Terms of service

§1.

1. The owner and administrator of the online store javacoffee.pl, available at www.javacoffee.pl, is Java Coffee Company z o.o., headquartered in Warsaw at ul. Palisadowa 20/22 (01-940 Warsaw), registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under number 0000069052, having NIP: 5213214532, REGON number: 017395488, and share capital of: 101,500.00 zł ("Service Provider" or "Seller"), email: info@javacoffee.pl, phone number +48 22 299 62 42.

2. These Terms and Conditions define the conditions for the provision of Services and the sale of Goods by the Seller via the Store, as well as the rights and obligations of the Customer and the Service Provider.

3. The User is obliged to read the Terms and Conditions before using the Store.

4. The Store provides the ability to download, save, and print the Terms and Conditions.

§2.

Capitalized terms should be understood as follows:

a) Business Days – these are days from Monday to Friday, excluding public holidays;

b) Order Form – the form available on the Store's website that allows placing an Order;

c) Civil Code – the Act of April 23, 1964, as amended;

d) Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to their business or professional activity;

e) Account – an individual collection of resources in the Service Provider's IT system, marked with a unique name (login) and password, where the Service Recipient's data, including information about Orders placed, is collected;

f) Client – a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; a legal person; or an organizational unit without legal personality, which the law grants legal capacity; – who places an Order in the Online Store;

g) Newsletter – an informational bulletin sent by the Service Provider at the User's request to the email address provided by them;

h) Store – the online store available at the domain javacoffee.pl;

i) Terms and Conditions – these Terms and Conditions, specifying the conditions for using the Store and the sale of Goods via the Store;

j) Seller/Service Provider – Java Coffee Company z o.o., headquartered in Warsaw at ul. Palisadowa 20/22 (01-940 Warsaw), registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under number 0000069052, having NIP: 5213214532, REGON number: 017395488;

k) Subscription – a method of ordering Goods allowing the Client to receive a specified type and kind of Goods each month from the start of the subscription until it is canceled;

l) Goods – a movable item or service available in the Store's offer, which is the subject of the Sales Agreement between the Client and the Seller;

m) Sales Agreement – a sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Client;

n) Services – services provided electronically by the Seller to the Clients within the meaning of the Act of July 18, 2002, as amended, on providing services by electronic means;

o) Service Recipient – a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; a legal person; or an organizational unit without legal personality, which the law grants legal capacity; – who uses or intends to use the Services;

p) User – the Buyer. The Service Recipient and any natural person, legal person, or organizational unit without legal personality, freely using the Store;

q) Consumer Rights Act – the Act of May 30, 2014, on consumer rights, as amended;

r) Order – the Client's declaration of will, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Goods or type of Subscription being purchased;

§4.
Goods and Orders

1. The Store sells Goods via the Internet and in-store at Palisadowa 20/22 (01-940 Warsaw).

2. Goods offered in the Store are new, free from physical and legal defects, and have been legally introduced to the Polish market.

3. Information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Client submits an offer to buy a specified Good on the conditions provided in its description.

4. The price of the Goods displayed on the Store's website is in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.

5. The price of the Goods displayed on the Store's website is binding at the time the Client places the Order. This price will not change regardless of changes in the Store that may appear for individual Goods after the Client places the Order.

6. Orders can be placed via the website using the Store's Order Form – 24 hours a day, all year round.

7. To place an Order, the Client is not required to register an Account in the Store.

8. A condition for placing an Order in the Store by the Client is reading and accepting the Terms and Conditions during the Order placement.

9. Promotional (sale) Goods have a limited number of pieces, and Orders for them will be processed in the order they are received until the stock of the given Good is exhausted.

10. The Seller offers clients the option of a subscription model for orders. The Client can subscribe to receive a specific type of Product on a recurring basis, allowing them to receive the chosen Product type each month for the selected subscription period.

11. The Seller offers a monthly subscription period implemented cyclically. Subscribing involves prepayment for the entire monthly subscription period. The Client can cancel the subscription service no later than 3 days before the planned dispatch of the Subscription Order by canceling the service. If no cancellation is made, the subscription period is extended for another monthly period. In such situations, the Client is obliged to pay for the next monthly subscription period.

12. By entering into an agreement with the Seller and choosing a subscription with a cyclical payment option, the Client consents to the periodic charging of the payment amount corresponding to the subscription fee by the Payment Operator (PayPro S.A.) from the payment card. The payment will be charged by the Payment Operator once a month.

