Terms and Conditions OTMĘT®

§1 GENERAL PROVISIONS

These Terms and Conditions of the Online Store (hereinafter referred to as the “Terms and Conditions”) define the rules for using the Online Store, including but not limited to placing and fulfilling Orders, using the Customer Account, the complaint procedure, and rights related to withdrawal from the Sales Agreement.
The Terms and Conditions are made available to the Customer free of charge at the Store's website before the conclusion of the Sales Agreement, in a manner that allows them to be obtained, reproduced, and stored via the Customer's IT System.
The Customer is obliged to comply with all provisions of these Terms and Conditions. Sales are conducted based on the current version of these Terms and Conditions, i.e., the version that is binding and accepted by the Customer at the time of placing the Order.
The conclusion of the agreement for the electronic provision of Customer Account services specified in these Terms and Conditions requires registration in the Online Store, as well as acknowledgment and acceptance of these Terms and Conditions.
By entering into an agreement for the electronic provision of Customer Account services, the Seller undertakes to provide ongoing access to the Customer Account and full use of the Online Store under the conditions and rules specified in these Terms and Conditions.

§2 DEFINITIONS

Whenever these Terms and Conditions refer to:
1. “Seller” – this means Otmęt-Zbyt Sp. z o.o., located at Kilińskiego 1, 47-303 Krapkowice, NIP number: 7491797789, REGON number: 531402807, email: sekretariat@otmetzbyt.com.pl, which operates the Online Store and sells Goods via this platform;
2. “Customer” – this means a natural person with full legal capacity, and in cases provided by generally applicable laws, a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality that has legal capacity under the law, using the Online Store, including with the use of the Customer Account created by the Seller;
3. “Consumer” – this means a Customer who is a natural person using the Online Store, particularly for making purchases, in a manner not directly related to the Customer’s business or professional activities;
4. “Parties” – this means collectively the Seller and the Customer;
5. “Sales Agreement” – this means an agreement concluded remotely, the subject of which is the sale of Goods by the Seller to the Customer in accordance with the rules specified in these Terms and Conditions;
6. “Online Store” – this means the internet platform butyotmet.eu administered by the Seller, available online via the website butyotmet.eu, through which the Customer can purchase Goods.
7. “ICT System” – this means a set of cooperating IT devices and software that enables the processing, storage, transmission, and reception of data through telecommunications networks, using appropriate terminal devices for the given type of telecommunications network, as defined by the Telecommunications Law of July 16, 2004 (Journal of Laws 2019, item 2460, as amended).
8. “Goods” – this means a movable item presented by the Seller in the Online Store, which may be the subject of a Sales Agreement. Product images are for illustrative purposes only, meaning that the actual appearance of the Goods may slightly differ due to individual settings of the Customer’s computer equipment (e.g., color saturation, proportions).
9. “Customer Account” – this means an individual account created for the Customer as part of the Seller's electronic services, which allows the Customer to access the Online Store and, among other features, place Orders in a simplified manner.
10. “Electronic Address” – this means the designation of an ICT System that enables communication through electronic means, particularly email.
11. “Price” – this means the gross value of the Goods expressed in PLN, including VAT. The Price does not include delivery costs, which depend on the delivery method chosen by the Customer, as well as the value and size of the Order, and are provided during the selection of the delivery method by the Customer. The total Order cost (i.e., the price of the Goods along with other costs, including delivery costs) is indicated in the cart before the Customer places the Order.
12. “Personal Data” – this means information about an identified or identifiable natural person.
13. “Personal Data Administrator” – this means the Seller, who, in this role, independently or jointly with others, determines the purposes and methods of processing Personal Data.
14. “Terms and Conditions” – this refers to this document.
15. “GDPR” – this means REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 2016, p. 1).
16. “Order” – this means the Customer’s declaration of intent submitted via the Online Store, specifying the type and quantity of Goods ordered, the type of delivery, the type and amount of payment, the place of delivery, and Customer details, constituting an offer to conclude a Sales Agreement between the Customer and the Seller.

