§1 Preliminary Provisions

The online store Sarnetski, available at www.sarnetski.com, is operated by Szymon Sarnecki, conducting business under the name SARNETSKI Szymon Sarnecki, Siciny 36, 56-215 Niechlów, NIP: 5010078590. These terms and conditions are directed to consumers and define the rules and procedures for entering into a distance sales agreement with the consumer through the Store.

§2 Definitions

  1. Consumer – a natural person entering into an agreement with the Seller via the Store, where the subject of the agreement is not directly related to their business or professional activity.
  2. Seller – Szymon Sarnecki, conducting business under the name SARNETSKI Szymon Sarnecki, Siciny 36, 56-215 Niechlów, NIP: 5010078590.
  3. Client – any entity making purchases through the Store.
  4. Entrepreneur – a natural person, legal entity, or organizational unit without legal personality, granted legal capacity by separate law, conducting business activity on their own behalf, using the Store.
  5. Store – the online store operated by the Seller at www.sarnetski.com.
  6. Distance Agreement – an agreement concluded with the Client under an organized distance contracting system (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of remote communication up to and including the moment of concluding the agreement.
  7. Terms and Conditions – these terms and conditions of the Store.
  8. Order – a declaration of will by the Client, made via the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
  9. Account – the Client’s account in the Store, where the data provided by the Client and information about the Orders placed by them in the Store are collected.
  10. Registration Form – a form available in the Store, allowing for the creation of an Account.
  11. Order Form – an interactive form available in the Store allowing for the placement of an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
  12. Cart – an element of the Store’s software, where the Products selected for purchase by the Client are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
  13. Product – a digital item/service available in the Store, which is the subject of the Sales Agreement between the Client and the Seller.
  14. Sales Agreement – a sales agreement for a Product concluded or entered into between the Client and the Seller via the online Store. The Sales Agreement also means – depending on the Product’s characteristics – an agreement for the provision of services and a contract for specific work.

§3 Contact with the Store

  1. Seller’s address: Siciny 36, 56-215 Niechlów
  2. Seller’s email address: office@sarnetski.com
  3. Client can contact the Seller using phone numbers: 690 116 148
  4. Client can communicate with the Seller by phone between 07:30 – 16:30 on business days.
  5. Bank account: PL58 1140 2004 0000 3012 2254 3184 BIC/ SWIF: BREXPLPWMBK

§4 Technical Requirements

To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:

  1. An end device with access to the Internet and a web browser such as Google Chrome, Mozilla Firefox, etc.
  2. An active email account.
  3. Enabled cookies.
  4. Installed FlashPlayer.

§5 General Information

  1. The Seller, to the fullest extent permitted by law, is not liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Client’s technical infrastructure.
  2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Client for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing necessary personal and address data enabling the Order to be processed without creating an Account.
  3. The prices given in the Store are given in Polish zloty (PLN) and are gross prices (including VAT).
  4. The final (total) amount to be paid by the Client includes the price for the Product and delivery costs (including fees for transport, delivery, and postal services), about which the Client is informed on the Store’s pages when placing the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
  5. In the case of an Agreement covering subscription or provision of services for an indefinite period, the final (total) price is the total price including all payments for the settlement period.
  6. When the nature of the subject of the Agreement does not allow, reasonably judging, for prior calculation of the final (total) price, information about the manner in which the price will be calculated, as well as about transport, delivery, postal services, and other costs, will be provided in the Store in the Product description.

