TERMS OF SERVICE FOR OFFANDOFF.COM

Thank you for visiting our website available at https://offandoff.com (hereinafter referred to as: “OffandOff.com”, “Website”).

Our aim is to provide a trading platform for all persons who use OffandOff.com (hereinafter: “Service Users”) and place offers through it for the sale of handicraft Products (hereinafter: “Sellers”) or who intend to purchase them (hereinafter: “Buyers”).

The Owner of the Website provides a platform for Sellers and Buyers, however they are not a party to the sales agreements concluded by them, which means that the rights and obligations arising from the sales agreement (primarily delivery of the product and payment) are incumbent on the Seller and the Buyer. Purchases of products are made using the order form available at OffandOff.com, which allows Buyers, among other things, to select the Product, method of delivery and payment. The product purchased by the Buyer is then delivered by the Seller to the Buyer at the address specified by the Buyer.

The form of these terms of service assumes the establishment of general rules and conditions for the use of the Website, in particular the rules and conditions under which the use of electronic services available on the Website, placing orders, conclusion and performance of sales agreements concluded through OffandOff.com will take place.

Please read our terms of service and enjoy placing your orders,

The OffandOff.com team

ABOUT US

The Owner of OffandOff.com is ONE STOP SHOP SOLUTIONS SPÓŁKA Z OGRANICZONĄODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA(address: ul. Gromadzka 5, 05-806 Sokołów andaddress for service: ul. Gromadzka 5, 05-806 Sokołów); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000838140; the registry court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; NIP (Tax Identification Number):PL5213895176; REGON (National Business Register Number):385927098, email: [email protected] (hereinafter referred to as: “Service Provider”).
The Service Provider operates the Website and is responsible for the proper provision of Electronic Services. The Website also includes Service Users – third parties to the Service Provider, who may use the Website and conclude transactions between themselves. The Service Provider does not interfere with the content and implementation of the obligations entered into between the Service Users on the Website.

DEFINITIONS

The terms used in these Terms of Service shall have the following meanings:

WORKING DAY– one day from Monday to Friday excluding public holidays.
ORDER FORM– Electronic Service, interactive form available on the Website, enabling the Buyer to place an Order, in particular by choosing the Product, method of payment and delivery.
BUYER– Service User, i.e. a third party to the Service Provider, who has concluded or intends to conclude a Sales Agreement with the Seller via the Website.
CIVIL CODE– the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).

ACCOUNT, USER ACCOUNT– Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual e-mail address and password provided by the Service User, where the data provided by the Service User is collected, as well as information about Ordersplaced by the Service User, Products for sale, Sales Agreements concluded and other activities on the Website.

NEWSLETTER– Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users to automatically receive from the Service Provider periodic successive editions of the newsletter containing information about Products, news and promotions on the Website.
PRODUCT– movable item available on the Website (handicraft) being the subject of the Sales Agreement between the Buyer and the Seller.
SELLER– Service User, i.e. a third party to the Service Provider, being a party to the Sales Agreement with the Buyer as a seller and indicated on the Website during the Order placement process.
TERMS OF SERVICE– these terms of service for the Website.
WEBSITE, OFFANDOFF.COM– the website operated by the Service Provider and available at the following address: https://offandoff.com.
SALES AGREEMENT– an agreement for sale, provision of services or agreement on the use of a Product concluded between the Buyer and the Seller via the Website. The Sales Agreement is concluded in accordance with a previously submitted Order on the conditions included in the Seller's offer (or established on the basis of individual arrangements between the Buyer and the Seller – if such arrangements are made) and in accordance with these Terms of Service.
ELECTRONIC SERVICE– a service provided electronically by the Service Provider to the Service User via the Website in accordance with the Terms of Service.
SERVICE USER– (1) a natural person having full capacity to perform legal actions, and in cases provided for by generally applicable regulations also a natural person having limited capacity to perform legal actions; (2) a legal person; or (3) an organisational unit without legal personality, to which the act grants legal capacity; – using or intending to use Electronic Services.
SERVICE PROVIDER, OWNER–ONE STOP SHOP SOLUTIONS SPÓŁKA Z OGRANICZONĄODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA(address: ul. Gromadzka 5, 05-806 Sokołów andaddress for service: ul. Gromadzka 5, 05-806 Sokołów); entered in the Register of Entrepreneurs of the National Court Register under KRS number0000838140; the registry court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; NIP (Tax Identification Number):PL5213895176; REGON (National Business Register Number):385927098, email: [email protected].
CONSUMER RIGHTS ACT– Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
ORDER– the Buyer's declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

ABOUT THE WEBSITE

Offandoff.com is a trading platform – marketplace, which enables concluding Sales Agreements between Sellers and Buyers. The Website Owner publishes sales offers in the name and on behalf of partners (Sellers) on the basis of separate cooperation terms agreed between the Owner and the Sellers. The parties to the Sales Agreement concluded on the Website are the Seller and the Buyer. The Service Provider does not sell Products, nor does it provide to the Service Users other services than the Electronic Services indicated in these Terms of Service.
The Service Provider is responsible for the provision of the Electronic Services indicated in the Terms of Service and is obliged to provide them correctly.

