Terms and Conditions

TERMS AND CONDITIONS

§1 Definitions

Postal address – first and last name or name of the institution, location in a town/city (in the case of a town/city divided into streets: street, building number, apartment or premises number; in the case of a town/city not divided into streets: name of the town/city and property number), postal code, and town/city.
Complaint address:

PEKALLA E. Pękała, Ł. Pękała Spółka Cywilna, Aleja Warszawska 239, 39-400 Tarnobrzeg

Delivery price list – a list of available types of delivery and their costs, available at https://pekalla.com/pages/dostawa-i-platnosci.
Contact details:
PEKALLA E. Pękała, Ł. Pękała Spółka Cywilna, Aleja Warszawska 239, 39-400 Tarnobrzeg

e-mail: kontakt@pekalla.com
phone: 508-984-854, 502-176-090

Delivery – a type of transport service, including the identification of the carrier and cost, listed in the delivery price list available at https://pekalla.com/pages/dostawa-i-platnosci
Proof of purchase – an invoice, bill, or receipt issued in accordance with the Act on Tax on Goods and Services of March 11, 2004, as amended, and other relevant legal provisions.
Product card – a single subpage of the store containing information about a single product.
Customer – an adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to their business or professional activity.
Civil Code – the Civil Code Act of April 23, 1964, as amended.
Code of good practice – a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2(5) of the Act on Combating Unfair Market Practices of August 23, 2007, as amended.
Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to their business or professional activity.
Cart – a list of products compiled from the products offered in the store based on the Buyer's choices.
Buyer – both the Consumer and the Customer.
Place of delivery of the item – the postal address or collection point indicated in the order by the Buyer.
Moment of delivery of the item – the moment when the Buyer or a third party indicated by them for collection takes possession of the item.
Payment – the method of making payment for the subject of the contract and delivery, visible after adding a product to the cart.
Consumer law – the Consumer Rights Act of May 30, 2014.
Product – the minimum and indivisible quantity of an item that can be the subject of an order, which is stated in the Seller's store as a unit of measure when determining its price (price/unit).
Subject of the contract – products and delivery that are the subject of the contract.
Subject of performance – the subject of the contract.
Collection point – a place for the delivery of the item other than a postal address, listed in the summary made available by the Seller in the store.
Item – a movable item that can be or is the subject of a contract.
Store – the online service available at pekalla.com, through which the Buyer may place an order.
Seller:

PEKALLA E. Pękała, Ł. Pękała Spółka Cywilna, Aleja Warszawska 239, 39-400 Tarnobrzeg

Tax ID (NIP): 867-220-62-84, Business ID (REGON): 180516356

registered and visible in the CEIDG register at:
https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=d143d619-ac09-4988-afdc-af7f14f25f05

BANK ACCOUNT:

PLN IDEABANK : 48 1950 0001 2006 7794 1242 0002

USD BANK PKO SA : 84 1240 2744 1787 0010 2967 4975 SWIFT: PKOPPLPW

GBP BANK PKO SA: 68 1240 2744 1789 0010 6217 4043 SWIFT: PKOPPLPW

System – a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for the given type of network, commonly referred to as the Internet.
Execution time – the number of hours or business days stated on the product card.
Contract – a contract concluded outside the business premises or remotely within the meaning of the Consumer Rights Act of May 30, 2014, in the case of Consumers, and a sales contract within the meaning of Article 535 of the Civil Code Act of April 23, 1964, in the case of Buyers.
Defect – both a physical defect and a legal defect.
Physical defect – non-compliance of the sold item with the contract, in particular if the item:
1. does not have properties that an item of this type should have due to the purpose designated in the contract or resulting from the circumstances or intended use;
2. does not have properties about the existence of which the Seller has assured the Consumer;
3. is not suitable for the purpose of which the Consumer informed the Seller upon concluding the contract, and the Seller did not express any reservations as to such intended use;
4. was delivered to the Consumer in an incomplete state;
5. in the event of improper installation and start-up, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
6. does not have a property assured by the manufacturer or its representative or the person who places the item on the market within the scope of their business activity, as well as the person who, by placing their name, trademark, or other distinguishing mark on the sold item, presents themselves as the manufacturer, unless the Seller was unaware of these assurances nor, reasonably judging, could have been aware of them, or they could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
Legal defect – a situation where the sold item is the property of a third party or is encumbered with a right of a third party, and also if a restriction in the use or disposal of the item results from a decision or judgment of a competent authority.
Order – a declaration of intent of the Buyer placed via the store, clearly specifying: the type and quantity of products; type of delivery; type of payment; place of delivery of the item; data of the Buyer, and aiming directly at the conclusion of a contract between the Buyer and the Seller.

