are gross prices and do not include Delivery costs or any other costs that the Customer is required to pay in connection with the Sales Agreement. The Customer will be informed of these costs when selecting the Delivery method and placing the order.

2. The Seller undertakes to provide a current contact telephone number next to the product and to display the lowest price at which each product was available in the store during the previous 30 days. If a product has been available for sale for less than 30 days, the Seller undertakes to display the lowest price applicable from the date on which the offer was first published until the date of the promotion.

3. In the case of products with a short use-by date or products liable to deteriorate rapidly, the Seller undertakes to display the price applicable before the first reduction.

4. The Customer may select one of the following payment methods for the ordered Goods:

a) bank transfer to the Seller’s bank account. In this case, order processing will begin after the Seller has sent the Customer confirmation that the order has been accepted and the funds have been credited to the Seller’s bank account;
b) BLIK payment, payment card or electronic bank transfer through an external payment system operated by Przelewy24 or PayU.

5. The Seller informs the Customer each time on the Store Website of the deadline by which the Customer is required to pay the amount due under the concluded Sales Agreement.

6. If the Customer fails to make payment by the deadline referred to in Section 5(3), the Seller shall set an additional payment deadline and inform the Customer of it on a Durable Medium. The information concerning the additional payment deadline shall also state that if the deadline expires without payment being made, the Seller will withdraw from the Sales Agreement. If the second payment deadline also expires without payment being made, the Seller shall send the Customer a statement of withdrawal from the agreement on a Durable Medium pursuant to Article 491 of the Polish Civil Code.

Section 6 Delivery

1. The Seller is obliged to deliver the Goods covered by the Sales Agreement free from defects.

2. The Seller provides information on the Store Website regarding the number of Business Days required for Delivery and order processing.

3. The Delivery and order processing time indicated on the Store Website is calculated in Business Days in accordance with Section 6(2).

4. The ordered Goods are delivered to the Customer by the Delivery Provider to the address specified in the order form.

5. On the day the Goods are dispatched to the Customer, confirmation that the Seller has dispatched the shipment is sent to the Customer’s email address.

6. The Customer should inspect the delivered shipment at the time and in the manner customary for shipments of this type, in the presence of the Delivery Provider’s representative. If any loss or damage is identified, the Customer has the right to request that the Delivery Provider’s representative prepare an appropriate damage report.

7. At the Customer’s request, the Seller includes either a receipt or a VAT invoice covering the delivered Goods with the shipment.

8. If the Customer is not present at the address provided as the Delivery address when placing the order, the Delivery Provider’s representative will leave a delivery notice or attempt to contact the Customer by telephone to arrange a suitable delivery time. If the ordered Goods are returned to the Online Store by the Delivery Provider, the Seller will contact the Customer by email or telephone to agree a new Delivery date and Delivery cost.

Section 7 Statutory Warranty for Defects

1. The Seller shall ensure the Delivery of Goods free from physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect under the statutory warranty for defects.

2. If the Goods have a defect, the Customer may:

a) submit a statement requesting 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 Goods free from defects or removes the defect. This restriction does not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has failed to fulfil its obligation to replace the Goods with Goods free from defects or to remove the defect. Instead of the removal of the defect proposed by the Seller, the Customer may request that the Goods be replaced with Goods free from defects or, instead of replacement, may request that the defect be removed, unless bringing the Goods into conformity with the agreement in the manner selected by the Customer is impossible or would involve excessive costs compared with the method proposed by the Seller. When assessing whether the costs are excessive, account shall be taken of the value of Goods free from defects, the type and significance of the defect identified and the inconvenience to which the Customer would be exposed by another method of remedy;
b) request that the defective Goods be replaced with Goods free from defects or that the defect be removed. The Seller is obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time and without excessive inconvenience to the Customer. The Seller may refuse to comply with the Customer’s request if bringing the defective Goods into conformity with the Sales Agreement in the manner selected by the Customer is impossible or would involve excessive costs compared with the other available method of bringing the Goods into conformity with the Sales Agreement. The Seller shall bear the costs of repair or replacement.

