Terms and conditions of the omnom.com.pl online shop

§1 General provisions

1. The www.omnom.com.pl shop operates on the terms and conditions set out in these Terms and Conditions.
2. The Regulations specify the terms and conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.omnom.com.pl shop, the rules for the provision of these services, and the terms and conditions for the conclusion and termination of agreements on the provision of services electronically.
3. Each Customer is obliged to comply with the provisions of these Regulations as soon as he or she starts using the Electronic Services of the www.omnom.com.pl shop.
4. In matters not covered by these Regulations, the provisions shall apply:
   • the Act on Provision of Electronic Services of 18 July 2002,
   • Consumer Rights Act of 30 May 2014,
   • Law on out-of-court resolution of consumer disputes of 23 September 2016,
   • the Civil Code Act of 23 April 1964.
   • and other relevant provisions of Polish law.

§2 Definitions in the regulations

1. REGULATIONS - these Shop Rules.
2. SHOP - Provider's online shop operating at www.omnom.com.pl.
3. SERVICE ELECTRONIC - service provided electronically by the Service Provider to the Customer through the Shop.
4. CONTACT FORM - a form available on the website www.omnom.com.pl to send a message to the Service Provider.
5. FORM REGISTRATION - the form available on the website www.omnom.com.pl to create an Account.
6. ACCOUNT - a set of resources in the Service Provider's IT system, marked with an individual name (login) and password, in which the Customer's data is stored, including information on Orders placed.
7. FORM ORDERS - the form available on the website www.omnom.com.pl to place an Order.
8. SALESMAN, SERVICE PROVIDER - OMNOM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ registered in the Register of Entrepreneurs by the District Court Gdańsk-Północ in Gdańsk, VIII Economic Division of the National Court Register under KRS no.: 0000888565, place of business and address for service: ul. Świętojańska 48, 81-393 Gdynia, NIP: 5862366486, REGON: 388396804, electronic mail address (e-mail): omnomsk@wp.pl, telephone number: +48 535 522 186.
9. USER - a natural person, a legal person or an organisational unit without legal personality, to which legal capacity is granted by law, using an Electronic Service.
10. CUSTOMER - Customer who intends to conclude or has concluded a Sales Contract with the Seller.
11. CONSUMER - a natural person who carries out a legal transaction with an entrepreneur which is not directly related to his/her commercial or professional activity.
12. ENTREPRENEUR - a natural person, a legal person and an organisational unit which is not a legal person but to which the law confers legal capacity, conducting in its own name an economic or professional activity.
13. PRODUCT - a movable item available in the Store or a service, which is the subject of a Sales Contract between the Customer and the Seller.
14. AGREEMENT SALE - Contract of Sale of a Product concluded between the Customer and the Seller through the Shop.
15. ORDER - the Customer's declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
16. PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§3 Information on products and their ordering

1. The shop www.omnom.com.pl sells Products via the Internet.
2. The products offered in the Shop are new, in conformity with the contract and have been legally introduced into the Polish market.
3. The information on the Shop's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product on the terms and conditions specified in its description.
4. The Product price shown on the Shop website is given in Polish zloty (PLN) and includes all components, including VAT. The price does not include delivery costs.
5. The price of a Product shown on the web page of the Store is binding at the time the Customer places the Order. This price will not be changed, irrespective of price changes in the Shop that may occur for individual Products after the Customer has placed the Order.
6. The Seller shall clearly inform the Customers of the Unit Prices as well as Product promotions and price reductions. In addition to the information about Product reductions, the Seller shall display the lowest Price of that Product which was in effect during the 30 days prior to the introduction of the reduction, and if the Product has been offered for sale for less than 30 days - the Seller shall display the lowest Price of the Product which was in effect during the period from the date of commencement of offering that Product for sale until the date of introduction of the reduction.
7. Orders can be placed:
   • via the website using the Order Form (Shop www.omnom.com.pl) - 24 hours a day, all year round,
   • by telephone on: +48 535 522 186.
8. In order to place an Order, the Customer is not required to register an Account with the Store.
9. It is a condition of placing an Order in the Store that the Customer reads the Terms and Conditions and accepts them at the time of placing the Order.
10. Products on promotion (sale) have a limited number of units and Orders for them will be processed in the order in which they are received until the stocks of a given Product are exhausted.

