Terms & Conditions
§ 1 — GENERAL PROVISIONS
1. These Terms and Conditions shall govern all use of the lawkiorganic.com online Shop by all Users.
2. The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Product Sales Agreements, the course of the complaints procedure as well as the type and scope of electronic services rendered through the lawkiorganic.com online Shop, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.
3. By using the Electronic Services available through the Shop located at lawkiorganic.com, the User agrees to be legally bound and to abide by these Terms and Conditions.
4. To all matters not settled herein the following provisions of Polish law shall apply:
- Act on Rendering Electronic Services of 18 July, 2002,
- Consumer Rights Act of 30 May 2014,
- Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016,
- Provisions of the Civil Code Act of 23 April, 1964
- and all other applicable provisions of Polish law.
§ 2 — DEFINITIONS FOR THESE TERMS AND CONDITIONS
- TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
- SHOP − shall mean the Service Provider's online Shop located at lawkiorganic.com.
- ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider via the Shop.
- CONTACT FORM – shall refer to the electronic form available on the website lawkiorganic.com that allows you to send a message to the Service Provider.
- REGISTRATION FORM - shall refer to the electronic form available at lawkiorganic.com enabling the creation of an Account.
- ACCOUNT - marked with an individual name (login) and password, a set of resources in the Service Provider's ICT system, in which the User's data is collected, including information about placed Orders.
- ORDER FORM – shall refer to the electronic form available at lawkiorganic.com, required for Order placement.
- OPINION SYSTEM - Electronic Service made available to Customers by the Service Provider, enabling the posting of opinions on the Products.
- NEWSLETTER - shall refer to the free subscription e-mail information service allowing Users to receive updates on the Products available via the Shop.
- SELLER, SERVICE PROVIDER – Rafał Jacek, who runs the online Shop at www.lawkiorganic.com, place of business and address for service: Ławki 41, 14-405 Wilczeta, Poland, email address: shop@lawkiorganic.com, telephone number: +48 552 216 003.
- USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.
- CUSTOMER – shall refer to a User concluding a Sales Agreement with the Seller.
- CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
- ENTREPRENEUR - a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.
- PRODUCT – shall refer to any movables or services available at lawkiorganic.com and covered by a Sales Agreement concluded between the Customer and the Seller via the online Shop.
- SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.
- ORDER – shall refer to the Customer's declaration of intent to enter into a Product Sales Agreement with the Seller.
- PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.
§ 3 — PRODUCT AND ORDER INFORMATION
- The Shop located at lawkiorganic.com sells Products via the Internet.
- Products offered through the Shop are new, in accordance with the contract and have been legally introduced onto the Polish market.
- The information provided at lawkiorganic.com does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set forth in the Product description.
- The Product Prices at lawkiorganic.com are given in Polish zlotys (PLN) and include taxes and duties. The prices do not include delivery fees.
- The Product Prices at lawkiorganic.com only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
- The Seller clearly informs the Customers about Unit Prices as well as promotions and reductions in Product Prices. Next to the information about the discount of the Product, the Seller shows the lowest Price of this Product, which was in force in the period of 30 days before the introduction of the reduction.
- Orders can be placed through the website 24 hours a day, 365 days a year by completing an Order Form at www.lawkiorganic.com.
- In order to place an Order, the Customer is not obliged to register an Account in the Shop.
- Customers are required to read and accept these Terms and Conditions during Order placement.
- The Shop processes Orders placed from Monday to Friday during the Shop's working hours, i.e. from 10:00 a.m. to 3:00 p.m. on business days. Orders placed on working days after 3:00 p.m., on Saturdays, Sundays and holidays will be processed the next business day.
- Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.
§ 4 — CONCLUDING SALES AGREEMENTS
- In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with the rules set forth under § 3 points 7 and 9 of the Terms and Conditions.
- After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller.
- Receiving an Order confirmation binds the Customer with his Order. The Order confirmation is sent via email.
- The Order confirmation email shall include:
- confirmation of all relevant Order details,
- withdrawal from the agreement form,
- these Terms and Conditions containing information on the right of withdrawal.
- After receiving the confirmation email, the Sales Agreement between the Customer and the Seller is finally concluded.
- Each Sales Agreement will be confirmed by a proof of purchase (invoice), which will be attached to the Product and/or sent by e-mail to the Customer's e-mail address provided in the Order Form.
§ 5 — METHODS OF PAYMENT
- The following payment options are made available to the Customer:
- traditional bank transfer to the Seller's bank account,
- electronic payment via electronic payment systems (PayPal, tPay).
