The Online Store www.czteryoczy.pl respects consumer rights. A consumer may not waive the rights granted to them by the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights that they are entitled to under mandatory legal provisions, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, the latter shall take precedence and shall be applied.
1.1. The Online Store available at the internet address www.czteryoczy.pl is run by TOMASZ MAZURKIEWICZ conducting business activity under the company name OPTIDOTUM TOMASZ MAZURKIEWICZ, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, holding: business activity address and correspondence address: ul. Warszawska 2, 59-900 Zgorzelec, NIP: 6121519098, REGON: 230879706, email address: [email protected].
1.2. These Regulations are addressed exclusively to consumers using the Online Store.
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for purposes, scope, and based on the principles indicated in the privacy policy published on the pages of the Online Store. Providing personal data is voluntary. Everyone whose personal data is processed by the Service Provider has the right to view its content and the right to update and correct it.
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling account creation.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic shopping cart and defining the terms of the Sales Agreement, including delivery and payment methods.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, a set of resources in the Service Provider's teleinformatic system, designated by an individual name (login) and password provided by the Service Recipient, where data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all Service Recipients using it to automatically receive cyclical content of subsequent newsletter editions from the Service Provider containing information about Products, news, and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS – these Online Store regulations.
1.4.10. ONLINE STORE – the Service Provider's online store available at the internet address: www.czteryoczy.pl.
1.4.11. SELLER; SERVICE PROVIDER – TOMASZ MAZURKIEWICZ conducting business activity under the company name OPTIDOTUM TOMASZ MAZURKIEWICZ, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, holding: business activity address and correspondence address: ul. Warszawska 2, 59-900 Zgorzelec, NIP: 6121519098, REGON: 230879706, email address: [email protected].
1.4.12. SALES AGREEMENT – a sales agreement for a Product concluded or entered into between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT – a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, who uses or intends to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT, ACT – the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
1.4.16. ORDER – a declaration of intent by the Customer made using the Order Form and directly aimed at concluding a Sales Agreement for a Product with the Seller.
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
Account – using the Account is possible after completing two consecutive steps by the Service Recipient – (1) filling in the Registration Form and (2) clicking the “Submit” button. The Registration Form requires the Service Recipient to provide the following Service Recipient data: first and last name, email address, and password. An Account can also be created by checking the appropriate checkbox when placing an Order – upon placing the Order, the Account is created.
The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the possibility, at any time and without giving a reason, to delete the Account (unsubscribe from the Account) by sending a relevant request to the Service Provider, in particular via email to: [email protected] or in writing to the address: ul. Warszawska 2, 59-900 Zgorzelec.
Order Form – using the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. Placing an Order occurs after the Customer performs two consecutive steps – (1) after filling in the Order Form and (2) clicking the “Confirm Purchase” button on the Online Store website after filling in the Order Form – until this moment, it is possible to independently modify the entered data (for this purpose, please refer to the displayed messages and information available on the Online Store website). The Order Form requires the Customer to provide the following Customer data: first and last name, address (street, house/apartment number, postal code, city, voivodeship, country), email address, contact phone number, and data relating to the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment.
The Order Form Electronic Service is provided free of charge and is of a one-time nature and ends when the Order is placed through it or when the Service Recipient stops placing the Order through it earlier.
Newsletter – using the Newsletter occurs after entering the email address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab visible on the Online Store website and clicking the “Subscribe” button. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – upon creating the Account, the Service Recipient is subscribed to the Newsletter.
The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the possibility, at any time and without giving a reason, to unsubscribe from the Newsletter (cancel subscription to the Newsletter) by sending a relevant request to the Service Provider, in particular via email to: [email protected] or in writing to: ul. Warszawska 2, 59-900 Zgorzelec.
2.2. Technical requirements necessary to cooperate with the teleinformatic system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) web browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and JavaScript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in accordance with the law and good practices, taking into account respect for personal rights and copyright and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data that is true to the facts. The Service Recipient is prohibited from providing illegal content.
2.4 The store displays store ratings in a widget format. Ratings are collected by the TrustedShops rating system. Ratings are verified. Each rating is assigned to a customer. In most cases, it is only possible to leave a rating after receiving an invitation, and the rating is clearly linked to a specific person and their email address.
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the functioning of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations) may be submitted by the Service Recipient, for example:
It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient's request; and (3) contact details of the complainant – this will facilitate and speed up the handling of the complaint by the Service Provider. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints filed bypassing the recommended complaint description.
2.4.2. The Service Provider shall respond to the complaint promptly, no later than within 14 calendar days from the date of its submission.