§4 Conclusion of sales contract

1. In order to conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the means made available by the Seller in accordance with § 3 item 7 and 9 of the Terms and Conditions.
2. Once the Order has been placed, the Seller shall immediately acknowledge its receipt.
3. The acknowledgement of receipt of the Order referred to in point 2 of this paragraph binds the Customer to his Order. Confirmation of receipt of the Order is made by sending an e-mail message.
4. Confirmation of receipt of the Order includes:
   • confirmation of all essential elements of the Order,
   • withdrawal form,
   • these Terms and Conditions, including instructions on the right of withdrawal.
5. As soon as the Customer receives the e-mail message referred to in point 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
6. Each Sales Contract shall be confirmed by a proof of purchase, which shall be enclosed with the Product and/or sent by e-mail to the Customer's e-mail address specified in the Order Form.

§5 Methods of payment

1. The Seller makes payment available via an electronic payment system (Przelewy24.pl, PayPal.com, PayU.pl, Apple Pay, Google Pay, BLIK).

   The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.

2. In the case of payment via an electronic payment system, the Customer shall pay before the Order is processed. The electronic payment system makes it possible to pay by credit card or fast transfer from selected Polish and foreign banks.
3. The Customer is obliged to pay the price of the Sales Contract within 10 minutes of placing the Order, unless otherwise stated in the Sales Contract.
4. The product will only be dispatched once it has been paid for.

§6 Cost, deadline and delivery methods of the product

1. The delivery costs of the Product to be paid by the Customer are determined during the Ordering process and depend on the choice of delivery method for the purchased Product.
2. The date and time of delivery of the Product are chosen by the Customer.
3. Products purchased from the Shop are dispatched via courier service.
4. Products purchased in the Shop can also be collected by the Customer in person after prior e-mail or telephone contact.

§7 Product complaints

1. The basis and scope of the Seller's liability towards the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Product with the contract are set out in the Consumer Rights Act of 30 May 2014.
2. The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur referred to in § 9 under warranty are defined in the Civil Code Act of 23 April 1964.
3. The Seller shall be liable to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Product with the agreement existing at the moment of delivery of the Product and disclosed within 2 years from that moment, unless the Product expiry date specified by the Seller or persons acting on behalf of the Seller is longer.
4. Notification of the Product's non-conformity with the contract and the corresponding request can be made by e-mail to: omnomsk@wp.pl or in writing to: Świetojańska 48, 81-393 Gdynia.
5. In the above-mentioned written or electronic message, please provide as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller.
6. For the purpose of assessing irregularities and non-compliance of the Product with the contract, the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense.
7. The Seller shall respond to the Customer's request immediately, but no later than within 14 days of receipt.
8. In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions - failure to consider the complaint within 14 days of its submission is tantamount to accepting it.
9. The Customer, who is a Consumer or an entity referred to in § 10, may first demand that the Product be replaced or repaired by the Seller. A price reduction and withdrawal from the contract may be requested by the Customer only in the cases indicated in the Consumer Rights Act of 30 May 2014. (inter alia, when the non-conformity of the goods with the contract is material, when the Seller has refused to bring the goods into conformity with the contract or when the non-conformity of the goods with the contract still exists, despite the fact that the Seller has already tried to bring the goods into conformity with the contract).
10. In connection with a justified complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller accordingly:
    • covers the costs of repair or replacement and of redelivery of the Product to the Customer,
    • shall reduce the price of the Product (the reduced Price must be in the proportion of the Price of the goods in conformity with the contract to the goods not in conformity with the contract) and shall reimburse to the Consumer or the entity referred to in § 10 the value of the reduced Price no later than within 14 days of receipt of the declaration on price reduction from the Consumer or the entity referred to in § 10,
    • in the event of withdrawal from the contract by the Consumer or the entity referred to in § 10 - the Seller shall return to him the Price of the Product no later than 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 shall immediately return the goods to the Seller at the Seller's expense,
11. The response to the complaint shall be provided on paper or other durable medium, e.g. by e-mail or SMS.

