§ 1
GENERAL PROVISIONS
- The clickforblinds.com store operates based on the rules set out in these Terms and Conditions.
- The Terms and Conditions define the conditions for concluding and terminating Product Sales Agreements, the complaint procedure, as well as the types and scope of services provided electronically by the clickforblinds.com store, the rules for providing these services, and the conditions for concluding and terminating contracts for electronic services.
- Each Service User, upon commencing actions aimed at using the Electronic Services of the clickforblinds.com store, is obliged to comply with the provisions of these Terms and Conditions.
- In matters not regulated by these Terms and Conditions, the following provisions shall apply:
- The Act on the Provision of Electronic Services of July 18, 2002,
- The Consumer Rights Act of May 30, 2014,
- The Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016,
- The Civil Code of April 23, 1964, and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS
- CONTACT FORM - a form available on the clickforblinds.com website that allows sending messages to the Service Provider.
- REGISTRATION FORM – a form available on the clickforblinds.com website that allows creating an Account.
- ORDER FORM – a form available on the clickforblinds.com website that allows placing an Order.
- CLIENT – a Service Recipient who intends to or has concluded a Sales Agreement with the Seller.
- CONSUMER – a natural person who undertakes a legal action with an entrepreneur not directly related to their business or professional activity.
- ACCOUNT – a set of resources in the Service Provider's IT system, marked with an individual name (login) and password, where the Service Recipient’s data, including information about Orders, are collected.
- NEWSLETTER - an Electronic Service that allows the Service Recipient to subscribe to and receive free information from the Service Provider via email, regarding the Store and the Products available in it.
- PRODUCT – a movable item or service available in the Store, which is the subject of a Sales Agreement between the Client and the Seller.
- TERMS AND CONDITIONS - these Terms and Conditions of the Store.
- STORE - the Service Provider's online store operating under the address clickforblinds.com
- SELLER, SERVICE PROVIDER – , conducting business under the name , registered in the Central Register and Information on Economic Activity of the Republic of Poland, maintained by the minister responsible for the economy, with the place of business and mailing address: email address: office@clickforblinds.com, phone number: +48 881 333 799
- REVIEW SYSTEM - an Electronic Service provided to Clients by the Service Provider, enabling them to post reviews of Products along with photos.
- BLOG – an Electronic Service provided to Clients by the Service Provider, allowing the exchange of opinions and views regarding Products and the Seller among Service Recipients.
- SATISFACTION SURVEYS - an Electronic Service provided to Clients by the Service Provider, enabling them to evaluate Products.
- SALES AGREEMENT – a Sales Agreement of a Product concluded between the Client and the Seller via the Store.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Store.
- SERVICE RECIPIENT – a natural person, legal person, or organizational unit without legal personality, which the law grants legal capacity, using the Electronic Service.
- ORDER - a Client's declaration of intent constituting an offer to conclude a Sales Agreement for a Product with the Seller.
§ 3
INFORMATION REGARDING PRODUCTS AND ORDERING
- The clickforblinds.com store sells Products via the Internet.
- The Products offered in the Store are new, free from physical and legal defects, and have been legally introduced to the Polish market.
- The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Client makes an offer to purchase a specified Product under the conditions described in its listing.
- The Product price displayed on the Store’s website is shown in Polish zloty (PLN) and includes all components, including VAT. The price does not include delivery costs.
- The Product price displayed on the Store’s website is binding at the time the Client places an Order. This price will not change regardless of any price changes in the Store that may occur for individual Products after the Client has placed the Order.
- Orders can be placed:
- via the website using the Order Form (clickforblinds.com Store) – 24 hours a day, all year round,
- via email at the address: office@clickforblinds.com
- To place an Order, the Client is required to register an Account in the Store.
- A condition for placing an Order in the Store is that the Client must read and accept the Terms and Conditions at the time of placing the Order.
