Terms of service

I. DEFINITIONS

The terms used in the regulations mean:

1. Client - a natural person, legal person or organizational unit that is not a legal person, the provisions of which specifically grant legal capacity, which places an Order in the Online Store;
2. Consumer - a Customer who places an Order for purposes not related to trade, business, craft or freelance activities;
3. Entrepreneur - a Customer who places an Order for purposes related to his trade, business, craft or freelance activity, including the Customer who places an Order through any other person acting on his behalf or on his behalf;
4. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
5. Goods - products presented in the Online Store;
6. Newsletter - an electronic service, electronic distribution service provided by the Service Provider via e-mail or sms messages, which allows all service recipients using it to automatically receive from the service provider cyclical content of subsequent editions of the newsletter containing information about Goods, new products and promotions in the Online Store.
7. Online Store, Store - a website through which the Customer may, in particular, place Orders, available at: oakywood.shop;
8. Order - Clients's declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods;
9. Regulations - these regulations for the provision of electronic services as part of the Online Store;
10. Sales contract - any contract under which the entrepreneur transfers or undertakes to transfer the ownership of the Goods to the Customer, and the Customer pays or undertakes to pay their price;
11. Seller - Oakywood sp. z o.o. with the registered office in Ciche, 34-407 Ciche 35B, entered into the Register of Entrepreneurs of the National Court Register kept by the Sąd Rejonowy dla Krakowa-Śródmieścia w Krakowie Wydział XII Gospodarczy KRS under the number: 0000894372, fiscal identification number (NIP): 7352896281;

 

II. GENERAL PROVISIONS

1. The Online Store, available at: oakywood.shop is run by Oakywood sp. z o.o. with the registered office in Ciche, 34-407 Ciche 35B, entered into the Register of Entrepreneurs of the National Court Register kept by the Sąd Rejonowy dla Krakowa-Śródmieścia w Krakowie Wydział XII Gospodarczy KRS under the number: 0000894372, fiscal identification number (NIP): 73528962812.
2. Seller offers Goods for sale via the Online Store.
3. A detailed list of the Goods along with their unit prices is available on the Store's website.
4. The sales contract is concluded between the Client and the Seller in accordance with Polish law and EU law - subject to point XVIII of these Regulations.
5. All product designations and their names are used for identification purposes and may be registered trademarks to which the entitled persons have been granted protection rights.

 

III. RULES OF USE OF THE STORE

1. The conclusion of the contract for the sale of the Goods on the website of the Online Store takes place by making a purchase without prior registration.
2. Client, when purchasing the Goods without prior registration, is obliged to fill in the appropriate form with his data after the purchase, as well as to consent to the content of the Regulations and consent to the processing of the Client's personal data by the Seller and the content of the Store's privacy policy.
3. Seller may deprive Client of the right to use the Online Store, and may limit his access to some or all of the Online Store's resources, with immediate effect, in the event of a breach of the Regulations by the Client, in particular when the Client:
   • provided false, inaccurate or out-of-date data, misleading or infringing the rights of third parties when placing the Order;
   • has infringed the personal rights of third parties via the Online Store, in particular the personal rights of other Clients of the Online Store;
   • has committed other behaviors that will be considered by the Seller to be inconsistent with applicable law or general principles of using the Internet or detrimental to the Seller's good name.
4. In order to ensure the security of the transmission of messages and data in connection with the services provided as part of the Online Store, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent by unauthorized persons on the Internet.
5. Client is obliged in particular to:
6. not to provide or transfer illegal content, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties;
7. using the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices;
8. not taking actions such as sending or placing unsolicited commercial information (spam) as part of the Online Store;
9. use the Online Store in a way that is not inconvenient for other Clients and for Seller;
10. use any content posted as part of the Online Store for personal use only (prohibition of using the Online Store for commercial purposes);
11. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.

