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Algemene voorwaarden (AV) - Online winkel

Terms and Conditions

Regulations of the online store " solidwoodfurniture.de"

§ 1 Basic definitions
§ 2 General provisions
§ 3 Terms of service
§ 4 Sales contract
§ 5 Order fulfillment
§ 6 Delivery
§ 7 Payment methods
§ 8 Warranty
§ 9 Withdrawal
§ 10 Complaints procedure

§ 11 Liability

§ 12 Out-of-court methods of dealing with complaints and pursuing claims
§ 13 Provisions concerning entrepreneurs
§ 14 Guarantee
§ 15 Final provisions

General information

Regulations of the "SOLID WOOD FURNITURE" store available at https://www.solidwoodfurnitore.de/. E-mail info@solidwoodfurniture.de, telephone: +48600 416 913.

Dear Customer, these Regulations govern the manner of concluding sales contracts via the above-mentioned Online Store, the rules for the implementation of these contracts, including delivery, the rights and obligations of the Customer and the Seller under applicable law and the procedure for withdrawing from the contract and complaint procedure. The Regulations consist of four main parts:

a) in § 1 to 3 - there are general regulations of these Regulations;
b) in § to 4 to 7 - the process of purchasing the Goods from the Online Store has been described;
c) in § 8 to 12 - regulations related to the finding of defectiveness of the Goods as well as the right to withdraw from the contract are included;
d) in § 13 to 14 - all other regulations are included.

§ 1 Basic definitions

Online store - online store available at solidwoodfurniture.de
Seller - KADE Krzysztof Drozdowski, NIP: 712-121-70-38, REGON: 432325963.
Seller's address - whenever the Regulations refer to address of the Seller, it means the following data:
1. registered office: CudneMeble, ul. Fabryczna 2 lok 2.7, 20-301 Lublin,
2. e-mail address: info@solidwoodfurniture.de

Customer - a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, which has concluded or intends to conclude a sales contract with the Seller.
Consumer - art. 22 ¹of the Civil Code: a natural person making a legal transaction with the Seller not directly related to its business or professional activity.
Distance contract - means a contract concluded between the Online Store Seller and the Consumer as part of an organized procedure of the distance contracting system, without the need for the participation of both parties to the contract in one place and time, concluded using one or more means necessary for distance communication. up to and including the conclusion of the contract.
Service - a service provided electronically by the Service Provider (Seller) to the Service Recipient (Customer) via this Online Store.
Sales contract - a sales contract for the Product listed on the website of the above-mentioned Online Store, concluded or concluded between the Customer and the Seller via the Online Store.
Goods - a product, a movable item that the Customer purchases via the Online Store.
Basket - a place where the Customer indicates important elements for a further order, such as: the number of Goods, delivery address, delivery method, payment method, invoice data and possibly other information, if providing them is necessary for the proper execution of the order.
Order - the Customer's declaration of will, submitted via the Online Store, specifying: the type and quantity of the Goods in the Online Store's assortment at the time of placing the order, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and the Customer's data.
Promotion/discount - an individual, amount or percentage discount for the Customer granted for the purchase of a given product or a given group of products in the Online Store.
Order form - an electronic service, a form on an electronic medium available in the Online Store, enabling the submission and execution of the Order, including by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Order fulfillment time - the time in which the order placed by the Customer of the Online Store will be completed, packed, sealed by the Seller and submitted for delivery by the form of delivery selected by the Customer.
Working day - one day from Monday to Friday, excluding public holidays.
Newsletter - a marketing service provided by the Service Provider (Seller) via e-mail, using e-mail addresses, which enables the Service Recipients (Clients) to automatically receive advertising content from the Service Provider of the Online Store Products, including information about promotions, news and subsequent editions of the Online Store newsletter .
Consumer Rights Act, Act - Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