- Traditional bank transfers should be made into the following bank account: PL 54249000050000410053923842 (Alior Bank S.A.) Rafał Jacek - www.lawkiorganic.com, Address: Ławki 41, 14-405 Wilczeta. The customer should enter "Order no. …" in the payment title.
- All electronic payments must be made before an Order can be processed.
- The Customer shall pay the amount equal to the purchase price within 3 working days from the date of conclusion of the Sales Agreement, unless indicated otherwise.
- The Product shall be dispatched only after payment is received.
§ 6 — DELIVERY COST, TIME AND METHOD
- Product delivery costs, covered by the Customer, are determined during the Order submission process and depend on the choice of payment method and delivery method.
- The date of delivery consists of the time of completing the Product and the time of delivery by the carrier:
- The time for completing Products is from 1 to 2 business days from the moment of posting the funds or positive authorization of the transaction,
- The delivery by the carrier takes place within 2 to 10 business days from the moment of sending the shipment (delivery takes place only on business days).
- Products purchased in the Shop are shipped via a courier company.
§ 7 — COMPLAINTS PROCEDURE
- The basis and scope of the Seller's liability towards the Customer who is a Consumer for the non-compliance of the Product with the contract are specified in the Act on Consumer Rights of May 30, 2014.
- The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur under the warranty are specified in the Civil Code of April 23, 1964.
- The Seller is liable to the Customer who is a Consumer for the lack of conformity of the Product with the contract existing at the time of delivery and revealed within 2 years from that moment.
- Notice of non-compliance should be submitted via email to: shop@lawkiorganic.com or in writing to: Ławki 41, 14-405 Wilczeta.
- The notice should contain sufficient detail about the subject of the complaint, including the nature and date of the issue and contact details.
- For assessment of non-compliance, the Consumer must make the Product available to the Seller, who is obliged to collect it at his own expense.
- A response shall be sent no later than within 14 days following the date of receipt.
- The Seller's failure to consider the complaint within 14 days shall be construed as a decision in the Customer's favour.
- The Customer may first demand that the Product be replaced or repaired. A price reduction and withdrawal from the contract may only be demanded in the cases specified in the Act on Consumer Rights of 30 May 2014.
- In connection with a justified complaint, the Seller respectively:
- covers the costs of replacing or repair and re-delivering the Product,
- reduces the price and returns the value of the reduced price no later than within 14 days,
- in the case of withdrawal from the contract – returns the price no later than 14 days from the date of receipt of the returned goods or proof of its return.
- The response to the complaint is provided on paper or other durable medium, e.g. e-mail or SMS.
§ 8 — RIGHT TO WITHDRAW
- Consumer Customers have the right to withdraw from a distance agreement within 14 days without giving any reason.
- In case of withdrawal, the Agreement is considered null and void. The Customer must return the Product without delay and no later than within 14 days from the date of withdrawal.
- In case of withdrawal the Product should be sent to: Ławki 41, 14-405 Wilczeta, Poland.
- The Consumer is liable for the decrease in value of the Product as a result of using it beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- The Seller shall reimburse all payments received, including delivery cost, using the same method of payment. The return will take place no later than within 14 days of receipt of the withdrawal statement.
- The Seller shall not be required to reimburse supplementary costs resulting from the Consumer's choice of a type of delivery other than the least expensive standard delivery.
- The Seller may withhold reimbursement until the Product is received back or evidence of having sent it back is supplied.
- The Consumer must only bear the direct cost of returning the Product to the Seller.
- The cooling-off period expires 14 days after:
- for product delivery – the date the Consumer took possession of the Product,
- for multiple Products delivered separately – taking possession of the last Product,
- for regular delivery contracts – taking possession of the first Product,
- for other contracts – the date of conclusion of the contract.
- The right of withdrawal does not apply to Sales Agreements for:
- products made to the Consumer's specification (non-prefabricated, personalized),
- items delivered in sealed packaging which cannot be returned for health or hygiene reasons if opened after delivery,
- items which after delivery become inseparably connected with other things,
- services fully performed with the Consumer's express consent,
- items subject to rapid deterioration or having a short shelf life.
- Both the Customer and the Seller have a legal right to cancel the Sales Agreement if the opposite party fails to fulfil its obligations within the set deadline.
§ 9 — TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)
- This paragraph contains provisions only for entrepreneurs not covered by protection under the Act on Consumer Rights.
- The Seller reserves the right to cancel a non-consumer Sales Agreement within 14 working days without giving any reason.
- The Seller may limit the scope of payment methods and may demand full or partial payment in advance.
- The risks and rewards of ownership shall pass to the business Customer when the Product is picked up by the carrier.
