Terms of service

§ 1. Definitions

1. Terms and Conditions — these Terms and Conditions, governing the rules for concluding distance sale agreements through the Online Shop, the performance of those agreements, the rights and obligations of the parties, and the complaints procedure. For electronically provided services, these Terms and Conditions constitute the terms of service referred to in the Act on the Provision of Electronic Services.
2. Customer — a natural person with full legal capacity, a legal person, or an organisational unit without legal personality but with legal capacity under applicable law, who concludes a distance sale agreement with the Seller.
3. Consumer — a natural person making a legal transaction with the Seller that is not directly related to their business or professional activity.
4. Sole Trader with Consumer Rights — a natural person concluding a distance sale agreement directly related to their business activity, where the content of that agreement indicates it is not of a professional nature for that person.
5. Business — a natural person, legal person, or organisational unit without legal personality but with legal capacity, conducting business or professional activity in their own name.
6. Seller:
   Futro i Szkło s.c.
   tel. 889390252
   halo@owcasklep.pl
   VAT: 8992785237
   REGON: 363849978.
7. Seller's registered address:
   Ostrowskiego 7/516,
   53-239 Wrocław.
8. Online Shop — the online service operated by the Seller, available at https://owcasklep.pl and https://owca.shop, through which the Customer can obtain information about products and their availability, and purchase products or order services.
9. Distance Sale Agreement — a sale agreement for goods, digital services or digital content concluded through the Online Shop.
10. Product — a movable item available for purchase in the Online Shop.
11. Digital Service — a service enabling the Consumer to: produce, process, store or access data in digital form; share digital data transmitted or created by the Consumer or other users; or otherwise interact with digital data.
12. Digital Content — data produced and delivered in digital form.
13. Privacy and Cookies Policy — a document setting out the detailed rules for processing personal data and the use of cookies, constituting Annex 3 to these Terms and Conditions.
14. Durable Medium — any means enabling the Customer or the Seller to store information addressed personally to them in a way that allows future access for as long as necessary, and allows unchanged reproduction of the stored information — in particular, email.
15. Order Form — the electronic order procedure made available by the Seller.
16. Return Form — the return procedure made available by the Seller.
17. Complaints Form — the complaints procedure made available by the Seller.
18. Placing an Order — confirming an order by clicking "Order and pay", constituting a binding declaration of intent to conclude a distance sale agreement with the Seller.
19. Account — a set of data stored in the Online Shop and the Seller's IT system relating to a given Customer and their orders and agreements, through which the Customer can place, amend or cancel orders.
20. Review — a subjective comment or rating expressed as 1 to 5 stars.
21. Subscription Order — an order created automatically as part of a Subscription.
22. Subscription — an electronic service enabling automatic creation of Subscription Orders for selected products at intervals chosen by the Customer, without the need to place separate orders, until the Subscription ends.
23. Recurring Payments — automatic periodic payments processed through the TPay payment service, used to pay for Subscription Orders based on consent given by the Customer when starting the Subscription.
24. Payment Operator — Tpay – Krajowy Integrator Płatności S.A., plac Andersa 3, 17th floor, 61-894 Poznań, registered in the National Court Register under KRS 0000412357, VAT 7773061579.
25. Card — a payment card issued under the Visa or Mastercard schemes, accepted for card-not-present transactions.

§ 2. General Provisions

1. The governing law for all matters arising under these Terms and Conditions is Polish law. These Terms and Conditions are provided in English for the convenience of the Customer.
2. Types and scope of electronically provided services:
   1. concluding sale agreements online for products sold in the Online Shop;
   2. registration and use of an Account;
   3. posting reviews and ratings;
   4. sending order confirmation emails.
3. Use of the Online Shop requires a device with internet access and a current version of a supported browser (Firefox, Chrome, Microsoft Edge) with JavaScript and cookies enabled, as well as a PDF viewer for documents.
4. Content published in the Online Shop, including product descriptions and prices, constitutes an invitation to make an offer within the meaning of Article 71 of the Polish Civil Code.
5. The Seller makes these Terms and Conditions and their Annexes available on the Online Shop before, during and after the conclusion of any agreement. The Customer may download and print them.
6. The Online Shop takes appropriate technical and organisational measures to ensure the security of data transmissions, including measures to prevent unauthorised access to or modification of personal data sent via the internet.