3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The price of the Product shown on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed about the total price including taxes of the Product subject to the Order, as well as delivery costs (including transport, delivery, and postal fees) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, on the Online Store website pages during the placement of the Order, including at the moment of the Customer's expression of will to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller promptly confirms its receipt and at the same time accepts the Order for fulfillment. Confirmation of receipt of the Order and its acceptance for fulfillment occurs by sending the Seller a relevant e-mail message to the Customer's email address provided during the Order placement, which includes at least the Seller's statements about receiving the Order and accepting it for fulfillment, and confirmation of the conclusion of the Sales Agreement. Upon the Customer receiving the aforementioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. The Customer is provided with the content of the concluded Sales Agreement by (1) making these Regulations available on the Online Store website and (2) sending the Customer an email message referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Online Store Seller's IT system.
4.1. The Seller provides the Customer with the following payment methods for the Sales Agreement:
4.1.1. Processing of transactions by electronic payments and payment cards is carried out according to the Customer's choice via PayU.pl or PayPal.com. Handling of electronic and payment card payments is carried out by:
PayU.pl – PayU S.A. with its registered office in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration documents kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, share capital of PLN 4,000,000 fully paid up, NIP: 779-23-08-495.
PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg
4.2. Payment deadline:
4.2.1. In case the Customer chooses payment by bank transfer, electronic payments, or payment card, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. In case the Customer chooses cash payment on delivery or cash payment upon personal pickup, the Customer is obliged to make the payment upon receipt of the shipment.
5.3. The Seller provides the Customer with the following methods for Product delivery or pickup:
5.4 The delivery time of the Product to the Customer is usually 1-2 business days, a maximum of 9 Business Days (in the case of an order for custom prescription lens), unless a longer period is specified in the description of the Product or during the placement of the Order. In the case of Products with different delivery times, the delivery time is the longest indicated period, which however cannot exceed 9 business days. The commencement of the Product delivery period to the Customer is counted as follows:
5.5 Time for Product to be ready for pickup by the Customer – in case the Customer chooses personal pickup of the Product, the Product will be ready for pickup by the Customer within 9 Business Days, unless a shorter period is specified in the description of the Product or during the placement of the Order. In the case of Products with different readiness times for pickup, the readiness time for pickup is the longest indicated period, which however cannot exceed 9 Business Days (usually 1-2 business days, unless the order concerns prescription lens). The Customer will be additionally informed by the Seller about the Product's readiness for pickup. The commencement of the Product readiness period for pickup by the Customer is counted as follows:
6.1. The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable legal provisions, in particular by the Civil Code. For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller's liability to a Customer who is a natural person acquiring the Product for purposes not related to professional or economic activity, for non-conformity of the Product with the Sales Agreement are defined by generally applicable legal provisions, in particular the Act of July 27, 2002 on special conditions of consumer sales and amendment of the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended).
6.2. The Seller is obliged to deliver a Product without defects to the Customer. Detailed information regarding the Seller's liability for Product defects and the Customer's rights are specified on the Online Store website in the information tab regarding complaints.
6.3. A complaint may be submitted by the Customer, for example:
6.4 It is recommended that the Customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and speed up the handling of the complaint by the Seller. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints filed bypassing the recommended complaint description.
6.5. The Seller shall respond to the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. The Seller's failure to respond within the aforementioned period means that the Seller considers the complaint justified.
6.6. The Customer, who exercises rights arising from the warranty, is obliged, at the Seller's expense, to deliver the defective Product to the address: ul. Warszawska 2, 59-900 Zgorzelec. If, due to the type of Product or the method of its installation, delivering the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the location where the Product is located.
7.1. Detailed information regarding the possibility for the Customer, who is a consumer, to use out-of-court complaint and claim resolution methods and access rules to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.2. A Customer who is a consumer has the following exemplary possibilities to use out-of-court complaint and claim resolution methods:
7.2.1. The Customer is entitled to apply to the permanent arbitration consumer court, referred to in art. 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2001 No. 4, item 25, as amended), with a request to resolve disputes arising from the concluded Sales Agreement. The regulations of organization and operation of permanent arbitration consumer courts are defined by the regulation of the Minister of Justice of September 25, 2001 on defining the regulations of organization and operation of permanent arbitration consumer courts. (Journal of Laws of 2001, no. 113, item 1214).
7.2.2. The Customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2001 No. 4, item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of disputes between the Customer and the Seller. Information on the rules and procedure of mediation conducted by the provincial inspector of Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of Trade Inspection.
7.2.3. The Customer may obtain assistance in resolving disputes between the Customer and the Seller, also by using the help of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumer Association). Advice is provided via email by the Consumer E-advice Center at [email protected] and by the Polish Consumer Association and Consumer Foundation at the consumer hotline number 801 440 220 (hotline open on Business Days, from 8:00 AM to 6:00 PM).
We inform that Consumers have the possibility to use out-of-court methods for resolving complaints and pursuing claims. Information on how to access the aforementioned procedures and dispute resolution procedures can be found at the following address: www.uokik.gov.pl in the tab “ Out-of-court dispute resolution ”.