3. A Customer exercising their rights under the statutory warranty for defects is obliged to deliver the defective item to the Seller’s address. If the Customer is a Consumer, the Seller shall bear the cost of delivery.

4. The Seller shall be liable under the statutory warranty for defects if a physical defect is identified within two years of the Goods being delivered to the Customer. A claim for removal of the defect or replacement of the Goods with Goods free from defects expires after one year, although this period may not end before the expiry of the period specified in the first sentence. During this period, the Customer may withdraw from the Sales Agreement or submit a statement requesting a price reduction due to a defect in the Goods. If the Customer has requested replacement of the Goods with Goods free from defects or removal of the defect, the period for withdrawing from the Sales Agreement or submitting a statement requesting a price reduction begins when the deadline for replacing the Goods or removing the defect expires without the Seller having fulfilled its obligation.

Section 8 Complaints

1. The Customer may submit any complaints concerning the Goods or the performance of the Sales Agreement in writing to the Seller’s address.

2. The Seller shall respond to a complaint concerning the Goods or the performance of the Sales Agreement submitted by the Customer within 14 days of receiving the request containing the complaint.

3. The Customer may submit a complaint to the Seller concerning the use of free services provided electronically by the Seller. The complaint may be submitted electronically and sent to zakupy@i-sofa.pl. The Customer should include a description of the issue in the complaint. The Seller shall review the complaint promptly and no later than within 14 days and shall provide the Customer with a response.

Section 9 Withdrawal from the Sales Agreement

1. A Customer who is a Consumer and has entered into a Sales Agreement may withdraw from it within 14 days without giving any reason, or within 60 days by providing a reason, provided that the Customer was a registered user / club member when placing the order.

2. The withdrawal period begins when the Customer takes possession of the Goods. The Customer may withdraw from the Sales Agreement by submitting a withdrawal statement to the Seller. The statement may be submitted using the form provided by the Seller on the Store Website at: Withdrawal Form. To meet the deadline, it is sufficient to send the statement before the withdrawal period expires.

3. In the event of withdrawal from the Sales Agreement, the Agreement shall be considered not to have been concluded.

4. If the Customer submits a withdrawal statement before the Seller has accepted the Customer’s offer, the offer shall cease to be binding.

5. The Seller shall immediately, and no later than within 14 days of receiving the Customer’s statement of withdrawal from the Sales Agreement, refund all payments made by the Customer, including the cost of delivering the Goods to the Customer. The Seller may withhold the refund until the Goods have been returned or the Customer has provided proof of return, whichever occurs first.

6. If the Customer exercising the right of withdrawal selected a method of delivering the Goods other than the least expensive standard Delivery method offered by the Seller, the Seller shall not be required to reimburse the Customer for any additional costs incurred.

7. The Customer shall return the Goods to the Seller without undue delay and no later than within 14 days of the date on which the Customer withdrew from the Sales Agreement. To meet the deadline, it is sufficient to dispatch the Goods to the Seller’s address before the deadline expires.

8. In the event of withdrawal, the Customer shall bear only the direct cost of returning the Goods.

9. If, due to their nature, the Goods cannot normally be returned by post, the Seller shall inform the Customer of the return costs on the Store Website.

10. The Customer shall be liable for any reduction in the value of the Goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functionality.

11. The Seller shall issue the refund using the same payment method used by the Customer, unless the Customer has expressly agreed to another refund method that does not involve any additional costs.

Section 10 Free Services

1. The Seller provides the following free electronic services to Customers:

a) Customer Account management;
b) posting reviews.

2. The services specified in Section 10(1) above are provided 24 hours a day, 7 days a week.

3. The Seller reserves the right to select and change the type, form, duration and manner of providing access to the selected services listed above. Customers shall be informed of any such changes in the manner applicable to amendments to these Terms and Conditions.