 

 

IV. CONCLUDING SALE CONTRACT

1. In order to conclude a Sales Agreement via the Online Store, go to the Online Store website, select the Goods, their quantity, taking further technical steps based on the messages displayed to the Client and information available on the Store's website.
2. The selection of the ordered Goods by Client is made by adding them to the basket.
3. When placing the Order, Client has the option of modifying the entered data and modifying the selection of the Goods. To do this, follow the displayed messages and information available on the Store's website.
4. After Client, by using the Online Store, has added all the necessary data, a summary of the placed Order is displayed. The summary of the placed Order contains information on:
   • the subject of the contract;
   • unit and total price of the ordered products or services, including delivery costs and additional costs (if any);
   • selected payment method;
   • chosen method of delivery;
   • delivery time.
5. In order to send the Order, it is necessary to provide personal data marked as mandatory, accept the Regulations and the privacy policy and consent to the processing of the Client's personal data by the Seller.
6. Sending the Order by Client constitutes a declaration of intent to conclude a contract for the sale of Goods with the Seller in accordance with the Regulations.
7. The contract is considered concluded with the receipt by the Seller of the Order placed by the Client.
8. After placing the Order, the Client receives an e-mail entitled "Confirmation of placing the order" containing the final confirmation of all essential elements of the Order, i.e .:
   • data identifying the entrepreneur;
   • basic characteristics of the selected good;
   • total price including taxes, as well as charges for delivery, postage and any other additional costs;
   • chosen method of payment and delivery;
   • in the case of the right to withdraw from the contract - the conditions, deadlines and the withdrawal procedure.

 

V. PRICES AND PAYMENTS

1. Goods’ prices are given in USD and include all components at the rate specified in separate regulations.
2. The price of the Goods does not include the costs of shipping and delivery of the Goods to the Client.
3. The price given next to the Goods is binding at the time of placing the Order by the Client and will not change until the Order is completed.
4. The prices of the Goods given in the Online Store apply only to the Online Store offer and are valid only in the Internet offer.
5. The Seller reserves the right to change the prices of the Goods on offer, introduce new goods to the Online Store's offer, remove products from the Store's offer, carry out and cancel promotional campaigns on the Online Store's websites or introduce changes to them, including changes to the Regulations. These changes will not apply to Orders placed before their implementation. The planned changes to the Regulations will be posted 7 days in advance on the main page of the Store in a visible place, so that everyone can read them. The above-mentioned changes to the Regulations or the prices of the Goods come into force after 7 days from the date of their publication on the Online Store website.
6. In the Online Store it is possible to pay by Visa or Mastercard payment cards (debit or credit cards), as well as by payment operators such as PayPal. By using a given form of payment, the Client does not bear any additional costs, except for any costs imposed by entrepreneurs through which the payment is made, in particular banks.
7. It is possible for the Client to pay in cash at the premises of the Seller's enterprise upon personal collection. It is not possible to pay by credit card.
8. The moment of payment is the moment when the funds are credited to the Seller's bank account or cash is handed over to the Seller.

 

VI. EXECUTION OF THE ORDER

1. The Order will be processed on the condition that the Goods are available in the Store's warehouse.
2. In the event of unavailability of some of the Goods covered by the Order, the Client will be informed about the status of the Order within 14 days of placing the Order and will decide on the manner of its implementation (partial implementation, extension of waiting time, withdrawal from the Order). The Client's failure to make a decision within 10 business days from the date of providing him with the information referred to in the first sentence, entitles the Seller to withdraw from the contract and refund the amounts paid by the Client. Withdrawal from the contract referred to in the second sentence may take place before the expiry of 30 days from the date of placing the Order by the Client.
3. Each completed Order is documented by Seller with an appropriate accounting document issued after the Customer has settled the entire amount due under the Order. Such accounting documents will be delivered to the Client with ordered Goods.
4. In case of sales of promotional or sale products whose quantity is limited, the execution of Orders depends on the order of receipt of the Order in the Store. The deadline for completing the Order of sale products is 21 business days. If, after placing the Order, it appears that the Ordered goods are currently unavailable, the Client will be immediately notified by e-mail about the unavailability of the goods.
5. In the situation referred to in point 4., the procedure described in point 2 takes place.