§8 Right of withdrawal

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions and who has concluded a remote contract may withdraw from it without stating reasons by making a relevant statement within 14 days. Sending the statement of withdrawal made available by the Shop is sufficient to meet this deadline.
2. In the event of withdrawal from the agreement, the Sales Agreement shall be considered unconcluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions shall be obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the date on which they have withdrawn from the agreement, unless the Seller offered to collect the Product themselves. It is sufficient to send back the Product before the deadline.
3. In the event of withdrawal from the Sales Contract, the Product must be returned to the address: Świetojańska 48, 81-393 Gdynia.
4. The Consumer or the entity referred to in § 10 of the Terms and Conditions shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 of the manner and timing of exercising the right of withdrawal and has not provided the Consumer or the entity with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or entity referred to in § 10 of the Terms and Conditions should only handle and inspect the Products in the same manner as they would do in a stationary shop.
5. Subject to points 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product together with its delivery costs using the same method of payment as the Consumer, unless the Consumer or the entity referred to in § 10 of these Terms and Conditions expressly agreed to a different method of reimbursement which does not involve any costs for them. Subject to point 7 of this paragraph, the return shall take place immediately, and at the latest within 14 days of receipt by the Seller of the Seller's statement of withdrawal from the Sales Agreement.
6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions have chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Shop, the Seller shall not be obliged to reimburse them for the additional costs they have incurred.
7. If the Seller has not offered to collect the Product itself from the Consumer or the entity referred to in § 10 of the Terms and Conditions, the Seller may withhold reimbursement of the payment received from the Consumer until it has received the goods back or the Consumer or the entity referred to in § 10 of the Terms and Conditions has provided proof of its return, whichever event occurs first.
8. A Consumer or an entity referred to in § 10 of the Terms and Conditions withdrawing from a Sales Contract, pursuant to point 1 of this paragraph, shall only bear the costs of sending the Product back to the Seller.
9. The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall count:
   • for an agreement in the performance of which the Seller delivers the Product being obliged to transfer its ownership - from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third person indicated by them other than the carrier) took possession of the Product,
   • for a contract which involves multiple Products which are delivered separately, in lots or in parts, from taking possession of the last Product, lot or part thereof,
   • for a contract consisting of the regular delivery of a Product over a fixed period of time, from taking possession of the first Product,
   • for other contracts, from the date of conclusion of the contract.
10. The right of withdrawal from a distance contract is not granted to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Contract:
    • where the object of the supply is a non-refabricated good made to the consumer's specifications or to meet the consumer's personalised needs,
    • where the object of the service is goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery,
    • in which the object of the performance is goods which are, by their nature, inseparable from other goods after delivery,
    • for the provision of services for which the consumer is liable to pay the price, where the trader has supplied the service in full with the express and prior agreement of the consumer, who has been informed before the performance of the service by the trader that he will lose his right of withdrawal after the trader has provided the service and has acknowledged it,
    • where the object of the performance is goods which are perishable or have a short shelf life.
11. Both the Seller and the Customer shall have the right to withdraw from the Sales Contract if the other party to the contract fails to perform its obligation within a strictly defined period of time.

§9 Business-to-business (B2B) provisions

1. This paragraph contains provisions which only apply to traders who are not covered by the protection of the Consumer Rights Act referred to in § 10 of the Terms and Conditions..
2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. The withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
3. The Seller has the right to restrict the payment methods available to non-consumers, including requiring prepayment of part or all of the sales price regardless of the payment method chosen by the Customer and the conclusion of the Sales Agreement.
4. The benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product are transferred to the Customer who is not a Consumer from the moment the Product is released by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product occurring from the moment the Product is accepted for transport until it is handed over to the Customer, as well as for any delay in transporting the consignment.
5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the consignment in the time and manner usual for consignments of this type. If the Customer discovers that the Product was damaged during transport, the Customer is obliged to perform all actions necessary to establish the carrier's liability.
6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a notice of termination.

§10 Provisions for entrepreneurs with consumer rights

1. A sole trader (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act provided that the contract he concludes with the Seller is directly related to his business activity, but the content of this contract shows that it is not of a professional nature for him, arising in particular from the subject of his business activity.
2. The business person referred to in subsection 1 of this section is covered only to the extent of:
   • prohibited contractual provisions,
   • liability for non-conformity of the Product with the contract,
   • right of withdrawal from a distance contract,
   • rules concerning the contract for the supply of digital content or a digital service.
3. A trader referred to in subsection 1 of this section shall lose his rights under consumer protection if the Sales Agreement he has concluded with the Seller has a professional character, which is verified on the basis of the trader's entry in the Central Register of Business Activity and Information of the Republic of Poland, in particular the Polish Classification of Business Activity codes indicated there.
4. Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by the district consumer ombudsmen as well as the President of UOKiK.