§3 GENERAL CHARACTERISTICS OF THE ONLINE STORE

The Online Store is operated by the Seller.
The Online Store is not intended for wholesale transactions. If a Customer wishes to purchase Goods in bulk, they should contact the Seller via email at the Seller’s Electronic Address: sekretariat@otmetzbyt.com.pl. If an Order placed via the Online Store indicates that it constitutes a wholesale Order, the Seller has the right to refuse to fulfill such an Order, informing the Customer either via an appropriate message in the Online Store or by contacting the Customer directly.
Information about Goods provided on the Online Store’s website does not constitute an offer within the meaning of the Civil Code but an invitation to submit offers under Article 71 of the Civil Code.
Information about Goods listed in the Online Store does not guarantee that the Goods are actually available with the Seller or that the Order for these Goods can be fulfilled.
Goods presented in the Online Store may be covered by a warranty from the manufacturer, importer, or Seller, applicable within the territory of Poland. The warranty period for each Good is specified in its description. Detailed terms of the warranty are defined in the warranty card issued by the guarantor.
The Seller reserves the right to change the Prices of Goods presented in the Online Store, introduce new Goods to the offer, remove Goods from the offer, or modify their descriptions, and to conduct promotional campaigns in the Online Store, particularly based on the terms of a given promotion. These changes do not affect the validity or execution of Orders placed by the Customer prior to their implementation.
The Seller provides access to the Online Store for the Customer exclusively online, under the condition that the Customer ensures, at their own expense:
1. Computer equipment with an operating system that allows the use of Internet resources;
2. A connection to the Internet;
3. Access to an individual email account;
4. A properly configured web browser in its latest official version with the option to enable “cookies” (e.g., Mozilla Firefox, Google Chrome, Safari, Opera).
Unless otherwise specified in the Terms and Conditions, the Online Store is available to the Customer 24 hours a day, seven days a week during the period of their use of the Online Store.
The Seller reserves the right to make the Online Store temporarily unavailable to the Customer in order to ensure the security and stability of the Online Store for purposes such as repairs, maintenance, resolving failures, implementing necessary adaptations or changes, and similar actions.
The Seller reserves the right to modify the functionalities of the Online Store, either by expanding it with new features or altering existing functionalities.

§4 CUSTOMER ACCOUNT

To access the full range of functionalities of the Online Store, the Customer must accept the Terms and Conditions, register a Customer Account free of charge, and confirm this registration as required by the Seller.
Creating a Customer Account is not mandatory to place an Order in the Online Store.
By registering a Customer Account and accepting the Terms and Conditions, the Customer consents to the provision of electronic services for managing the Customer Account in accordance with these Terms and Conditions.
During the registration of the Customer Account, the Customer provides a login and password chosen by them, known only to them. The Customer is responsible for maintaining the confidentiality of their login and password and must not share them with unauthorized persons.
To register a Customer Account, the Customer should:
1. Complete the registration form available in the Online Store;
2. Fill in all required fields marked with an asterisk (*);
3. Accept the Terms and Conditions.
The data entered into the registration form during Customer Account registration must pertain to the Customer and must be true.
Upon registration, a confirmation email will be sent to the email address provided in the registration form. This email will include a request to verify the data and complete the registration process. Once confirmed, the electronic service agreement for managing the Customer Account is concluded, and the Customer gains access to the account and can modify the data provided during registration.
The Seller reserves the right to refuse the registration of a Customer Account and the conclusion of an electronic service agreement for valid reasons.

