Payments & returns

Payments & Returns info

§ 1. Payment Methods and Dates

1. 1. The Seller – Stowarzyszenie Otwarte Klatki, with its registered office at ul. Wyspiańskiego 14/37, 60-750 Poznań, registered at the National Court Register under the number KRS 0000444120 and using the number NIP 7831695600 – accepts the following payment methods under the sale agreement:

a) Payment by online transfer to the Seller’s bank account.

Bank: BGŻ BNP Paribas

Account number: 93 2030 0045 1110 0000 0429 6210;

b) Electronic payments via PayU.pl – as per the Customer’s choice, electronic payment transactions are handled via PayU.pl. Payments are processed by PayU S.A. – having its registered office in Poznań (address: ul. Grunwaldzka 186, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the number 0000274399, the company file is stored in the District Court in Poznań, 8th Commercial Division of the National Court Register, the share capital of 4.944.000 zł fully paid up, NIP: 779-23-08-495.

c) PayPal payments

2. Payment dates:

a) For bank transfers and online payments, the Customer shall make the payment within 7 calendar days from the date of the sale agreement;

3. The date of payment is the date when the amount is credited to the Seller’s bank account (for transfers and credit card payments) or the successful authorisation of the payment by the PayU online service.

4. The Seller and the Customer may agree upon other conditions and methods of payment. In such case, the conditions and methods of payment specified in the Order confirmed by the Seller as accepted for processing apply.

§ 2. Order Fulfilment Dates and Methods

1. Goods are delivered on the territory of the Republic of Poland.

2. Unless otherwise specified in the sale agreement, charges for deliveries apply. The costs of delivery of Goods (including costs of transport, delivery, and postal services) are specified when an Order is made, as well as when the Customer confirms that they wish to enter into a sale agreement.
3. The Goods ordered in the Online Shop are delivered by a forwarder.
4. In the case of international shipments, the cost of delivery is determined individually for each Order, depending on the country of the recipient, as well as the weight and size of the package. Cash on delivery is not available for international deliveries.
5. Order fulfilment time is the time needed to complete the Order and prepare Goods for shipment, and the time required for delivery. Order fulfilment time is determined by the Seller individually upon acceptance of each Order. Normally, completion of orders does not take more than 5 working days after the sale price of the ordered goods is credited to the Seller’s bank account, the payment is authorised by PayU.pl.
6. Fiscal receipts and/or VAT invoices are issued for all goods purchased in the Online Shop.
7. At the Customer’s request, the Seller attaches the VAT invoice covering the delivered Goods to the delivered parcel or sends it by e-mail to the address provided by the Customer when placing the Order. The VAT invoice is delivered by e-mail as an electronic file in PDF format. In order to open the file, the Customer should have free software supporting the PDF format. The Seller recommends Adobe Acrobat Reader, which can be downloaded free of charge at http://www.adobe.com.

§ 3. Termination

1. Subject to paragraph 5 below, the Customer, as a consumer, may return the Goods purchased in the Shop without giving any reason and at no further cost by submitting a notice of rescission of the sale agreement in accordance with Article 27 of the Act of 30 May 2014 on Consumer Rights. The Customer may exercise this right within 14 days from the receipt of the Goods. For the rescission to be effective, the notice should be sent within the said time limit. In case of rescission as specified in this paragraph, the Customer shall return the Goods to the Seller within 14 days from the date of the notice of rescission.
2. The time limit for rescission of an agreement starts: with respect to agreements under which the Seller is required to hand over the Goods – from the moment a Consumer or a third party, other than a forwarder, designated by the Consumer comes into possession of the Goods, and in the case of an agreement which concerns numerous items of goods which are delivered separately, in lots or pieces – from the moment of the taking of possession of the last item, lot, or piece; for other types of agreements – from the moment the agreement is concluded.
3. In case of rescission of the sale agreement, the agreement is deemed not concluded.
4. Direct costs of returning the Goods are borne by the Customer. The Seller bears the costs of returning the Goods only if the Seller has agreed to incur costs other than the direct costs of returning the Goods.
5. The consumer is not entitled to rescind the agreement in cases detailed in Article 38(1) of the Act of 30 May 2014 on Consumer Rights, including but not limited to agreements:

a) for the provision of services where the trader has fully performed the service with the consumer’s explicit consent, and the consumer was informed before the commencement of the service that they would lose the right to rescind the agreement upon the completion of the service by the trader;

b) where the performance consists of a non-prefabricated product, custom-made for a consumer or intended to satisfy a consumer’s individual needs;

c) where the performance consists of goods which, owing to their nature, become inseparably connected to other products after delivery;

d) where the performance consists of goods delivered in closed packaging bearing a seal, which cannot be sent back after the packaging has been opened because of healthcare concerns or for hygienic reasons, if the packaging was opened after delivery.

6. The Seller shall reimburse the Customer the amount paid for the Goods returned the Customer within 14 days, counting from the date of delivery to the Seller of the notice of rescission of the sale agreement. The Seller may withhold the return of payments received from the Customer by the time the Goods have been returned or the Customer has supplied evidence of having sent back the Goods.

