Terms and conditions

§1 Introductory provisions
1. The Shisha Boutique Internet Store, available at the Internet address www.shisha-boutique.com, is run by Piotr Mołoniewicz, under the business name Cybuch Piotr Mołoniewicz, registered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister of Economy of the Republic of Poland, NIP 1132986837, REGON 381707968.

2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and sets out the rules for the use of the Online Store and the principles and procedure for concluding Distance Sales Agreements with the Customer through the Store.

§2 Definitions
1. Consumer – a natural person concluding a contract with the Seller through the Shop, the subject of which is not directly related to its economic or professional activity.

2. Seller – a natural person conducting business under the name Cybuch Piotr Mołoniewicz, registered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister of Economy of the Republic of Poland, NIP 1132986837, REGON 381707968.

3. Customer – any entity making purchases through the Store.

4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store.

5. Store – an online store operated by the Seller at the Internet address www.shisha-boutique.com.

6. Contract concluded at a distance – a contract concluded with a Customer within an organized system of concluding contracts at a distance (through the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.

7. Terms and Conditions – these terms and conditions of the Store.

8. Order – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.

9. Account – customer’s account in the Store, it collects data provided by the Customer and information about the Orders placed by the Customer in the Store.

10. Registration form – a form available in the Store that allows creating an Account.

11. Order Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Shopping Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

12. Shopping Cart – an element of the Store’s software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.

13. Product – a movable item or a service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.

14. Sales Agreement – a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. Sales Agreement may also be understood – according to the characteristics of the Product – as a contract for the provision of services and a contract for work.

§3 Contacting the store
1. Seller’s Address: Shisha Sklep Cybuch ul. Jagiellońska 78, entrance K4/room P13, 03-301 Warsaw, Poland

2. Seller’s E-mail Address: sklep@cybuchshisha.pl

3. Seller’s Phone Number: +48730010250

4. Seller’s Bank Account: 86 1140 2004 0000 3102 7817 0128

5. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.

6. The customer may communicate with the Seller by telephone during the hours of 8:00 AM – 8:00 PM EET.

§4 Technical requirements
In order to use the Store, including browsing the Store’s assortment and placing orders for Products, the following is needed:

a. A terminal device with access to the Internet and a web browser like Google Chrome,

b. active electronic mail (e-mail) account,

c. cookies enabled.

§5 General information
1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions including interruptions in the functioning of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.

2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to allow the Order to be processed without creating an Account.

3. The prices given in the Store are given in Polish zloty and are gross prices (including VAT).

4. The final (definitive) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, shipping and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.

5. In the case of an Agreement covering subscriptions or services for an indefinite period, the final (definitive) price is the total price including all payments for the billing period.

6. When the nature of the subject matter of the Agreement does not allow, reasonably judging, to calculate in advance the amount of the final (definitive) price, information about how the price will be calculated, as well as fees for transportation, shipping, postal services and other costs, will be provided in the Store in the description of the Product.

§6 Creating an account in the Store
1. To set up an Account in the Store, you need to fill out the Registration Form. It is necessary to provide the following data: first name, last name, delivery address, telephone number.

2. Creating an Account in the Store is free of charge.

3. Logging into the Account is done by entering the login and password set in the Registration Form.

4. The Customer has the opportunity to delete the Account at any time, without giving any reason and without paying any fees for it, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.

§7 Rules for placing an Order
In order to place an Order, it is necessary to:

1. log into the Store (optional);

2. select the Product that is the subject of the Order, and then click the “Add to cart” button (or equivalent);

3. Log in or use the option to place an Order without registration;

4. if chosen the option of placing an Order without registration – fill out the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,

5. Click the “Order and pay” button and confirm the order by clicking on the link sent in the email,

6. select one of the available payment methods and, depending on the payment method, pay for the order within the specified period of time, subject to § 8.3.

§8 Delivery and payment methods offered

1. The Customer may use the following methods of delivery or pickup of the ordered Product:

a. Courier delivery, cash on delivery,

b. Personal collection available at: Shisha Sklep Cybuch ul. Jagiellońska 78, entrance K4/lot P13, 03-301 Warsaw, Poland.

2. The Customer may use the following payment methods:

a. Payment on collection in person,

b. Payment on package delivery,

c. Payment by bank transfer to the Seller’s account,

d. Electronic payment,

e. Payment by credit card.

3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s pages.

§9 Execution of Sales Agreement
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with §7 of the Terms and Conditions.

2. After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for fulfillment. Confirmation of receipt of the Order and its acceptance for fulfillment is made by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order, which shall contain the Seller’s statements about receipt of the Order and its acceptance for fulfillment and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3. If the Customer chooses:

a. payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be cancelled.

b. payment by cash on delivery, the Customer is obliged to make payment on delivery.

c. payment by cash on collection in person, the Customer is obliged to make payment on delivery of the consignment within 7 days from the date of receipt of information that the consignment is ready for collection.