§ 2 General provisions

The Seller hereby declares that he undertakes to provide services being the subject of the Online Store's activity to the Customer in a reliable manner and in accordance with applicable law, principles of social coexistence and in the manner regulated in these Regulations.
The Seller declares that it complies with all the required rules for the protection of Customers' personal data, which are provided for, inter alia, by the Act of August 29, 1997 on the protection of personal data (i.e. Journal of Laws of 2015, item 2135, as amended). The Customer agrees to the collection, storage and processing of personal data by the Seller only for the purpose directly related to the implementation of the Service/Goods ordered in the Online Store. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the "Privacy Policy" of the Online Store.
When placing orders in the Store, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form. To complete the order, it is necessary to accept the provisions of the regulations. Please be advised that the conclusion of the Sales Agreement via the Internet and acceptance of the regulations entails the obligation to pay for the ordered Goods.
The administrator of personal data is the Seller, and these data are protected in accordance with the Act of August 29, 1997. on the protection of personal data (consolidated text, Journal of Laws of 2014, item 1182, as amended). The set of personal data is registered with GIODO - Inspector General for Data Protection
The data controller applies appropriate technical and organizational measures to ensure the protection of personal data, depending on the threats and categories of data protected. First of all, it protects data against being made available, taken away, processed, lost, changed, damaged or destroyed by unauthorized persons. The detailed scope of protection is regulated in accordance with the requirements in the Personal Data Protection policy (security policy, personal data protection regulations, IT system management instructions).
Each person whose data is processed has the right to:
1. supervision and control of the processing of personal data for which the seller maintains a collection of customer data in the above-mentioned store;
2. obtain comprehensive information whether such a file exists and is maintained by the seller;
3. determining who is the data administrator, determining his address, registered office, name, in a situation where the administrator is a natural person, to determine his name and surname and place of residence;
4. obtain information about the purpose, scope, method and time of processing the data contained in such a file;
5. obtain information in a commonly understood form of the content of this data;
6. to know the source from which the data concerning him/her comes from, unless the data controller is obliged to keep confidential information in this respect or to maintain professional secrecy;
7. requests to supplement, update, rectify personal data, temporarily suspend or delete them if they are incomplete, outdated, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.

In accordance with point 6, the customer has the right to inspect the content of the processed personal data, correct them, and request the removal of this data. The personal data administrator is obliged to supplement, update, rectify data, temporarily or permanently suspend processing or remove them from the collection on an ongoing basis and immediately after notification, unless the request concerns personal data for which the mode of supplementing, updating or rectifying them is specified in separate legal provisions, including acts.
In the process of finalizing the order, the customer agrees to the collection and processing of personal data by the Seller within the meaning of the Act of August 29, 1997 on the protection of personal data (Journal of Laws 2014.1182, as amended). The data may be transferred to another entity only in the situation required by law or necessary for the execution of the order.
The customer may agree to receive advertising and commercial information from the Seller by electronic means by subscribing to the NEWSLETTER.
The Customer undertakes to use the Online Store in accordance with applicable law and principles of social coexistence.
The Customer using the Seller's Services provided via the Online Store is obliged to comply with these Regulations to the extent that it is necessary to complete the order and is not contrary to applicable law and the principles of social coexistence.
The Online Store Seller declares that the Goods available and sold in its Online Store are new, usable, safe and free from physical and legal defects. The goods fully correspond to the properties that are displayed and described on the Online Store website. Some of the Goods available in the Store may be made to the Customer's individual order. The Seller provides for the possibility of selling used Goods, properly informing the Customer about the properties of this Good.
If the Goods are covered by the manufacturer's warranty, the so-called warranty document in which the manufacturer assumes responsibility for the properties of the items, the existence of which he assured (e.g. as to the functionality, durability, quality of items), this warranty does not exclude and does not limit in any way the Buyer's ability to exercise his rights under under the warranty for defects in the Goods, both physical and legal.
The Seller fulfills orders in Poland and orders placed by Consumers in Europe, and after prior arrangement of delivery conditions also in other countries.
All Goods on sale in the Online Store have been introduced to the Polish market in a legal and legal manner. Information about the Goods on the Online Store website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of April 23, 1964 of the Civil Code.
All prices of Products/Goods/Services given on the Online Store website are given in the Polish currency (Polish zlotys), they are gross prices including VAT, customs duties and other components imposed by law.
NOTE: The prices of the Goods provided on the Online Store website do not include delivery costs, they are added only at the stage of selecting the method of delivery of the ordered Goods by the Customer.
An entrepreneur who runs a sole proprietorship, if he makes a purchase that is not related to his business, has the right to withdraw from the contract within 14 calendar days from the moment the Customer or a third party indicated by him other than the carrier takes possession of the Goods.
For the record. In connection with the new provisions of the Civil Code, the legislator also planned to add Art. 38a to the Consumer Rights Act, which will enable sole proprietorships to benefit from the 14-day return right - as follows: "Art. 38a The consumer provisions contained in this Chapter shall apply to a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.”
556(4) The consumer provisions in this section, with the exception of s. 558 § 1, second sentence, shall apply to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by it , made available on based on the provisions on the Central Registration and Information on Business.
Verification of whether a given activity is of a professional nature will be based on CEiDG - Central Register and Information on Economic Activity - and specifically on the PKD codes entered there, specifying the types of economic activity.
Entrepreneurs running a sole proprietorship will be entitled to:
1. prohibited clauses used in standard contracts;
2. warranty for defects in the sold item;
3. recourse claim against the previous seller in connection with the fulfillment of the consumer's complaint;
4. the right to withdraw from a contract concluded remotely or off-premises within 14 days;
Consumer provisions contained in Art. 385( 1) -385(3) of the Civil Code [concerning prohibited contractual provisions] shall apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for him, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
New article 385(5) of the Civil Code applies only to prohibited contractual provisions (abusive clauses). The provisions on abusive clauses will apply to sole traders after January 1, 2021. A catalog of twenty-three exemplary abusive clauses is contained in Art. 385(3) kc On the other hand, in the current version of the register of abusive clauses kept by the President of UOKiK.
The new regulations will apply to contracts concluded after January 1, 2021. The provisions of art. 385[5], art. 556[4], art. 556[5] and Art. 576[5] of the Act amended in Art. 1 does not apply to contracts concluded before January 1, 2021. The provision of art. 38a of the Act amended in Art. 55 does not apply to contracts concluded before January 1, 2021.
Entrepreneurs running a sole proprietorship will still not be able to use the assistance of institutions supporting consumers in protecting their rights, including the assistance of Poviat/Municipal Consumer Ombudsmen or the Office of Competition and Consumer Protection.