GENERAL CONDITIONS FOR USING THE WEBSITE

The Service User is obliged to use the Website in a manner consistent with the law and good practice, taking into account respect for personal rights and copyrights and intellectual property of the Service
1. Provider, other Service Users and third parties. The Service User is obliged to enter accurate data. The Service User is prohibited from submitting any unlawful content.
2. Technical requirements necessary for using the ICT system operated by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) a current version of an Internet browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari or Microsoft Edge; (4) enabling cookies and Javascript in the browser.
3. The Service Provider complies with Article 14 section 1 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144, item 1204 as amended), according to which: the person who, providing access to the resources of the ICT system for the purpose of storing data by the service user, is not aware of the unlawful nature of the data or related activities is not liable for the stored data, and in the case of receiving official notification or obtaining reliable information of the unlawful nature of the data or related activities will immediately prevent access to such data.
4. The Service Provider informs that using the Website via the Internet involves risks. The primary threat to any user of the Internet, including persons using the Website and Electronic Services, is the possibility that the Service User's system or computer equipment may be infected by various types of software designed primarily to cause damage, such as viruses, worms or Trojan horses. In order to avoid these risks, it is important that the Service User installs antivirus software on the device they are using to access the Website, and that they keep it up to date by installing the latest version.
5. The Controller of personal data processed on the Website in connection with the provisions of these Terms of Service is the Service Provider. Personal data is processed for the purposes, for the period and based on the grounds and principles indicated in theprivacy policypublished on the Website. The privacy policy primarily contains rules concerning the processing of personal data by the Controller on the Website, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools on the Website. The use of the Website is voluntary. Likewise, the related provision of personal data by the user of the Website is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Service Provider).
6. The Controller of the personal data processed in connection with the conclusion and performance of the Sales Agreement is the Seller. Sellers who process Buyers' personal data obtained via Offandoff.com are obliged to process them in accordance with generally applicable laws, exercise due diligence to protect personal data to which they gain access via the Website and are obliged not to use the data obtained for purposes other than to use the Website and its Electronic Services, unless the basis for such action is justified by other generally applicable laws.
- ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE
1. Any Service User may use the Website under the conditions specified in the Terms of Service.
2. The Service User may use the following Electronic Services on the Website:Account,Order FormandNewsletter. A detailed description of Electronic Services and the principles of their operation is available in the Terms of Service and on the Website.
3. The use of the available Electronic Services is free of charge.
- TERMS AND CONDITIONS FOR USING THE ACCOUNT
1. Theuse of an Accountis possible after completing two consecutive steps by the Service User – (1) filling in the Registration Form, (2) clicking on “Create Account”. In the Registration Form, it is necessary for the Service User to provide the following details: e-mail address and password.
2. The use of the Account and its particular functionalities may require providing other data by the Service User – each time the information about the scope of data required is specified on the Website, before using a particular functionality (e.g. during placing the Order).
3. The Service User is obliged to update their Account details on an ongoing basis if they change.

The Service User is obliged to keep the access data to the Account secret from third parties. The Service User is not entitled to grant access to the Account to other persons, including through selling, renting or lending of the Account.
The Service User may have only one Account on the Website at a time.
The User Account Electronic Service is provided for an indefinite period of time and free of charge.The Service User has the option, at any time and without giving reasons, to cancel the use of their Account by sending an appropriate request to the Service Provider, in particular via the contact form or by e-mail to: [email protected]. In this case, the contract for use of the Account in question is terminated 30 days after the Service Provider receives the Service User's resignation. After expiry of this period, logging into the Account and use of the services available within the Account will not bepossible.

TERMS AND CONDITIONS FOR USING THE ORDER FORM

The use of the Order Form starts from the moment the Buyer adds the first Product to the electronic basket on the Website.
The Order Form may be used both by the Service User who has an Account on the Website and by a person who does not have an Account.
The Order is placed when the Buyer completes two consecutive steps – (1) after filling in the Order Form and (2) after clicking on the “Confirm purchase” button on the Website after filling in the Order Form – until this moment, it is possible to modify the data entered by the Buyer on their own (for this purpose, they should follow the messages displayed and the information available on the Website). In the Order Form it is necessary for the Buyer to provide the following details concerning the Buyer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Buyers who are not consumers, it is also necessary to provide the company name and NIP number.
The Order Form Electronic Service is provided free of charge and is a one-time service which terminates at the moment of placing an Order through it, or at the moment the Buyer discontinues placing an Order through it.

