TERMS AND CONDITIONS OF THE ONLINE STORE

WWW.CAPITAL‑PRODUCTION.PL

§ 1 GENERAL PROVISIONS

The online store www.capital‑production.pl (hereinafter the Store) operates under these Terms and Conditions.

These Terms define the conditions for concluding and terminating Product Sales Agreements, the complaint procedure, as well as the types and scope of electronic services provided by the Store, the rules for their provision and termination.

By commencing any activity aimed at using the Store’s electronic services, the User undertakes to comply with these Terms.

In matters not regulated herein, the following provisions of Polish law apply:

  • the Act of 18 July 2002 on the Provision of Electronic Services;
  • the Consumer Rights Act of 30 May 2014;
  • the Act of 23 September 2016 on Out‑of‑Court Consumer Dispute Resolution;
  • the Civil Code of 23 April 1964;
  • and other relevant Polish legal regulations.

§ 2 DEFINITIONS

TERMS — this document.

STORE — the online store at www.capital‑production.pl.

ELECTRONIC SERVICE — a service provided electronically by the Seller to the User via the Store.

REGISTRATION FORM — an online form enabling the creation of an Account.

ACCOUNT — a set of resources in the Seller’s ICT system, marked with an individual name (login) and password, where the User’s data and order history are stored.

ORDER FORM — an interactive form for placing Orders.

REVIEW SYSTEM — an Electronic Service that enables Clients to post opinions about Products.

SELLER — CAPITAL PRODUCTION Sp. z o.o., al. Prymasa Tysiąclecia 83A/332, 01‑242 Warsaw, NIP 5273009178, REGON 522479599, KRS 0000980391, e‑mail capitalproductionspzoo@gmail.com, tel. +48 452 550 428.

USER — any entity using an Electronic Service.

CLIENT — a User who intends to conclude or has concluded a Sales Agreement with the Seller.

CONSUMER — a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.

ENTREPRENEUR — a natural person, legal person or organisational unit without legal personality that is granted legal capacity by statute, conducting business or professional activity on its own behalf.

PRODUCT — a movable item or service available in the Store that is the subject of a Sales Agreement.

SALES AGREEMENT — a product sales agreement concluded between the Client and the Seller via the Store.

ORDER — the Client’s declaration of intent to conclude a Sales Agreement.

PRICE — the value expressed in monetary units that the Client is obliged to pay the Seller for the Product.

§ 3 PRODUCT INFORMATION AND ORDERING

The Store conducts retail sales of Products via the Internet.

Products offered in the Store comply with the contract and have been legally introduced into the Polish market.

Information on the Store’s webpages does not constitute an offer within the meaning of the Civil Code; by placing an Order, the Client submits an offer to purchase a specific Product on the terms specified in its description.

The Product Price displayed on the Store’s webpage is given in Polish zloty (PLN) and includes all components, including VAT. The Price does not include delivery costs.

The Product Price displayed at the moment of Order placement is binding for the Client and will not change regardless of price changes in the Store after the Order has been placed.

The Seller clearly informs Clients about unit Prices, promotions and discounts. Next to a discount, the Seller shows the lowest price of that Product which applied during the 30 days before the reduction, and if the Product has been offered for less than 30 days — the lowest price from the start of sale to the date of the reduction.

Orders can be placed:

Creating an Account is not required to place an Order.

The condition for placing an Order in the Store is to read and accept these Terms during Order placement.

The Store processes Orders placed on business days from 10:00 to 18:00. Orders placed on business days after 16:00, and on Saturdays, Sundays and public holidays are reviewed on the next business day.

Promotional (sale) Products are limited in quantity and Orders will be fulfilled in the order in which they are received until stocks are exhausted.

§ 4 CONCLUSION OF THE SALES AGREEMENT

To conclude a Sales Agreement, the Client must first place an Order using one of the methods made available by the Seller in accordance with § 3 pts 7 and 9 of these Terms.

After receiving the Order, the Seller shall immediately confirm its receipt.

The confirmation referred to in pt 2 above makes the Order binding on the Client. The confirmation is sent by e‑mail.

The confirmation e‑mail contains:

  • confirmation of all essential elements of the Order,
  • a withdrawal form,
  • these Terms together with notice of the right of withdrawal.