§ 3 Terms of Service

This Online Store provides services by electronic means, the condition for entering into the contract is, first of all, filling in the online order form in order to conclude a sales contract. Accession to the conclusion of the contract is voluntary.
The contract for the provision of services is concluded electronically in the form of enabling the Customer to complete the order form of the Online Store, the contract is concluded for a definite period of time when the Customer starts to fill in the form and is terminated when the Customer withdraws from completing the form or when the completed form is sent to the Seller. The process of filling in the order form is organized so that each customer has the opportunity to read it before making a decision to conclude a contract or to amend the contract.
The service specified in point 1 is provided free of charge, however, it may require access to the Internet.
You can place an order by e-mail within 24 hours. around the clock 7 days a week.
When finalizing the purchase, the customer selects the option in the appropriate order window: "I consent to the store processing my personal data contained in the order form for the purpose and scope necessary to complete the order." – it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawing from concluding the contract.
Pursuant to Art. 8 section 2 GDPR, the administrator, taking into account available technology, makes reasonable efforts to verify whether the person exercising parental authority or custody of a child (under 13 years of age) has consented or approved it.
Requirements necessary to use the services provided by the Online Store Seller:
1. device with access to the Internet,
2. a web browser that supports Cookies, for example:

Internet Explorer version 8.0 or later with ActiveX, JavaScript and Cookies enabled or
Mozilla Firefox version 22.0 or newer with support for Java applets, JavaScript and cookies enabled or
Google Chrome version 28.0 or later with Java applets, JavaScript and cookies enabled or
Opera version 12.0 or newer with support for Java applets, JavaScript and cookies enabled or
Apple Safari 5.0 or later with support for Java applets, JavaScript and cookies enabled;

access to e-mail type of electronic mail.

The Customer's costs related to access to the Internet and data transmission are borne solely by the Customer in accordance with the tariff of his provider with whom the Customer has signed a contract for the provision of Internet services.

§ 4 Sales Agreement

In order to conclude a valid and binding party to the Sales Agreement, the Customer selects in accordance with the displayed offer of the Online Store, specifying the quantity of the Goods he intends to purchase and, if possible, indicating the characteristics of the ordered Product and its specification, respectively. Together with the selection of the Goods, the Customer completes the online order form, indicating in it the data necessary for the Seller to complete the order, such as, for example, quantities, place of delivery and payment methods, based on the messages and information displayed to the Customer available on the website and contained in these Regulations.
Registration of the Customer Account in the Online Store is voluntary and free of charge.
If the Seller provides the possibility of ordering Goods, the properties of which consist in the fact that they are made to the Customer's individual order, the Customer sends, together with the online order form, the content necessary to make the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements contained in the description of the Goods or selects the appropriate specification of the Goods from the options provided by the Seller for the configuration of the given Goods.
Immediately after receiving the order, the Seller sends the Customer by e-mail to the e-mail address provided when placing the order, a statement of acceptance of the order, which is also its confirmation. Upon receipt of the message by the Customer, the sales contract is concluded.
The message summarizing and confirming the order contains all the previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, its specification in the case of ordering Goods with individual properties specified by the Customer of the Online Store, the total price to be paid (specified in Polish zlotys) along with delivery costs and the amount of discounts granted (if applicable).
If the Customer has more discounts from several sources/promotions, they are combined/aggregated only when it is expressly specified in the Promotion Regulations. In the absence of a provision regarding the method of combining various promotions/discounts, only one discount (one promotion) can be selected for a given purchase.

§ 5 Order fulfillment

The seller reliably fulfills the customer's orders in the order in which they are received - each order is a priority for us and very important!
The order processing time for a single customer is from 1 to 5 working days from the date of sending the order by the customer. In the case of products marked with 'made to order' availability, the delivery time is specified on the product page. The order processing time consists mainly of the order preparation time (completion and packaging of the order, delivery of the shipment to the courier, and in selected cases, the execution of the Goods). The delivery time of the order depends on the chosen method of delivery, it may change depending on the type of transport indicated by the Customer.
In the event of exceptional circumstances or inability to complete the order in the indicated in point 2, the Seller immediately contacts the Customer in order to determine the further procedure, including setting a different date for the order, changing the method of delivery.