- Business Customers are required to inspect shipments for any loss, shortage or damage before accepting them from the carrier.
- The Service Provider may terminate the Electronic Services Agreement with immediate effect and without giving any reason to non-consumer Users.
§ 10 — PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
- An Entrepreneur running a sole proprietorship is covered by consumer protection, provided that the contract is directly related to his business activity but not of a professional nature for him.
- Protection is limited to: prohibited contractual provisions, liability for non-compliance of the Product with the contract, the right to withdraw from a distance contract, and rules for digital content or service contracts.
- The entrepreneur loses consumer protection rights if the Sales Agreement is of a professional nature.
- These entrepreneurs are not covered by institutional protection provided to Consumers by the President of UOKiK.
§ 11 — TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider grants access to the following Electronic Services:
- concluding Product Sales Agreements,
- Website Account,
- Opinion System,
- Newsletter,
- Contact Form.
- These Terms and Conditions shall apply to all Electronic Services provided through lawkiorganic.com.
- The Service Provider reserves the right to display advertising content at lawkiorganic.com.
§ 12 — CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
- The Electronic Services are free of charge.
- Term of the agreement:
- Order placement – concluded for a definite period, terminates upon placement or withdrawal of the Order,
- Account management – concluded for an indefinite period,
- Opinion System – concluded for a definite period,
- Newsletter – concluded for an indefinite period,
- Contact Form – concluded for a definite period.
- Requirements: a computer or mobile device with Internet access, email, Internet browser with cookies and Javascript enabled.
- The User agrees to use the Shop in accordance with the principles of good practice and in a lawful manner.
- The User is obliged to provide accurate and complete information.
- The User is prohibited from providing any unlawful or illegal content.
§ 13 — COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
- Complaints about Electronic Services should be submitted via email to shop@lawkiorganic.com.
- All complaints should contain sufficient detail about the subject of the complaint.
- All complaints shall be resolved no later than within 14 days following receipt.
- A response shall be sent by email or other preferred method indicated by the complainant.
§ 14 — CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
- Continuing and indefinite-term Electronic Services Agreements (e.g. Account, Newsletter) may be terminated.
- The User may terminate the agreement with immediate effect by sending a statement to shop@lawkiorganic.com or by deleting the Account.
- The Service Provider reserves the right to terminate in the event that the User violates any obligation deriving from these Terms and Conditions. The termination shall be effected within 7 days of serving an advance notice.
- Both parties may terminate an Electronic Services agreement at any time by mutual agreement.
§ 15 — INTELLECTUAL PROPERTY
- All content at lawkiorganic.com is protected by copyright law and is the exclusive property of Rafał Jacek, Ławki 41, 14-405 Wilczeta, Poland, email: shop@lawkiorganic.com, tel: +48 552 216 003.
- Any use or reproduction without express written consent constitutes a copyright infringement and is punishable under civil and criminal law.
- All trade names, Product names, company names and logos belong to their owners and are used only for identification purposes.
§ 16 — LIABILITY
- The Service Provider shall use reasonable efforts to ensure that information is complete, accurate, and presented with due care.
- The Service Provider complies with all obligations under Regulation (EU) 2022/2065 (Digital Services Act) and designates a contact point as required.
- Users shall not post any unlawful content, including content unrelated to the Shop's subject matter, infringing upon the Service Provider's reputation, obscene or defamatory, or promoting competitive activities.
- The Service Provider may take appropriate moderation actions against prohibited content.
- Users retain the right to appeal moderation decisions via shop@lawkiorganic.com. Appeals will be addressed within 14 days.
- Users are solely responsible for any unlawful conduct or damages caused by their actions on the Platform.
- The Service Provider will make reasonable efforts to notify Users of any planned disruptions.
- The Service Provider shall not be liable to Business Users for any direct or indirect damages arising from the use or inability to use the Platform, improper use, errors, force majeure, third party actions, or consequences of lost passwords.
§ 17 — FINAL PROVISIONS
- Agreements concluded through the Shop are construed in accordance with the laws of Poland.
- Should any provision be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
- Any disputes shall be resolved in the first instance through amicable negotiation.
- Judicial dispute settlement:
- disputes with Consumers – resolved by a court of competent jurisdiction under the Code of Civil Procedure,
- disputes with non-consumer Customers – settled by the court having jurisdiction over the Service Provider's registered office.
- Consumer Customers may use Alternative Dispute Resolution schemes, including mediation or arbitration. Free legal aid is available from the Regional (Municipal) Consumer Ombudsman.
- Consumers may submit complaints through the Online Dispute Resolution (ODR) platform at: http://ec.europa.eu/consumers/odr/