 

VII. SHIPMENT

1. Shipment of the ordered Goods is possible within the territory of the European Union as well as outside its borders. When placing an Order and selecting the delivery method, the Online Store automatically calculates the estimated delivery time and its cost.
2. The delivery of the ordered Goods takes place through a transport operator (courier company).
3. The cost of delivery (if the Order is not covered by free delivery) is given when placing the Order and added to the price of the Goods.
4. The Seller is not liable for damages caused by irregularities (including mistakes) committed by the Ordering Party in the Order Form, as a result of which the parcel did not reach the addressee, as well as for unjustified refusal to collect the parcel.
5. The Seller is not liable for any destruction, damage or failure to deliver the parcel sent by him by courier.

 

VIII. PERSONAL RECEPIT OF THE ORDER

1. It is possible to collect the ordered Goods in person at the Seller's premises at: 34-407 Ciche 35B.
2. The collection is possible on business days (i.e. from Monday to Friday, excluding public holidays) during working hours (i.e. from 9 am to 5 pm).
3. When picking up in person, please provide the order number.

 

IX. PERSONALIZED GOODS ORDERS

1. Seller offers the possibility of making and selling a personalized Goods, i.e. Goods prepared specifically according to the specification, needs and description of Client.
2. Some of the Goods offered by the Seller on the Online Store website may be personalized using the "personalizer" option available on the Store's website next to the given Good. To select this option, Client must click: "Personalize" and select the available way of personalizing the Goods. In this case, the system will automatically show the customer the price of the selected personalization.
3. If you want to personalize the Goods in a different way than available on the Store's website using the "personalizer" option or if you want to personalize the Goods for which this option is not available, please contact the Seller directly - or via the contact form available on the Store's website at the address: oakywood.shoppages/contact-us or in the form of an e-mail message: at the address: contact@oakywood.shop.

 

X. WARRANTY AND GUARANTEE

 

1. Seller grants a 2-year statutory warranty for defects on the Goods sold by him on the Store's website, on the terms and conditions specified in the Civil Code.
2. Regardless of the rights under the warranty, the Goods are covered by the quality guarantee granted by the Seller, as the producer of the Goods. The guarantee does not exclude, limit or suspend the rights of the buyer resulting from the provisions on the statutory warranty for defects in the sold item.
3. The quality guarantee is granted on the following terms:

• The quality guarantee covers damage resulting from structural defects of the Goods and is granted for a period of 1 calendar year from the date of delivery of the ordered Goods to the Client.
• The quality guarantee does not cover:
  1. mechanical, thermal, chemical damage (abrasions, bends, cracks, scratches, etc.) resulting from improper handling of the Goods;
  2. parts subject to natural wear during use;
  3. making independent repairs and modifications;
  4. improper use of the Goods, inconsistent with their intended use;
  5. damage resulting from improper selection of a spare part;
  6. eliberate damage to the Goods (e.g. opening, attempted repair, interference by unauthorized persons);
  7. natural wear and tear of the Product resulting from its constant use, improper installation of the product;
  8. damage resulting from force majeure (e.g. power surge, lightning strike).
• Quality guarantee complaints are considered only for Goods whose quality guarantee period has not expired and which have a detailed description of the damage attached to the service shipment and an attached proof of purchase of the Goods.
• In the event of a defect, stop using the product in order to avoid major damage.
• In any case, Goods entailed by the quality guarantee complaint must be clean and compliant with basic hygiene requirements.
• Quality guarantee complaints about the Goods may be submitted by the Client in one of the freely chosen ways:
  1. by post to the address of the Seller's company: Oakywood sp. z o.o. based in Ciche, 34-407 Ciche 38A;
  2. by e-mail to the Seller's e-mail address: contact@oakywood.shop;
• The complained Goods are delivered to the Seller by the Client, along with a description of the damage and proof of purchase, at his own expense.
• Quality guarantee complaints are recognized by the Seller within 14 days, and in exceptional cases within a maximum of 30 days, about which the Seller informs Client. Failure to recognize the Quality guarantee within this deadline is not tantamount to accepting the complaint.
• In the event of a justified complaint and its acceptance, the Seller undertakes to:
  1. repair as soon as possible, agreed with the Client;
  2. replace faulty Goods with a Goods free from defects, if the repair is impossible or requires excessive costs.
• In the case of repair of the Goods, the complaint processing time is up to 30 days from the date of recognizing the complaint as justified.
• In the event of an unjustified complaint and non-acceptance, the Seller sends Goods back to the Client at his expense, along with information on the reasons for the failure to recognize the quality guarantee complaint.