TERMS AND CONDITIONS FOR USING THE NEWSLETTER

Using the Newsletteris possible after providing in the “Newsletter” tab on the Website the e-mail address to which subsequent issues of the Newsletter are to be sent and clicking the “Subscribe” box. The Newsletter can also be subscribed to by ticking the appropriate checkbox when creating an Account – the moment the Account is created, the Service User obtains the Newsletter subscription.
The Newsletter Electronic Service is provided free of charge and for an indefinite period of time. The Service User has the right, at any time and without giving any reason, to unsubscribe from the Newsletter by sending an appropriate request to the Service Provider, in particular via email to the following address: [email protected]. Unsubscribing from the Newsletter is effective after 5 days after the date of receipt by the Service Provider of the Service User's resignation, and if the Service User uses the link to unsubscribe from the Newsletter included in the Newsletter email received, the unsubscription will be effective immediately.

RESTRICTION, SUSPENSION AND TERMINATION OF THE SERVICE USER'S ACCESS TO THE WEBSITE BY THE SERVICE PROVIDER

The Service User may terminate the use of the Website or individual Electronic Services in accordance with the terms of use indicated in the Terms of Service, in particular may at any time and without giving reasons resign from using the Account on the Website, submitting an Order via the Order Form or unsubscribing from the Newsletter by sending an appropriate request to the Service Provider, including, but not limited to, via e-mail to the following address: [email protected].

The Service Provider reserves the right to limit, suspend and ultimately also terminate its Electronic Services to a given Service User, including in relation to individual Products offered by that Service User on the Website, only and to the extent necessary, under the following conditions:
1. The grounds for limiting, suspending and ultimately terminating the provision of its Electronic Services to the Service User in question are:
  1. the provision by the Service User on the Website of incomplete (in the case of required data) or false contact data (e.g. name, company, address),
  2. reporting by the Seller to the Service Provider of false Product offers on the Website, including for example Products which the Seller is not able to deliver to the Buyers, lack of information about defects in the Products.
  3. non-performance or faulty performance of Sales Agreements by the Seller.
  4. placing Orders for purposes other than the conclusion and performance of the Sales Agreement;
  5. a legal or regulatory obligation under which the Service Provider is required to terminate the provision of all of its Electronic Services to the relevant Service User;
  6. the exercise by the Service Provider of the right to terminate services for an overriding reason under national law compatible with EU law;
  7. repeated violation of the Terms of Service by the Service User;
2. Restriction of Electronic Services consists in temporarily limiting the Service User's access to certain functionalities of particular Electronic Services – Account and Order Form.
3. Suspension of Electronic Services consists in temporary switching off the Service User's access to particular Electronic Services – Account and Order Form. During the suspension of the Account it is not possible to place Orders and conclude Sales Agreements.
4. At the time of restriction or suspension of Electronic Services, the Service User is obliged to take action to remove the reasons for the basis of the restriction or suspension, and after the removal of the reasons, the Service User is obliged to immediately inform the Service Provider thereof.
5. The restriction or suspension of Electronic Services shall continue until the reason on which they are based ceases to exist. In this case, the Service Provider shall withdraw the restrictions or suspension imposed without undue delay. Restrictions or suspensions may also be withdrawn if the Service User confirms that the grounds on which they are based have been removed, immediately upon receipt of such confirmation from the Service User. In this case, the Service Provider shall withdraw the restrictions or suspension imposed in whole or in part without undue delay. If part of the restrictions or suspensions have not been withdrawn and the reasons for their application subsequently cease to exist, the Service Provider shall in this case withdraw the remaining restrictions or suspensions in their entirety without undue delay.
6. The Service Provider decides how and to what extent to restrict, suspend or terminate the provision of Electronic Services to a given Service User. The Service Provider shall make decisions in a manner that is reasonable, necessary and proportionate to the nature and extent of the grounds for a particular decision and its consequences for the Service User concerned. Before making a decision, the Service Provider shall, if possible, request the Service User to cease the infringement and only if the request proves to be ineffective or impossible may the Service Provider make a decision. The Service Provider firstly undertakes to decide on a limitation, and only then to suspend the provision of Electronic Services, if the limitation alone proves to be insufficient. Termination of the provision of Electronic Services shall be treated as a final decision and it may be based only on the grounds indicated in pt. 9) section 2 letter a. points iv-vii of the Terms of Service.
7. In the event of a decision to limit or suspend the provision of Electronic Services to a given Service User, the Service Provider shall provide that Service User – before the limitation or suspension becomes effective or at the moment when it becomes effective – with a justification of this decision on a durable medium;
8. Where the Service Provider decides to terminate the provision of all its Electronic Services to a given Service User, they shall provide that Service User, at least 30 days before the date on which the
  1. termination takes effect, with reasons for that decision on a durable medium. The notification period referred to in the previous sentence shall not apply where the Service Provider:

In cases where the notification period does not apply, the Service Provider shall provide the Service User concerned, without undue delay, with the reasons for its decision on a durable medium.