§ 6 Delivery

The delivery of the Goods takes place via the operator of Poczta Polska or a courier company or in another way accepted by the parties that does not involve excessive and unjustified costs on the part of the Seller and the Customer.
The ordered Goods are delivered in accordance with the Customer's choice, either directly to the Customer's address indicated in the online order form and confirmed by the Customer as the shipping address or collected in person at the personal collection point at the address provided during the execution of the order.
The goods are always packed in a way that suits their properties so that they are not damaged, lost or destroyed during transport.
The customer is kept informed about the delivery costs, they are provided when the customer completes the online order form. The amount of shipping costs depends on the country to which the order is sent, the number of ordered goods, their weight and the method of sending the shipment.
After receiving the shipment, the Customer who is a Consumer or a third party authorized by him should, if possible, carefully check the condition of the packaging, whether it has no signs of damage, unauthorized interference and whether its contents are intact. If the products appear to be damaged, the customer is requested not to accept the shipment, if possible. In the event of any damage or other irregularities, the Customer should draw up a damage report in the presence of the courier and notify the Seller. This provision in no way excludes or limits the rights of the Customer who is a consumer, e.g. as to the right to file a complaint, and is only intended to help the Online Store determine the damage and the person responsible for it. Reporting damage to the shipment depends on the protocol drawn up by the Buyer with the courier. The damage report must contain information that "the outer packaging bears traces of damage". The consumer has the right to read the order thoroughly.

§ 7 Payment methods

The Seller enables payment for the ordered Goods in the form of a prepayment to the bank account with the following number: PL97 1090 2590 0000 0001 3003 8003 in the BZWBK bank.
Electronic payment by credit card (Visa, Visa Electron , MasterCard , Maestro) or by online bank transfer via Przelewy24 online payment service.
The operator of payment cards is PayPro SA Agent Rozliczeń, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000347935, NIP 7792369887, Regon 301345068 .
It is not possible to pay in cash upon delivery of the ordered Goods.
The Seller documents the sale of the Goods in accordance with the Customer's request, either with a receipt or a VAT invoice. Proof of purchase in the form of a receipt or VAT invoice is delivered to the Customer together with the ordered Goods. For all ordered Goods in the Online Store, the Seller has the option of issuing a VAT invoice.
Payment in installments is not possible.

§ 8 Warranty

Delivery of the Goods under the warranty for defects is at the Seller's expense.
The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Goods to the Consumer. The Seller is liable to the Consumer if the Consumer Good at the time of its release was inconsistent with the contract, has physical and legal defects. The Seller is responsible for non-compliance of the Consumer Good with the contract if it is found before the expiry of two years from the delivery of the Good to the Buyer, and if the Good is replaced, this period runs anew. A physical defect consists in the non-compliance of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:
1. it does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from circumstances or intended use;
2. does not have properties the existence of which the Seller assured the Buyer, including by presenting a sample or pattern;
3. is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;
4. was delivered to the Buyer incomplete.

Reports on defects in the Goods should be sent electronically to the Seller's e-mail address or in writing to the Seller's postal address (see §1 point 3: "Seller's Address"). If the consumer has difficulties and does not know how to construct a notification of defects in the Goods, the notification may be sent, for example, on the form constituting Annex No. 2 to these Regulations, which is only to facilitate the complaint process, and does not constitute any requirement to use the above-mentioned template for effectiveness complaints.
If it is necessary for the correct assessment of physical defects of the Goods, at the request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller's registered office (see §1 point 3: "Seller's address") as soon as the properties of the Product allow it.
The Seller shall respond immediately to the Consumer's notification, however, not later than within 14 calendar days from the date of its receipt. Failure to consider the application within the specified period is tantamount to its acceptance by the Seller and recognizing it as justified.
The Seller covers the costs of collecting the Goods, delivery, removing defects or defects and replacing the Goods with a new one.