§ 3. Orders

1. Orders may be placed through an Account or as a guest (in which case a temporary internal account is created). The internal account is retained until the data is deleted from the system or the Account is blocked.
2. Purchases are made by completing the Order Form. The Customer selects products by adding them to the basket. The Order Form specifies what products, at what prices and in what quantities the Customer wishes to order, and to which address.
3. Once the Customer has entered all required information, an order summary is displayed, showing: Seller identification, order items, unit and total prices including delivery costs, payment method, and delivery method with timing and costs.
4. Where the agreement concerns digital content or digital services not stored on a physical medium, the Consumer confirms in a separate checkbox: "I consent to the delivery of digital content not stored on a physical medium / to the commencement of service before the expiry of the 14-day withdrawal period, and I acknowledge loss of the right of withdrawal." The Seller will confirm receipt of this consent by email.
5. To place an Order, the Customer must complete all required fields, accept these Terms and Conditions, and click "Order and pay."
   1. Submitting the Order Form constitutes a binding offer to conclude a distance sale agreement.
   2. The agreement is deemed concluded when the Seller accepts the Order Form, confirmed by displaying an order confirmation and order number.
   3. After the agreement is concluded, the Customer receives an order confirmation email including: confirmation of acceptance, a summary of all order details, the Terms and Conditions with Annexes 1 and 2, Seller details, information on the right of withdrawal.
   4. Before the Seller begins processing the order:
      1. the Customer may amend the order by placing a new one, which replaces the previous one; any payment already made is applied to the new order, and any overpayment is refunded to the original payment account;
      2. the Customer may cancel the order using the "Cancel order" option in the Order Form.
   5. If the Customer cancels an order, the Seller refunds any payment received within 3 business days, using the same payment method.
   6. Order processing time is 1 to 14 business days from the date the agreement is concluded.

§ 4. Payment

1. The Online Shop accepts prepayment only.
2. Payment is made using the method selected at the time of placing the order.
3. Current payment methods are listed in the footer of the Online Shop under Payment and Delivery Methods.

§ 5. Delivery

1. The Customer selects the delivery method in the Order Form.
2. If a Product is not collected by the Customer and is returned to the Seller, the Seller may withdraw from the sale agreement after first requesting performance via email. Withdrawal takes place by sending the Customer a notice by email.
3. In the situation described in point 2, the Seller is obliged to promptly refund any payment received for the Product.
4. Current delivery methods are listed in the footer of the Online Shop under Payment and Delivery Methods.