§2 General terms and conditions

The contract is concluded in Polish, in accordance with Polish law and these terms and conditions.
The place of delivery of the item must be located in the territory of the Republic of Poland.
The Seller is obliged and undertakes to provide services and deliver items free of defects.
All prices stated by the Seller are expressed in Polish currency (PLN) as well as EUR (euro), USD (dollars), GBP (British pound) and are gross prices (they include VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
All time limits are calculated in accordance with Article 111 of the Civil Code, i.e., a time limit designated in days ends with the passage of the last day, and if the start of a time limit designated in days is a certain event, the day on which this event occurred is not taken into account when calculating the time limit.
The confirmation, making available, preservation, and securing of all essential terms of the contract in order to obtain access to this information in the future is carried out in the form of:
1. order confirmation by sending to the indicated email address: the order, pro forma invoice, information about the right to withdraw from the contract, these terms and conditions in PDF version, a template of the withdrawal form in PDF version, and links to download the terms and conditions and the withdrawal form;
2. attaching to the executed order, sent to the indicated place of delivery of the item, printed copies of: proof of purchase, information about the right to withdraw from the contract, these terms and conditions, and a template of the withdrawal form.
The Seller provides information about guarantees known to them granted by third parties for products available in the store.
The Seller does not charge any fees for communicating with them using means of remote communication, and the Buyer shall bear the costs thereof in the amount resulting from the contract concluded with a third party providing them with a specific service enabling remote communication.
The Seller ensures to the Buyer using the system the proper functioning of the store in the following browsers: IE version 8 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. The use of third-party software affecting the functioning and functionality of Internet Explorer, FireFox, Opera, Chrome, and Safari browsers may affect the correct display of the store; therefore, to obtain the full functionality of the pekalla.com store, they should all be disabled.
The Buyer may use the option of having their data remembered by the store to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password required to access their account. The login and password are a string of characters determined by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The Buyer has the ability to view, correct, update data, and delete their account in the store at any time.
The Seller adheres to the code of good practice.

§3 Conclusion of the contract and execution

Orders can be placed 24 hours a day.
In order to place an order, the Buyer should perform at least the following actions, some of which may be repeated:
1. adding a product to the cart;
2. selecting the type of delivery;
3. selecting the type of payment;
4. selecting the place of delivery of the item;
5. placing the order in the store by using the "I BUY AND PAY" button.
The contract with the Consumer is concluded at the moment the order is placed.
The execution of the Consumer's order paid by cash on delivery occurs immediately, and an order paid by bank transfer or via an electronic payment system occurs after the Consumer's payment is credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to perform the service through no fault of their own and informed the Seller about it.
The contract with the Customer is concluded at the moment the order is accepted by the Seller, of which they inform the Customer within 48 hours of placing the order.
The execution of the Customer's order paid by cash on delivery occurs immediately after the conclusion of the contract, and an order paid by bank transfer or via an electronic payment system occurs after the conclusion of the contract and the Customer's payment is credited to the Seller's account.
The execution of the Customer's order may be dependent on the payment of the whole or part of the order value, or obtaining a trade credit limit of at least the value of the order, or the Seller's consent to ship the order by cash on delivery (paid upon receipt).
The dispatch of the subject of the contract occurs within the period specified on the product card, and for orders composed of multiple products, within the longest period specified on the product cards. The time limit begins to run at the moment of execution of the order.
The purchased subject of the contract is sent, along with the sales document chosen by the Buyer, via the type of delivery chosen by the Buyer to the place of delivery of the item indicated by the Buyer in the order, along with the attached documents referred to in §2 point 6b.