- The Store processes Orders placed from Monday to Friday during the Store's working hours, i.e., from 8:00 AM to 4:00 PM on business days. Orders placed on business days after 4:00 PM, on Saturdays, Sundays, and holidays will be processed on the next business day.
- Promotional (sale) Products have a limited number of units, and Orders for these will be fulfilled in the order they are received, until the stock of the given Product is exhausted.
§ 4
CONCLUDING A SALES AGREEMENT
- To conclude a Sales Agreement, the Client must first place an Order using the methods provided by the Seller, in accordance with § 3 points 6 and 8 of the Terms and Conditions.
- After the Order is placed, the Seller immediately confirms its receipt.
- The confirmation of the Order, as referred to in point 2 of this section, binds the Client to their Order. The confirmation of receipt of the Order is sent via email.
- The confirmation of receipt of the Order includes:
- confirmation of all key elements of the Order,
- a withdrawal form,
- these Terms and Conditions, including instructions on the right to withdraw from the agreement.
- Upon receiving the email referred to in point 4 of this section, a Sales Agreement is concluded between the Client and the Seller.
- Each Sales Agreement will be confirmed with a proof of purchase (VAT invoice), which will be attached to the Product and/or sent electronically to the Client's email address provided in the Order Form.
§ 5
PAYMENT METHODS
- The Seller offers the following payment methods:
- payment by traditional bank transfer to the Seller's bank account,
- payment via electronic payment system (eCard/Przelewy24). Available payment methods: payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
- PayPal,
- iDEAL
- In the case of traditional bank transfer payments after finishing order customer will receive bank account number to make payment. The transfer title should include "Order No. …"
- In the case of payment via electronic payment system, the Client makes the payment before the Order is processed. The electronic payment system allows payment via credit card or quick transfer from selected banks.
- The Client is required to make the payment for the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement states otherwise.
- The order processing time starts from the moment the payment is successfully authorized.
§ 6
COST, DELIVERY TIME, AND METHODS OF DELIVERY OF THE PRODUCT
- The delivery costs of the Product, which are covered by the Client, are determined during the Order placement process and depend on the chosen payment method and delivery method for the purchased Product.
- The delivery time for the Product consists of the time to prepare the Product and the time for the Product’s delivery by the carrier:
- the production time for Products is from 7 to 10 business days (in exceptional cases, such as material shortages, the production time may be extended) from the moment of:
a) receipt of funds transferred under the Sales Agreement into the Seller's account or
b) positive authorization of the transaction by the electronic payment system or
- the delivery of Products, which are movable goods, by the carrier occurs within the time declared by the carrier, i.e., up to 2 business days from the moment the shipment is dispatched (delivery occurs only on business days, excluding Saturdays, Sundays, and holidays).
- Purchased Products in the Store are shipped via Polish Post or a courier company.
- The Client may collect purchased Products from the Store personally after prior email or phone contact.
- In exceptional cases, the Order may be delivered via the Seller’s own shipping service.
§ 7
PRODUCT COMPLAINTS
- Warranty Complaints.
- All Products offered in the Store come with a warranty valid within the territory of the Republic of Poland,
- the warranty period for Products is 24 months, starting from the day the Product is delivered to the Client,
- the document entitling the Client to warranty protection is the warranty card or proof of purchase,
- the warranty does not exclude the Consumer's rights, as well as the rights of entities referred to in § 10 of the Regulations, arising from the statutory warranty for physical and legal defects of the Product, as specified in the Civil Code.
- Statutory Warranty Complaints.