§5 ORDERS AND THEIR PROCESSING

Orders can be placed via the electronic Order form available in the Online Store, 24 hours a day, 7 days a week.
The Customer may place an Order either by logging into their Customer Account or without an account by providing the details specified in the electronic Order form, necessary for Order processing.
To place an Order via the Online Store, the Customer adds the selected Goods to the cart by choosing the type and quantity of Goods and clicking the "ADD TO CART" button. The Customer then completes other technical steps based on the displayed instructions, including selecting the delivery method and payment form. The Customer places the Order by submitting the electronic Order form to the Seller, selecting the "Order with payment obligation" button (or its equivalent) on the Online Store's website. Acceptance of the Terms and Conditions by the Customer is required before placing the Order. In the Order summary, before sending it to the Seller, the Customer receives information about the main features of the ordered Goods, the total cost of the Order (including the price of the selected Goods, delivery costs, and any additional costs related to the Order).
Sending the Order by the Customer constitutes an offer to the Seller to conclude a Sales Agreement for the Goods specified in the Order.
After placing the Order, the Seller sends an email to the Customer's provided Electronic Address, confirming acceptance of the Order for processing. This confirmation constitutes the Seller’s statement of acceptance of the offer, which is equivalent to the conclusion of a Sales Agreement between the Parties.
The binding and final Price is the one indicated in the cart at the time the Customer places the Order.
For Orders placed in the Online Store, the Customer can pay:
1. In cash on delivery – in the case of Goods delivered via courier or collected by the Customer personally; or
2. In advance – by traditional bank transfer to the Seller’s payment account: Account Number: 27 1050 1504 1000 0090 3051 0631, or via electronic payments and payment cards through electronic payment operators.
The Customer will be informed of the payment amount directly before making the payment, as well as the available payment methods and the details of the payment operator processing the transaction. Detailed regulations for making payments through electronic payment operators are available on the website of the respective operator.
To make a payment through an electronic payment operator, the Customer should follow the instructions provided by the operator, to whom they will be redirected from the Online Store, and promptly complete the payment for the Order.
The Customer declares their consent to the use and transmission of electronic invoices in PDF format by the Service Provider, which do not require signatures from either party. These invoices will be sent to the Customer's designated Electronic Address. The Seller will provide the Customer with an electronic invoice immediately after receiving payment for the Order.
The Seller delivers Goods only within the territory of the Republic of Poland unless otherwise specified in the description of a given Good.
When placing an Order, the Customer selects the method of delivery for the Goods. The Goods may be delivered to the Customer:
1. Via a courier service,
2. Via a parcel locker,
3. By personal collection of the Goods by the Customer at the Seller’s facility.
The Seller provides information in the Online Store regarding the number of business days required for the delivery of Goods using a specific delivery method.
Upon receiving the shipment containing the Goods, the Customer should check its condition. If the packaging is damaged or tampered with, it is recommended that the Customer, in the presence of the delivery person, prepare a damage report. The Customer should promptly send the damage report along with any potential complaint to the Seller.
The Seller reserves a maximum Order processing time of 30 days. If this period lapses unsuccessfully, the Customer may cancel the Order by submitting a cancellation statement to the Seller. In such a case, the Seller will promptly refund all payments made by the Customer, including any delivery costs.
The Seller includes a sales confirmation with every delivered Order in the form of a VAT invoice or fiscal receipt. If the Customer is a VAT taxpayer and wishes to receive an invoice, they should send the Seller the relevant information, for instance via email, immediately after the purchase, providing the necessary details.

§6 TERMINATION AND EXPIRATION OF THE AGREEMENT FOR THE PROVISION OF SERVICES

This section does not apply to Sales Agreements but is applicable solely to agreements for the provision of electronic services for managing the Customer Account.
The agreement for the provision of electronic services may be terminated by the Customer at any time via the Online Store. The Seller will confirm the termination of the agreement by sending a message to the Customer’s Electronic Address provided in the Customer Account.
The Seller has the right to terminate the agreement for the provision of electronic services at any time for valid reasons, with a 14-day notice period. The Seller will terminate the agreement by sending a relevant statement of intent to the Customer’s Electronic Address provided in the Customer Account.
The agreement for the provision of electronic services expires in the event of:
1. The death or liquidation of the Customer;
2. The liquidation of the Seller or the cessation of the Seller’s business activities.

§7 PERSONAL DATA PROTECTION

The Seller, as the Personal Data Administrator, makes every effort to ensure all possible physical, technical, and organizational measures to protect Personal Data against accidental or intentional destruction, accidental loss, alteration, unauthorized disclosure, use, or access, in accordance with all applicable legal regulations, including GDPR.
The Seller uses cookies and other similar technologies within the Online Store to improve efficiency and offer the Customer increasingly advanced functionalities of the Online Store, as well as more tailored advertisements. If the Customer does not agree to the storage and retrieval of information in cookies, they can change their browser settings or apply an opt-out option on the respective technology provider’s website. Detailed information regarding the technologies used by the Seller is available in the Cookie Policy at butyotmet.eu.
More information about the processing of Personal Data by the Seller can be found in the Privacy Policy available at butyotmet.eu.