§ 9 Withdrawal

In accordance with the law, the Customer who is a Consumer pursuant to art. 27 of the Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended ) on Consumer Rights, you have the right to withdraw from a distance contract without giving a reason.
The right to withdraw from the contract is due within 14 calendar days from the moment the Goods are taken over by the Customer who is also a Consumer or a third party indicated by him other than the carrier.
When the Customer who is a Consumer withdraws from the contract, the contract is considered void and the Consumer is then released from any obligations. What the parties have provided to each other shall be returned unchanged, unless a change was necessary within the limits of ordinary management. The return should take place immediately, not later than within fourteen days.
The Customer who is a Consumer may withdraw from the contract by submitting a declaration on the online form constituting Annex 1 to these Regulations, sending it electronically or to the postal address of the Seller at the Customer's discretion. Annex 1 is only an aid in withdrawing from the contract, it is not a model necessary to exercise the right to withdraw from the contract. The customer may, but does not have to, use it. For effective withdrawal, it is enough to send a written statement to the Seller's address.
To meet the deadline specified in point 2, it is enough to send the Customer's statement of withdrawal from the contract before its expiry.
The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract and will inform the Customer accordingly about further proceedings, including the method of returning the Goods, and will provide answers to any questions.
The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the Customer's statement of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the item. The seller refunds the payment using the same method of payment as used by the customer, unless the customer has expressly agreed to a different method of refund, which does not involve any costs for him.
If the Seller, after obtaining the consent from the Customer, has not undertaken to collect the Goods from him himself, the Seller may withhold the return of payments received, including the costs of delivering the item, until the Goods are received back or the Customer provides proof/confirmation of its return, in depending on which event occurs first.
The Customer is obliged to return the item to the Seller or hand it over to the person authorized by the Seller immediately, but not later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller proposed that he would collect the Goods himself. To meet the deadline, it is enough to send back the Goods before its expiry.
The Customer who is a Consumer bears only the direct costs of returning the Goods.
The consumer has the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 of Consumer Law.
The goods should be delivered to the Seller's Address (see §1 point 3: "Seller's Address").
The consumer is responsible for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods . This means that the Buyer has the right to evaluate and check the Goods, but only in the way they could do it in a stationary store (i.e. check its completeness and technical parameters). The consumer cannot use the thing normally, otherwise, by withdrawing from the contract, he may be charged with additional costs due to the decrease in its value.
The right to withdraw from the contract is not entitled to the Customer in relation to the contracts specified in art. 38 of the Act of 30 May 2014 on Consumer Rights, among others in situation:
1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract;
2. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
3. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
4. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
5. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
6. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.

§ 10 Complaints procedure

For the correct submission of a complaint, the Customer should provide his data such as: name and surname or company name, address of residence or company headquarters and e-mail address, subject of the complaint, order number, if possible, together with an indication of the period of time to which the complaint relates and the circumstances justifying it submitting a complaint (description of what it consists of) or what features the ordered Goods do not have, and according to the Seller's assurances or according to the way of presenting it to the Customer, it was supposed to have.
If the Customer is a Consumer, he may request the replacement of the Goods for one that is free from defects instead of the removal of the defect proposed by the Seller, or demand removal of the defect instead of replacing the Product, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would be exposed by a different method of satisfaction.
Unless separate provisions provide otherwise, the entrepreneur is obliged to respond to the consumer's complaint within 14 days of its receipt. If the entrepreneur has not responded to the complaint within the time limit referred to above, it is considered that the complaint has been accepted. The entrepreneur provides the consumer with a response to the complaint on paper or another durable medium (e.g. USB stick or CD / DVD, responding to the complaint.)"
If the application is not considered within the specified period, it should be considered accepted by the Seller. A claim regarding withdrawal from the contract, if not considered within the deadline, is not tantamount to acceptance of the complaint

§ 11 Liability

In the case of orders made at the individual request of the Customer, if the Customer himself provides the elements to be placed on the Goods, the Seller is not responsible for the content (both verbal and graphic) applied to the Goods and which was received from the Customer. In the event of claims by third parties related to the infringement of copyright, related rights or other rights of which they are entitled, the Seller will immediately direct them to the Customer as the entity responsible for the content applied to the Goods, and the Customer will accept these claims and indemnify the Seller from liability to this extent.
Pursuant to the provisions of the law, the Creator whose moral rights have been infringed or threatened is primarily entitled to a claim for discontinuation of this action, for restoration of the previous state. If the action that caused the infringement was culpable, the Creator may demand compensation for the harm suffered or an appropriate amount of money for the indicated social purpose.
By posting any content and making it available, the Customer voluntarily distributes it. The seller is not a content provider and does not identify with them in any way, it is only an entity that provides ICT resources. The customer declares that:
1. is entitled to use and share the content of proprietary copyrights, industrial property rights or related rights posted by them;
2. placing and making available as part of the services, personal data, image, information regarding persons other than the Customer took place in a lawful, voluntary manner and with the consent of the owners of the content to which they relate;
3. accepts access to the information, data, images and other content published by the other Customer and the Seller, allows the Seller to use them free of charge;
4. consents to the development, modification and interpretation of works within the meaning of the Act on Copyright and Related Rights.

The customer is not entitled to:
1. posting personal data of third parties, disseminating the image without the required permission or consent of the third party to whom the data pertains;
2. posting advertising and promotional content that is inconsistent with the purpose of the store's operations.