The justification for the Service Provider's decision to limit, suspend or terminate the provision of Electronic Services must include a reference to the specific facts or circumstances – including the content of notifications received from third parties – that led to the Service Provider's decision, as well as a reference to the applicable grounds for that decision as referred to in this section of the Terms of Service. The Service Provider does not need to provide justification where they are subject to a legal or regulatory obligation not to provide specific facts or circumstances or to make reference to the applicable ground(s), or where the Service Provider can demonstrate that the Service User in question has repeatedly infringed the Terms of Service, which results in the termination of the entire provision of the Electronic Services in question.
In the event of limitation, suspension or termination of Electronic Services, the Service Provider shall provide the Service User with an opportunity to clarify the facts and circumstances under the internal complaint procedure referred to in pt. 18 of the Terms of Service. In the event of the withdrawal of a restriction, suspension or termination of services by the Service Provider, the Service Provider shall, without undue delay, restore the Service User, including providing the Service User with access to the personal data or other data which resulted from the use by the Service User of the Electronic Services concerned before the restriction, suspension or termination in question took effect.
Restriction, suspension and termination of access to Electronic Services of the Service User does not affect Sales Agreements already concluded, executed or performed by the Buyer and the Seller.
Termination of access to the Electronic Services of the Service User shall be without prejudice to the storage of the Service User's data for the period necessary for the fulfilment of the other purposes of processing in accordance with the privacy policy of the Website.

TERMS AND CONDITIONS FOR THE DISPLAY OF PRODUCTS

1. The offer to sell the Product on the Website by the Owner on behalf of the Seller is binding on the Seller on whose behalf it is made.

2. The Service Provider does not guarantee the Seller the creation of interest in the offers of its Products. The Service Provider makes no representation, express or implied, that the Website will be useful in the Seller's ability to attract new customers and sell Products.

3. The Seller wishing to display the Product shall be obliged to notify the Owner of the fact that the information provided is true, clear, understandable, reliable and not misleading as regards the subject matter and conditions of the offer to sell the Product. The listing of the Product should reflect the Seller's actual intention to sell the Product. The Product Offer, its subject matter and description must comply with the law and good practice, bearing in mind in particular the respect for personal rights and copyrights and intellectual property of the Service Provider, other Service Users and third parties.

4. The Seller shall be obliged to hold the rights required by law to conduct its business activity and to market the Product displayed, including, if required, any permits, concessions or other individual administrative acts.

5. Sellers placing their Products for sale on the Website are always obliged to ensure that the Products they offer meet certain requirements for trading in Products of this type, in particular with regard to their safety for Buyers, as well as other trade requirements stipulated by applicable law.

6. The Seller, for whom the conclusion of Sales Agreements is connected with their business activity, is obliged to observe the rights of consumers and persons to whom certain consumer rights apply, in particular concerning the fulfilment of information obligations, the right to withdraw from the agreement without stating a reason and the right to make a complaint.

7. At the request of the Buyer interested in the Product offer, the Seller shall be obliged to provide explanations regarding the subject matter and conditions of the Product sale offer.

PRODUCT PLACEMENT, ADDITIONAL GOODS AND SERVICES, ACCESS TO DATA

The Service Provider indicates the main parameters determining the placement of Products on the Site:

Product category;
providing a proper description of the Product;
Product price, promotional price, if any;
providing photos of Products, number of photos.