13. Within the cyclical payment service, the Client has the option to save the card data and set up a standing order. The card data will be stored by the Payment Operator (PayPro S.A.).

§5.
Conclusion of the Sales Agreement

1. To conclude a Sales Agreement, the Client must first place an Order using the methods provided by the Seller, in accordance with § 3 points 6 and 8 of the Terms and Conditions.

2. After placing an Order, the Seller immediately confirms its receipt.

3. The confirmation of the Order receipt, referred to in paragraph 2 of this section, binds the Client to their Order. The confirmation of the Order receipt is sent by email.

4. The Order receipt confirmation contains:

a) confirmation of all significant elements of the Order,
b) a withdrawal form,
c) these Terms and Conditions containing information on the right to withdraw from the contract.

5. After verifying the Order, the Seller immediately confirms the acceptance of the Order for processing by sending an email. The confirmation of the Order acceptance for processing binds the Client to their Order.

6. Upon receipt of the email referred to in paragraph 4 or 5 of this section, a Sales Agreement is concluded between the Client and the Seller.

7. Each Sales Agreement will be confirmed by a proof of purchase (VAT invoice), which will be attached to the Goods and/or sent by email to the Client's email address provided in the Order Form.

§6.
Payments

1. The Seller provides payment via an electronic payment system (Przelewy24.pl).

2. In the case of payment via an electronic payment system, the Client makes the payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.

3. The Client is obliged to make the payment for the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement states otherwise.

4. The Goods will be shipped only after payment is received.

5. The payment card operator is PayPro S.A. Payment Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under number KRS 0000347935, NIP 7792369887, REGON 301345068.

§7.
Delivery

1. The delivery costs of the Goods, which are covered by the Client, are determined during the Order placement process and depend on the chosen payment method and delivery method of the purchased Goods.

2. Orders are sent to the Client within 2 business days, counted from the moment of positive transaction authorization by the electronic payment system.

§8.
Product Complaint and Entrepreneur's Warranty

Consumer and Entrepreneur with Consumer Rights Complaint

1. The Goods are compliant with the contract if they meet the following criteria in particular:

a) description, type, quantity, quality, completeness, and functionality;
b) suitability for a particular purpose for which it is needed by the Consumer or Entrepreneur with Consumer Rights, of which the Consumer or Entrepreneur with Consumer Rights informed the Seller no later than at the time of contract conclusion and which the Seller accepted.

In addition, the Goods must:

a) be suitable for the purposes for which goods of the same type are usually used, taking into account applicable laws, technical standards, or good practices;
b) be in such quantity and have such features, including durability and safety, and for Goods with digital elements – also functionality and compatibility, typical for goods of the same type, which the Consumer or Entrepreneur with Consumer Rights can reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, their legal predecessors, or persons acting on their behalf, especially in advertising or on the label, unless the Seller proves that:
i. they did not know about the public assurance and, when reasonably assessed, could not have known about it;
ii. the public assurance was corrected before the contract conclusion under the same conditions and in the same form as it was made, or in a comparable way;
iii. the public assurance did not influence the Consumer's or Entrepreneur with Consumer Rights' decision to conclude the contract.

c) be delivered with packaging, accessories, and instructions that the Consumer or Entrepreneur with Consumer Rights can reasonably expect;
d) be of the same quality as the sample or model that the Seller provided to the Consumer or Entrepreneur with Consumer Rights before the contract conclusion and correspond to the description of such a sample or model.

3. The Seller is not liable for the lack of compliance of the Goods with the contract to the extent specified in §8 point 2, if the Consumer or Entrepreneur with Consumer Rights was explicitly informed, no later than at the time of contract conclusion, that a specific feature of the Goods deviates from the compliance requirements with the contract specified in §8 point 2, and explicitly and separately accepted the lack of a specific feature of the Goods.

4. The Seller is liable for the lack of compliance of the Goods with the contract existing at the time of its delivery and revealed within two years from that moment, unless the shelf life specified by the Seller, their legal predecessors, or persons acting on their behalf is longer. It is presumed that the lack of compliance of the Goods with the contract revealed before the lapse of two years from the delivery of the goods existed at the time of their delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the Goods or the nature of the lack of compliance of the Goods with the contract.

5. The Seller cannot invoke the expiry of the period for identifying the lack of compliance of the Goods with the contract specified in §8 point 4 if the lack was fraudulently concealed.