§ 6. Right of Withdrawal

1. A Consumer who has concluded a distance sale agreement may withdraw from it within 14 days without giving any reason. In the event of withdrawal, the agreement is deemed not to have been concluded.
2. The right of withdrawal described in §§ 6 and 7 also applies to a Sole Trader with Consumer Rights.
3. In the event of withdrawal, the Consumer bears only the direct costs of returning the Product.
4. The Consumer's statement must clearly express their intention to withdraw. In particular, the Consumer may:
   1. use the withdrawal form provided as Annex 2, sending it to the Seller's registered address.
   2. The Seller will promptly confirm receipt of the withdrawal statement on a Durable Medium.
5. It is sufficient to send the statement before the withdrawal deadline expires.
6. The withdrawal period begins:
   1. for sale agreements involving transfer of ownership of goods — from the day the Consumer or a designated third party (other than the carrier) takes possession of the goods; where multiple items are delivered separately, from the last item; where items are delivered in batches, from the last batch;
   2. for other agreements — from the date of conclusion of the agreement.
7. The withdrawal form (Annex 2) and withdrawal information (Annex 1) are provided electronically.
8. Where the Consumer withdraws from an agreement for digital content or digital services, the Seller may prevent further access to that content or service.
9. Upon withdrawal from an agreement for digital content or digital services, the Consumer must cease using and sharing that content or service.
10. If a package is not collected and is returned to the Seller, the sale agreement is not automatically terminated. Where the Customer has paid in advance, the Seller will refund the amount paid, less the cost of delivery to the Customer and return shipping, where such costs were actually incurred. For cash-on-delivery orders, the Seller may claim reimbursement of shipping and return costs from the Customer.
11. The right of withdrawal does not apply to agreements specified in Article 38 of the Polish Consumer Rights Act, including:
    1. service agreements where the service has been fully performed with the Consumer's prior express consent and the Consumer was informed of the loss of the right of withdrawal;
    2. agreements where the price depends on financial market fluctuations beyond the Seller's control;
    3. agreements for non-prefabricated goods produced to the Consumer's specifications or tailored to individual needs;
    4. agreements for goods in sealed packaging that cannot be returned for health or hygiene reasons after opening;
    5. agreements for sealed audio/visual recordings or software once opened;
    6. agreements for digital content not on a physical medium, where performance has begun with the Consumer's prior express consent;
    7. agreements for perishable goods or goods with a short shelf life, and goods that are inseparably mixed with other goods after delivery;
    8. agreements for newspapers, periodicals or magazines (except subscription agreements);
    9. agreements concluded at public auction;
    10. agreements for accommodation (non-residential), transport, car hire, catering, leisure, entertainment, sporting or cultural services where a specific date or period is specified;
    11. agreements for alcoholic beverages whose price was agreed at the time of sale and which can only be delivered after 30 days and whose value depends on market fluctuations beyond the Seller's control.

§ 7. Consequences of Withdrawal

1. Within 14 days of receiving the Consumer's withdrawal statement, the Seller will refund all payments received, including delivery costs corresponding to the cheapest standard delivery option offered.
   1. The refund will be made using the same payment method as the original transaction.
   2. Where the Seller has not offered to collect the Product, the Seller may withhold the refund until the Product is received back or proof of return is provided, whichever comes first.
2. The Seller may offer to collect the Product. If no such offer is made, the Consumer must return the Product to the Seller's address without delay and in any event within 14 days of withdrawal. It is sufficient to send the Product before this deadline expires.
3. The Consumer is liable for any reduction in the value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning.
4. The Consumer may not withdraw from an agreement where digital content or a digital service is provided in exchange for payment, if the lack of conformity is immaterial.
5. The Seller may request the return of the physical medium on which digital content was supplied, within 14 days of receiving the withdrawal statement. The Consumer returns the medium promptly and at the Seller's expense.
6. The Seller is obliged to refund the price only in the part corresponding to non-conforming digital content or services, and to content or services which are no longer to be delivered as a result of withdrawal.

§ 8. Complaints

1. Complaints regarding product defects or non-conformity with the agreement may be submitted in writing to the Seller's registered address or by email to halo@owcasklep.pl.
2. The complaint should describe the defect, state the Customer's request, and where possible include documentation and proof of purchase. The Seller will respond within 14 days of receipt. Failure to respond within this period is deemed acceptance of the complaint. The response is provided in writing or on a Durable Medium.
3. Where the Seller accepts a complaint, all costs of replacement, repair and related shipping are borne by the Seller.
4. The Seller is liable to the Consumer and to the Sole Trader with Consumer Rights for non-conformity of goods with the distance sale agreement under the Polish Consumer Rights Act.
   1. The Seller is liable for non-conformity existing at the time of delivery and discovered within two years, unless the Product's stated shelf life is longer.
   2. The Seller carries out repair or replacement within 14 days of accepting the complaint. All costs including postage, transport, labour and materials are borne by the Seller.
   3. The Consumer makes the Product available for repair or replacement. The Seller collects it at its own expense.
5. The Seller is obliged to deliver goods free from defects and is liable to Business Customers for defects under the Polish Civil Code.
6. Delivery of digital content or digital services to Consumers and Sole Traders with Consumer Rights is governed by the Polish Consumer Rights Act.
   1. Digital content is deemed delivered when it or the means to access or download it is made available to the Consumer or their chosen device.
   2. A digital service is deemed delivered when the Consumer or their chosen device gains access to it.
   3. The Seller brings digital content or services into conformity with the agreement within 21 days of being informed of non-conformity, without undue inconvenience. Costs are borne by the Seller.