4. The Newsletter service may be used by any Customer who enters their email address using the registration form provided by the Seller on the Store Website. After submitting the completed registration form, the Customer immediately receives electronic confirmation from the Seller at the email address provided in the registration form. At that moment, an agreement for the electronic provision of the Newsletter service is concluded. During Registration, the Customer may also select the appropriate box in the registration form to subscribe to the Newsletter service.

5. The Newsletter service consists of the Seller sending electronic messages to the Customer’s email address containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed.

6. Each Newsletter sent to Customers includes, in particular, information identifying the sender, a completed subject field describing the content of the message and information about the option and method of unsubscribing from the free Newsletter service.

7. The Customer may unsubscribe from the Newsletter at any time using the unsubscribe link included in each email sent as part of the Newsletter service or by selecting the appropriate option in the Customer Account.

8. The Customer Account management service becomes available after Registration has been completed in accordance with the rules set out in these Terms and Conditions. It consists of providing the Customer with a dedicated panel within the Store Website that allows the Customer to modify the details provided during Registration, track the status of orders being processed and view the history of completed orders.

9. A Customer who has completed Registration may request that the Seller delete the Customer Account. If such a request is submitted, the Customer Account may be deleted within 14 days of the date on which the request was made.

10. The review posting service consists of enabling Customers who have a Customer Account to publish individual and subjective statements on the Store Website, particularly statements concerning the Goods.

11. The Customer may stop using the review posting service at any time by ceasing to publish content on the Store 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, breaches applicable law or these Terms and Conditions, or where blocking access to the Customer Account and free services is justified for security reasons, including where the Customer attempts to breach the security of the Store Website or carries out other hacking activities. Access to the Customer Account and free services shall remain blocked for the period necessary to resolve the issue that formed the basis for blocking access. The Seller shall notify the Customer electronically that access to the Customer Account and free services has been blocked by sending a message to the email address provided by the Customer in the registration form.

Section 11 Customer Liability for Published Content

1. By publishing and making content available, the Customer voluntarily distributes that content. Published content does not represent the views of the Seller and should not be associated with the Seller’s business activities. The Seller is not the provider of the content and merely provides the appropriate IT resources for its publication.

2. The Customer declares that:

a) the Customer is entitled to use the economic copyrights, industrial property rights and/or related rights to the works, industrial property rights, such as trademarks, and/or subject matter of related rights included in the content, as applicable;
b) the publication and sharing, as part of the services referred to in Section 11, of personal data, images and information concerning third parties has taken place lawfully, voluntarily and with the consent of the persons concerned;
c) the Customer consents to the published content being viewed by other Customers and the Seller and authorises the Seller to use it free of charge in accordance with these Terms and Conditions;
d) the Customer consents to derivative works being created within the meaning of the Polish Act on Copyright and Related Rights.

3. The Customer is not entitled to:

a) publish the personal data of third parties or distribute the images of third parties while using the services referred to in Section 10 without the authorisation or consent required by law;
b) publish advertising and/or promotional content while using the services referred to in Section 10.

4. The Seller shall be liable for content published by Customers only after receiving notification in accordance with Section 12 of these Terms and Conditions.

5. Customers are prohibited from publishing, while using the services referred to in Section 10, any content that may in particular:

a) be published in bad faith, for example with the intention of infringing the personal rights of third parties;
b) infringe any rights of third parties, including rights relating to copyright and related rights, industrial property rights, trade secrets or confidentiality obligations;
c) be offensive or constitute a threat directed at other persons, or contain language contrary to accepted standards of conduct, including vulgar expressions or terms generally regarded as offensive;
d) conflict with the interests of the Seller;
e) otherwise breach these Terms and Conditions, accepted standards of conduct, applicable law or social or moral standards.

6. If the Seller receives a notification in accordance with Section 12 of these Terms and Conditions, the Seller reserves the right to modify or remove content published by Customers while using the services referred to in Section 10. This applies in particular to content which, based on reports from third parties or relevant authorities, may be found to breach these Terms and Conditions or applicable law. The Seller does not continuously monitor published content. The Seller states that reviews published on the website are submitted by users of purchased products. The Seller confirms this on the basis of the data of Customers contained in the store database who have made a purchase.

