TERMS AND CONDITIONS | Katarzyna Grad

§ 1 General

1.1. This regulation governs the rules for using the Online Store operated at www.katarzynagrad.com.

1.2. The online store, operating under the address www.katarzynagrad.com (hereinafter referred to as “Katarzyna Grad Online Store”), is operated by Centrum Rozwoju Persona sp. z o.o., located at Grunwaldzka 56 lok. 113, 80-241 Gdańsk, NIP: 954 2818434 (hereinafter referred to as “Katarzyna Grad”).

1.3. The contact details of the entrepreneur that enable the Buyer to contact the Seller are as follows:

postal address: Grunwaldzka 56 lok. 113, 80-241 Gdańsk, NIP: 954 2818434
phone number: +48 665 194 440
email address: kontakt@katarzynagrad.com

1.4. The regulations of the Katarzyna Grad online store are continuously available on the website www.katarzynagrad.com, allowing Customers to obtain, view, and retain its content. The regulations are also provided to Customers before the conclusion of the contract.

§ 2 Definitions

The terms used in these regulations mean:

2.1. Consumer – a natural person as defined in Article 221 of the Civil Code,

2.2. Entrepreneur with consumer rights – a natural person who concludes a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for that person, in particular, as a result of the subject of their business activity disclosed under the regulations on the Central Register and Information on Business Activity,

2.3. Entrepreneur – a natural person, legal entity, or organizational unit that is not a legal person but has legal capacity granted by law, conducting business or professional activity on their own behalf and performing legal actions related directly to their business or professional activity,

2.4. Service Provider/Seller – Centrum Rozwoju Persona sp. z o.o., Grunwaldzka 56 lok. 113, 80-241 Gdańsk, NIP: 954 2818434

2.5. Online Store – the online store operated under www.katarzynagrad.com/sklep by Katarzyna Grad

2.6. Civil Code – the Act of April 23, 1964 (Dz.U.2020.1740),

2.7. Product – available in the Online Store

(1) movable item (including a movable item with digital elements, i.e., containing digital content or a digital service, or combined with them in such a way that the lack of digital content or a digital service would prevent its proper functioning),
(2) digital content or
(3) service (including digital and non-digital services) which are the subject of the Sales Agreement between the Customer and the Seller,

2.8. Regulations – these regulations for providing services electronically in the meaning of Article 8 of the Act on the Provision of Electronic Services of July 18, 2002 (Dz.U.2020.344),

2.9. Customer/Buyer – a natural person, legal entity, or organizational unit not being a legal person, to whom special provisions grant legal capacity, who makes or intends to make an Order through the Online Store using electronic means, including Consumers, Entrepreneurs with consumer rights, and Entrepreneurs,

2.10. Order – the Customer’s declaration of will in which the Customer accepts the Seller’s offer, which includes, among other things, the price, type, quantity of Products in the Sales Agreement via the Online Store.

2.11. Sales Agreement – a contract for the sale of a Product concluded or to be concluded between the Customer and the Seller via the Online Store. The Sales Agreement also includes, accordingly, a contract for the delivery of digital content or a digital service (for Products that are digital content or digital services), and a contract for the provision of services (for Products that are non-digital services).

2.12. Consumer Rights Act – the Act of May 30, 2014, on consumer rights (Dz.U.2020.287).

§ 3 Rules for Using the Online Store

3.1. The prices of all Products in the Online Store are gross prices (including VAT) and are expressed in Polish zlotys. Any exceptions to the Polish currency rule are clearly indicated next to the Product price.

3.2. The Seller uses discount codes in the Katarzyna Grad Online Store, which entitle the Customer to purchase Products with a discount indicated on the coupon. Discount codes cannot be exchanged for cash.

3.3. To place an order in the Katarzyna Grad online store, it is necessary to accept these Regulations.

3.4. To successfully place an order in the Katarzyna Grad Online Store, it is necessary to have a device with internet access that enables browsing websites, as well as a keyboard or another device that allows the correct completion of electronic forms. It is recommended to use the latest versions of browsers such as Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.

3.5. The Online Store’s website uses Responsive Web Design (RWD) technology, which adjusts the content of the website to the device on which it is displayed. The website is prepared for display on both desktop computers and mobile devices.