 

XI. RESCISSION FROM THE CONTRACT

1. Every Client who is a consumer (that is making a purchase not connected with his/her business activity) and uses the Online Store has the right to rescind from the contract of sale of the goods without giving a reason.
2. The Consumer has the right to rescind from the contract of sale of Goods within 14 days without giving any reason. The deadline to rescind from the contract expires after 14 days from the day on which the Consumer came into possession of the last item delivered under one Order or on which a third party other than the carrier and indicated by the Consumer came into possession of the last item delivered under one Order.
3. To exercise the right of rescission, the Consumer must make an appropriate statement. A declaration of rescission from the contract must be submitted to Seller in one of the following ways:
   1. sent by post to the address of the seat of Oakywood sp. z o.o. z siedzibą w Ciche, 34-407 Ciche 35B;
   2. sent by e-mail to the Seller’s email address: contact@oakywood.shop;
4. To meet the deadline to rescind from the contract, it is sufficient for the Client who is a Consumer to send information regarding the exercise of his right to rescind from the contract before the deadline to rescind from the contract.
5. The Consumer may use the model withdrawal form, but it is not obligatory.
6. The above right to withdraw from the contract is not available to Customers who have placed an order for personalized goods, i.e. prepared by the Seller, who is also the producer of the goods, for the specific expectations and requirements of the Customer - pursuant to art. 38 point 3 of the Act of May 30, 2014 on consumer rights that stipulates: the right to withdraw from a contract concluded outside the business premises or at a distance is not available to the consumer in relation to contracts where the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs.
7. The above provisions regarding the right to withdraw from the contract for the sale of the Goods also apply to natural persons concluding contracts with the Seller directly related to their business activity, when the content of this contract shows that these contracts do not have a professional nature for these people, resulting from in particular, the subject of economic activities performed by these persons, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

 

XII. EFFECTS OF THE RESCISSION FROM THE CONTRACT

1. In the event of rescission from the sale contract Seller returns to the Consumer all payments received from him (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest regular delivery method offered by Seller), immediately, and in any case not later than 14 days from the day Seller has been informed of the Customer's decision to exercise the right to rescind from this contract.
2. Seller will refund payments using the same payment methods that were used by the Customer in the original transaction, unless the Customer has expressly agreed to a different solution . In each case the Customer will not incur any fees in connection with this refund. Seller may withhold the reimbursement of the payment until receipt of the item or until the Customer provides proof of sending it back, whichever occurs first.
3. The Customer should return or hand over the item immediately, and in any case not later than 14 days from the day on which he informed Seller to rescind from this contract. The deadline is met if the Customer sends the item back within 14 days. The Customer will have to bear the direct cost of returning the Goods. The Customer is only responsible for reducing the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
4. The above provisions regarding the right to withdraw from the contract for the sale of the Goods also apply to natural persons concluding contracts with the Seller directly related to their business activity, when the content of this contract shows that these contracts do not have a professional nature for these people, resulting from in particular, the subject of economic activities performed by these persons, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

 

XIII. COMPLAINTS - SELLER'S RESPONSIBILITY FOR NON-COMPLIANCE OF THE GOODS WITH THE SALES AGREEMENT

Consumers

1.   Seller is liable towards Consumer for the non-compliance of Goods with Sales Agreement existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of Goods specified by the Seller, his legal predecessors or persons acting on their behalf is longer.

2.     The Goods are compliant with the Sales Agreement, if in particular their:

a.     description, type, quantity, quality, completeness and functionality, and in relation to Goods with digital elements - also compatibility, interoperability and availability of updates;

b.     suitability for a specific purpose for which it is needed by the Consumer, about which the Consumer notified the Seller at the latest at the time of concluding the Sales Agreement and which the Seller accepted.