6. If the Goods are not compliant with the contract, the Consumer or Entrepreneur with Consumer Rights may demand their repair or replacement.

7. The Seller may replace the Goods when the Consumer or Entrepreneur with Consumer Rights demands repair, or the Seller may repair the Goods when the Consumer or Entrepreneur with Consumer Rights demands replacement, if bringing the Goods into compliance with the contract in the manner chosen by the Consumer or Entrepreneur with Consumer Rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the goods into compliance with the contract.

8. When assessing the excessiveness of costs for the Seller, all circumstances of the case are considered, especially the significance of the lack of compliance of the Goods with the contract, the value of the Goods compliant with the contract, and the excessive inconvenience for the Consumer or Entrepreneur with Consumer Rights caused by changing the way of bringing the Goods into compliance with the contract.

9. The Seller performs the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer or Entrepreneur with Consumer Rights about the lack of compliance with the contract, and without excessive inconvenience for the Consumer or Entrepreneur with Consumer Rights, considering the nature of the Goods and the purpose for which the Consumer or Entrepreneur with Consumer Rights purchased them. The costs of repair or replacement, including postal fees, transportation, labor, and materials, are borne by the Seller.

10. The Consumer or Entrepreneur with Consumer Rights makes the Goods available to the Seller for repair or replacement. The Seller collects the Goods from the Consumer or Entrepreneur with Consumer Rights at their own expense.

11. The Consumer or Entrepreneur with Consumer Rights is not obliged to pay for the ordinary use of the Goods that were subsequently replaced.

12. If the Goods are not compliant with the contract, the Consumer or Entrepreneur with Consumer Rights may submit a statement on price reduction or withdrawal from the contract when:

a) the Seller refused to bring the Goods into compliance with the contract in accordance with §8 point 7 above;
b) the Seller failed to bring the Goods into compliance with the contract in accordance with §8 points 9 to 11 above;
c) the lack of compliance of the Goods with the contract continues despite the Seller's attempt to bring the Goods into compliance with the contract;
d) the lack of compliance of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior recourse to the measures specified in §8 points 6 to 11 above;
e) it is evident from the Seller's statement or the circumstances that they will not bring the Goods into compliance with the contract within a reasonable time or without excessive inconvenience for the Consumer or Entrepreneur with Consumer Rights.

13. The Seller is obliged to respond to the Consumer's complaint within 14 days from its receipt.

14. The Seller refunds the amounts due to the Consumer or Entrepreneur with Consumer Rights as a result of exercising the right to reduce the price immediately, no later than within 14 days from the day of receiving the statement of the Consumer or Entrepreneur with Consumer Rights on the price reduction.

15. The Consumer or Entrepreneur with Consumer Rights cannot withdraw from the contract if the lack of compliance of the Goods with the contract is insignificant. It is presumed that the lack of compliance of the Goods with the contract is significant.

16. If the lack of compliance with the contract concerns only some of the Goods delivered under the contract, the Consumer or Entrepreneur with Consumer Rights may withdraw from the contract only concerning those Goods, as well as concerning other Goods acquired by the Consumer or Entrepreneur with Consumer Rights along with the Goods non-compliant with the contract, if it is unreasonable to expect the Consumer or Entrepreneur with Consumer Rights to agree to retain only the compliant Goods.

17. In the event of withdrawal from the contract, the Consumer or Entrepreneur with Consumer Rights immediately returns the Goods to the Seller at their own expense. The Seller refunds the price to the Consumer or Entrepreneur with Consumer Rights immediately, no later than within 14 days from the day of receiving the Goods or proof of their return.

18. The Seller refunds the price using the same payment method used by the Consumer or Entrepreneur with Consumer Rights unless the Consumer or Entrepreneur with Consumer Rights explicitly agreed to a different refund method, which does not involve any costs for them.

§9.
Right to Withdraw from the Sales Agreement

1. Subject to point 11 of this section, a Client who is also a Consumer or an entity referred to in §11 of the Terms and Conditions, who has concluded a Sales Agreement remotely, may withdraw from it without giving any reason by submitting a relevant statement within 14 days. It is sufficient to send the statement provided by the Store to meet this deadline.

2. In the event of withdrawal from the Sales Agreement, the Sales Agreement is considered void, and the Consumer or the entity referred to in §11 of the Terms and Conditions is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller to collect them immediately, but no later than 14 days from the day they withdrew from the Sales Agreement unless the Seller proposed to collect the Goods themselves. It is sufficient to send the Goods back before the deadline to meet the deadline.

