Terms and Conditions

Online Store Terms and Conditions

§ 1
Introductory Provisions

1. The Warped Factory online store, available at https://warped-factory.pl/, is operated by Nikodem Bradtke, conducting business under the name WARPED FACTORY NIKODEM BRADTKE, entered into the Central Register and Information on Business Activity (CEIDG) maintained by the minister responsible for economic affairs, Tax Identification Number (NIP) 9581732429, National Business Registry Number (REGON) 524815363.

2. These Terms and Conditions are addressed to Consumers and specify the rules and procedures for concluding a Distance Selling Agreement with the Consumer via the Store.

§ 2
Definitions

1. Consumer - a natural person concluding a contract with the Seller within the Store, the subject matter of which is not directly related to their business or professional activity. 2. Seller - an individual conducting business activity under the name WARPED FACTORY NIKODEM BRADTKE, entered into the Central Register and Information on Business Activity (CEIDG) maintained by the minister responsible for the economy, NIP 9581732429, REGON 524815363.
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - an individual, legal entity, or organizational unit without legal personality, granted legal capacity by a separate act, conducting business activity on its own behalf and using the Store.
5. Store - an online store operated by the Seller at the internet address …………………………..
6. Distance Contract - a contract concluded with the Customer as part of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
7. Terms and Conditions - these Store Terms and Conditions. 8. Order - a Customer's declaration of intent submitted via the Order Form, directly leading to the conclusion of a Sales Agreement for a Product or Products with the Seller.
9. Account - a Customer account in the Store, collecting data provided by the Customer and information about Orders placed by the Customer in the Store.
10. Registration Form - a form available in the Store enabling the creation of an Account.
11. Order Form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
12. Cart - a component of the Store's software that displays the Products selected by the Customer for purchase, and allows the setting and modification of Order data, in particular the quantity of products.
13. Product - a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement - a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. A Sales Agreement also means – as applicable to the Product's features – a service agreement and a contract for specific work.

§ 3
Contacting the Store

Seller's address: Gniewska 24/3, Gdynia 81-047
Seller's email address: kontakt@warped-factory.pl
Seller's telephone number: +48 513 469 197
Seller's bank account number: 18249000050000453000597569
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
The Customer may communicate with the Seller by telephone on business days between 10:00 AM and 6:00 PM.

§ 4
Technical Requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:
⦁ a device with internet access and a computer-type web browser,
⦁ an active email account,
⦁ cookies enabled.

§ 5
General Information

⦁ To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the Online Store with the Customer's technical infrastructure.
⦁ Browsing the Store's assortment does not require creating an Account. Customers can place orders for Products in the Store's assortment either by creating an Account in accordance with the provisions of § 6 of the Terms and Conditions, or by providing the necessary personal and address data to enable Order fulfillment without creating an Account. ⦁ Prices listed in the Store are in Polish zloty and are gross prices (include VAT).

Prices listed in the Store are in euros and are gross prices (include VAT).

The final amount payable by the Customer consists of the price of the Product and the shipping costs (including transportation, delivery, and postal fees), which the Customer is informed about on the Store's website when placing the Order, including when expressing their intention to enter into a Sales Agreement.

If the nature of the subject matter of the Agreement does not allow, reasonably, for the final price to be calculated in advance, information on the method of price calculation, as well as transportation, delivery, postal, and other costs, will be provided in the Store in the Product description.

§ 6
Creating an Account in the Store

⦁ To create an Account in the Store, complete the Registration Form. The following information is required: home address, email address, telephone number, first name, and last name of the person creating the account.
⦁ Creating an Account in the Store is free of charge.
⦁ Logging in to the Account is done by entering the login and password provided in the Registration Form. ⦁ The Customer may delete their Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§ 7
Ordering Procedures

To place an Order, you must:
⦁ log in to the Store (optional);
⦁ select the Product that is the subject of the Order and then click the "Add to Cart" button (or equivalent);
⦁ log in or use the option to place an Order without registration; ⦁ If you have chosen to place an Order without registration, complete the Order Form by entering the recipient's details and the address to which the Product is to be delivered, select the shipping method (method of delivery), and enter the invoice details if different from the recipient's details.
⦁ Click the "Order and pay" button (or equivalent).
⦁ Select one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 8, point 3.

