Terms & conditions

Table of contents:
§ 1 Definitions
§ 2 General provisions
§ 3 Customer account
§ 4 Orders
§ 5 Payment and price
§ 6 Delivery
§ 7 Withdrawal from the contract
§ 8 Warranty for defects
§ 9 Personal Data Protection
§ 10 Provision of electronic services
§ 11 Final provisions

§ 1 Definitions

Terms used in the Terms & Conditions shall have the following meanings:

1. Store / Online Store– an online store operated by the Seller available at http://trawialnia.eu/en/shop/,
2. Seller – TRAWIALNIA.EU Sp. z o.o., ul. Zagórska 167A, 42-600 Tarnowskie Góry, entered into the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register under number KRS: 0000190208, NIP: 6452322432, REGON: 015607845, BDO 000015502, e-mail address: biuro@trawialnia.eu,
3. Customer – a natural person, legal person, or an organizational unit without legal personality that is granted legal capacity under the law, purchasing Products via the Online Store for purposes related to their business or professional activity,
4. Customer's Employee – a natural person authorized to represent the Customer and act on the Customer's behalf, having access to the Customer's Account,
5. Registration – a one-time action carried out by the Customer via the Online Store by completing the registration form to create a Customer Account,
6. Password – a string of characters (letters, numbers, and/or other) chosen by the Customer during Registration on the Online Store, allowing access to the Customer's Account and securing it,
7. Customer Account – an individual panel created after Registration, allowing the Customer to make purchases via the Online Store and access information about the order history,
8. Working days – days of the week from Monday to Friday, excluding public holidays as specified in the Act of 18 January 1951 on public holidays,
9. Terms & conditions – this document, specifying the rights and obligations of the Seller and the Customer and the terms of placing orders and making purchases in the Online Store,
10. Shopping cart – a service provided by the Seller in the Online Store allowing the Customer to manage Products added for the Order, view the order's current value, and make changes before placing the Order,
11. Order – a Customer's declaration of will made via the Online Store, containing all information necessary to conclude a sales contract,
12. Product – a tangible good offered by the Seller for sale to Customers through the Online Store,
13. Sales Agreement – a sales contract as defined by the Civil Code, concluded between the Seller and the Customer, under terms specified in the Terms & Conditions,
14. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

§ 2 General provisions

1. The Online Store available at http://trawialnia.eu/en/shop/ is operated by TRAWIALNIA.EU Sp. z o.o., ul. Zagórska 167A, 42-600 Tarnowskie Góry, entered into the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register under number KRS: 0000190208, NIP: 6452322432, REGON: 015607845, BDO 000015502, e-mail address: biuro@trawialnia.eu.
2. The Terms & Conditions set forth the rights and obligations of Customers and the Seller.
3. The Terms & Conditions are written in Polish and constitute a contract template under the Civil Code of April 23, 1964.
4. Prior to placing an Order, the Customer has the right to negotiate the terms of the contract with the Seller. Should the Customer not wish to negotiate, this Terms & Conditions shall constitute the binding terms of the concluded contract.
5. The Terms & Conditions may be accessed at any time at http://trawialnia.eu/en/regulamin/ and may be saved in any format on a chosen data carrier.
6. The Terms & Conditions constitute an integral part of every sales contract concluded with the Seller, including contracts concluded via Order placed by phone or email.
7. The Online Store is intended exclusively for entities conducting business activities; customers cannot be entities that do not conduct business.
8. The Online Store may not be used by the Customer for transactions unrelated to their business activity or transactions lacking a professional character.
9. Given the above, customers of the Online Store are not subject to the consumer protection regulations, and under any contract concluded via the Online Store, the Customer shall be treated as an entrepreneur without the rights of consumers or entrepreneurs with consumer rights.