4. If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.

5. In case of ordering Products with different delivery dates, the delivery date is the latest date given. In case of ordering Products with different delivery dates, the Customer has the option to request delivery of the Products in parts, or delivery of all Products after the entire order is completed.

6. The beginning of the period for delivery of the Product to the Customer is calculated as follows:

a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.

b. If the Customer chooses the payment method on delivery – from the date of conclusion of the Sales Agreement.

7. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order.

8. In the case of an order of Products with different dates of readiness for collection, the Customer has the option to collect the Products in batches (according to their readiness for collection), or to collect all the Products after completing the entire order.

9. The beginning of the period when the Product is ready for collection by the Customer is calculated as follows:

a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.

b. If the Customer chooses the method of cash on delivery in person – from the date of conclusion of the Sales Agreement.

10. Delivery of the Product takes place within the European Union.

11. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store under the “Delivery Costs” tab and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

12. Personal collection of the Product by the Customer is free of charge.

§10 The right of withdrawal
1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

2. The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.

3. In the case of an Agreement that includes multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall begin with the delivery of the last item, batch or part.

4. In the case of an Agreement that involves the regular delivery of Products for a specified period of time (subscription), the period indicated in paragraph 1 shall begin with taking possession of the first item.

5. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send the statement before the deadline.

6. The statement can be sent by traditional mail, fax or electronically by sending the statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in §3. The statement can also be submitted on the form, the template of which is attached as Appendix No. 1 to these Regulations and Appendix to the Act of May 30, 2014 on Consumer Rights, but it is not mandatory.

7. If the Consumer sends a statement electronically, the Seller will immediately send the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.

8. Effects of withdrawal from the Agreement:

a. In the case of withdrawal from the Contract concluded at a distance, the Agreement shall be considered not concluded.

b. In the case of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, the payments made by the Consumer, excluding transportation costs, and additional costs resulting from the method of delivery chosen by the Consumer other than the usual method of delivery offered by the Seller.

c. The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.

d. The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.

e. The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.

f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back by mail in the usual manner.

g. The Consumer shall be liable only for the diminution in value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.

9. If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be included in the description of the Product in the Store.

10. The right to withdraw from a Contract concluded at a distance does not apply to the Consumer in relation to the Agreement:

a. in which the subject of performance is a non-refabricated thing, produced to the Consumer’s specifications or serving to meet his individualized needs,

b. in which the subject of performance is an item supplied in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery,

c. in which the subject of performance is a perishable item or an item with a short shelf life,

d. 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 start of the service, that after the Seller’s performance will lose the right to withdraw from the Agreement,

e. 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 deadline for withdrawal from the Agreement,

f. in which the subject of performance are things which, after delivery, by their nature, are inseparably connected with other things,

§11 Complaints and warranty
1. The Sales Agreement covers new Products.

2. In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code of Republic of Poland.

3. Complaints should be submitted in writing or electronically to the Seller’s addresses specified in §3.

4. The Seller will respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer’s request was considered justified.

5. Goods sent back under the complaint procedure should be sent to the address specified in §3.

6. If the Product has a warranty, the information about it, as well as its content, will be included next to the description of the Product in the Store.

§12 Extrajudicial procedures for handling complaints and pursuing claims
1. Detailed information on the Consumer’s ability to use extrajudicial procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web 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 oraz

http://www.uokik.gov.pl/wazne_adresy.php

2. The consumer has the following examples of extrajudicial means of processing complaints and pursuing claims:

a. The Consumer is entitled to apply to a permanent amicable consumer court, as referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), to resolve a dispute arising from the Agreement concluded with the Seller.

b. The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.

c. The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).

§13 Personal data in the Online Store
1. The administrator of Customers’ personal data collected through the Online Store is the Seller.

2. Customers’ personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees – also for marketing purposes.

3. Recipients of personal data of Customers of the Online Store may be:

a. In the case of a Customer who uses postal or courier delivery method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.

b. In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Online Store.

4. The Customer has the right to access and correct the content of his data.

5. Provision of personal data is voluntary, although failure to provide the personal data indicated in the Regulations that are necessary to conclude a Sales Agreement results in the inability to conclude such an agreement.

§14 Final provisions
1. Agreements concluded through the Online Store are concluded in the English language.

2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legislation, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about each change at least 7 days in advance.

3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.

4. The customer has the right to use extrajudicial methods of handling complaints and pursuing claims. For this purpose, he can file a complaint through the EU ODR online platform available at:

http://ec.europa.eu/consumers/odr