It is forbidden for the Customer to post content that could, in particular:
1. with the intention of infringing the personal rights of third parties;
2. posted in bad faith or that could be considered such;
3. violate the rights of third parties, copyrights, related rights, industrial property rights, trade secrets or confidentiality rights, especially those defined as secret or top secret;
4. posting content that is offensive or threatening to other people, statements that are generally considered offensive, e.g. profanity;
5. violate the legitimate interests of the Seller;
6. sending or posting unsolicited commercial information (spam) within the Online Store;
7. otherwise violate good manners, provisions of applicable law, social or moral norms.

In the event of receiving a notification from a third party, an authorized person or a government authority, the Seller reserves the right to modify or remove the content posted by the Customer if it is determined that it may constitute a violation of these Regulations or applicable law. The seller does not control the posted content on an ongoing basis.
The Customer should pay particular attention to the following provisions of these Regulations:
1. 2 points 3, 8, 10 and 11
2. 3 points 5 and 6
3. 4 points 1
4. 7 pts. 4
5. 8 points 2, 3
6. 9 points 1, 2, 3, 4, 5, 10, 11 and 12 and 13
7. 12 - whole

The specified provisions of the Regulations contained in point 7 and identified as those of particular importance, are only intended to help the Client better understand these regulations. This in no way diminishes the other regulations contained in these Regulations and not included in point 7 in the letter from a to g.

§ 12 Out-of-court methods of dealing with complaints and pursuing claims

Information on out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are made available at the offices and on the websites of poviat (municipal) Consumer Ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
The consumer has, among others, the following options to use out-of-court methods of dealing with complaints and pursuing their claims:
requesting the Provincial Inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute.
applying to the permanent amicable Consumer Court operating at the Provincial Inspector of the Trade Inspection with a request to settle a dispute arising from the concluded contract, address: www.uokik.gov.pl/wazne_adresy.php.
requesting free legal assistance, e.g. to the Consumer Federation - website address: www.federacjakonsumentow.org.pl .
The Network of European Consumer Centers helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl .
The consumer may also use the online dispute resolution platform (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the following e-mail address: http://ec.europa.eu/consumers/odr/ The European ODR platform is a single common access point for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded Internet sales contracts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
only take place if both parties to the dispute, i.e. the Seller and the Customer, agree to it.

§ 13 PROVISIONS RELATING TO ENTREPRENEURS

The regulations and provisions in this paragraph 13 apply only and exclusively to Customers and Service Recipients who are not consumers.
The seller reserves the right to withdraw from the sales contract concluded with a customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the sales contract may take place without giving a reason and may not give rise to any claims against the seller on the part of the customer who is not a consumer.
In the case of customers who are service recipients and who are not consumers at the same time, the service provider may terminate the contract for the provision of Electronic Services with immediate effect, even without giving reasons, provided that he has sent the customer a relevant statement.
The seller has the right to limit the available payment methods to several or to one, for individual or all goods. The seller may require prepayment in whole or in part, regardless of the selected payment method and the fact of concluding the sales contract.
The risk of accidental loss or damage to the product passes to the buyer when the seller releases the ordered product to the carrier. Upon delivery of the ordered product to the carrier, all benefits and burdens related to the goods are transferred to the non-consumer customer. In this case, the seller is not responsible for loss, shortage, damage from the moment it is accepted by the carrier until it is delivered to the customer.
The customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that there has been a loss or damage to the product during its transport, he is obliged to perform all activities necessary and necessary to determine the liability of the carrier.
The Seller informs that in accordance with Art. 558 § 1 of the Civil Code, liability under the warranty for the product towards a customer who is not a consumer is excluded.
The seller's liability is limited for a single claim and for all claims in aggregate, up to the amount paid. The seller is liable only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits.
Any disputes between the online store and a non-consumer customer are submitted to the court competent for the seat of the seller.

§ 14 Warranty

We provide a two-year warranty for all products in our offer. Each warranty claim will be considered individually. Please also read the general warranty conditions below:

The products are covered by a 24-month warranty from the date of purchase.
The warranty is valid provided that the item is used properly, in accordance with its intended use and the recommendations of the rules of use and maintenance.
The warranty covers defects resulting from the production process or a defect in the raw material.