3.   In addition, in order to be considered compliant with the Sales Agreement, the Goods must:

a.     be fit for the purposes for which Goods of this type are usually used, taking into account applicable laws, technical standards or good practices;

b.     occur in such quantity and have such features, including durability and safety, and in relation to Goods with digital elements - also functionality and compatibility that are typical for Goods of this type and which the Consumer may reasonably expect, taking into account the nature of the Good, and a public assurance made by the Seller, his legal predecessors or persons acting on their behalf, in particular in an advertisement or on a label, unless the Seller proves that: - he was not aware of a given public assurance and judging reasonably, he could not have known about it, the conclusion of the Agreement, the public assurance was rectified with the conditions and form in which the public assurance was submitted, or in a comparable manner, - the public assurance did not affect the Consumer's decision to conclude the Sales Agreement;

c.      be delivered with packaging, accessories and instructions that the Consumer can reasonably expect to be provided;

d.     be of the same quality as the sample or pattern that the Seller made available to the Consumer before concluding the contract, and correspond to the description of such sample or pattern.

4.     Seller shall not be liable for the non-compliance of the Goods with the Sales Agreement in the scope referred to above, if the Consumer, at the latest at the time of concluding the Agreement, was clearly informed that a specific feature of the Goods differs from the requirements of compliance with the Agreement specified above, and clearly and separately accepted the lack of a specific feature of the Goods.

5.     Seller is liable for the non-compliance of the Goods with the Sales Agreement resulting from improper installation of the Goods, if:

a.     it was carried out by the Seller or under his responsibility;

b.     improper installation carried out by the Consumer resulted from errors in the instructions provided by the Seller or a third party;

6.     If the Goods are inconsistent with the Sales Agreement, the Consumer may demand that they be repaired or replaced.

7.     Seller may make a replacement when the Consumer requests a repair, or the Seller may make a repair when the Consumer requests a replacement, if bringing the Goods into compliance with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If the impossibility or excessive costs concern both repair and replacement, the Seller may refuse to bring the Goods into compliance with the Agreement. In this case, the Consumer may submit a statement of price reduction or withdrawal from the Agreement, referred to later in the Regulations. When assessing the excess of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the non-compliance of the Goods with the Sales Agreement, the value of the Goods in accordance with the Sales Agreement and excessive inconvenience to the Consumer resulting from the change in the manner of bringing the Goods into compliance with the Sales Agreement.

8.     Seller shall repair or replace the Goods within a reasonable time from the moment when the Seller was informed by the Consumer about the non-compliance of the Goods with the Sales Agreement.

9.     The costs of repair or replacement of the Goods are borne by the Seller. The consumer is obliged to make the Goods subject to repair or replacement available to the Seller in order to collect them, which takes place at the expense of the Seller.

10.  If the Goods were installed before the non-compliance of the Goods with the Agreement was revealed, the Seller disassembles the Goods and reassembles them after repair or replacement, or has these activities performed at its own expense.

11.  The Consumer may submit a statement of price reduction or withdrawal from the contract if the Goods are inconsistent with the Sales Agreement when:

a.     Seller refused to bring the Goods into compliance with the Sales Agreement;

b.     Seller has not brought the Goods into compliance with the Sales Agreement;

c.      the lack of conformity of the Goods with the contract still occurs, despite the fact that the Seller has tried to bring the Goods into compliance with the Sales Agreement;

d.     the lack of conformity of the Goods with the contract is significant enough to justify an immediate price reduction or withdrawal from the Sales Agreement;

e.      it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.

12.  The reduced price must be in such proportion to the price resulting from the Sales Agreement, in which the value of the Goods inconsistent with the Sales Agreement remains to the value of the Goods in accordance with the Sales Agreement. Reimbursement of the amount due as a result of exercising the right to reduce the price takes place no later than within 14 days from the date of receipt of the Consumer's statement on the price reduction.

13.  Seller may not accept the Consumer's declaration of withdrawal from the Sales Agreement if it proves that the lack of compliance of the Goods with the Sales Agreement is irrelevant.

14.  In the event of withdrawal from the Sales Agreement, the Consumer immediately returns the Goods to the Seller at his expense. The Seller returns the price no later than within 14 days from the date of receipt of the Goods or proof of sending them back.

15.  Any complaints related to the Goods or the implementation of the Sales Agreement may be submitted by the Consumer in any form. The consumer has the option of sending photographic documentation of the advertised Goods to the Seller's e-mail address.