The parameters determining the placement of Products on the Website are intended, on the one hand, to make it easier and faster for Buyers to find the Product they are interested in, and, on the other hand, to enable and increase the value of sales by Sellers through the Website.
Neither the Service Provider, Seller nor third parties within the Website offer additional goods and services, including financial products, to Buyers when concluding a Sales Agreement via the Website. “Additional goods and services” means the goods and services offered to the Buyer before completion of the Order on the Website in addition to the basic Product offered by the Seller on the Website.
When using the Website, the Service Provider and Service Users may have access to the following categories of personal data or other data that Service Users provide for the purposes of using the Website or that is generated as a result of using the Website:

Service Users who do not conclude Sales Agreements through the Website: the data of a given Service User posted on the Website and data publicly available on the Website during its browsing, such as basic data of Sellers (name, address, NIP if applicable) and other data contained in descriptions of particular Product offers on the Website;
Buyer: the same data as Service Users who do not conclude Sales Agreements through the Website, and in addition the detailed data of the Seller with whom they have concluded a Sales Agreement made available to them by the Seller, in particular those necessary to make payments or use the Product; the number of Sales Agreements concluded by them, information about Orders placed by them, information about ratings and comments;
Sellers: the same data as Service Users who do not conclude Sales Agreements through the Website, but additionally: basic data of the Buyer with whom they have concluded a Sales Agreement (name, address), number of Sales Agreements concluded by them, information about Orders received by them, information about ratings and comments received by them and their responses to ratings and comments;
Service Provider: has access to all data of all Service Users, Buyers and Sellers on the Website, which are accessed by Service Users, Buyers and Sellers on the Website in accordance with the rules indicated in this section of the Terms of Service. The Service Provider shall store this data for the purposes and for the period determined in accordance with the privacy policy of the Website.

PAYMENTS UNDER THE SALES AGREEMENT

In the event that a single Buyer's Order placed using the Order Form includes Products issued by more than one Seller, payment for the Product must be made to each Seller separately.
The Seller shall make available to the Buyer the following methods of payment for concluded Sales Agreements:

Payment in cash on delivery.
Payment by bank transfer to the Seller's bank account.
Electronic or card payments via PayU.pl, Tpay.com – available current payment methods are specified on the websitehttp://www.payu.pl,https://tpay.com/. The handling of electronic and card payments is carried out at the choice of the Service User:
1. PayU.pl – the company PayU S.A. with its registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, share capital: 4,000,000 PLN fully paid up, NIP: 779-23-08-495.

2. Tpay.com – the company Krajowy Integrator Płatności Spółka Akcyjna (formerly Brachia Sp. J.) with its registered office in Poznań (address: Św. Marcin 73/6, 61-808 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000412357, registration files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, share capital: 4,798,500.00 PLN fully paid up, NIP: 7773061579.

3.Due date of payment:

1. If the Buyer chooses to pay by bank transfer, electronic payment or card payment, the Buyer is obliged to make the payment within 7 calendar days of the conclusion of the Sales Agreement.
2. If the Buyer chooses to pay cash on delivery, the Buyer is obliged to make payment on delivery.

COST, METHODS AND DATES OF DELIVERY OF THE PRODUCT

Delivery of the Product is available on the territory of the Republic of Poland.
Delivery of the Product to the Buyer is chargeable, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal charges) shall be indicated to the Buyer each time during the placement of an Order, including also at the moment when theBuyerexpresses their will to be bound by the Sales Agreement.
The Seller shall make available tothe Buyerthe following methods of delivery or collection of the Product:
1. Courier delivery, cash on delivery.
2. Delivery to a parcel locker.
The Product shall be delivered to the Buyer within 4 Working Days, unless a shorter period is specified in the Product description or during the Order placement process. In the case of Products with different delivery dates, the delivery date shall be the longest date given, which may not, however, exceed 4 Working Days. The start of the period for delivery of the Product to theBuyershall be calculated as follows:
1. If theBuyerchooses to pay by bank transfer, electronic payment or card payment – from the date of crediting the Seller's bank account or settlement account.
2. Ifthe Buyerchooses cash on delivery – from the date of conclusion of the Sales Agreement.

CONDITIONS OF CONCLUSION AND PERFORMANCE OF THE SALES AGREEMENT

The conclusion of a Sales Agreement between the Buyer and the Seller via the Website proceeds as follows:

The Website Owner makes an offer on behalf of the Seller for the sale of a Product that may be subject to a Sales Agreement in accordance with these Terms of Service.
In response to an issued offer, the Buyer places an Order (accepts the Sales offer) using the Order Form available on the Website – the Order is placed when the Buyer clicks the “Confirm purchase” box on the Order Form – at this moment a Sales Agreement is concluded between the Buyer and the Seller.

The conclusion of a Sales Agreement shall be confirmed by placing information on the Website, in the relevant tab of the Buyer's Account and additionally the confirmation shall be sent by e-mail to the address provided by the Buyer. The aforementioned method is also used to record, secure and make available the content of the concluded Sales Agreement.

2. As soon as a Sales Agreement is concluded, the Seller automatically receives the Buyer's contact details provided voluntarily by the Buyer within their Account.

3. After concluding a Sales Agreement, the further course of action of the Buyer and the Seller results from the applicable provisions of law – the Seller is obliged, first of all, to release the Product and the Buyer is obliged to pay the agreed price.