§ 8
Offered Delivery and Payment Methods

⦁ The Customer may use the following delivery or collection methods for the ordered Product:
⦁ Postal delivery, postal delivery with cash on delivery,
⦁ Courier delivery, courier delivery with cash on delivery,
⦁ Personal collection is available at: Gniewska 24/3, Gdynia 81-047.
⦁ The Customer can use the following payment methods:
⦁ Payment by bank transfer to the Seller's account
⦁ PayPal and Przelewy24 electronic payments
⦁ Payment by Visa and Mastercard
⦁ Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
⦁ The Przelewy24 payment gateway is operated by PayPro S.A.
⦁ The PayPal payment gateway is operated by PayPal Inc.

§ 9
Execution of the Sales Agreement

⦁ The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
⦁ After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by the Seller sending the Customer an appropriate email to the Customer's email address provided during the Order placement process. This email message contains at least the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

If the Customer chooses:
⦁ payment by bank transfer, electronic payment, or payment by card, the Customer is obligated to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement; otherwise, the order will be canceled. ⦁ Cash on delivery, the Customer is obligated to make payment upon delivery.
⦁ If the Customer has chosen a delivery method other than personal collection, the Product will be shipped by the Seller within the time specified in the delivery description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
⦁ A. If Products with different delivery times are ordered, the delivery date is the longest specified date.
⦁ B. If Products with different delivery times are ordered, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order is completed.
⦁ The Product delivery time to the Customer begins as follows:
⦁ If the Customer chooses payment by bank transfer, electronic payment, or payment card – from the date the payment is credited to the Seller's bank account. ⦁ If the Customer selects cash on delivery as a payment method – from the date of the Sales Agreement.
⦁ If the Customer selects personal collection of the Product, the Product will be ready for collection by the Customer within the time specified in the Product description. The Seller will additionally inform the Customer about the Product's readiness for collection by sending an appropriate email to the Customer's email address provided when placing the Order.
⦁ If Products with different readiness dates are ordered, the longest date specified will be considered ready for collection.
⦁ Product delivery takes place within Europe, North America, South America, China, South Korea, Indonesia, the Philippines, Japan, and Australia.
⦁ Product delivery to the Customer is subject to a fee, unless the Sales Agreement states otherwise. Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the "Shipping Costs" tab and during the Order placement process, including when the Customer expresses their intention to be bound by the Sales Agreement. ⦁ Personal collection of the Product by the Customer is free of charge.

§ 10
Right of Withdrawal

⦁ The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
⦁ The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or a person designated by the Consumer other than the carrier.
⦁ In the case of an Agreement covering multiple Products delivered separately, in batches, or in parts, the period specified in paragraph 1 begins upon delivery of the last item, batch, or part.
⦁ In the case of an Agreement involving the regular delivery of Products for a specified period (subscription), the period specified in paragraph 1 begins upon taking possession of the first item.
⦁ The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the withdrawal period, it is sufficient for the Consumer to send the declaration before the expiry of this period. ⦁ The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller's email address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration may also be submitted on the form, a template of which is attached as Annex 1 to these Terms and Conditions and as an annex to the Act of 30 May 2014 on Consumer Rights, but this is not mandatory.

⦁ If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the email address provided by the Consumer.

