Terms and conditions of the LaCava online store - Specialty Coffee Roastery

Specifying, among other things, the rules for concluding sales contracts through the store, containing the most important information about the seller, the store and consumer rights.

CONTENTS

• 1 Definitions
• 2. Contact with the Seller
• 3 Technical requirements
• 4 Shopping in the Store
• 5 Payments
• 6. Order fulfillment
• 7. Right of withdrawal
• 8. Exceptions to the right of withdrawal
• 9 Complaints
• 10 Personal data
• 11 Disclaimers

Appendix No. 1: Sample withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, excluding public holidays.

Account – a free function of the Store (a service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up his/her individual Account in the Store.

Consumer – Consumer within the meaning of the provisions of the Civil Code.

Buyer - any entity purchasing in the Store.

Regulations – these regulations.

Store - LaCava online store - Specialty Coffee Roastery run by the Seller at https://www.lacava.pl.

Seller - LaCava Sp. z o. o., ul. Bednarska 7, 00-310 Warsaw, entered by the District Court for the capital city of Warsaw, XIIth Commercial Division of the National Court Register under the number: 0000838337, NIP: PL5252821302, REGON: 385948433, share capital PLN 100,000.00, fully paid up. Address of the coffee roastery and correspondence address: al. Katowicka 7, Wolica 05-830.

§ 2 CONTACT WITH THE SELLER

1. Postal address: al. Katowicka 7, 05-830 Wolica
2. E-mail address: biuro@lacava.pl. Telephone: +48 22 726 77 00

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, you need:

• A device with internet access
• A web browser that supports JavaScript and cookies

2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

1. The prices of goods visible in the Store are total prices for the goods, including VAT.
2. The Seller points out that the total price of the order consists of the price of the goods and the delivery costs indicated in the Store.

3. The goods selected for purchase should be added to the basket in the Store.
4. Then the Buyer selects from the options available in the Store: the method of delivery of the goods and the method of payment for the order, and provides the data necessary to complete the placed order.
5. The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.
7. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than upon delivery of the goods.
8. The Buyer may register in the Store, i.e. create an Account there, or make purchases without registration by providing his/her data with each possible order.

§ 5 PAYMENTS 

1. You can pay for your order:
   • By regular transfer to the Seller's bank account.
   • By payment card: Visa
   • MasterCard MasterCard
   • Via the payment platform: PayPal
   • Cash on delivery, i.e. upon delivery of the goods to the Buyer.
   • choosing the installment option and signing a valid SANTANDER contract

2. If the Buyer chooses to pay in advance, the order must be paid for within 7 business days of placing the order.
3. The Seller informs that in the case of some payment methods, due to their specific nature, payment for the order using this method is only possible immediately after placing the order.

§ 6 ORDER FULFILLMENT

1. The Seller is obliged to deliver goods free from defects.
2. The order processing time is a maximum of 2 business days.
3. If the Buyer has chosen to pay for the order in advance, the Seller will start processing the order after it has been paid.
4. If the Buyer has purchased goods with different delivery times within one order, the order will be completed within the time appropriate for the goods with the longest delivery time.
   
5. We offer worldwide shipping – our shipments outside Poland include courier services with tracking and customs clearance. For countries outside the EU, additional formalities apply, including customs documentation, duties, and taxes, which may be charged according to local regulations.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT 

1. The Consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The deadline for withdrawal from the contract expires after 14 days from the date of:
   • On which the Consumer came into possession of the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods.
   • On which the Consumer came into possession of the last item or on which a third party, other than the carrier and indicated by the Consumer, came into possession of the last item in the case of a contract requiring the transfer of ownership of multiple items that are delivered separately.
   • In the case of a contract for the supply of digital content – ​​from the date of conclusion of that contract

3. In order for the Consumer to exercise the right to withdraw from the contract, he or she must inform the Seller, using the data provided in § 2 of the Regulations, of his or her decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).
4. The consumer may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory.
5. In order to meet the withdrawal deadline, it is sufficient for the Consumer to send information concerning the exercise of his right to withdraw from the contract before the expiry of the withdrawal deadline.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