7. The Consumer may rescind the sale agreement by submitting a notice of rescission to the Seller. Rescission of the agreement for the sale of Goods may be effected by completing the rescission form which can be found on the website and is available as Appendix No. 1 to these Terms and Conditions. For the rescission to be effective, the notice should be sent within the said time limit to sklep@otwarteklatki.pl

8. The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s notice of rescission of the sale agreement, return all payments made by the Consumer, including the cost of Delivery of Goods to the Consumer. The Seller may withhold the return of payments received from the Customer by the time the Goods have been returned or the Customer has supplied evidence of having sent back the Goods, whichever comes first.

9. If the Consumer exercising the right of rescission has chosen a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred.

10. The Consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date of rescission of the sale agreement. To observe the time limit, the Goods should be sent to the address of the Seller before the time limit ends.

11. The Consumer is liable for any reduced value of the Goods resulting from the handling of the Goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

12. The Seller shall return the payment using the same payment method as the Consumer, unless the Consumer has expressly agreed to another method which does not involve any costs on the part of the Seller.

§ 4. Complaints

1. The Seller shall deliver the Goods without any physical or legal defects. Pursuant to Article 556 and subsequent articles of the Civil Code, the Customer is the beneficiary of implied warranty. The Seller is liable under implied warranty if the Goods sold have physical or legal defects.
2. If the Goods have a defect, the Customer may request a price reduction or rescind the sale agreement, unless the Seller, immediately and without undue inconvenience for the Customer, exchanges the defective Goods for ones that are defect-free or immediately removes the defect. This limitation does not apply if the Goods have already been exchanged or repaired by the Seller or if the Seller has not fulfilled the obligation to exchange the Goods for defect-free ones or remove the defect.
3. If the Customer is a Consumer, instead of the defect removal proposed by the Seller, the Customer may request that the Goods be exchanged for ones that are defect-free, or instead of exchanging the Goods, request that the defect be removed, unless bringing the Goods into conformity with the agreement as chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. The Customer may not rescind the agreement if the defect is insignificant.
4. If the Goods have a defect, the Customer may request that the Goods be exchanged for ones that are defect-free one or that the defect be removed. The Seller shall exchange the defective Goods for defect-free Goods or remove the defect within a reasonable time, without causing undue inconvenience to the Customer. The Seller may refuse to comply with the Customer’s request if the defective Goods cannot be brought into conformity with the agreement in the manner chosen by the Customer, or would require excessive costs as compared to the other possible way of bringing the Goods into conformity with the agreement. In the event that the Customer is a trader, the Seller may refuse to exchange the Goods for defect-free goods or remove the defect also when the costs of meeting this obligation exceed the price of the sold Goods.
5. The Customer who exercises their rights under implied warranty shall deliver defective Goods to the Seller at the Seller’s expense.
6. The warranty period is two years (the warranty covers physical defects discovered within two years from the date of receipt of the Goods), subject to the provisions of Article 568(6) of the Civil Code.
7. In the event that the Seller, on the basis of the warranty provisions, supplies defect-free Goods to the Customer, the Seller may at the same time request that the defective Goods be returned.
8. Complaints are handled on the basis of the proof of purchase presented by the Customer.
9. Complaints should be addressed to the Seller. Complaints can also be submitted by traditional or electronic mail, to the address Sklep Otwarte Klatki, ul. Henryka Sienkiewicza 128/10, 50-347 Wrocław or care@otwarteklatki.pl, respectively.
10. In the complaint, the Customer should indicate:

a) the description of the defect,

b) the requested method of settlement of the complaint, and

c) the Customer’s contact details (first name, last name, address, e-mail address).

Along with the complaint, the Customer should deliver the Goods concerned. The Seller reserves the right to contact the Customer in order to request additional information if the information provided by the Customer in the complaint is incomplete, rendering handling of the complaint impossible.

11. If the Customer, being a Consumer, requested that the Goods be replaced or the defect be removed, or requested a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 (fourteen) days, the request shall be deemed accepted by the Seller.
12. The Customer shall be notified of the manner of handling the complaint by e-mail sent to the Customer’s email address indicated in the complaint, and in case that the e-mail address has not been provided – to the Customer’s postal address.
13. If the Customer is a Consumer, after the complaint procedure has been completed, the Customer may have recourse to an out-of-court complaint and redress mechanisms. In particular, the Consumer may have recourse to mediation procedures handled by the Provincial Inspectorates of the Trade Inspectorate or permanent consumer arbitration courts operating at Provincial Inspectorates of the Trade Inspectorate. Detailed information on out-of-court complaint and redress mechanisms, as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer advocates, social organisations whose statutory tasks include consumer protection, and Provincial Inspectorates of the Trade Inspectorate. Important information in this respect can also be obtained on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl. In the event of a dispute involving a Consumer, the ODR internet platform, which is available at http://ec.europa.eu/consumers/odr/, may also serve as an out-of-court mechanism of dispute resolution: (the Seller’s e-mail address for the purpose of contact via the ODR Internet platform is as follows: odr@Sprzedawca.pl). The use of out-of-court complaint and redress mechanisms is voluntary and can only take place if both parties to the dispute agree. The above provision is for informational purposes and does not imply the Seller’s consent to participate in out-of-court complaint and redress (dispute resolution) procedures.