4.The Buyer has the possibility to place one Order using the Order Form for Products issued by more than one Seller – in this case the Buyer shall conclude separate Sales Agreements with selected Sellers.

CONTACT US

The main form of ongoing remote communication with the Service Provider is by e-mail (e-mail address: [email protected]), through which information concerning the use of the Website may be exchanged with the Service Provider. Service Users may also contact the Service Provider in other ways permitted by law, using the contact details specified at the beginning of the Terms of Service.

COMPLAINTS AND WITHDRAWALS FROM THE SALES AGREEMENT

The basis and scope of the Seller's liability towards the Buyer under the Sales Agreement are set forth in generally applicable legal regulations, in particular the Civil Code. The Buyer should submit complaints related to the Sales Agreement directly to a given Seller, using the contact data made available in the received confirmation of concluding a Sales Agreement and on the Seller's Account on the Website.
The rights and obligations of the Buyer being a consumer in relation to the Seller concerning the right of withdrawal from the Sales Agreement are set forth in generally applicable legal regulations, in particular the Act on Consumer Rights.
The Seller is obliged to comply with the applicable provisions aimed at protecting consumers' rights and their right to make a complaint and withdraw from an agreement concluded remotely on the principles specified in the Act on Consumer Rights.

COMPLAINTS CONCERNING THE WEBSITE AND ELECTRONIC SERVICES

The basis and scope of liability of the Service Provider towards the Service User for the provision of Electronic Services are determined by generally applicable laws, in particular the Civil Code.
Complaints relating to the operation of the Website and Electronic Services may be submitted by the Service User, for example, by e-mail (e-mail address: [email protected]).
The Service Provider recommends including the following in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the irregularity; (2) the Service User's claim; and (3) the contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Service Provider. The requirements given in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

CONSUMER WITHDRAWAL

A consumer who has concluded an agreement remotely may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in pt. 19.8 of the Terms of Service. Sending the declaration before the deadline is sufficient to meet the requirements. The declaration of withdrawal from the agreement concluded with the Service Provider may be submitted, for example, by e-mail to: [email protected]. The consumer's declaration of withdrawal from the agreement concluded with the Seller should be submitted directly to the given Seller, using the contact details made available, for example, in the received confirmation of conclusion of the Sales Agreement.
An example of a withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available in pt. 24 of the Terms of Service. The consumer may use the model form, but this is not obligatory.
The period for withdrawal shall begin:
1. for the agreement in the performance of which the trader delivers the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking possession of the Product by the consumer or a third party indicated by them other than the carrier, and in the case of the agreement which: (1) consists in multiple Products delivered separately, in instalments or in parts – from taking possession of the last Product, instalment or part or (2) consists in the regular delivery of Products for a fixed period – from taking possession of the first Product;
2. for other agreements – from the date of conclusion of the agreement.
In the case of withdrawal from an agreement concluded remotely, the agreement shall be deemed not to have been concluded.
The trader must immediately, and in any event not later than 14 calendar days from receipt of the consumer's statement of withdrawal, return to the consumer all payments made by them, including the costs of delivery (with the exception of the additional costs resulting from the choice of a method of delivery chosen by the consumer other than the cheapest available method of delivery). The trader shall refund the payment using the same means of payment as the consumer used, unless the consumer has expressly agreed to another way of refund which does not incur any costs on their part. If the trader has not offered to collect the product from the consumer themselves, they may withhold the refund of the payment received from the consumer until they have received the product back or the consumer has supplied evidence of having sent back the product, whichever occurs first.
The consumer must return the product to the trader or hand it over to a person authorised by the trader to collect it without delay, and in any event within 14 calendar days from the day on which they withdraw from the agreement, unless the trader has offered to collect the product themselves. It is sufficient to send the product back before the deadline.
The consumer shall be liable for any reduction in the value of the Product resulting from the use of the Product beyond that which is necessary to establish the nature, characteristics and functioning of the Product.
Possible costs associated with the withdrawal from the agreement to be borne by the consumer:
1. If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Shop, the Seller shall not be obliged to reimburse the consumer for additional costs incurred by them.
2. The consumer shall bear the direct costs of returning the Product.
3. In the case of a service, performance of which has begun – at the express request of the consumer – before the end of the withdrawal period, the consumer who exercises their right of withdrawal after having made such a request shall be liable to pay for any services provided until the withdrawal from the agreement. The amount of the payment shall be calculated in proportion to the extent of the performed service, taking into account the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the service provided.