The warranty does not cover:

uneven colors resulting from the natural properties of the material, damage resulting from improper installation and positioning of the product (e.g. furniture placed on the floor with underfloor heating, furniture placed next to the fireplace, furniture placed directly next to heating devices, e.g. radiators (gas, oil, electric, water) , radiators, heaters, fireplaces, damage to products caused by placing hot and cold objects on them, cleaning them with chemicals, or exposed to long-term contact with water.
wood, as a natural material, may change color, may lighten or darken under the influence of UV rays, damage resulting from using furniture in a room with a humidity of less than 50% and more than 65% (with low air humidity, furniture may be damaged, e.g. cracks in the wood, with wood shrinkage, while air humidity above 65% may cause furniture damage, e.g. cracks and deformations).
natural wear and tear of the product and its accessories (e.g. scratches) damage caused in the transport of furniture made at the customer's request by a shipping company.
furniture for which the ordering party obtained a price reduction due to permanent defects and damages of which he was informed.
damage resulting from prolonged exposure to direct sunlight.

Warranty Exclusions. The warranty rights are lost in the following cases:

improper installation,
using the furniture in a room with a temperature below 18 °C or above 25 °C,
presence of feeding larvae in wood (e.g. bark beetle). Since the furniture is made of solid wood, this situation can happen. In such a situation, we send a preparation to fight bark beetles to the customer.
damage to the product by covering a large surface with materials such as glass, PVC , foil, stone, which prevent the natural breathing process of wood,
using the furniture in a room with air humidity below 50% or above 65%,
flooding the furniture with water or other liquid,
using the furniture contrary to its intended use,
dirt, improper cleaning and maintenance,
identifying attempts to make repairs or corrections by unauthorized persons,
damage and faults caused by animals,
mechanical damage (e.g. scratches, bruises).

The following will not be considered defects:

changes that occur naturally, during the average use of the furniture, properties resulting from the type of material used,
natural differences in the shade of wood,
visible wood core rays (anatomical element of wood),
slight darker colors (the so-called false heartwood - an element of the anatomical structure of wood),
small patches of defects in the wood.

§ 15 Final Provisions

The online store honors all customer rights provided for in the applicable law.
If applicable law grants Customers more favorable regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific standards of applicable law and thus are binding for the Online Store.
All content posted on the Online Store website (including graphics, texts, page layout and logos) is protected by copyright and is the sole property of the Seller. The use of this content without the written consent of the Seller results in civil and criminal liability.
The store owner, as the administrator of personal data, informs you that:

Providing data is always voluntary but necessary to complete the order;
the person providing his/her personal data has the unlimited right to access all content of his/her data and rectify it, delete it (right to be forgotten), limit processing, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, data however, they may be made available to the competent state authorities in a situation where the relevant regulation requires it.
The basis for the processing of personal data will be art. 6 section 1 point a) and the content of the general regulation on data protection.;
personal data will be stored and processed for the period necessary to complete the processing and execution of the order, but no longer than for a period of 3 years (2 years is the complaint period and 1 year for any other claims and exceptional situations)
the person providing his or her personal data has the right to lodge a complaint with the Inspector General for Personal Data Protection if he or she considers that the processing of personal data relating to the execution of the order violates the provisions of the General Data Protection Regulation of April 27, 2016;”

In terms of the processing of personal data of this store, an adequate level of protection has not been determined by the European Commission by way of a decision , but the data will be appropriately secured using IT /legal solutions and measures .
Your data will be processed in an automated manner, including in the form of profiling.
In other matters not regulated by the provisions of these Regulations, the relevant provisions of Polish law shall apply, in particular:
1. The Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws 2000 No. 22, item 271, as amended).
2. Act of 27 July 2002 on special terms of consumer sales and on amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended);
3. Act of April 23, 1964. Civil Code (Journal of Laws 1964 No. 16 item 93, as amended);
4. Act of 29 August 1997 on the protection of personal data (Journal of Laws 2002 No. 101 item 926, as amended);
5. Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422);
6. Act of June 30, 2000, Industrial Property Law (Journal of Laws of 2001, No. 49, item 508, as amended);
7. Act of February 4, 1994 on copyright and related rights (Journal of Laws 2006 No. 90, item 631, as amended),
8. Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827)

The amended Regulations bind Customers if the requirements specified in art. 384 of the Civil Code (i.e. the customer has been properly notified of the changes).
The Seller reserves the right to amend the Regulations for important reasons, i.e.:
1. changes in the law;
2. changes in payment and delivery methods;
3. exchange rate change,
4. changes in the method of providing services by electronic means covered by the regulations,
5. changes to the Seller's data, including e-mail address, telephone number.

Changes to the regulations do not affect the orders already placed and implemented, the regulations in force at the time of placing the order apply to them. The seller informs about the intended change on the store's website at least 30 days in advance. In the event of non-acceptance of the amended regulations, the Service Recipients may terminate the contract with immediate effect within 30 days from the date of receipt of the message.
Disputes arising as a result of the provision of services under these Regulations will be submitted to the Common Court for resolution at the discretion of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.
Appendices to the Regulations constitute its integral part.

NOTICE OF WITHDRAWAL FROM THE AGREEMENT

The customer has the right to withdraw from the contract.