§ 9. Reviews

1. Reviews of orders or individual products may be submitted through the Online Shop interface on the product page, or via a link in an order confirmation email. Adding a review is voluntary and free of charge. Only one review per order is permitted.
2. Reviews may include a star rating from 1 to 5 and a written comment.
3. Ratings are stored and displayed publicly on the Online Shop.
4. The Seller verifies reviews using the email address associated with the purchase. Reviews from verified purchasers are marked "verified purchase". Others are marked "unverified purchase".
5. The Seller may publish reviews from other Online Shops it operates.
6. The Seller does not alter the content or star rating of any review.
7. The Customer is solely responsible for the content of their review. The Seller may remove reviews in accordance with applicable law and these Terms and Conditions.
8. Reviews must not contain false or misleading information, offensive language, unlawful content, content infringing third-party rights, or content constituting unfair competition.
9. Reviews must not contain links to external sites of a promotional or advertising nature, or personal data of third parties.
10. At the Customer's express request, the text of a review may be hidden from other users, but the star rating will still be counted in the overall rating.

§ 10. Intellectual Property

1. The Customer declares that they have no intellectual property rights, including copyright, over the reviews or comments they post, beyond the right to use the Online Shop as set out in these Terms and Conditions. The Customer is not entitled to reproduce, distribute, publish or disseminate content from the Online Shop except as permitted by law or these Terms and Conditions.
2. The Customer is not entitled to interfere with any content in the Online Shop, including its structure, layout, graphics, or functionality.
3. By posting a review constituting a work within the meaning of the Polish Copyright Act, the Customer grants the Seller a non-exclusive, royalty-free, territorially and temporally unlimited licence to use that work, including the right to sub-licence, for all fields of exploitation known at the time of granting, including reproduction by any technique, distribution, online publication, use in advertising and promotional materials.
4. Deletion of an Account or a review under § 9.8 does not affect the above licence.

§ 11. Subscription

1. The Seller may offer a Subscription service to Customers.
2. A Subscription enables automatic periodic delivery of selected Products at intervals chosen by the Customer, without placing separate orders each time. Payment is made exclusively via Recurring Payments using a single Card.
3. Removing the Card from the Subscription terminates the Subscription.
4. Recurring Payments require the Cardholder to be registered with the Payment Operator. Registration is intended to verify that the Customer authorising Recurring Payments is the legitimate Cardholder. Before registering the Card, the Customer must consent to regular charges by activating the Recurring Payments service. Consent is stored with the Payment Operator.
5. The Customer creates a Subscription by selecting this option in the Order Form. Confirmation of the Subscription is sent immediately to the Customer's email address provided at the time of the first Subscription Order.
6. The Customer manages their Subscription through their Account.
7. Subscriptions are for an indefinite period.
8. The Customer may end their Subscription at any time. Ending the Subscription constitutes withdrawal of consent for further Recurring Payments. No further Subscription Orders will be created. If the Subscription is ended after the date specified in the notification email, the current Subscription Order will be the last one processed.
   a) Subscriptions may be ended by selecting "End subscription" in the Subscription settings in the Customer's Account.
   b) The Customer may also end the Subscription by emailing halo@owcasklep.pl.
9. The Seller may end a Subscription by giving at least 7 days' notice by email or phone. In this case, no further charges will be made and no further Subscription Orders will be created.
10. The Seller may change product prices during a Subscription. The Customer will be informed of any price change in the notification email referred to in point 11.
11. The Seller sends the Customer a notification email for each Subscription Order at least 3 days before the payment is due, containing: the order details, quantity, price (including any price change), processing timeline, and the scheduled payment date. The notification also includes a link to Subscription settings and a deadline for cancelling the current Order. If the Subscription is ended after that deadline, the current Order will still be processed as the last one.
12. If a charge to the Card fails, the Customer will be notified by email. Possible reasons include: insufficient funds, expired Card, or technical issues.
13. Expiry of the Card linked to the Subscription, or any other authorisation failure, terminates the Subscription.
14. A Subscription Order is processed only after successful payment.
15. Termination of the Subscription immediately terminates the product sale agreement.