7. The Customer consents to the Seller using content published by the Customer on the Store Website free of charge.

Section 12 Reporting Threats or Infringements of Rights

1. If a Customer or any other person or entity believes that content published on the Store Website infringes their rights, personal rights, accepted standards of conduct, feelings, morality, beliefs, principles of fair competition, know-how, legally protected secrets or obligations of confidentiality, they may notify the Seller of the potential infringement.

2. After being notified of a potential infringement, the Seller shall take immediate action to remove the content causing the infringement from the Store Website.

Section 13 Personal Data Protection

1. The Seller is the controller of the personal data voluntarily provided to the Seller by Customers during Registration, when placing a one-time order, in connection with electronic services provided by the Seller or in other circumstances specified in these Terms and Conditions.

2. The Seller processes Customers’ personal data for the purpose of processing orders, providing electronic services and fulfilling other purposes specified in these Terms and Conditions. Data is processed only on the basis of applicable law or consent provided by the Customer in accordance with applicable law.

3. The personal data filing system containing data provided to the Seller is reported by the Seller to the Inspector General for Personal Data Protection.

4. The Customer provides their personal data to the Seller voluntarily. However, failure to provide certain data during the Registration process makes it impossible to complete Registration or create a Customer Account. If the Customer places an order without registering a Customer Account, failure to provide certain data makes it impossible to place and process the order.

5. Every person who provides the Seller with their personal data has the right to access and correct that data.

6. The Seller provides the option of deleting personal data from the filing system it maintains, particularly when a Customer Account is deleted. The Seller may refuse to delete personal data if the Customer has not settled all amounts due to the Seller or has breached applicable law and retaining the personal data is necessary to clarify the circumstances and establish the Customer’s liability.

7. The Seller protects the personal data provided to it and makes every effort to secure it against unauthorised access or use.

8. The Seller provides the Delivery Provider with the Customer’s personal data to the extent necessary to complete Delivery.

Section 14 Termination of the Agreement (Does Not Apply to Sales Agreements)

1. Both the Customer and the Seller may terminate an agreement for the electronic provision of services at any time and without giving a reason, subject to the preservation of any rights acquired by the other party before the agreement is terminated and the provisions set out below.

2. A Customer who has completed Registration may terminate the agreement for the electronic provision of services by sending an appropriate declaration of intent to the Seller using any means of distance communication that allows the Seller to read the Customer’s declaration.

3. The Seller may terminate the agreement for the electronic provision of services by sending an appropriate declaration of intent to the email address provided by the Customer during Registration.

Section 15 Final Provisions

1. The Seller shall be liable for failure to perform or improper performance of an agreement. However, in the case of agreements concluded with Customers who are Entrepreneurs, the Seller shall be liable only where the damage was caused intentionally and only up to the amount of the actual loss suffered by the Customer who is an Entrepreneur.

2. The contents of these Terms and Conditions may be recorded by printing them, saving them on a storage medium or downloading them from the Store Website at any time.

3. If a dispute arises in connection with a concluded Sales Agreement, the parties shall attempt to resolve the matter amicably. Polish law shall govern all disputes arising under these Terms and Conditions.

4. Every Customer may use out-of-court complaint handling and claims enforcement procedures. In this respect, the Customer may use mediation. Lists of permanent mediators and existing mediation centres are provided and made available by the Presidents of the relevant Regional Courts.

5. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for processing before the new Terms and Conditions enter into force shall be processed under the Terms and Conditions applicable on the date the Customer placed the order. Amendments to these Terms and Conditions shall enter into force 7 days after being published on the Store Website. The Seller shall inform the Customer of an amendment to these Terms and Conditions 7 days before the amended Terms and Conditions enter into force by sending an electronic message containing a link to the amended text. If the Customer does not accept the amended Terms and Conditions, the Customer is obliged to notify the Seller, which shall result in the termination of the agreement in accordance with Section 15.