16.  Seller will respond to the complaint within 14 days from the date of its submission

 

Entrepreneurs

 

1.     Seller ensures the Delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods have a defect (warranty). In the case of used, defective Goods (e.g. from display or return), the Seller each time informs the Entrepreneur in particular about any visible signs of use. With the above in mind, each Good, both new, used and from display or returned, presented by the Seller is properly described.

2.     Seller is liable under the warranty if a physical defect is found within two years from the release of the Goods. A claim for removal of a defect or replacement of the Good with a defect-free one expires after one year, counting from the date of finding the defect.

3.     If the Goods have a defect, the Entrepreneur may:

a.     submit a statement of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Entrepreneur replaces the defective Goods with defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free Goods or remove defects. The Entrepreneur may, instead of the defect removal proposed by the Seller, demand the replacement of the Goods free of defects or, instead of replacing the Goods, demand the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Entrepreneur would be exposed by a different method of satisfaction.

b.     demand replacement of defective Goods with goods free from defects or removal of the defect. The Seller is obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without excessive inconvenience to the Entrepreneur. The Seller may refuse to satisfy the Entrepreneur's request if bringing the defective Goods into compliance with the Sales Agreement in a manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the second possible way of bringing them into compliance with the Sales Agreement. The seller may refuse to replace the item with a defect-free item or remove the defect also when the costs of meeting this obligation exceed the price of the item sold.

4.     Any complaints related to the Goods or the implementation of the Sales Agreement may be submitted by the Entrepreneur in any form. The Entrepreneur has the option of sending photographic documentation of the advertised Goods to the Seller's e-mail address.

5.     Seller will respond to the complaint within 14 days from the date of its submission.

 

XIV. COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

1. Seller undertakes actions to ensure fully correct operation of the Store, to the extent that results from current technical knowledge and undertakes to remove within a reasonable period of time any irregularities reported by Clients.
2. The Client is obliged to immediately notify Seller about any irregularities or interruptions in the functioning of the Online Store website.
3. Irregularities related to the functioning of the Online Store may be reported by the Client in one of any ways:
   1. sent by post to the address of the seat of Oakywood sp. z o.o. z siedzibą w Ciche, 34-407 Ciche 35B;
   2. sent by e-mail to the Seller’s email address: contact@oakywood.shop
4. In the complaint, the Client should provide his name, correspondence address, type and the date of occurrence of the irregularity related to the functioning of the Online Store.
5. Seller undertakes to consider each complaint within 30 days, and if this was not possible, to inform the Client within this period when the complaint will be considered.

 

XV. PERSONAL DATA PROTECTION

1. Please be advised that the administrator of your personal data is Oakywood sp. z o.o. with the registered office in Ciche, 34-407 Ciche 35B, entered into the Register of Entrepreneurs of the National Court Register kept by the Sąd Rejonowy dla Krakowa-Śródmieścia w Krakowie Wydział XII Gospodarczy KRS under the number: 0000894372, fiscal identification number (NIP): 7352896281.
2. Detailed information on the scope and period of personal data processing by the Seller and the Clients' rights are included in the Privacy Policy

 

XVI. NEWSLETTER

1. The Client, after giving the appropriate consent, may receive a newsletter from the Seller, i.e. a free service provided electronically – via emails or sms messages - thanks to which the Client may receive from the Seller electronically previously ordered messages regarding the Store, including information about offers, promotions and new products in the Store.
2. The Client's use of the newsletter service is voluntary.
3. E-mails or sms messages sent as part of this service will be sent to the e-mail address or phone number provided by the customer at the time of subscribing to the newsletter.

4. The Client, in order to conclude a contract and subscribe to the newsletter service, in the first step provides his e-mail address/phone number, to which he wants to receive messages sent as part of the newsletter, as a result of which a contract for the provision of the newsletter service is concluded, and the Seller will start providing it to the Client.

5. The messages sent as part of the newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
6. The Client may unsubscribe from the newsletter, without giving a reason and incurring any costs, at any time, using the option referred to in section 5, section 10 or by sending a message to the Seller's e-mail address: contact@oakywood.shop.
7. The Client's use of the link to unsubscribe from the newsletter or sending a message with a request to unsubscribe from the newsletter will result in the immediate termination of the contract in the provision of this service.