Upon receipt of the above e‑mail by the Client, a Sales Agreement is concluded between the Client and the Seller.

Each Sales Agreement is confirmed by a proof of purchase (VAT invoice / receipt) attached to the parcel and/or sent to the Client’s e‑mail address provided in the Order Form.

§ 5 PAYMENT METHODS

The Seller provides the following payment methods:

  • bank transfer to the Seller’s bank account;
  • online payment via the Przelewy24 system; The payment card operator is PayPro SA, Settlement Agent, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000347935, NIP 7792369887, REGON 301345068.
  • cash on delivery (COD) to the courier.

Bank account details: 47 1020 1068 0000 1402 0392 3554 (PKO BP SA) — CAPITAL PRODUCTION Sp. z o.o., al. Prymasa Tysiąclecia 83A/332, 01‑242 Warsaw.

For online payments, the Client pays before Order processing begins; the system enables payment by card or instant transfer.

For COD, the parcel is dispatched after address verification; the Client undertakes to pay the courier and collect the Product.

The Client has 3 business days from the date of the Agreement to pay for the Order unless otherwise agreed by the parties.

If the payment methods listed in pts 1 or 2 above are chosen, the Product will be dispatched only after the funds have been credited to the Seller’s account.

§ 6 DELIVERY COST, TIME AND METHODS

The delivery cost is borne by the Client and is calculated during Order placement, depending on the chosen payment method and delivery option.

The delivery time comprises the Product preparation time and the carrier’s delivery time:

  • Preparation — 1–2 business days from:
      • crediting the Seller’s account;
      • or positive authorisation of the transaction by the payment system;
      • or acceptance of the Order for execution in the case of COD;
  • Delivery — 1–3 business days (business days only, excluding Saturdays, Sundays and public holidays).

Purchased Products are shipped via InPost parcel lockers or courier services.

The Client may collect Products in person after prior arrangement by e‑mail or telephone.

§ 7 PRODUCT COMPLAINTS

1. Warranty

  • Products are covered by a manufacturer’s / seller’s warranty valid in the territory of the Republic of Poland.
  • The warranty period is 12 months from the date of delivery of the Product to the Client.
  • The warranty document is the warranty card or proof of purchase.
  • Warranty details are included in the card supplied with the Product or on the Store’s website.
  • The warranty does not exclude, limit or suspend the Consumer’s rights (and the entity referred to in § 10) arising from the lack of conformity of the goods with the contract.

2. Lack of conformity

The Seller’s liability towards a Consumer (and the entity referred to in § 10) is governed by the Consumer Rights Act of 30 May 2014; towards an Entrepreneur under § 9 — by the Civil Code.

The Seller is liable for a lack of conformity existing at the time of delivery and revealed within 2 years unless a longer durability period was stated.

A notice of non‑conformity and a demand may be sent to: cptheseller@gmail.com or by post (al. Prymasa Tysiąclecia 83A/332, 01‑242 Warsaw). The notice should include a description of the defect and contact details.

Initially, the Consumer may demand replacement or repair of the Product. Price reduction or withdrawal from the contract may be requested in the cases provided by law (significant defect, refusal to repair, etc.).

If the complaint is justified, the Seller shall:

  • cover the costs of repair / replacement and re‑delivery;
  • reduce the price and refund the difference within 14 days; or
  • in case of withdrawal — refund the price within 14 days of receiving the goods or proof of their dispatch.

The Seller will respond to the demand immediately, no later than 14 days; a lack of response within this period means that the complaint is accepted.

§ 8 RIGHT OF WITHDRAWAL

The Consumer has the right to withdraw from the contract within 14 days without giving any reason, counting from the day the Product is received. Details and a withdrawal form are included with the Order.

The Consumer bears the direct cost of returning the Product unless the Seller has agreed to bear that cost. If the Product, by its nature, cannot be returned by post, the cost of return may be high; the estimated cost is indicated in the Product description.

§ 9 PROVISIONS FOR ENTREPRENEURS (B2B)

These provisions apply to Clients who are not Consumers.

  • The right of withdrawal does not apply to Entrepreneurs purchasing Products for professional use.
  • The Seller’s liability under warranty is excluded.
  • In the event of a dispute, the competent court is the court having jurisdiction over the Seller’s registered office.