§6 Creating an Account in the Store

  1. To create an Account in the Store, you need to fill out the Registration Form. It is necessary to provide the following data: name and surname, email address, address of residence.
  2. Creating an Account in the Store is free.
  3. Logging into the Account is done by entering the login (email) and password set in the Registration Form.
  4. The Client has the option to delete the Account at any time without giving any reason and without incurring any charges by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§7 Rules for Placing an Order

To place an Order:

  1. Log in to the Store (optional);
  2. Select the Product being the subject of the Order, and then click the “Add to cart” button (or equivalent);
  3. Log in or use the option of placing an Order without registration;
  4. If the option of placing an Order without registration was chosen – fill out the Order Form by entering the recipient’s data and the address to which the Product is to be delivered, choose the type of shipment (method of delivery of the Product), enter the invoice data if different from the recipient’s data,
  5. Click the “Order and pay” button / click the “Order and pay” button and confirm the order by clicking the link sent in the email,
  6. Choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

§8 Delivery and Payment Methods Offered

  1. The Client can use the following delivery or collection methods for the ordered Product:
    • Electronic delivery (email)
  2. The Client can use the following payment methods:
    • PayNow
    • BLIK
    • Credit card payment:
      • Visa
      • Visa Electron
      • Mastercard
      • MasterCard Electronic
      • Maestro
    • PayPal

§9 Execution of the Sales Agreement

  1. The conclusion of the Sales Agreement between the Client and the Seller takes place after the prior placement of the Order by the Client using the Order Form in the online Store according to § 7 of the Terms and Conditions.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is sent by the Seller to the Client’s email address provided during the Order placement process. The email contains at least the Seller’s declarations of receipt of the Order and its acceptance for processing and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Client of the above email, a Sales Agreement is concluded between the Client and the Seller.
  3. If the Client chooses:
    • PayNow, BLIK, or credit card payment, the Client is obliged to make the payment within 24 hours from the conclusion of the Sales Agreement – otherwise, the order will be canceled.
  4. The Product will be sent by the Seller within the period specified in its description, in the manner chosen by the Client when placing the Order.
  5. A. In the case of ordering Products with different delivery times, the delivery date is the longest given date. B. In the case of ordering Products with different delivery times, the Client has the option to request the delivery of the Products in parts or the delivery of all Products after completing the entire order.
  6. The beginning of the delivery period for the Product to the Client is counted as follows:
    • In the case of choosing the payment method PayNow, BLIK, or credit card – from the date of crediting the Seller’s bank account.
  7. Delivery of the digital Product takes place worldwide.
  8. Delivery of the Product to the Client is free of charge, unless the Sales Agreement states otherwise. Delivery costs (including fees for transport, delivery, and postal services) are indicated to the Client on the Store’s pages in the “Delivery and Payment” tab and when placing the Order, including at the moment of expressing the will to be bound by the Sales Agreement.

§10 Right to Withdraw from the Agreement

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier indicated by the Consumer.
  3. In the case of an Agreement that includes multiple Products that are delivered separately, in batches, or in parts, the period specified in paragraph 1 runs from the delivery of the last item, batch, or part.
  4. In the case of an Agreement that involves the regular delivery of Products over a specified period, the period specified in paragraph 1 runs from the possession of the first of the items.
  5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the declaration before the expiry of the withdrawal period. 5.1 The declaration may be sent by traditional mail or by email to the Seller’s address provided in § 3. The declaration can also be submitted using the form whose template is provided in Annex 1 to these Terms and Conditions and Annex to the Act of May 30, 2014, on consumer rights, but it is not mandatory.
  6. Effects of withdrawal from the Agreement: a. In the case of withdrawal from a Distance Agreement, the Agreement is considered not concluded. b. In the case of withdrawal from the Agreement, the Seller returns to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, all payments made by them, including the costs of delivery, except for additional costs resulting from the chosen method of delivery other than the cheapest usual delivery method offered by the Seller. c. The Seller will refund the payment using the same payment methods used by the Consumer in the original transaction unless the Consumer has expressly agreed otherwise that does not involve any costs for them. d. The Seller may withhold the refund until receipt of the Product back or until the Consumer provides proof of its return, depending on which event occurs first. e. The Consumer should return the Product to the Seller’s address provided in these Terms and Conditions immediately, no later than 14 days from the day on which they informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer sends the Product back before the expiry of the 14-day period. f. The Consumer bears the direct cost of returning the Product. g. The Consumer is liable for a decrease in the value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics, and functioning of the Product.
  7. The right to withdraw from a distance contract is not granted to the Consumer concerning Agreements: a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs, b. in which the subject of the service is an item delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery, c. for the provision of services, if the Seller has fully performed the service with the Consumer’s express consent, who was informed before the service that after the Seller’s performance, they will lose the right to withdraw from the Agreement, d. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period, e. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things, f. in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and the delivery of which may take place only after 30 days and whose value depends on fluctuations in the market, over which the Seller has no control, g. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package if the package was opened after delivery, h. for the delivery of newspapers, periodicals, or magazines, except for subscription agreements, i. for the delivery of digital content not supplied on a tangible medium if the performance has begun with the Consumer’s express consent before the withdrawal period and after being informed by the Seller about the loss of the right to withdraw from the Agreement.