3. In the case of withdrawal from the Sales Agreement, the Goods should be returned to the following address: Java Coffee Company z o.o. ul. Palisadowa 20/22 (01-940 Warsaw). The Consumer or the entity referred to in §11 of the Terms and Conditions is responsible for reducing the value of the Goods resulting from using them in a way that goes beyond what is necessary to determine their nature, characteristics, and functioning. To determine the nature, characteristics, and functioning of the Goods, the Consumer or the entity referred to in §11 of the Terms and Conditions should handle and check them only in the same way they would in a physical store.

4. Subject to points 6 and 8 of this section, the Seller will refund the value of the Goods using the same payment method used by the Consumer, unless the Consumer or the entity referred to in §11 of the Terms and Conditions explicitly agreed to a different refund method, which does not involve any costs for them. Subject to point 7 of this section, the refund will be made immediately, no later than within 14 days from the receipt of the withdrawal statement from the Sales Agreement by the Seller.

5. If the Consumer or the entity referred to in §11 of the Terms and Conditions chose a delivery method other than the cheapest ordinary delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by them.

6. If the Seller did not propose to collect the Goods from the Consumer or the entity referred to in §11 of the Terms and Conditions themselves, they may withhold the refund of the payments received from the Consumer until the Goods are returned or proof of their return is provided by the Consumer, whichever occurs first.

7. The Consumer or the entity referred to in §11 of the Terms and Conditions, withdrawing from the Sales Agreement in accordance with point 1 of this section, bears only the direct costs of returning the Goods to the Seller.

8. The fourteen-day period for withdrawing from the contract, in which the Consumer or the entity referred to in §11 of the Terms and Conditions may withdraw from the contract, is counted from the day the Consumer or the entity referred to in §11 of the Terms and Conditions took possession of the Goods, and in the case of a service from the date of conclusion of the contract.

9. The right to withdraw from a contract concluded remotely does not apply to the Consumer or the entity referred to in §11 of the Terms and Conditions in the case of a Sales Agreement:

a) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs;
b) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
c) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
d) in which the subject of the service is a service if the Seller has fully performed the service with the explicit consent of the Consumer, who was informed before the commencement of the service that after the Seller's performance, they would lose the right to withdraw from the contract;
e) in which the subject of the service is an item that is subject to rapid deterioration or has a short shelf life.

10. The right to withdraw from the Sales Agreement applies to both the Seller and the Client if the other party fails to fulfill their obligation under the contract within the specified period.

§10.
Provisions for Entrepreneurs

1. This section contains provisions exclusively for entrepreneurs not covered by the protection resulting from the Consumer Rights Act.

2. The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a Consumer within 14 business days from its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims against the Seller on the part of the Client who is not a Consumer.

3. The Seller has the right to limit the payment methods available to Clients who are not Consumers, including requiring prepayment of part or all of the sale price, regardless of the payment method chosen by the Client and the fact of concluding a Sales Agreement.

4. The benefits and burdens related to the Goods and the risk of accidental loss or damage to the Goods pass to the Client who is not a Consumer upon the Seller handing over the Goods to the carrier. In this case, the Seller is not responsible for the loss, defect, or damage to the Goods arising from the moment of acceptance of the Goods for transport until they are delivered to the Client, nor for delays in the transport of the shipment.

5. In the case of sending Goods to the Client via a carrier, the Client who is not a Consumer is obliged to inspect the shipment at the time and in the manner accepted for shipments of this kind. If they find that during transport, there has been a loss or damage to the Goods, they are obliged to perform all actions necessary to determine the carrier's responsibility.

6. The Service Provider may terminate the service agreement with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a termination statement.

§11.
Provisions for Entrepreneurs with Consumer Rights

1. A sole proprietor (this section does not apply to commercial companies) is covered by the protection provided for by the Consumer Rights Act, provided that the Sales Agreement they conclude with the Seller is not of a professional nature.

2. A person conducting business activities referred to in point 1 of this section is covered by protection only to the extent of:

a) unfair contract terms — so-called abusive clauses,
b) liability for physical and legal defects of the Goods, in accordance with §8 of the Terms and Conditions,
c) the right to withdraw from a contract concluded remotely, in accordance with §9 of the Terms and Conditions.