§ 10 ENTREPRENEURS WITH CONSUMER RIGHTS

Entrepreneurs who are natural persons concluding a contract that is not directly related to their professional activity enjoy consumer protection, including the right of withdrawal and liability for non‑conformity of goods with the contract.

Such Entrepreneurs lose consumer status under a given contract if the purchased Product is of a professional nature for them, as verified under their PKD (Polish Classification of Business Activities) codes.

§ 11 TYPES AND SCOPE OF ELECTRONIC SERVICES

The Seller provides the following Electronic Services via the Store:

  • conclusion of Sales Agreements (Order Form),
  • maintenance of an Account,
  • the Review System,
  • a newsletter service, if the Client has given separate consent.

Electronic Services are provided free of charge. Contracts for Electronic Services are concluded for an indefinite period (Account) or on a one‑off basis (Order Form).

Technical requirements for cooperation with the Seller’s ICT system: a device with Internet access and a web browser with JavaScript and Cookies enabled.

The User is obliged not to provide unlawful content.

§ 12 CONDITIONS FOR THE PROVISION AND TERMINATION OF ELECTRONIC SERVICE CONTRACTS

The User may terminate the Electronic Service contract (Account) at any time without stating reasons by sending an appropriate statement to the Seller by e‑mail or in writing. Termination takes effect immediately, no later than 7 days after the statement is delivered.

The Seller may terminate the Electronic Service contract if the User materially violates the law or these Terms, after an ineffective request to cease the violations with a 7‑day deadline.

Complaints regarding Electronic Services may be submitted by e‑mail (cptheseller@gmail.com) or in writing to the Seller’s postal address. The Seller will respond within 14 days.

§ 13 COMPLAINT PROCEDURE FOR ELECTRONIC SERVICES

1. Complaints related to Electronic Services provided by the Seller may be submitted by the User by e‑mail to cptheseller@gmail.com or in writing to the Seller’s postal address.

2. The complaint should include: a description of the problem, the User’s e‑mail or postal address and their name / company name. Failure to provide these details may hinder consideration of the complaint.

3. The Seller shall consider the complaint immediately, no later than 14 calendar days from the date of receipt. The response is sent to the same e‑mail or postal address from which the complaint was received.

§ 14 TERMINATION OF ELECTRONIC SERVICE CONTRACTS

1. The User may terminate the Electronic Service contract without stating reasons by sending an appropriate statement to the Seller by e‑mail or in writing. Termination takes effect no later than 7 days after the statement is delivered.

2. The Seller may terminate the Electronic Service contract if the User materially breaches the Terms; prior to termination, the Seller shall send the User an e‑mail or written notice requesting cessation of the breach within 7 days.

3. For important reasons (force majeure, discontinuation of a service), the Seller may suspend or terminate a specific Electronic Service, providing users with prior notice in a way that allows them to familiarise themselves with the information.

§ 15 INTELLECTUAL PROPERTY

1. All content posted in the Store (texts, photos, graphics, logos, databases, etc.) is the property of the Seller or third parties and is protected by copyright and other laws.

2. The User may not copy, reproduce or distribute materials without the written consent of the copyright holder, except where permitted by law.

3. The use of logos or trademarks without the consent of the right holder is prohibited.

§ 16 LIABILITY

1. The Seller is not liable for interruptions in the operation of the Store caused by force majeure, unlawful actions of third parties or incompatibility of the User’s technical infrastructure with the requirements referred to in § 11.

2. The Seller does not guarantee the error‑free and uninterrupted operation of the Store.

3. The Seller shall not reimburse losses incurred by Users as a result of unlawful use of the Store by third parties.

§ 17 FINAL PROVISIONS

1. Contracts concluded through the Store are governed by Polish law.

2. In the event of a dispute, the parties will attempt to resolve it amicably. If no agreement is reached, the dispute will be referred to the competent common court in accordance with Polish procedural law.

3. The Consumer may use out‑of‑court dispute resolution methods, in particular by submitting a complaint via the ODR platform (online dispute resolution) or to the locally competent branch of UOKiK.

4. These Terms come into force on the date of their publication on the Store’s website. The Seller may amend the Terms for important reasons (changes in legislation, changes in payment methods, etc.). Users will be informed of amendments in advance, at least 14 days before the changes take effect.