§8 LIABILITY

The Customer is obligated to use the Online Store in accordance with its intended purpose and refrain from any activity that could disrupt its proper functioning.
The Customer is prohibited from introducing unlawful content into the Online Store. The Customer assumes full responsibility for the accuracy, scope, completeness, content, and compliance with legal regulations of the data entered and stored in their Customer Account.
To the extent permitted by law, the Seller shall not be held liable for:
1. Blocking by email server administrators, who manage the Customer’s email messages, of messages sent by the Seller to the Customer’s Electronic Address, as well as the deletion or blocking of email messages sent by the Seller by software installed on the Customer’s computer equipment;
2. Improper functioning of the Online Store caused by the Customer's computer hardware, software, or Internet access not meeting the technical requirements specified in the Terms and Conditions;
3. Consequences of the Customer providing incorrect or untrue data during the registration of the Customer Account or when placing an Order.
The Online Store may contain links to other websites. The Seller is not responsible for the content, form, or accuracy of the information contained in these links. Browsing the content of these links is done at the Customer’s own risk.
The Seller reserves the right to place advertisements in any part of the Online Store in forms commonly used on the Internet. The Seller is not responsible for the content of advertisements displayed in the Online Store or for any claims by third parties arising from such advertisements.
Subject to mandatory legal provisions, to the maximum extent permitted by law, the Seller's liability for damages caused to Customers who are not Consumers is limited to the amount paid by such a Customer to the Seller for the purchase of the respective Goods, regardless of the source or legal basis of the non-Consumer Customer’s claim. Furthermore, liability for lost profits is excluded.

§9 WITHDRAWAL FROM THE SALES AGREEMENT

The Consumer has the right to withdraw from the concluded Sales Agreement without providing a reason within 14 days from the day of receiving the Order. This period begins:
1. From the day the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the Goods;
2. In the case where the Sales Agreement includes multiple Goods delivered separately, in batches, or in parts – from the day of taking possession of the last Good, batch, or part;
3. In the case where the Sales Agreement involves the regular delivery of items for a specified period – from the day of taking possession of the first item;
4. For other cases – from the day the Sales Agreement was concluded.
To meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding their decision to exercise the right of withdrawal before the withdrawal period expires.
To exercise the right of withdrawal from the Sales Agreement, the Consumer is required to provide the Seller with a declaration of withdrawal, preferably via the Electronic Address: sekretariat@otmetzbyt.com.pl. If the Consumer uses this option, the Seller will promptly confirm receipt of the withdrawal information on a durable medium (e.g., by email).
The Consumer may formulate the declaration of withdrawal from the Sales Agreement in the following manner (however, adherence to this format is not mandatory):

Declaration of Withdrawal from the Sales Agreement

Seller's Name: Otmęt-Zbyt Sp. z o.o.

Seller's Address: Kilińskiego 1, 47-303 Krapkowice

Seller's Email: sekretariat@otmetzbyt.com.pl

I/We (*) hereby withdraw from the purchase agreement for the following Goods: ____________________________________________________

Ordered on ()/received on (): ______________________________________________

Name(s) of Consumer(s): ____________________________________________

Address(es) of Consumer(s): ____________________________________________________

Signature(s) of Consumer(s) (only for declarations in paper form):_______________________

Date: ___________________________________________________________________

(*) Cross out what does not apply

In the event of withdrawal from the Sales Agreement, the agreement shall be deemed not concluded.
The Seller shall refund the Consumer all payments received related to the Sales Agreement from which the Consumer withdraws, in particular the Price of the Goods and the delivery cost, provided that with regard to the refund of delivery costs, the Seller is only obliged to refund the cost of the standard, cheapest delivery method offered by the Seller. The Consumer shall bear the direct costs of returning the Goods resulting from the withdrawal from the Sales Agreement.
The Seller shall refund the payments received from the Consumer, including the Price of the Goods and the delivery cost, immediately, but no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Sales Agreement, subject to paragraph 8 below. The refund shall be made using the same payment method that the Consumer used to pay for the Goods, unless the Seller and the Consumer agree otherwise.
The Consumer who has withdrawn from the Sales Agreement is obliged to return the Goods to the Seller immediately, but no later than 14 days from the date of withdrawal from the agreement. It is sufficient to send the Goods back before the deadline to meet the time limit. The returned Goods should remain in a condition that does not exceed what is necessary to determine the nature, characteristics, and functioning of the Goods. The Seller may withhold the refund of the payment for the Goods until the Seller receives the Goods or until the Consumer provides proof of their return, whichever event occurs first.
The right to withdraw from the Sales Agreement does not apply to the Consumer with regard to Sales Agreements:
1. where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet their individualized needs;
2. where the subject of the service is an item that is liable to deteriorate rapidly or has a short shelf life;
3. where the subject of the service is an item delivered in a sealed package, which cannot be returned after the package has been opened due to health protection or hygiene reasons, provided the package was opened after delivery;
4. where the subject of the service is items which, after delivery, due to their nature, become inseparably combined with other items;
5. where the subject of the service is sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
6. for the delivery of newspapers, periodicals, or magazines, except for subscription agreements;
7. for the delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the explicit consent of the Consumer before the withdrawal period has expired and after the Consumer has been informed by the entrepreneur of the loss of the right to withdraw from the agreement.
The rights of the Consumer referred to in this §9 also apply to a Customer who is a natural person entering into an agreement directly related to their business activity, where the content of that agreement indicates that it does not have a professional character for that person, in particular as derived from the subject of the business activity performed by them, as made available under the provisions on the Central Register and Information on Economic Activity.