Additionally, at the address: http://ec.europa.eu/consumers/odr Consumers have access to an online platform for resolving consumer disputes (so-called ODR platform). The ODR platform is a multilingual, interactive website for serving consumers and businesses aiming to resolve disputes arising from remote conclusion of a sales or service agreement out-of-court.
The use of the aforementioned out-of-court methods for pursuing claims and resolving disputes is voluntary and may only take place if both parties to the dispute (Consumer and seller) agree to it.
8.1. A consumer who has concluded a distance contract may withdraw from it within 30 calendar days without giving a reason and without incurring costs, with the exception of the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:
8.2. A sample withdrawal form is attached as Annex No. 2 to the Consumer Rights Act and is also available in point 10 of the Regulations and on the Online Store website in the tab concerning withdrawal from the contract. The Consumer may use the sample form, but it is not mandatory.
8.3. The deadline for withdrawal from the contract begins:
8.4. In the event of withdrawal from a distance contract, the contract is considered not concluded.
8.5. The Seller is obliged to refund to the Customer all payments made by him, including the costs of Product delivery (with the exception of additional costs resulting from the Customer's chosen delivery method other than the cheapest ordinary delivery method available in the Online Store), without undue delay, no later than within 14 calendar days from the date of receiving the Customer's statement of withdrawal from the contract.
The Seller makes the refund using the same payment method as the Customer used, unless the Customer has expressly agreed to another method of refund that does not involve any costs for him. If the Seller has not offered to collect the Product from the Customer himself, he may withhold the refund of payments received from the Customer until he receives the Product back or the Customer provides proof of its return, whichever occurs first.
8.6. The Customer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller for collection without undue delay, no later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller has offered to collect the Product himself.
To meet the deadline, it is sufficient to send the Product back before its expiry. The Customer may return the Product to the address: ul. Warszawska 2, 59-900 Zgorzelec.
8.7. The Customer is responsible for any decrease in the value of the Product resulting from its use in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Product.
8.8. Possible costs related to the Customer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer chose a method of Product delivery other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product which is a service, the performance of which – at the express request of the consumer – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal from the contract after such request has an obligation to pay for services rendered up to the moment of withdrawal from the contract. The amount payable is calculated proportionally to the scope of the service rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the market value of the service rendered shall form the basis for calculating this amount.
8.9. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of performance that after the Seller has performed the service, 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 Seller has no control and which may occur before the expiry of the withdrawal period;
(3) in which the subject of performance is a non-prefabricated Product, manufactured according to the consumer's specifications or intended to satisfy the consumer's individual needs;
(4) in which the subject of performance is a Product subject to rapid spoilage or having a short expiration date; (5) in which the subject of performance is a Product delivered in sealed packaging, which after opening the packaging cannot be returned due to health protection or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products that, after delivery, due to their nature, are inextricably combined with other items; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer has expressly requested the Seller to visit him in order to perform urgent repairs or maintenance; if the Seller provides additional services other than those for which the consumer requested, or delivers Products other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to the consumer in relation to additional services or Products; (9) in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of daily, weekly or monthly periodicals, with the exception of subscription agreements; (11) concluded by public auction; (12) for the provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content which is not stored on a material medium, if the performance has begun with the express consent of the consumer before the end of the withdrawal period and after informing the consumer by the Seller about the loss of the right to withdraw from the contract.
9.1. Agreements concluded through the Online Store are concluded in Polish. Amendments to the Regulations:
The Service Provider reserves the right to amend the Regulations for important reasons, i.e.: changes in legal provisions; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
9.2.2. In the case of agreements concluded on the basis of these Regulations with a continuous nature (e.g., provision of Account Electronic Service), the amended regulations are binding on the Service Recipient, provided that the requirements specified in art. 384 and 384[1] of the Civil Code have been met, i.e., the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days of notification. In the event that the amendment of the Regulations leads to the introduction of any new fees or an increase in existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
9.2.3. In the case of agreements concluded on the basis of these Regulations with a nature other than continuous agreements (e.g., a Sales Agreement), amendments to the Regulations shall not in any way infringe the rights acquired by Service Recipients/Customers who are consumers before the effective date of the amendments to the Regulations, in particular, amendments to the Regulations shall not affect Orders already placed or submitted, and Sales Agreements concluded, executed or fulfilled.
9.3. In matters not regulated by these Regulations, generally applicable Polish law shall apply, in particular: the Civil Code; the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers – the provisions of 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 of 2000 No. 22, item 271, as amended) and the Act of July 27, 2002 on special conditions of consumer sales and amendment of the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
Sample withdrawal form (fill in and return this form only if you wish to withdraw from the contract)
– Addressee:
OPTIDOTUM TOMASZ MAZURKIEWICZ ul. Warszawska 2, 59-900 Zgorzelec czteryoczy.pl [email protected]
(*) Delete as unnecessary.