§ 3 Customer account

1. To create a Customer Account, the Customer must register via the registration form and submit the required data specified as mandatory.
2. The Customer must provide true data, in particular data that matches their business registration.
3. The password is unique to each Customer and can consist of letters, digits, and/or special characters. The Customer can change their password at any time.
4. The username is the email address provided at registration.
5. Creating a Customer Account is free of charge.
6. The Customer Account may be created only by a person authorized to represent the Customer or by a person who has proper authorization to do so and to submit subsequent Orders on behalf of the Customer.
7. Persons acting on behalf of a legal person or an organizational unit without legal personality must declare that they are authorized to act on behalf of that entity.
8. Registration requires acceptance of these Terms & Conditions.
9. The Seller verifies registration data against public registers. For foreign customers, the Seller may request registration certificates. Refusal to submit required data or providing false data entitles the Seller to refuse activation of the Account.
10. Upon successful registration and verification, the Seller will send a confirmation to the Customer's email address.

§ 4 Orders

1. Information about Products displayed in the Online Store does not constitute an offer within the meaning of the Civil Code but is an invitation to conclude a sales contract.
2. Placing an order constitutes an offer within the meaning of the Civil Code, submitted by the Customer to the Seller.
3. The Customer may place an order after prior registration via the Customer Account. Placing an order for some Products requires prior completion of the Customer’s declaration available at: http://trawialnia.eu/en/deklaracja-klienta/. Information about the need to complete the Customer's declaration is provided on the Product page.
4. To place an order, the Customer must add the desired Product to the “Shopping Cart.” Adding a Product to the “Shopping Cart” is not equivalent to placing the order. Products can be freely added or removed from the “Shopping Cart.”
5. Once the Customer has finalized the Products in the “Shopping Cart,” they are redirected to the order form and then to the order summary. The order is placed when the Customer presses the “Confirm order and pay” button.
6. Clicking the “Confirm order and pay” button signifies that the Customer places the order with the obligation to pay.
7. The total value of the order, including the price of the Product but excluding delivery costs, is displayed on the Online Store's website at each stage of the ordering process and before confirming the order.
8. After placing the Order, the Customer will receive an email to the address associated with the Customer Account with the subject “Order Confirmation.” This message confirms the Seller's receipt of the Order but does not yet constitute acceptance of the Customer's offer or conclusion of the sales contract.
9. Then the Seller will send the Customer an email with the subject “Confirmation of order acceptance,” containing information about accepting the Order, shipping cost, shipping date, and starting its processing. This email signifies acceptance of the Customer's offer and concludes the sales contract. If the Seller cannot accept the offer in whole or in part, they will inform the Customer via email and cancel the Order fully or partially. In the part that is canceled, the sales contract is not concluded.

§ 5 Payment and price

1. The Customer can pay for the ordered Products as follows:
   1. cash or payment card (cash on delivery),
   2. by bank transfer to the Seller's bank account,
   3. for digital Products: online payment, BLIK, or payment card via the Payment Operator.
2. Electronic payments are handled by a Payment Operator. Making a payment via the Payment Operator requires entering into a separate legal relationship with the Payment Operator and accepting its terms and conditions.
3. Prices displayed on the Online Store's website are net prices and do not include VAT.

§ 6 Delivery and Order Processing

1. Delivery time for digital Products is counted from the moment of receiving positive authorization of the payment.
2. For digital Products, the Seller shall send the Product or a download link to the email address indicated in the Order no later than 2 working days from the date of concluding the sales contract for delivering digital content.
3. Once the Customer receives the email containing the Product or link, it is recommended to save the digital Product on a data carrier. The Store does not offer data hosting; therefore, the Customer bears the risk of not saving the Product. The Customer may use the digital Product only for personal use per applicable law. The Customer is not entitled to distribute the digital Product or reproduce it other than for personal use unless explicitly permitted by law. It is prohibited to share the digital Product with third parties.
4. Physical Products will be delivered to the address specified by the Customer in the order or can be picked up in person at the Seller's premises.
5. Delivery costs, in addition to the price of the Product, will be displayed with the order confirmation.
6. From the moment of handing over the physical Product to the carrier or freight forwarder, the benefits, burdens, and risk of accidental loss or damage pass to the Customer.
7. The Customer is obliged to check the condition of the physical Product upon delivery in the presence of the carrier's representative. If any damage is noted, the Customer must draw up an appropriate report.
8. If the Seller cannot fulfill the order due to the ordered physical Product being unavailable, they may withdraw from the contract within 30 days of concluding the sales contract.