The consumer shall not have the right to withdraw from an agreement concluded remotely with regard to agreements: (1) for the provision of services where the trader has performed the service in full with the express consent of the consumer who has been informed prior to the performance that after the trader has performed the service they will lose their right of withdrawal; (2) in which the price or remuneration

depends on fluctuations of the financial market which are not controlled by the trader and which may occur before the end of the withdrawal period; (3) in which the object of the service is a non-prefabricated product, produced according to the consumer's specifications or intended to meet the consumer's personalised needs; (4) in which the object of the service is a product which is liable to deteriorate quickly or has a short shelf life; (5) in which the object of the service is a product supplied in a sealed package which, once opened, cannot be returned for health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of the service are products which, after delivery, by their nature, are inseparably combined with other things; (7) in which the object of the service are alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, the delivery of which can only take place after 30 days and the value of which depends on fluctuations of the market which the trader does not control; (8) in which the consumer has expressly requested the trader to visit them for the purpose of carrying out urgent repair or maintenance; if the trader provides services in addition to those requested by the consumer or supplies products other than replacement parts necessarily used in carrying out the repair or maintenance, the right of withdrawal shall apply to the additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services relating to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of performance; (13) for the supply of digital content which is not recorded on a tangible medium, if the performance has begun with the consumer's express consent before the expiry of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal.
The provisions contained in this point 19 of the Terms of Service regarding the consumer shall apply as of 1 January 2021 and for agreements concluded as of that date also to a natural person concluding an agreement directly related to their business activity, if it results from the content of that agreement that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.

OUT-OF-COURT COMPLAINT HANDLING

Detailed information concerning the possibilities of using out-of-court complaint and redress procedures by the Service User who is a consumer, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at:https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, e-mail:[email protected]or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, inter alia, to provide consumers with assistance in matters concerning out-of-court settlement of consumer disputes.
The consumer can use the following out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court (for more information see:http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (for more information, visit the website of the inspector competent for the place of business activity of the Seller or the Service Provider); and (3) the assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at[email protected]and by calling the consumer helpline at 801 440 220 (available on Working Days from 8:00 a.m. to 6:00 p.m., call charge as per operator's tariff).
A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr . The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and businesses seeking out-of-court dispute resolution concerning contractual obligations arising from an online sales agreements or service agreements (more information on the platform itself or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

PROVISIONS CONCERNING TRADERS

These Terms of Service and all the provisions contained herein are addressed to and thus bind only the Service User who is not a consumer, and from 1 January 2021 and for agreements concluded from that date onwards, who is also not a natural person who concludes an agreement directly related to their business activity, where it results from the content of that agreement that it is not of a professional nature for that person, in particular resulting from the subject matter of their business activity made available on the basis of the provisions of the Central Register and Information on Business Activity.
The Service Provider is entitled to withdraw from the agreement for provision of Electronic Services concluded with the Service User within 14 calendar days from the date of its conclusion.
The Service Provider shall not be liable to the Service User for damages and non-fulfilment of obligations arising from any errors and technical failures and interruptions.
The Service Provider shall not be liable to the Service User for damages and non-performance of obligations resulting from force majeure events (e.g. hacking, natural disasters, epidemics, riots, wars) or any other causes beyond the Service Provider's control.
The Service Provider's liability towards the Service User, regardless of its legal basis, is limited – both for a single claim as well as for all claims in total – to the amount of fees paid by such Service User to the Service Provider for the use of Electronic Services, and in the absence thereof – to the amount of one thousand PLN. The limitation of the amount referred to in the previous sentence shall apply to all claims brought by the Service User against the Service Provider. The Service Provider shall only be liable to the Service User for typical damages foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits.
Any disputes arising between the Service Provider and the Service User shall be submitted to the court having jurisdiction over the registered office of the Service Provider.

TECHNICAL INTERRUPTIONS

The Service Provider makes every effort to ensure the correct and uninterrupted functioning of the Website. However, due to the complexity of the Website, as well as due to external factors beyond the Service Provider's control (e.g. DDOS attacks – distributed denial of service), it is possible that errors and technical failures will occur, preventing or limiting in any way the functioning of the Website. In such a case, the Service Provider will take all possible and reasonable measures to ensure that the negative effects of such events are limited as much as possible.
The Service Provider is obliged to inform the Service Users immediately of any errors and technical failures referred to above and the expected time of their removal.
In addition to interruptions caused by errors and technical failures, other technical interruptions may also occur, during which the Service Provider takes steps to develop the Website and to protect it against errors and technical failures.
The Service Provider shall plan technical interruptions in such a way as to make them the least inconvenient for the Service Users, in particular that they are planned for the night time and only for the time necessary for the Service Provider to perform the necessary actions. The Service Provider shall inform the Service Users of planned technical interruptions well in advance, also indicating the duration of the planned interruption.
The Service Provider shall not be liable to the Service User for damages and non-fulfilment of obligations resulting from any errors and technical failures and interruptions referred to in this paragraph of the Terms of Service.
However, this section of the Terms of Service does not exclude or limit the rights of a Service User who is a consumer under mandatory provisions of law, in particular with regard to the Service Provider's liability.