3.6. The Katarzyna Grad Online Store website has an SSL certificate – a secure communication encryption protocol.

§ 4 Conditions for Concluding a Sales Agreement

4.1. Orders in the Katarzyna Grad Online Store can be placed by filling out the appropriate forms available on the store’s pages.

4.2. When placing an order, the Customer is required to provide accurate personal data: first and last name, residential address, email address, and mobile phone number.

4.3. After receiving the order, the Seller confirms its receipt and simultaneously informs the Customer about the acceptance of the Order for processing. The order confirmation occurs by sending an appropriate email message to the Customer’s address provided in the order form. The agreement is considered concluded at the moment the Seller confirms the acceptance of the order for processing.

4.4. The provision and retention of the content of the sales agreement takes place by making these Regulations available on the Online Store’s website, sending the relevant information to the Customer’s email address provided when placing the order, as referred to in §4 point.

4.5. Orders in the Katarzyna Grad Online Store can be placed 24 hours a day, seven days a week throughout the year.

§ 5 Payment Methods and Payment Term

5.1. In the Katarzyna Grad store, the following payment methods are available:

– bank transfer to the Seller’s account,
– cash on delivery,
– via external payment service providers.

5.2. After placing the order, the Customer receives an email with the bank account number to transfer the appropriate amount. Once the payment is recorded on the store’s bank account, the order is forwarded for processing.

5.3. The Katarzyna Grad Online Store allows payment through the following external electronic payment services:

– Tpay.com
– PayU
– PayPal
– Przelewy24

5.4. The Customer is required to make the payment using one of the above methods within 7 calendar days from the date of the conclusion of the sales contract.

5.5. In the case of choosing cash on delivery, the Customer is obligated to make the payment upon receipt of the shipment.

§ 6 Delivery

6.1. The ordered Products are delivered exclusively within the territory of the Republic of Poland and are shipped to the address provided by the Customer in the order form.

6.2. The shipping time for the Products, as indicated on the Katarzyna Grad store website, is 48 hours. The Seller will make every effort to ensure that the Product is delivered within the time specified on the product page of the online store. If delivery cannot occur within the aforementioned time, the Buyer will be promptly informed.

6.3. The delivery of the ordered Products is carried out via:

DHL Parcel
UPS
GLS
InPost Courier
DPD Courier
RUCH Parcel
Polish Post
GEIS
InPost Parcel Lockers

6.4. Upon the transfer of the Product to the courier company, the Customer will be notified of this by an email sent to the address provided in the order.

6.5. The Customer may also collect the ordered Product personally at the Katarzyna Grad company’s headquarters. In the case of personal pickup, the Buyer does not incur any delivery costs.

6.6. The delivery costs for the Product, in addition to the price of the Product, are indicated on the Store’s website during the order process.

6.7. The delivery cost for the Product in case of cash on delivery is fully covered by the Customer.

6.8. Upon receiving the Product, the Customer is required to confirm its receipt. From that moment, the Product becomes the property of the Customer.

6.9. In the case of a Sale Agreement for a Product that is digital content or a digital service, access to the Product will be granted immediately after payment is processed, for example, by making the digital content or service available on the Customer’s Account in the Online Store or by sending a unique link (URL) enabling access to it to the email address provided by the Customer during the order process.

6.10. Using the Products—digital content and services available in the Online Store—is possible for the time period specified in the agreement, under the licensing terms applicable to the given Product as indicated in its description, and if these are absent, in a manner and to the extent necessary for the use of the Product in accordance with its intended purpose and subject matter, solely for the Customer’s personal use. If the individual licensing conditions for the Product do not specify otherwise, the Customer does not have any copyright rights to the Product—digital content and services, especially the right to distribute or commercialize them in any form.

§ 7 Withdrawal from the Agreement

7.1. A Consumer who entered into a distance contract may withdraw from it within 14 calendar days without providing a reason and without incurring costs, except for the costs specified in this section of the Terms and Conditions.

7.2. To exercise the right mentioned in the previous point, the Consumer must inform the Seller by submitting a declaration of withdrawal from the agreement. The declaration can be sent by mail to: ul. Grunwaldzka 56 lok. 113, 80-241 Gdańsk, NIP: 954 2818434, or electronically to the Seller’s email address contact@katarzynagrad.com. The Consumer may use the withdrawal form provided by the Seller or the model form attached as Annex No. 2 to the Consumer Rights Act, but this is not mandatory. To meet the deadline for withdrawal, it is sufficient to send the declaration before the deadline expires. A declaration of withdrawal made after the deadline specified in §7 point 7.1 will have no legal effect.