§11 Type and scope of electronic services

1. The Service Provider makes it possible through the Shop to use Electronic Services such as:
   • concluding Product Sales Agreements,
   • maintaining an Account with the Store,
   • sending a message via the Contact Form.
2. The provision of Electronic Services to Service Recipients in the Store shall take place under the terms and conditions set out in the Terms and Conditions.
3. The Service Provider has the right to place advertising content on the Shop's website. Such content is an integral part of the Shop and the materials presented therein.

§12 Terms and conditions for the provision and conclusion of contracts for electronic services

1. Provision of Electronic Services specified in § 11.1 of the Terms and Conditions by the Service Provider is free of charge.
2. The period for which the contract is concluded:
   • The contract for the provision of Electronic Services consisting of enabling the Order to be placed in the Shop is concluded for a definite period of time and terminates at the moment the Order is placed or the Customer ceases to place it,
   • The contract for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time. The agreement is concluded when the Customer sends the completed Registration Form,
   • The contract for the provision of Electronic Services consisting of enabling the Customer to send a message to the Service Provider via the Contact Form is concluded for a definite period of time and is terminated as soon as the message is sent or the Customer stops sending it.
3. Technical requirements necessary to work with the ICT system used by the Service Provider:
   • a computer (or mobile device) with Internet access,
   • access to e-mail,
   • web browser,
   • enable Cookies and Javascript in your web browser.
4. The Customer is obliged to use the Shop in a manner consistent with the law and good manners, with due regard for the personal rights and intellectual property rights of third parties.
5. The customer is obliged to enter factually correct data.
6. The recipient is prohibited from providing unlawful content.

§13 Complaints relating to the provision of electronic services

1. Complaints relating to the provision of Electronic Services via the Shop may be made by the Customer via e-mail to the following address: omnomsk@wp.pl
2. In the aforementioned e-mail message, please provide as much information and circumstances as possible concerning the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and expedite the handling of the complaint by the Service Provider.
3. The Service Provider shall deal with the complaint immediately, no later than within 14 days of the complaint.
4. The Service Provider's response to the complaint shall be sent to the Client's e-mail address specified in the complaint or by any other means specified by the Client.

§14 Terms and conditions of termination of electronic service contracts

1. Termination of the Electronic Service Agreement:
   • the agreement for the provision of an Electronic Service of a continuous and unlimited nature (maintaining an Account) may be terminated.
   • The Customer may terminate the contract with immediate effect and without stating reasons by sending a statement to that effect via e-mail to the following address: omnomsk@wp.pl or by deleting the Account,
   • The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Customer violates the Terms and Conditions, in particular when he or she provides content of an unlawful nature, after an ineffective prior request to cease violations with the setting of an appropriate period of time. In this case, the Agreement shall expire 7 days after the date of submission of the declaration of intent to terminate the Agreement (notice period),
   • termination leads to the termination of the legal relationship with effect for the future.
2. The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement.

§15 Intellectual property

1. All content posted on the website at www.omnom.com.pl is protected by copyright and (subject to § 15.3 and the elements posted by the Service Recipients, used under license, transfer of copyright or permitted use) is the property of OMNOM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered in the Register of Entrepreneurs by the District Court Gdańsk-Północ in Gdańsk, VIII Economic Division of the National Court Register under KRS number: 0000888565, place of business and address for delivery: ul. Świętojańska 48, 81-393 Gdynia, NIP: 5862366486, REGON: 388396804. The Customer shall be fully liable for any damage caused to the Service Provider as a result of the use of any content of www.omnom.com.pl without the consent of the Service Provider.
2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of the www.omnom.com.pl website constitutes an infringement of the Service Provider's copyright and will result in civil and criminal liability.
3. All trade names, Product names, company names and their logos used on the Shop website at www.omnom.com.pl belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images presented on the Shop's website at www.omnom.com.pl are used for information purposes.

§16 Final provisions

1. Contracts concluded through the Shop are concluded in accordance with Polish law.
2. If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.
3. Any disputes arising from Sales Agreements between the Store and Customers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
4. Judicial settlement of disputes:
   • Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of 17 November 1964,
   • Any disputes arising between the Service Provider and the Customer (Client) who is not at the same time a Consumer, as referred to in § 9 of the Terms and Conditions, shall be submitted to the court having jurisdiction over the Service Provider's registered office.
5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, an application for mediation or an application for consideration of the case by an arbitration court (the application can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Voivodship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
6. In order to resolve the dispute amicably, the consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.