Effects of Withdrawal from the Contract:
⦁ In the event of withdrawal from a Distance Contract, the Contract is deemed not to have been concluded.
⦁ In the event of withdrawal from the Contract, the Seller shall immediately, no later than 14 days from the date of receipt of the Consumer's notice of withdrawal, refund all payments made by the Consumer, including the costs of delivery, excluding additional costs resulting from the Consumer's choice of a delivery method other than the least expensive standard delivery method offered by the Seller.
⦁ The Seller shall refund the payments using the same payment methods used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not incur any costs for the Consumer.
⦁ The Seller may withhold the refund until the Product is returned or until proof of its return is provided, whichever occurs first. ⦁ The Consumer should return the Product to the Seller's address provided in these Terms and Conditions immediately, no later than 14 days from the date on which they informed the Seller of their withdrawal from the Contract. The deadline will be met if the Consumer returns the Product before the 14-day period expires.

⦁ The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.

⦁ The Consumer is only liable for any diminished value of the Product resulting from its use other than necessary to establish the nature, characteristics, and functioning of the Product.

⦁ If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.

The right to withdraw from a distance contract does not apply to the Consumer in relation to a contract:
⦁ where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet their individual needs,
⦁ where the subject of the service is an item delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
⦁ where the subject of the service is an item that spoils quickly or has a short shelf life,
⦁ for the provision of services, 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 Seller has performed the service, they will lose the right to withdraw from the contract,
⦁ 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 expiry of the withdrawal period,
⦁ where the subject of the service are items that, due to their nature, after delivery, nature, are inextricably linked to other items,
⦁ where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control,
⦁ where the subject of the service are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
⦁ for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription agreement,
⦁ for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the Consumer's express consent before the expiry of the withdrawal period and after the Seller informed them of the loss of the right to withdraw from the Agreement,

§ 11
Complaints and Warranty

⦁ The Sales Agreement covers new Products. ⦁ In the event of a defect in goods purchased from the Seller, the Customer has the right to file a complaint based on the warranty provisions of the Civil Code.
⦁ Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Terms and Conditions.
⦁ The Seller will respond to the complaint promptly, no later than within 14 days. If the Seller fails to respond within this period, the Customer's request will be deemed justified.
⦁ Goods returned under the complaint procedure should be sent to Lutniowa 27, Gdańsk 80-298.
⦁ If a warranty has been granted for the Product, information about it and its content will be included in the Product description in the Store.

§ 12
Out-of-court complaint and redress procedures

⦁ Detailed information regarding the Consumer's ability to use out-of-court complaint and redress procedures, as well as the rules for accessing these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

⦁ The Consumer has the following examples of out-of-court complaint and redress procedures:
⦁ The Consumer has the right to refer to a permanent consumer arbitration court, referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
⦁ The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings to amicably resolve the dispute between the Consumer and the Seller. ⦁ Consumers may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Polish Consumer Association).

§ 13
Personal Data in the Online Store

⦁ The Seller is the controller of Customers' personal data collected through the Online Store.
⦁ Customers' personal data collected by the controller through the Online Store are collected for the purpose of fulfilling the Sales Agreement and, if the Customer consents, also for marketing purposes.
⦁ The recipients of Customers' personal data in the Online Store may be:
⦁ In the case of a Customer who uses postal or courier delivery in the Online Store, the Controller shares the collected Customer's personal data with the selected carrier or intermediary handling shipments on behalf of the Controller. ⦁ In the case of a Customer who uses electronic payments or a payment card in the Online Store, the Administrator shares the Customer's collected personal data with the selected entity handling these payments in the Online Store.
4. The Customer has the right to access and correct their data.
5. Providing personal data is voluntary, however, failure to provide the personal data required to conclude a Sales Agreement as specified in the Terms and Conditions will result in the inability to conclude such an agreement.

§ 14
Final Provisions

1. Agreements concluded through the Online Store are concluded in Polish or English, at the Customer's request.
2. The Seller reserves the right to amend the Terms and Conditions for important reasons, including: changes in legal provisions, changes in payment and delivery methods – to the extent such changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any changes at least 7 days in advance.
3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; Consumer Rights Act, Personal Data Protection Act.
4. Customers have the right to use out-of-court complaint and redress procedures. To this end, they may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.