- The basis and scope of the Seller's liability to the Client, who is a Consumer or an entity referred to in § 10 of the Regulations, for physical and legal defects are determined by the provisions of the Civil Code of April 23, 1964,
- notifications of defects related to the Product and submitting the appropriate request can be made via email to: office@clickforblinds.com or in writing to the address:
- in the written or electronic notification, as much information and circumstances regarding the subject of the complaint should be provided as possible, especially the type and date of occurrence of the defect, along with contact details. Providing this information will significantly facilitate and expedite the complaint process for the Seller,
- to assess physical defects of the Product, it should be delivered to the address:
- The Seller will respond to the Client's request promptly, no later than 14 days from the date of the complaint,
- in the case of a complaint from a Client who is a Consumer or an entity referred to in § 10 of the Regulations, failure to respond to the complaint within 14 days from its submission is equivalent to its acceptance. In the event of a justified complaint from a Client who is a Consumer or an entity referred to in § 10 of the Regulations, the Seller covers the costs of collecting, delivering, and replacing the defective Product with one free from defects,
- the response to the complaint will be provided in writing or on another durable medium, such as an email or SMS.
§ 8
RIGHT TO WITHDRAW FROM THE CONTRACT
- Subject to clause 10 of this section, a Client who is also a Consumer or an entity referred to in § 10 of the Regulations, who has entered into a distance contract, may withdraw from it without giving reasons by submitting an appropriate statement within 14 days. Sending the withdrawal statement provided by the Store within the time limit is sufficient to meet the deadline.
- In the event of withdrawal from the contract, the Sales Agreement is considered null and void, and the Consumer or the entity referred to in § 10 of the Regulations is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller without delay, but no later than 14 days from the day of withdrawal from the contract, unless the Seller has offered to collect the Product themselves. Sending the Product back before the deadline is sufficient to meet the deadline.
- In the case of withdrawal from the Sales Agreement, the Product must be returned to the address:
- The Consumer or the entity referred to in § 10 of the Regulations is responsible for any reduction in the value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics, and functioning of the Product. To determine the nature, characteristics, and functioning of the Products, the Consumer or the entity referred to in § 10 of the Regulations should handle and inspect them only in the same way they would in a physical store.
- Subject to clauses 6 and 8 of this section, the Seller will refund the value of the Product along with the delivery costs using the same payment method used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Regulations expressly agrees to a different method of refund that does not involve any costs for them. Subject to clause 7 of this section, the refund will be made promptly, but no later than 14 days from the moment the Seller receives the withdrawal statement from the Sales Agreement.
- If the Consumer or the entity referred to in § 10 of the Regulations has chosen a delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by them.
- If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Regulations themselves, the Seller may withhold the refund of payments received from the Consumer until the Product is received back or until the Consumer or the entity referred to in § 10 of the Regulations provides proof of its return, whichever occurs first.
- The Consumer or the entity referred to in § 10 of the Regulations who withdraws from the Sales Agreement in accordance with clause 1 of this section, is responsible for the cost of returning the Product to the Seller.
- The 14-day period within which the Consumer or the entity referred to in § 10 of the Regulations may withdraw from the contract is counted from the day the Consumer or the entity referred to in § 10 of the Regulations takes possession of the Product, and in the case of a service, from the day the contract is concluded.
- The right to withdraw from a distance contract does not apply to the Consumer or the entity referred to in § 10 of the Regulations in the case of a Sales Agreement:
- where the subject of the service is an item delivered 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,
- where the subject of the service is a non-prefabricated item, produced according to the Consumer's specifications or serving to meet their individualized needs (e.g., a custom-made Product),
- where the subject of the service is an item that, after delivery, due to its nature, is inseparably connected with other items,
- where the subject of the service is a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, they would lose the right to withdraw from the contract,
- where the subject of the service is an item subject to rapid deterioration or with a short shelf life.
- The right to withdraw from the Sales Agreement applies to both the Seller and the Client in the event that the other party fails to fulfill their contractual obligation within a strictly defined time.
- In the event that it becomes necessary to refund the amount paid by the Client for a transaction made using a payment card, the Seller will make the refund to the bank account assigned to the Client's payment card.
§ 9
PROVISIONS CONCERNING ENTREPRENEURS (B2B)
- This section contains provisions that apply exclusively to entrepreneurs not covered by the protection granted under the Consumer Rights Act referred to in § 10 of the Regulations.