    

    

8. By consenting to Oakywood’s sms newsletter messaging service, you agree to receive recurring sms messages from and on behalf of Oakywood through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders)

9.  

   We do not charge for the sms newsletter service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to sms messages, including charges from your wireless provider.

10. You may opt-out of the sms newsletter service at any time. Text the single keyword command STOP to the following phone number used by Seller to send newsletter via sms or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Seller’s mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

11. We may change any short code or telephone number we use to operate the sms newsletter service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the sms newsletter service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the sms newsletter service, any errors in such information, and/or any action you may or may not take in reliance on the information or sms newsletter service.

 

XVII. TECHNICAL CONDITIONS

 

1. In order to use the services provided under these Regulations, the Client should have:
   1. a web browser;
   2. Adobe program;
   3. active e-mail address/ phone number;
   4. active connection to the Internet.

 

XVIII. SALE TO CUSTOMERS IN THE UNITED STATES OF AMERICA

In the case of orders for Goods placed on the Store's website by Users having domiciles address in USA, these orders may be carried out either by Oakywood sp. z o.o. based in Ciche, 34-407 Ciche 35B, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register under the number: 0000894372, NIP: 7352896281 or by Oakywood LLC 30 N Gould St Ste R Sheridan, WY 82801, EIN: 32-0589002.

 

In this case, the personal data of Users residing in the USA will be processed either by Oakywood sp. z o.o. based in Ciche, 34-407 Ciche 35B, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register under the number: 0000894372, NIP: 7352896281 or by Oakywood LLC 30 N Gould St Ste R Sheridan, WY 82801, EIN: 32-0589002 and in the latter case, Orders will be processed in accordance with the laws of the United States and the state of Wyoming.

 

XIX. FINAL PROVISIONS

1. Clients can access these Regulations at any time on the Store's home page. Consolidation, security, disclosure and confirmation to the Client of the essential provisions of the Agreement for the sale of Goods takes place by sending the Client to the e-mail address provided and by attaching to the shipment containing the Goods a printout of the confirmation, Order specification and the relevant accounting document.
2. Settlement of any disputes arising between the Seller and the Client shall be submitted to the competent Polish courts in accordance with the provisions of the relevant provisions of Polish law.
3. Detailed information on the possibility for the Client who is a Consumer to use extrajudicial means of dealing with complaints and redress, and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
4. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: adr@uokik.gov.pl or a written address: Pl. Powstańców Warszawy 1, Warsaw.). The task of which is between other than providing assistance to consumers in matters relating to out-of-court settlement of consumer disputes.
5. Consumer has the following exemplary possibilities of using out-of-court complaint and redress methods: (1) application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/) ; (2) an application for an out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity by the Seller); and (3) assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the hotline is open on Working Days, from 8:00 to 18:00, connection fee according to the operator's tariff).
6. At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
7. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
8. In the case of concluding continuous contracts on the basis of these Regulations (e.g. the provision of electronic services), the amended Regulations shall be binding on the Client if the requirements specified in Art. 384 and 384¹ of the Civil Code, i.e. the Client has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the current fees, the Client who is a Consumer has the right to withdraw from the contract.
9. In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way infringe the rights acquired by Clients who are Consumers before the date of entry into force of the amendments to the Regulations, in particular no amendments to the Regulations will apply or have impact on already placed or placed Orders and concluded, implemented or performed Sales Agreements.
10. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002, the provisions of the Act on consumer rights of May 30, 2014 and other relevant provisions of generally applicable law.

 

XX. TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

Model withdrawal form

(this form should be completed and returned only if you wish to withdraw from the contract referred to in point XI and XII of the Regulations)

• Recipient:

Oakywood sp. Z o.o. based in Ciche, 34-407 Ciche 35B

• I/we (*) hereby inform/inform (*) about my/our withdrawal from the contract of sale of the following Goods (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service (*) Date of conclusion of the contract (*) / receipt (*)
• Order number;
• Name and surname of the consumer (s);
• Address of the consumer (s);
• Signature of the consumer (s) (only if the form is sent in paper version);
• Date