6. In the event of withdrawal from the concluded contract, the Seller shall return to the Consumer all payments received from him, including the costs of delivery of the goods (with the exception of additional costs resulting from the Consumer's choice of a method of delivery other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal.
7. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution; in any case, the Consumer will not incur any fees in connection with this refund.
8. The Seller may withhold reimbursement until receipt of the goods or until proof of their return is provided, whichever occurs first.
9. The Seller requests that the goods be returned to the following address: al. Katowicka 7, Wolica 05-830 immediately, and in any event no later than 14 days from the date on which the Consumer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Consumer sends the goods before the expiry of the 14-day period.
10. The consumer bears the direct costs of returning the goods.
11. The consumer is only liable for any reduction in the value of the goods resulting from their use in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
12. If the goods, due to their nature, cannot be returned by standard post, the Consumer will also be responsible for the direct costs of returning the goods. The Seller will inform the Consumer about the estimated amount of these costs in the product description in the Store or when placing the order.
13. If there is a need to refund funds for a transaction made by the customer with a payment card, the seller will refund the funds to the bank account assigned to the Buyer's payment card.

§ 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The right to withdraw from a distance contract does not apply to the Consumer in relation to a contract:
   • Where the subject of the provision is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs.
   • Where the subject of the service is an item that spoils quickly or has a short shelf life.
   • Where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery.
   • Where the subject of the performance are things which, after delivery, due to their nature, are inseparably connected with other things.
   • Where the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery.
   • For the supply of newspapers, periodicals or magazines, with the exception of subscription agreements.
   • In which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract expires.
   • For the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the consumer before the expiry of the withdrawal period and after the entrepreneur has informed the consumer of the loss of the right to withdraw from the contract.

2. The right to withdraw from a distance contract does not apply to any entity other than the Consumer.

§ 9 COMPLAINTS

1. In the event of a defect in the goods, the buyer has the right to make a complaint about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that a guarantee has been granted.
2. When using the warranty, the Buyer may, under the terms and within the time limits specified in the Civil Code:
   • Submit a price reduction declaration.
   • In the case of a significant defect - submit a declaration of withdrawal from the contract.
   • Demand the exchange of the item for one free from defects.
   • Demand removal of the defect.
3. The Seller requests that complaints under the warranty be submitted to the postal or e-mail address indicated in § 2 of the Regulations.
4. If it turns out that in order to consider the complaint it is necessary to deliver the complained goods to the Seller, the Buyer is obliged to deliver these goods, in the case of the Consumer at the Seller's expense, to the address al. Katowicka 7, Wolica 05-830.
5. If the product is covered by an additional warranty, information about it and its terms is available in the product description in the Store.
6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
7. The complaint will be considered by the Seller within 14 days.

OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS

8. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
   • Mediation is conducted by the relevant Provincial Trade Inspectorate, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
   • Assistance from the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
   • Free assistance from the municipal or district consumer ombudsman.
   • The ODR online platform is available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
2. The Buyer's personal data are processed mainly on the basis of the contract and for the purpose of its implementation, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) (GDPR).
3. Detailed information regarding data processing by the Seller is included in the privacy policy posted in the Store.

§ 11 DISCLAIMERS

1. The Buyer is prohibited from providing illegal content.
2. Each order placed in the Store constitutes a separate sales agreement and constitutes acceptance of these terms and conditions. The agreement is concluded for the time and purpose of fulfilling the order.
3. Agreements concluded on the basis of these regulations are concluded in Polish.
4. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the registered office of the Seller.
5. None of the provisions of these regulations exclude or in any way limit the rights of the Consumer arising from legal provisions.

6. The provisions regarding goods apply accordingly to digital content, unless the Regulations specify these issues separately.

Appendix No. 1 to the Regulations

Below is a sample withdrawal form which the Consumer may, but does not have to, use:

WITHDRAWAL FORM SAMPLE

(this form should be completed and returned only if you wish to withdraw from the contract)

LaCava Sp. z o. o., ul. Bednarska 7, 00-310 Warsaw, entered by the District Court for the capital city of Warsaw, XIIth Commercial Division of the National Court Register under the number: 0000838337, NIP: PL5252821302, REGON: 385948433, share capital PLN 100,000.00, fully paid up. Address of the coffee roastery and correspondence address: al. Katowicka 7, Wolica 05-830.

e-mail address: biuro@lacava.pl

- I/We(*) ..................................................................... hereby inform about my/our withdrawal from the contract of sale of the following items(*) / for the provision of the following service(*) / for the supply of digital content in the form of(*):

...................................................................................................................................................................................................................................................................

...................................................................................................................................................................................................................................................................

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– Date of conclusion of the contract (*) / receipt (*) .........................................................................................................................

– Name and surname of the Consumer(s): ...............................................................................................................................

- Address of the Consumer(s): .........................................................................................................................................

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Consumer's Signature

(only if the form is sent in paper version)

Date ............................................

(*) Delete where not applicable.