§11 Complaint and Warranty

  1. The Sales Agreement covers new Products.
  2. The complaint should be reported in writing or electronically to the Seller’s addresses specified in these Terms and Conditions or using the electronic complaint form available on one of the Store’s subpages.
  3. It is recommended that the complaint include a brief description of the defect, the circumstances (including the date) of its occurrence, the Client’s data submitting the complaint, and the Client’s request concerning the defect of the goods.
  4. The Seller will respond to the complaint request immediately, no later than within 14 days, and if they do not do so within this period, it is considered that the Client’s request is justified.
  5. Goods returned as part of the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.
  6. If the Product is covered by a warranty, information about it, as well as its content, will be included in the Product description in the Store.

§12 Alternative Dispute Resolution

  1. Detailed information on the Consumer’s possibility to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following Internet addresses of the Office of Competition and Consumer Protection:
  2. The Consumer has the following exemplary options for using out-of-court complaint and redress methods: a. The Consumer is entitled to apply to a permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws 2014, item 148 as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller. b. The Consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws 2014, item 148 as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller. c. The Consumer may obtain free assistance in resolving the dispute between them and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumer Association).

§13 Personal Data in the Online Store

  1. The administrator of personal data of Clients collected through the online Store is the Seller.
  2. Detailed information on the processing of personal data by the Seller – including other purposes and bases of data processing, as well as data recipients – can be found in the Store’s Privacy Policy – due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and Council (EU) – “GDPR.”
  3. The Client’s personal data collected by the administrator via the online Store is collected to perform the Sales Agreement, and if the Client agrees, also for marketing purposes.
  4. The basis for processing personal data in this case is the sales agreement or actions taken at the Client’s request to conclude it (Article 6(1)(b) GDPR), the legal obligation of the Seller related to accounting (Article 6(1)(c) GDPR), and the legitimate interest of the Seller in processing data to establish, pursue, or defend possible claims (Article 6(1)(f) GDPR).
  5. The recipients of personal data of the Clients of the online Store may be:
    • In the case of a Client who uses the online Store’s method of delivery by mail or courier, the Administrator provides the collected personal data of the Client to the selected carrier or intermediary performing the shipment on behalf of the Administrator.
    • In the case of a Client who uses electronic payments or a payment card in the online Store, the Administrator provides the collected personal data of the Client to the selected entity servicing the above payments in the online Store.
  6. The Client has the right to access their data and correct them.
  7. Providing personal data is voluntary, but failure to provide the data indicated in the Terms and Conditions necessary to conclude a Sales Agreement results in the inability to conclude this agreement.

§14 Final Provisions

  1. Agreements concluded through the online Store are concluded in the Polish language.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client of any changes with at least 7 days’ notice.
  3. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights; the Act on the protection of personal data.
  4. The Client has the right to use out-of-court methods of handling complaints and pursuing claims. To this end, they can submit a complaint via the EU online platform ODR available at: http://ec.europa.eu/consumers/odr/.