- The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a Consumer within 14 business days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving reasons and does not entitle the Client who is not a Consumer to make any claims against the Seller.
- The Seller has the right to limit the payment methods available to Clients who are not Consumers, including the requirement for prepayment of part or all of the sale price, regardless of the payment method chosen by the Client or the fact of concluding the Sales Agreement.
- The benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Client who is not a Consumer upon the Seller handing over the Product to the carrier. In such cases, the Seller is not liable for the loss, reduction, or damage to the Product occurring from the moment the Product is accepted for transport until it is delivered to the Client, nor for any delay in the delivery of the shipment.
- If the Product is sent to the Client via a carrier, the Client who is not a Consumer is obliged to inspect the shipment in a manner and within a time customary for such shipments. If it is found that the Product has been lost or damaged during transport, the Client is obliged to take all necessary steps to establish the carrier's liability.
- The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a statement of termination to the Service Recipient who is not a Consumer.
§ 10
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
- An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided under the Consumer Rights Act, provided that the Sales Agreement concluded with the Seller is not of a professional nature.
- The individual conducting business as described in point 1 of this paragraph is protected only in the following areas:
- unlawful contractual provisions — so-called abusive clauses,
- liability under the warranty for physical and legal defects of the Product, in accordance with § 7 of the Regulations,
- the right to withdraw from a distance agreement, in accordance with § 8 of the Regulations.
- The entrepreneur referred to in point 1 of this paragraph loses consumer protection rights if the Sales Agreement concluded with the Seller is of a professional nature, which is verified based on the entrepreneur’s entry in the Central Registration and Information on Business (CEIDG) of the Republic of Poland, particularly based on the Polish Classification of Activities (PKD) codes listed therein.
- Entrepreneurs referred to in point 1 of this paragraph are not entitled to institutional protection granted to consumers by local consumer ombudsmen or the President of the Office of Competition and Consumer Protection (UOKiK).
§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables the use of Electronic Services through the Store, such as:
- concluding Sales Agreements for Products,
- managing an Account in the Store,
- the Review System,
- the Newsletter,
- the Blog,
- Satisfaction Surveys,
- sending messages via the Contact Form.
- The provision of Electronic Services to Users in the Store takes place under the terms specified in the Regulations.
- The Service Provider is entitled to post advertising content on the Store's website. These contents form an integral part of the Store and the materials presented within it.
§ 12
CONDITIONS FOR PROVIDING AND CONCLUDING ELECTRONIC SERVICE AGREEMENTS
- The provision of Electronic Services specified in § 11 point 1 of the Regulations by the Service Provider is free of charge.
- The duration for which the agreement is concluded:
- the agreement for providing the Electronic Service that allows for placing an Order in the Store is concluded for a fixed period and is terminated when the Order is placed or when the User stops placing it,
- the agreement for providing the Electronic Service of managing an Account in the Store is concluded for an indefinite period. The agreement is concluded when the User submits the completed Registration Form,
- the agreement for providing the Electronic Service of using the Review System is concluded for a fixed period and is terminated when the review is posted or when the User stops using the Service,
- the agreement for providing the Electronic Service of using the Newsletter is concluded for an indefinite period,
- the agreement for providing the Electronic Service of using the Blog is concluded for a fixed period and is terminated when a comment is posted or when the User stops using the Service,
- the agreement for providing the Electronic Service of using Satisfaction Surveys is concluded for a fixed period and is terminated when an opinion is posted or when the User stops using the Service,
- the agreement for providing the Electronic Service of sending a message to the Service Provider via the Contact Form is concluded for a fixed period and is terminated when the message is sent or when the User stops sending it.
- Technical requirements necessary to work with the IT system used by the Service Provider:
- a computer (or mobile device) with Internet access,
- access to email,
- an internet browser,
- cookies and Javascript enabled in the browser.