You have, pursuant to Art. 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended ), the right to withdraw from this contract within 14 days. Each Customer who is a Consumer has the right to withdraw from a distance contract without giving a reason. The right to withdraw from the contract is due within 14 calendar days from the moment the Goods are taken over by the Customer or a third party indicated by him other than the carrier.

The right to withdraw from the contract is not entitled to the Customer in relation to the contracts specified in art. 38 of the Act of 30 May 2014 on Consumer Rights, among others in situation:

for the provision of services, when the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract;
in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawing from the contract;
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.

To exercise the right to withdraw from the contract, you must inform the Seller, i.e. KADE Krzysztof Drozdowski, NIP: 712-121-70-38, REGON: 432325963. Cudne Meble, Ul. Fabryczna 2 lok 2.7, 20-301 Lublin, e-mail address: info@solidwoodfurniture.de. about your decision to withdraw from this contract by way of a statement sent to us by post or electronically to the correspondence addresses indicated above.

In order to submit a declaration of withdrawal from the contract, you can use
the form provided by us, which is attached as Appendix 1 to the Regulations of the Online Store. The use of the model form is not obligatory and in no way affects the exercise of the right to withdraw from the contract.

To meet the 14-day deadline, it is sufficient to send the Customer's declaration
of withdrawal from the contract before its expiry.

Effects of withdrawal from the contract:

When the Customer withdraws from the contract, the contract is considered void and the Consumer is then released from any obligations. What the parties have provided to each other shall be returned unchanged, unless a change was necessary within the limits of ordinary management. The return should take place immediately, no later than within fourteen days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. We reimburse you all payments received, including the costs of delivering the items (except for the additional costs resulting from the type of delivery chosen by you other than the cheapest usual method of delivery offered in our Online Store).

The online store may withhold the refund until it receives the Goods from the Customer or until proof of its return is provided, depending on which event occurs first.

Please return the Goods to the address provided above no later than 14 days from the date on which you informed us by letter or electronically about your withdrawal from this contract. The deadline is also met if you return the item before the 14-day period expires.

Please be advised that you will be obliged to bear the direct costs associated with returning the Goods.

APPENDIX
1 Example of a model withdrawal form.
2. Example of a complaint form

Appendix 1
to the Regulations of the Online Store is an example of a model withdrawal form.

WITHDRAWAL FORM

Recipient (Regulations of the Online Store: "Seller's Address"):

CudneMeble

ul. Fabryczna 2 lok 2.7

20-301 Lublin (Poland)

e-mail address: info@solidwoodfurniture.de

………………………………………………………………………………………………………..………………………………………………………………………………………………………..…………………………………………………………………………………

I hereby inform the Online Store about my withdrawal from:

☐ *sales agreement for the following Goods purchased by me if possible, please provide an additional order number) :

……………………………………………………………………………………………………..…………………………………………………………………………………………………………..…………………………………………………………………………………

☐ * contract providing electronically the following service: ……………………………………………………………………………………………………….……………………………………………....………………………………………………………..……………………………………………………………………………………..

Consumer's name:

………………………………………………………………………………………………………..……………………………………………………………………………………………………..……………………………………………………………………………………

Consumer address:

Bank account number (if the Customer has chosen this method of return) of the Consumer to return the payment for the Goods:

Consumer's signature - only if the form is sent in a paper version:

Date of completing the form: ………………………………

* Tick as appropriate

Appendix No. 2
to the Regulations of the Online Store is an example of a complaint form.

COMPLAINT FORM

1. Online Store Customer Data:

Customer's name and surname:

……………………………………………………………………………………...........…………………………………………………………………………………………..........................................................................................................................................................

Address:

……………………………………………………………………………………………..….…………………………………………………………………………………....................................................................................................................................................

Email and phone:

.............................................................................................................................………………………………………………………………………………………………………………............................................................................................................................

2. Information about the subject of the complaint - description of the defect

Goods (Goods code/serial number, name):

............................................................................................................................………………………………………………………………………………………………………………...............................................................................................................................

Date of purchase of the Goods:

A description of the defect, including the moment of occurrence of the defect, or a description of the circumstances in which the defect occurred, is disclosed:

……………………………………………………………………………………..........………………………………………………………………………………………………………………..........................................................................................................................................................................................................................................………………

3. In connection with art. 561 of the Act of April 23, 1964 of the Civil Code, I request:

☐ free repair of the Goods purchased by me

☐ replacing the defective Goods with new Goods

☐ withdrawal from the contract and refund of the price paid *

☐ reducing the price of the Goods*

*Instruction: Art. 560 of the Civil Code § 1. If the sold item has a defect, the Buyer may submit a statement of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective item with a defect-free item or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free item or remove the defect.

Date of completing the form: ………………………………

* Tick as appropriate

…………………………………………….

(Customer's signature)

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