§4 Right to withdraw from the contract

The Consumer has the right, under Article 27 of the Consumer Law, to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in Article 33 and Article 34 of the Consumer Law.
The time limit for withdrawing from a distance contract is 14 days from the moment of delivery of the item, and sending a statement before the deadline is sufficient to meet the deadline.
The Consumer may submit a statement of withdrawal from the contract using the form that constitutes Annex 2 to the Consumer Law, the form available at https://pekalla.com/zwroty-i-reklamacje/, or in another form compliant with the Consumer Law.
The Seller will immediately confirm to the Consumer by email (provided upon concluding the contract or another one if provided in the submitted statement) the receipt of the statement of withdrawal from the contract.
In the case of withdrawal from the contract, the contract is considered as not concluded.
The Consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day they withdrew from the contract. Sending the item back before the deadline is sufficient to meet the deadline.
The Consumer sends back the items that are the subject of the contract from which they withdrew at their own expense and risk.
The Consumer does not bear the costs of delivering digital content that is not recorded on a material medium if they did not consent to the performance before the expiry of the deadline for withdrawal from the contract or were not informed about the loss of their right to withdraw from the contract at the time of giving such consent, or the entrepreneur did not provide confirmation in accordance with Article 15(1) and Article 21(1) of the Consumer Law.
The Consumer is liable for a decrease in the value of the item being the subject of the contract resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the item.
The Seller shall, immediately and no later than 14 days from the date of receipt of the statement on withdrawal from the agreement submitted by the Consumer, refund to the Consumer all payments made by them, including the costs of delivery of goods; if the Consumer chose a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not refund the additional costs to the Consumer in accordance with Article 33 of the Consumer Rights Act.
The Seller shall make the refund using the same method of payment as that used by the Consumer, unless the Consumer has expressly agreed to a different method of payment which does not involve any costs for them.
The Seller may withhold the refund of the payment received from the Consumer until the receipt of the goods back or the provision of proof of their return by the Consumer, whichever occurs first.
In accordance with Article 38 of the Consumer Rights Act, the Consumer is not entitled to withdraw from an agreement:
1. where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline for withdrawal from the agreement;
2. where the subject of the performance is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individualized needs;
3. where the subject of the performance is an item that spoils quickly or has a short shelf life;
4. where the subject of the performance is an item supplied in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery;
5. where the subject of the performance is items which, after delivery, by their nature, become inseparably connected with other items;
6. where the subject of the performance is sound or visual recordings or computer software supplied in a sealed package, if the package has been opened after delivery;
7. for the supply of digital content not stored on a tangible medium, if the performance began with the Consumer’s express consent before the deadline for withdrawal from the agreement and after the entrepreneur informed them about the loss of the right to withdraw from the agreement;
8. for the supply of newspapers, periodicals or magazines, except for subscription agreements.

§5 Warranty

Based on Article 558 §1 of the Civil Code, the Seller completely excludes liability towards Customers for physical and legal defects (warranty).
The Seller is liable to the Consumer on the principles set out in Article 556 of the Civil Code and subsequent articles for defects (warranty).
In the case of an agreement with a Consumer, if a physical defect is detected within one year from the moment of delivery of the item, it is assumed that it existed at the time of the transfer of risk to the Consumer.
If the sold item has a defect, the Consumer may:
1. submit a declaration requesting a price reduction;
2. submit a declaration of withdrawal from the agreement;

unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller, or the Seller has failed to fulfill the obligation to replace the item with a defect-free one or remove the defect, the Seller is not entitled to replace the item or remove the defect.

Instead of the removal of the defect proposed by the Seller, the Consumer may demand the replacement of the item with a defect-free one, or instead of the replacement of the item, they may demand the removal of the defect, unless bringing the item into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller; in assessing excessive costs, the value of the defect-free item, the type and significance of the detected defect are taken into account, and the inconveniences to which the Consumer would be exposed by another method of satisfaction are also considered.
The Consumer may not withdraw from the agreement if the defect is immaterial.
If the sold item has a defect, the Consumer may also:
1. demand the replacement of the item with a defect-free one;
2. demand the removal of the defect.
The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Consumer.
The Seller may refuse to satisfy the Consumer’s request if bringing the defective item into conformity with the agreement in the manner chosen by the buyer is impossible or would require excessive costs compared to the other possible way of bringing it into conformity with the agreement.
In the event that the defective item has been installed, the Consumer may demand that the Seller dismantle and re-install it after the replacement with a defect-free one or the removal of the defect; however, the Consumer is obliged to bear part of the associated costs exceeding the price of the sold item, or they may demand that the Seller pay part of the costs of dismantling and re-installation, up to the amount of the price of the sold item. In the event of the Seller’s failure to perform the obligation, the Consumer is authorized to perform these actions at the Seller’s expense and risk.
The Consumer exercising rights under the warranty is obliged, at the Seller’s expense, to deliver the defective item to the complaints address, and if, due to the type of item or the way it is installed, delivery by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of the Seller’s failure to perform the obligation, the Consumer is authorized to return the item at the Seller’s expense and risk.
The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.
The Seller is obliged to accept the defective item from the Consumer in the event of replacing the item with a defect-free one or withdrawing from the agreement.
The Seller shall respond within fourteen days to:
1. a declaration requesting a price reduction;
2. a declaration of withdrawal from the agreement;
3. a request for replacement of the item with a defect-free one;
4. a request for removal of the defect.