COPYRIGHTS

Copyright and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and signs available within it, belong to the Service Provider or other authorised third parties, whose authorisations are held by the Service Provider and are protected by the Act of 4 February 1994 on copyright and related rights (Journal of Laws No 24, item 83 as amended) and other generally applicable laws. The protection granted to the Website covers all forms of expression.
The Website is to be treated like any other work subject to copyright protection. The Service User is not permitted to copy the Website, except as permitted by mandatory law. The Service User also undertakes not to modify, adapt, translate, decode, decompile, disassemble or in any other way attempt to determine the source code of the Website, except as permitted by mandatory law.
Service Provider's and third parties' trademarks should be used in accordance with applicable laws.

FINAL PROVISIONS

Agreements concluded through the Website are concluded in the Polish language.
Amendments to the Terms of Service:

Service Provider reserves the right to amend these Terms of Service for important reasons, that is: changes in laws directly affecting the content of these Terms and Conditions; being subject to legal or regulatory obligations, changes in the scope or form of the Electronic Services provided; adding new Electronic Services; changes in payment methods; and to counter unforeseen and imminent threats related to the protection of the Website, including Electronic Services and Service Users from fraud, malware, spam, data breaches or other cyber security threats – to the extent that these changes affect the implementation of the provisions of these Terms of Service.
The period of notice of proposed amendments before they are implemented shall be at least 15 days from the date of notification, subject to pt. 23 section 2 letter d of the Terms of Service. The Service User concerned has the right to terminate the agreement with the Service Provider before the expiry of the notification period. Such termination shall take effect 15 days after receipt of the notification.
The amended Terms of Service shall be binding upon the Service User if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service User has been correctly notified of the amendments in accordance with the notification period prior to their implementation and has not terminated the agreement during this period. In addition, at any time after receiving notification of changes, the affected Service User may, by means of a written statement or an explicit affirmative action, accept the changes and thus waive the continuation of the notification period.

3.In the case of consumers, and from 1 January 2021 and for contracts concluded from that date also in the case of natural persons concluding an agreement with the Service Provider directly related to their business activity, where it is apparent from the content of that agreement that it is not of a professional nature for that person, arising in particular from the subject of their business activity made available on the basis of the provisions on the Central Register and Information on Business Activity:

1. In the event that an amendment to the Terms of Service results in the introduction of any new fees or an increase in current fees, a Service User who is a consumer or a natural person as indicated above shall have the right to withdraw from the agreement.
2. The amendments to the Terms of Service shall not in any way affect the acquired rights of the Service User or natural person referred to above prior to the effective date of the amendments to the Terms of Service, in particular the amendments to the Terms of Service shall not affect orders already placed or submitted as well as Sales Agreements concluded, executed or performed.

4. The Service Provider may amend the Terms of Service without observing the 15-day notification period referred to in this clause pt. 23 section 2 of the Terms of Service, in the event that the Service Provider:

is subject to a legal or regulatory obligation under which it is required to amend the Terms of Service in a way that prevents it from complying with the 15-day notification period,
must exceptionally amend its Terms of Service to address unforeseen and imminent risks associated with protecting the Website, including the Electronic Services and Service Users from fraud, malware, spam, data breaches or other cyber security threats.
In the cases referred to in point 23 section 2 letter d of the Terms of Service, the introduction of changes shall take place with immediate effect, unless it is possible or necessary to apply a longer period for the introduction of changes, which shall be notified each time by the Service Provider.

5. Matters not regulated by these Terms of Service shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Providing Services by Electronic Means of 18 July 2002. (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act and other relevant provisions of generally applicable laws.

MODEL WITHDRAWAL FORM (ANNEX 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form
(this form must be completed and returned only if you wish to withdraw from the agreement)

– Addressee:

SELLER/SERVICE PROVIDER DATA

– I/We(*) hereby give notice(*) of my/our withdrawal from the sales agreement for the following goods(*) the supply agreement for the following goods(*) the contract for the performance of the following tasks(*) /the contract for the provision of the following services(*)

– Date of conclusion of the agreement(*)/receipt (*)

– Name and last name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent on paper)

– Date

(*) delete as appropriate

Thank you for your careful reading!

If you have any questions, please contact us using the details provided in the introduction.

We look forward to working with you,

The OffandOff.com team