7.3. The withdrawal form (Annex No. 1 to these Terms and Conditions) is provided to the Customer in paper form (in the documentation attached to the shipment) and in electronic form (as an attachment to the email confirming the acceptance of the order for fulfillment).

7.4. The time for withdrawal from the agreement starts:

a. for an agreement where the Seller delivers a Product, being obliged to transfer its ownership (e.g., a movable Product)—from the moment the Product is taken into possession by the Consumer or a third party indicated by them, other than the carrier, and for an agreement that: (1) includes several Products delivered separately, in batches or parts— from the moment the last Product, batch, or part is taken into possession, or (2) is for regular delivery of Products for a specified time— from the moment the first Product is taken into possession;

b. for other agreements (e.g., a Product that is digital content or a digital service)—from the date of conclusion of the agreement.

7.5. The Consumer bears the direct costs of returning the Product. The Consumer is obliged to properly secure the returned Product to prevent damage during transport.

7.6. The Consumer is obliged to return the Product without undue delay, but no later than 14 days from the date of withdrawal from the agreement. The Seller may stipulate that in the case of withdrawal from the agreement, the returned Product will be collected by them or a person authorized by them. The return of the Product should be made to the address: ul. Pogodna 65A, 05-077 Warsaw.

7.7. The Consumer is responsible for the decrease in the value of the Product resulting from the use of the Product in a manner beyond what was necessary to establish the nature, features, and functioning of the Product.

7.8. In the case of withdrawal from the agreement, all payments made by the Consumer, including the cost of delivering the Product (except for additional costs resulting from the Consumer’s chosen delivery method that is different from the cheapest standard delivery method available in the Online Store), will be refunded by the Seller without undue delay, but no later than 14 days from the day the Seller receives the Consumer’s declaration of withdrawal. The payment refund will be made using the same payment method used by the Consumer. The Seller, in agreement with the Consumer, may agree on a different refund method that will not incur additional costs for the Consumer. If the Seller has not stipulated that they will collect the Product from the Consumer, they may withhold the refund until the Product is received back or the Consumer provides proof of its return, depending on which event occurs first.

7.9. In the case of a Product that is a service, the execution of which—at the explicit request of the Consumer—has begun before the withdrawal period expires, the Consumer, who exercises the right to withdraw from the agreement after such a request, is obliged to pay for the services performed until the moment of withdrawal from the agreement. The payment amount will be calculated in proportion to the extent of the service provided, based on the agreed price or fee. If the price or fee is excessive, the market value of the service provided will serve as the basis for this calculation.

7.10. In the case of a Product that is digital content or a digital service, the following additional rules apply—other provisions of §7 of the Terms and Conditions apply to the extent not regulated below:

a. In the event of withdrawal from the agreement for the delivery of a Product—digital content or a digital service—the Seller, from the moment of receiving the Consumer’s declaration of withdrawal, may not use content other than personal data provided or created by the Consumer during the use of the Product—digital content or digital service—provided by the Seller, except for content that: (1) is useful solely in connection with the digital content or digital service that was the subject of the agreement; (2) relates only to the Consumer’s activity during the use of the digital content or digital service provided by the Seller; (3) has been merged by the Seller with other data and cannot be separated or can only be separated with disproportionate effort; (4) has been created by the Consumer in collaboration with other Consumers who can still use it. Except in the cases mentioned above in points (1)-(3), the Seller shall, at the Consumer’s request, provide them with content other than personal data that was provided or created by the Consumer during the use of the digital content or digital service. In the event of withdrawal from the agreement, the Seller may prevent the Consumer from further using the digital content or digital service, particularly by preventing access to the digital content or service or by blocking their account in the Store, which does not affect the Consumer’s rights mentioned in the previous sentence. The Consumer has the right to retrieve digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time, and in a commonly used machine-readable format.

b. In the event of withdrawal from the agreement for the delivery of a Product—digital content or a digital service, the Consumer is obliged to cease using that digital content or service and refrain from sharing it with third parties.