3. The entrepreneur referred to in point 1 of this section loses the rights arising from consumer protection if the Sales Agreement they concluded with the Seller has a professional nature, which is verified based on the entry of this entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland, especially the Polish Classification of Activities codes listed there.

4. Entrepreneurs referred to in point 1 of this section are not covered by the institutional protection provided to Consumers by district consumer ombudsmen and the President of the Office of Competition and Consumer Protection (UOKiK).

§12.
Electronic Services

1. The Service Provider enables the use of electronic services via the Store, such as:

a) concluding Sales Agreements for Goods,
b) managing an Account in the Store.

3. The Service Provider has the right to place advertising content on the Store's website. These contents are an integral part of the Store and the materials presented therein.

§13.
Provision of Electronic Services

1. The provision of Electronic Services specified in §12 point 1 of the Terms and Conditions by the Service Provider is free of charge.

2. The duration of the agreement:

a) the agreement for the provision of Electronic Services consisting of enabling the placement of an Order in the Store is concluded for a definite period and terminates upon the Order being placed or the cessation of placing it by the Service Recipient.
b) the agreement for the provision of Electronic Services consisting of managing an Account in the Store is concluded for an indefinite period.

3. Technical requirements necessary for cooperation with the Service Provider's IT system:

a) a computer (or mobile device) with Internet access,
b) access to email,
c) an Internet browser,
d) enabling Cookies and Javascript in the browser.

4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, respecting the personal rights and intellectual property rights of third parties.

5. The Service Recipient is obliged to enter data consistent with the actual state.

6. The Service Recipient is prohibited from providing unlawful content.

§14.
Complaints related to the provision of electronic services

1. Complaints related to the provision of Electronic Services via the Store can be submitted by the Service Recipient via email to info@javacoffee.pl.

2. In the above email, as much information and circumstances as possible regarding the subject of the complaint should be provided, especially the type and date of the irregularity and contact details. The provided information will significantly facilitate and expedite the handling of the complaint by the Service Provider .

3. The Service Provider considers the complaint immediately, no later than within 14 days from the date of its submission.

4. The Service Provider's response to the complaint is sent to the Service Recipient's email address provided in the complaint or in another manner provided by the Service Recipient.

1. All content posted on the website at javacoffee.pl is protected by law and (subject to §15 point 3 and elements posted by Service Recipients, used under license, transfer of proprietary copyrights, or permitted use) is the property of the Service Provider.

2. The Service Recipient bears full responsibility for any damage caused to the Service Provider as a result of the use of any content on the javacoffee.pl website without the Service Provider's consent.

3. Any use by anyone, without the explicit written consent of the Service Provider, of any elements constituting the content and content of the javacoffee.pl website constitutes a violation of the Service Provider's copyright and results in civil and criminal liability.

4. All trade names, product names, company names, and their logos used on the Store's website at javacoffee.pl belong to their owners and are used only for identification purposes. All materials, descriptions, and photos presented on the Store's website at javacoffee.pl are used for informational purposes only.

1. Contracts concluded through the Store are concluded in accordance with Polish law.

2. In the event of any inconsistency of any part of the Terms and Conditions with applicable law, the relevant provisions of Polish law will apply in place of the disputed provision of the Terms and Conditions.

3. Any disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiations, with the intention of amicably resolving the dispute, considering the Act on out-of-court consumer dispute resolution. However, if this is not possible or satisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 4 of this section.

4. Judicial dispute resolution:

a) Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer or an entity referred to in §11 of the Terms and Conditions will be submitted to the courts competent in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
b) Any disputes arising between the Service Provider and the Service Recipient (Client) who is not a Consumer, referred to in §10 of the Terms and Conditions, will be submitted to the court competent for the seat of the Service Provider.

5. A Client who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting a request for mediation or a request for the case to be heard by an arbitration court (the form can be downloaded from the website www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php#faq4671. The Consumer can also use the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claims after the complaint procedure is free of charge.

6. To resolve the dispute amicably, the Consumer may, in particular, file a complaint via the ODR (Online Dispute Resolution) platform, available at: https://ec.europa.eu/consumers/odr.

Appendix No. 1

Standard Withdrawal Form

(fill out and return this form only if you wish to withdraw from the contract)

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I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/services (*)/supply of the following digital content (*):

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Date of order (*)/receipt of order (service, digital content/order receipt of goods)

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Name and surname / Name of consumer(s) (*):

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Address of consumer(s):

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Signature of consumer(s) (only if this form is notified on paper):

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*delete as appropriate