§10 PRODUCT DEFECTS. COMPLAINTS

The Seller is obliged to deliver Goods to the Customer that are free from defects.
The Seller is liable to the Customer under the warranty for physical or legal defects of the Goods purchased by the Customer. In the case of sales not constituting consumer sales, the provisions contained in Articles 556-576 of the Civil Code, including Articles 5564 and 5565 of the Civil Code, shall be excluded.
The Consumer has the right to demand a price reduction, defect removal, replacement of the defective product with a new one, or withdrawal from the Sales Agreement. This right also applies to a Customer who is a natural person entering into an agreement directly related to their business activity, where the content of the agreement indicates that it does not have a professional character for that person, particularly derived from the subject of the business activity performed by them, as made available under the provisions on the Central Register and Information on Economic Activity.
The Customer may file complaints and provide information related to the non-performance or improper performance of the Sales Agreement by the Seller, including defects in the Goods or the provision of electronic services specified in the Terms and Conditions, in any form, particularly by electronic means to the Seller's email address: sekretariat@otmetzbyt.com.pl, or by postal mail to the Seller's address: Kilińskiego 1, 47-303 Krapkowice.
To facilitate the efficient processing of a complaint, the complaint should include:
1. Details of the complainant (name and surname/company name and address of the Customer, Email Address);
2. Description of the event that forms the basis of the complaint;
3. The Customer's expectations regarding how the complaint should be resolved;
4. Proof of purchase if the complaint concerns an ordered Good.
In the case of complaints regarding defective Goods, the Customer is obliged to deliver the defective Good to the Seller's address. For Consumers, the cost of delivery shall be covered by the Seller.
The Seller will respond to the Customer's complaint and notify them of further actions related to the complaint within 14 (fourteen) calendar days from receiving a complete complaint submission.
If the complaint is resolved in favor of the Customer, the costs of replacing or repairing the Good shall be borne by the Seller.
The Customer will receive information about how the complaint has been resolved via electronic correspondence to the Email Address provided in the complaint submission.

§11 FINAL PROVISIONS

This Terms and Conditions come into force on May 27, 2024.
The Seller reserves the right to unilaterally amend the provisions of the Terms and Conditions without the need to justify the reasons for such changes, while also committing to inform the Customer of any changes to the Terms and Conditions by publishing the unified text of the Terms and Conditions on the website https://butyotmet.eu/regulamin-sklepu. Changes to the Terms and Conditions do not affect orders placed by the Customer before the changes take effect—such orders are fulfilled in accordance with the Terms and Conditions in force at the time the order was placed.
Changes to the Terms and Conditions come into effect 7 days after their content is made available on the website https://butyotmet.eu/regulamin-sklepu. If the Customer does not accept the new content of the Terms and Conditions, they are obliged to inform the Seller of this fact, which results in the termination of the agreement for the provision of the Customer Account service in accordance with the provisions of §6 of the Terms and Conditions.
In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the provisions of the Act of April 23, 1964, Civil Code (consolidated text: Journal of Laws of 2020, item 1740, as amended) and the provisions of the Act of May 30, 2014, on Consumer Rights (Journal of Laws of 2020, item 287, as amended).
All disputes arising from the performance of the Sales Agreement will be resolved amicably by the Parties. In the event that the Parties who are entrepreneurs fail to reach an amicable resolution within 60 days from the date the claim is submitted, the dispute will be finally settled by the court with jurisdiction over the Seller's registered office.
The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods for handling complaints and pursuing claims. These include, in particular:
1. a permanent, amicable consumer court operating at the Trade Inspection;
2. mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller, conducted by the regional inspector of the Trade Inspection;
3. assistance in resolving disputes between the Customer and the Seller provided by the relevant district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection;
4. the online dispute resolution platform for disputes between consumers and entrepreneurs at the EU level (ODR platform), available at http://ec.europa.eu/consumers/odr/.

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