7.11. The right to withdraw does not apply to contracts specified in Article 38 of the Consumer Rights Act, particularly in the case of agreements:

(1) for the provision of services for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the explicit and prior consent of the Consumer, who was informed before the service commenced that, after the Seller’s performance, the right to withdraw from the agreement would be lost, and the Consumer accepted this knowledge;

(2) where the subject of performance is a non-prefabricated Product made according to the Consumer’s specifications or intended to satisfy their individualized needs;

(3) where the subject of performance is a Product that spoils quickly or has a short shelf life;

(4) where the subject of performance is a Product delivered in a sealed package, which, once opened, cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery;

(5) for the delivery of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay a price, if the Seller has started the service with the explicit and prior consent of the Consumer, who was informed before the service commenced that, after the Seller’s performance, the right to withdraw from the agreement would be lost, and the Seller provided the Consumer with confirmation as referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.

7.12. The provisions of this §7 of the Terms and Conditions regarding the Consumer also apply to Entrepreneurs on Consumer Rights.

§8 Complaints

8.1. The basis and scope of the Seller’s liability towards the Customer are defined by the generally applicable provisions of law and the following provisions of the Terms and Conditions. The following provides additional information regarding the legal liability of the Seller for the conformity of the Product with the Sales Agreement:

a. In the case of complaints regarding a movable Product purchased by the Customer based on a Sales Agreement concluded with the Seller by December 31, 2022, the Seller’s liability is governed by the provisions of the Civil Code in force until December 31, 2022, particularly Articles 556-576 of the Civil Code. These provisions define, among other things, the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty). According to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for a Product purchased in accordance with the previous sentence towards a Customer who is not a Consumer is excluded.

b. In the case of complaints regarding a movable Product (including movable goods with digital elements), excluding movable goods that serve exclusively as a carrier of digital content, purchased by the Customer based on a Sales Agreement concluded with the Seller from January 1, 2023, the Seller’s liability is governed by the provisions of the Consumer Rights Act in force from January 1, 2023, particularly Articles 43a – 43g of the Consumer Rights Act. These provisions define, among other things, the basis and scope of the Seller’s liability towards the Consumer in the case of non-conformity of the Product with the Sales Agreement.

c. In the case of complaints regarding a movable Product, digital content, or a movable good serving exclusively as a carrier of digital content purchased by the Customer based on a Sales Agreement concluded with the Seller from January 1, 2023, or before this date if the delivery of such a Product was to take place or took place after this date, the Seller’s liability is governed by the provisions of the Consumer Rights Act in force from January 1, 2023, particularly Articles 43h – 43q of the Consumer Rights Act. These provisions define, among other things, the basis and scope of the Seller’s liability towards the Consumer in the case of non-conformity of the Product with the Sales Agreement.

8.2. In case of mechanical damage occurring during delivery or in case of another complaint directed to the Seller, the Buyer should send the complaint in writing to the address: ul. Grunwaldzka 56 lok. 113, 80-241 Gdańsk, NIP: 954 2818434 or via email to kontakt@katarzynagrad.com.

8.3. It is recommended that the complaint specifies: the defect that, according to the Customer, the Product has, and if possible, documents the defect, the date of occurrence of the defect, the requested method of bringing the Product into conformity with the contract, or other claims by the Customer, and provide contact details. These requirements are recommendations, and their absence does not affect the validity of the complaint.

8.4. The Seller will respond to the complaint within 14 days from the receipt of the complaint.

8.5. The above provisions regarding the Consumer apply also to Entrepreneurs on Consumer Rights.

8.6. Detailed information regarding the possibility for a Customer who is a Consumer to use extrajudicial methods of handling complaints and claims and the principles of access to these procedures are available at the offices and websites of provincial (municipal) consumer ombudsmen, social organizations whose statutory task is to protect consumers, Provincial Inspectorates of the Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: 8.6.1. http://www.uokik.gov.pl/spory_konsumenckie.php
8.6.2. http://www.uokik.gov.pl/sprawy_indywidualne.php
8.6.3. http://www.uokik.gov.pl/wazne_adresy.php

8.7. A Consumer Customer has, in particular (but not exclusively), the following example options to use extrajudicial methods of handling complaints and claims: 8.7.1. The Customer has the right to apply to the permanent consumer arbitration court mentioned in Article 37 of the Act of December 15, 2000, on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request to resolve the dispute arising from the concluded Sales Agreement. The regulations on the organization and operation of permanent consumer arbitration courts are defined in the ordinance of the Minister of Justice of July 6, 2017, on the regulation of the organization and operation of permanent arbitration courts under the provincial Trade Inspection Inspectorates (Journal of Laws of 2017, item 1356).