- The User is obliged to use the Store in a lawful and proper manner, respecting the personal rights and intellectual property rights of third parties.
- The User is required to provide accurate information.
- The User is prohibited from submitting content of an unlawful nature.
§ 13
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
- Complaints related to the provision of Electronic Services via the Store may be submitted by the User via email to: office@clickforblinds.com
- The email should contain as much information and circumstances as possible regarding the subject of the complaint, particularly the type and date of the irregularity and contact details. This information will greatly facilitate and expedite the complaint resolution process by the Service Provider.
- The Service Provider will respond to the complaint immediately, no later than within 14 days from the date of submission.
- The Service Provider's response to the complaint will be sent to the User's email address provided in the complaint or in another manner indicated by the User.
§ 14
CONDITIONS FOR TERMINATING ELECTRONIC SERVICE AGREEMENTS
- Termination of the agreement for providing Electronic Services:
- an agreement for providing continuous and indefinite Electronic Services (managing an Account, Newsletter) may be terminated,
- the User may terminate the agreement with immediate effect and without giving reasons by sending an appropriate statement via email to: office@clickforblinds.com
- the Service Provider may terminate the agreement for providing continuous and indefinite Electronic Services if the User violates the Regulations, particularly if they provide unlawful content, after prior ineffective request to cease the violations with an appropriate deadline. The agreement will expire 7 days after the statement of termination is made (notice period),
- termination leads to the legal relationship ending for the future.
- The Service Provider and the User may terminate the agreement for providing Electronic Services at any time by mutual agreement.
§ 15
INTELLECTUAL PROPERTY
- All content published on the website at the address clickforblinds.com is protected by copyright law and (subject to § 15 point 3 and elements posted by Users, used under license, transfer of economic copyrights, or permitted use) is the property of , conducting business under the company name , registered in the Central Register and Information on Economic Activity of the Republic of Poland, maintained by the minister responsible for the economy, with the place of business and address for service: The User is fully liable for any damage caused to the Service Provider as a result of using any content from the clickforblinds.com website without the Service Provider's consent.
- Any use by anyone, without the explicit written consent of the Service Provider, of any of the elements that make up the content and materials of the clickforblinds.com website constitutes a violation of the copyright law belonging to the Service Provider and results in civil and criminal liability.
- All trade names, product names, company names, and their logos used on the Store's website at clickforblinds.com belong to their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and photos presented on the Store's website at clickforblinds.com are used for informational purposes.
§ 16
FINAL PROVISIONS
- Agreements concluded via the Store are made in accordance with Polish law.
- In the event that any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law will apply in place of the challenged provision of the Terms and Conditions.
- Any disputes arising from Sales Agreements between the Store and Consumers will first be resolved through negotiations with the aim of amicably settling the dispute, taking into account the law on out-of-court consumer dispute resolution. However, if this is not possible or is unsatisfactory for either party, disputes will be settled by the competent common court, in accordance with point 4 of this paragraph.
- Judicial dispute resolution:
- any disputes arising between the Service Provider and the User (Client) who is also a Consumer or a person referred to in §10 of the Terms and Conditions will be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of November 17, 1964,
- any disputes arising between the Service Provider and the User (Client) who is not also a Consumer, as referred to in §9 of the Terms and Conditions, will be submitted to the court competent for the Service Provider's registered office.
- A Client who is a Consumer also has the right to use out-of-court methods of resolving disputes, in particular by submitting a request for mediation or a request to have the case considered by an arbitration court after the complaint procedure has ended (the application can be downloaded from the website https://uokik.gov.pl/downloadId/304). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: https://uokik.gov.pl/kontakt-inspekcja-handlowa. Consumers can also use the free assistance of a district (city) consumer advocate or a social organization whose statutory tasks include consumer protection. Out-of-court claims resolution after the complaint procedure is free of charge.
- In order to resolve a dispute amicably, a Consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) platform, available at: https://ec.europa.eu/consumers/odr/.