Otherwise, it is considered that the Consumer’s declaration or request has been accepted as justified.

The Seller is liable under the warranty if a physical defect is detected before the lapse of two years from the moment of delivery of the item to the Consumer, and if the subject of the sale is a used item, before the lapse of one year from the moment of delivery of the item to the Consumer.
The Consumer’s claim for the removal of the defect or the replacement of the sold item with a defect-free one is statute-barred after one year from the date of detection of the defect, but not earlier than after the lapse of two years from the moment of delivery of the item to the Consumer; if the subject of the sale is a used item, this applies before the lapse of one year from the moment of delivery of the item to the Consumer.
In the case where the shelf life of the item specified by the Seller or the manufacturer expires after more than two years from the moment of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item detected before the lapse of that period.
Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the agreement or a price reduction due to a physical defect of the sold item; if the Consumer has requested the replacement of the item with a defect-free one or the removal of the defect, the deadline for submitting a declaration of withdrawal from the agreement or a price reduction begins to run from the moment of the ineffective expiry of the deadline for replacing the item or removing the defect.
In the event of asserting one of the rights under the warranty before a court or an arbitration court, the deadline for exercising other rights to which the Consumer is entitled on this basis is suspended until the proceedings are finally concluded. This applies mutatis mutandis to mediation proceedings, with the deadline for exercising other rights under the warranty to which the Consumer is entitled beginning to run from the date of the court’s refusal to approve a settlement reached before a mediator or the ineffective conclusion of mediation.
For the exercise of rights under the warranty for legal defects of the sold item, §5 points 15-16 apply, with the exception that the time limit begins to run from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of a third-party claim – from the day on which the judgment issued in the dispute with the third party became final.
If, due to a defect in the item, the Consumer has submitted a declaration of withdrawal from the agreement or a price reduction, they may demand compensation for the damage incurred as a result of entering into the agreement without knowing about the existence of the defect, even if the damage resulted from circumstances for which the Seller is not liable; in particular, they may demand reimbursement of the costs of concluding the agreement, costs of collection, transport, storage and insurance of the item, reimbursement of expenses incurred to the extent that they did not benefit from them and did not receive their reimbursement from a third party, and reimbursement of court costs. This does not prejudice the provisions on the obligation to repair damage on general principles.
The lapse of any time limit for detecting a defect does not exclude the exercise of rights under the warranty if the Seller fraudulently concealed the defect.
The Seller, to the extent that they are obliged to perform or provide a financial performance to the Consumer, shall execute it without undue delay, no later than the time limit provided for by law.

§6 Privacy Policy and personal data security

The administrator of personal data databases provided by the shop’s Consumers is the Seller.
The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997, and the Act on Providing Services by Electronic Means of July 18, 2002. By providing their personal data to the Seller when placing an order, the Buyer consents to their processing by the Seller for the purpose of executing the placed order. The Buyer has the right to access, correct, update and delete their personal data at any time.
Detailed rules for the collection, processing and storage of personal data used for the purpose of executing orders by the shop are described in the Privacy Policy, which can be found at: https://pekalla.com/polityka-prywatnosci/

§7 Final provisions

None of the provisions of these Terms and Conditions is intended to infringe the rights of the Buyer. Nor can it be interpreted as such, as in the event of any part of the Terms and Conditions being inconsistent with applicable law, the Seller declares absolute subordination and application of that law in place of the challenged provision of the Terms and Conditions.
Registered Buyers will be notified of changes to the Terms and Conditions and their scope electronically (to the email address provided during registration or ordering). The notification will be sent at least 30 days before the new Terms and Conditions enter into force. Changes will be introduced in order to adapt the Terms and Conditions to the current legal status.
The current version of the Terms and Conditions is always available to the Buyer in the Terms and Conditions tab. During the execution of an order and throughout the entire post-sales care period, the Buyer is bound by the Terms and Conditions accepted at the time of placing the order. Except in situations where the Consumer considers it less favorable than the current one and informs the Seller of their choice to apply the current one.
In matters not regulated by these Terms and Conditions, the relevant applicable legal provisions apply. Disputes, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or court proceedings before an arbitration court at the Provincial Inspectorate of Trade Inspection or by equivalent and lawful methods of out-of-court or extra-judicial dispute resolution indicated by the Consumer. Ultimately, the case is decided by the court of local and subject-matter jurisdiction.