§ 12. Gift Vouchers

1. The Online Shop offers gift vouchers that can be used to purchase any products available in the shop.
2. Gift vouchers are multi-purpose vouchers within the meaning of Article 2(44) of the Polish VAT Act.
3. The sale of a gift voucher does not constitute a supply of goods or services for VAT purposes at the time of purchase.
4. The tax obligation arises only at the time of redemption — when the voucher is used to purchase specific products.
5. Gift vouchers are issued in electronic form and contain a unique code to be entered at the basket stage when placing an order.
6. A voucher is valid for the period specified at the time of purchase (by default 12 months from the date of purchase). After expiry, any unused balance may be refunded upon written request to halo@owcasklep.pl.
7. Gift vouchers:
       •    cannot be exchanged for cash;
       •    may be used in one transaction or across multiple transactions up to the voucher value (subject to technical availability);
       •    may be transferred to another person.
8. If goods purchased with a voucher are returned, the value will be credited to a new gift voucher.

§ 13. Final Provisions

1. These Terms and Conditions are effective from 6 December 2024.
2. If any provision of these Terms and Conditions is found invalid or unenforceable by a competent authority or court, the remaining provisions remain in full force and effect.
3. The Seller reserves the right to amend these Terms and Conditions. Agreements concluded before the date of any amendment are governed by the Terms and Conditions in force at the time of conclusion.
4. The governing law for all disputes arising under these Terms and Conditions is Polish law. Disputes will be resolved by the court with appropriate jurisdiction. Consumers may also use out-of-court dispute resolution mechanisms. Further information is available from the Polish Office of Competition and Consumer Protection at www.uokik.gov.pl. These procedures are voluntary and require the consent of both parties.
5. Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council, the Seller informs that an online dispute resolution platform (ODR) is available at http://ec.europa.eu/consumers/odr. The ODR platform is a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes relating to online sale or service agreements.

§ 14. Annex 1 — Information on the Right of Withdrawal

1. The right of withdrawal described below applies to Consumers and Sole Traders with Consumer Rights.
   You have the right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period expires after 14 days:
   1. for sale agreements — from the day on which you, or a third party designated by you (other than the carrier), take possession of the goods;
   2. for agreements involving multiple goods delivered separately — from the day you receive the last item;
   3. for agreements involving goods delivered in batches or parts — from the day you receive the last batch or part;
   4. for agreements for the regular delivery of goods over a defined period — from the day you receive the first item;
   5. for agreements for the supply of services or digital content not delivered on a physical medium — from the date of conclusion of the agreement.
2. To exercise the right of withdrawal, you must inform us — Futro i Szkło s.c., Ostrowskiego 7/516, 53-239 Wrocław, tel. 535977714, halo@owcasklep.pl — of your decision to withdraw by means of a clear statement (e.g. a letter sent by post or email).
3. You may use the model withdrawal form provided below, although this is not obligatory.
4. To meet the withdrawal deadline, it is sufficient to send your communication before the withdrawal period has expired.
5. If you withdraw from this agreement, we will reimburse all payments received from you, including the cost of delivery (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw. We will use the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise.
6. Where we have not offered to collect the goods, we may withhold the reimbursement until we have received the goods back or you have supplied evidence of having returned the goods, whichever is the earliest.
7. Please return the goods to: OWCASKLEP ZWROT OMNIPACK Sp. z o.o., Aleja Katowicka 66, 05-830 Nadarzyn, bud. DC04, rampa 40, without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
8. Due to the size and weight of some products, returning them may involve higher costs than a standard postal delivery. Courier services may require pallet shipment, which is more expensive than standard post.

§ 15. Annex 2 — Withdrawal Form