8.7.2. The Customer is entitled to submit a request to the provincial Trade Inspection Inspector according to Article 36 of the Act of December 15, 2000, on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended) to resolve the dispute between the Customer and the Seller extrajudicially. Information on the rules and procedures for mediation conducted by the provincial Trade Inspection Inspector is available at the offices and websites of the Provincial Trade Inspection Inspectorates.

8.7.3. The Customer can file a complaint through the ODR platform: http://ec.europa.eu/consumers/odr/. The ODR platform also provides information about extrajudicial dispute resolution methods that may arise between entrepreneurs and Consumers.

§9 Rules for Publishing Reviews

9.1. The Seller allows the publication of reviews on their Products on the Online Store’s pages. Reviews should be written in Polish while adhering to the rules of proper Polish grammar.

9.2. A review of a Product can only be submitted for Products actually purchased in the Seller’s Online Store and by the Customer who made the purchase of the reviewed Product. It is prohibited to enter fictitious or apparent Sales Agreements for the purpose of submitting a review about a Product. A review of the Online Store can be submitted by someone who is a Customer of the Online Store.

9.3. Adding reviews by Customers cannot be used for illegal activities, particularly for actions that constitute unfair competition or violate personal rights, intellectual property rights, or other rights of the Seller or third parties. When adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions, and good manners.

9.4. The Seller ensures that published reviews about Products come from its Customers who have purchased the specific Product. To ensure this, the Seller requires that before publishing a review, it undergoes verification. Verification involves checking whether the reviewer is a Customer of the Online Store (for example, by checking if the reviewer is in the Customer database), and in the case of a review about a Product, whether they purchased the reviewed Product. Verification is carried out without undue delay.

9.5. In case of doubts or objections raised by other Customers or third parties regarding whether a review originates from a Customer or whether a given Customer purchased the Product, the Seller reserves the right to contact the author of the review to clarify and confirm that they are indeed a Customer of the Online Store or have made the purchase of the reviewed Product.

9.6. Reviews are subjective statements by Customers and do not constitute the opinion of the Seller.

9.7. The Buyer/Customer is obliged to submit reviews that do not violate applicable laws or the rights of third parties. The Customer is fully responsible for the statements they post in the Online Store of Katarzyna Grad.

9.8. The Seller does not post or commission the posting of false reviews or recommendations by Customers, nor does it distort reviews or recommendations by Customers to promote its Products. The Seller publishes both positive and negative reviews. The Seller does not publish sponsored reviews.

§10 Personal Data

10.1. The Administrator of personal data is the Seller.
10.2. The rules for personal data protection are available in the Privacy Policy of the Katarzyna Grad online store available on the website www.katarzynagrad.com.

§11 Final Provisions

11.1. The Seller reserves the right to make changes to these Terms and Conditions for important reasons. Any changes to the Terms and Conditions come into force at the time indicated by the Seller, but not earlier than 7 days.

11.2. The amended Terms and Conditions bind the Buyer/Customer if the requirements specified in Articles 384 and 384 [1] of the Civil Code are met, that is, if they have been properly informed about the changes and have not terminated the agreement within 14 calendar days from the date of notification.

11.3. According to Article 8(3)(2)(b) of the Act of July 18, 2002, on the provision of electronic services, the entity using the Online Store’s website is obligated not to place unlawful content on the site.

11.4. In matters not regulated by these Terms and Conditions, the relevant provisions of the Civil Code and the Act of May 30, 2014, on consumer rights shall apply.

11.5. These Terms and Conditions are available at the website www.katarzynagrad.com.

11.6. Agreements with the Seller are concluded in Polish.

11.7. These Terms and Conditions come into force on March 13, 2025.

Attachment No. 1 to the Terms and Conditions

FORM OF WITHDRAWAL FROM THE AGREEMENT

[This form must be filled out and sent only if the Customer wishes to withdraw from the agreement.]

Recipient:
ul. Grunwaldzka 56 lok. 113
80-241 Gdańsk

I/We hereby inform that I/we withdraw from the sales agreement for the following items() of the agreement for the delivery of the following items().

Date of the agreement()/receipt() 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

(*) Delete as applicable