§ 8 Warranty for defects

1. The Seller is liable to Customers for physical or legal defects of sold Products under the terms specified in Articles 556 et seq. of the Civil Code.
2. Complaints may be submitted by email or in writing to the Seller's address.
3. The Customer may use the complaint form provided on the Online Store's website, though it is not mandatory.
4. W przypadku składania reklamacji bez wykorzystania wzoru formularza reklamacji należy w zgłoszeniu reklamacyjnym podać co najmniej następujące dane:
   1. first and last name, address for correspondence and contact details,
   2. information on the date and confirmation of concluding the contract,
   3. information about the complaint, especially the type and date of the defect,
   4. request regarding how the complaint should be handled.
5. The Seller will respond to the Customer's complaint without delay.

§ 9 Personal Data Protection

Detailed information on personal data processing is available in the Privacy Policy at http://trawialnia.eu/en/polityka-prywatnosci/ , which is an integral part of these Terms & Conditions.

§ 10 Provision of electronic services

1. The Seller provides the following electronic services via the Online Store:
   1. creation and management of Customer Accounts,
   2. enabling the placement of Orders and conclusion of Sales Agreements,
   3. allowing the use of the Shopping Cart,
   4. providing data and materials published on the Online Store, especially Product information.
2. Technical requirements for cooperating with the IT system used to provide electronic services:
   1. PC, Mac, or other device enabling the use of the Store,
   2. internet access,
   3. email account,
   4. appropriate internet browser software.
3. It is prohibited for Customers to provide illegal content.
4. An electronic services contract is concluded upon creating a Customer Account or using any Online Store service.
5. The contract for electronic services concerning the Customer Account is concluded for an indefinite period. Other electronic services agreements are concluded for an indefinite period and terminate upon ceasing the use of these services.
6. The Customer may terminate the electronic services contract at any time without stating a reason by sending a notice to the Seller by email or in writing.
7. The Customer cannot lodge a complaint concerning the Seller's electronic services.
8. In case of breach of these Terms & Conditions by the Customer or Customer's Employee, depending on the scope, scale, and circumstances, the Seller may:
   1. issue a warning by email,
   2. restrict access to the Customer Account temporarily,
   3. terminate the electronic services contract with immediate effect and delete the Customer Account.

§ 11 Final provisions

1. Customers may access these Terms and Conditions at any time via the link provided on the Online Store's website. The Terms and Conditions can be saved, retrieved, and reproduced by printing or saving them on a suitable data carrier.
2. If any provision of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable under applicable law, that provision shall be excluded to the extent of its invalidity. The remaining provisions shall remain in full force and effect.
3. The Seller may amend the Terms and Conditions after notifying Customers in advance by publishing the consolidated version of the Terms and Conditions on the Online Store's website. Any amendments or the new version of the Terms and Conditions shall come into force 14 days after the new content is posted on the Online Store's website.
4. Orders placed under the previous version of the Terms and Conditions shall be fulfilled according to the provisions of that version.
5. All graphic elements of the Online Store, its technical solutions, content, layout, as well as its software, databases, and other materials published on the Online Store, are the intellectual property of the Seller and are protected under the provisions of the Copyright and Related Rights Act of February 4, 1994.
6. To use the Online Store, the Seller grants Customers a non-exclusive, non-transferable, non-assignable license for the duration of their use of the Online Store. Under this license, the Customer is only entitled to temporarily reproduce the Online Store by displaying it in a web browser and saving temporary files as required to access its functionalities in accordance with these Terms and Conditions.
7. These Terms and Conditions shall be governed by Polish law and are subject to the jurisdiction of Polish courts.
8. Any disputes arising between the Seller and the Customer shall be resolved by the competent common court at the location of the Seller's registered office.