TERMS and CONDITIONS of ANNIEM Online Store

1. General provision.

1. The following document outlines the general terms and conditions of electronic provision of services and the purchase of items carried out via the Online Store www.anniem.pl with its registered office in Kraków, 35/113 Zabłocie, 30-701 Kraków, holding the tax identification number (NIP) 817201240, and statistical number REGON 388443952 (hereinafter referred to as the Seller).
2. Contact with the Seller is possible through one of the following methods:

• email address: sklep@anniem.pl
• phone number: 531 672 013
• contact form available on: www.anniem.pl/kontakt

1. The following document is continuously available on www.aniem.pl website, so its contents can be accessed, opened and recorded by printing or saving to a storage medium at any time.

2. Definitions

The following terms used in these Terms and Conditions have the following meaning:

1. Working Days – weekdays from Monday to Friday, excluding Polish statutory holidays;
2. Consumer – a natural person of legal age with full capacity to enter into legal transactions, a natural person running a business activity, legal entity or a non-juristic body of persons who under applicable legislation have legal capacity to perform such actions, all of whom purchase from the Seller or use other services available in online store;
3. Civil Code – the Polish Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
4. Customer’s account – an a part of the Online Store assigned to a given Client, with a user name and password, which enables the customer to perform certain actions within the Online Store;
5. Consumer – a Customer who falls under the definition of a Consumer provided in Art. 22 [1] of the Civil Code;
6. Entrepreneur – Consumer – a customer who is a natural person containing a contract directly related to his business activity, when with the content of this contract shows that it does not have a professional character for him, resulting in particular from the subject performed business activity, made available on the basis of the provisions of CEiIDG.
7. Entrepreneur – a customer who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code;
8. Terms and conditions – this document
9. Product – an item available in the online Store, the detailed description of which is available in each presented product
10. Sales agreement – a contract of sale of a Product concluded between the Customer and the Seller within the meaning of the Civil Code.

1. Services – services provided by the Seller to the Customers electronically, within the meaning of Act of 18 July, 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204, as amended);
2. Consumer Rights Act – Act of 30^th May 2014 on Consumers’ rights (Journal of Laws 2014, No. 827)
3. Act on the provision of electronic services – the Act of 18 July, 2002 on providing services by electronic means ( Journal of Laws No. 144, item 1204, as amended);
4. Order – Customer’s declaration of will directly aiming at concluding a Sales Agreement of a Product or Products with the Seller, specifying in particular the type and quantity of the Products

3. General Terms and Conditions of the Online Store.

1. To use the Online Store and to browse the Store’s collection and place orders, the following minimum technical requirements must be met:

• a computer or other multimedia device with access to the Internet;
• an active e-mail account (e-mail);
• a web browser: Internet Explorer version 11.0 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12. 17 or later, Safari version 1.1 or later;
• enabling Cookies and JavaScript in the web browser;

1. Using the Online Store means all Customer activity leading to reviewing the content of the Online Store Website.
2. A customer using the Online Store is obliged in particular to the following:

1. not providing or forwarding content prohibited by law, e.g. violent content, defamatory content, the content violating personal rights and the rights of third parties,

2.use the Online Store in a way that does not interfere with its functioning, especially by using appropriate software and devices,

3. not taking actions related to sending or posting unsolicited commercial information (spam) within the Online Store,

4.use the Online Store in accordance with good conduct and with respect for the personal rights of other entities,

5.use of all the content included in the Online Store for personal use only,

6.use the Online Store in a manner consistent with the applicable law in the territory of Poland and the provisions of these Terms and Conditions, as well as general rules of using the Internet.

4. Services.

1. The Seller enables the use of free services via the Online Store, available 24 hours a day, 7 days a week.
2. Account maintenance service in the Online Store is available after registration. Registration is possible after completing and accepting a registration form available on one of the Online Store webpages. The contract for the provision of a service consisting in running an Account in the Online Store is concluded for an indefinite period. The Customer can terminate the agreement for a Customer Account at any time by sending a request to remove the Customer Account or using the “Delete Account” button.
3. The Customer can send a message to the Seller via the contact form. The contract to provide a service consisting in contacting the Seller via an interactive online form is concluded for a specified period of time and is terminated the moment an answer is given by the Seller.
4. The Customer has the right to post individual and subjective opinions about Products and transaction process on the Online Store Website. Adding a review the Customer declares that he has all the rights to this content, property rights in particular, related rights and industrial rights. The service contract to submit Product reviews is concluded for a specified period of time and is terminated the moment a review is added.
5. Online reviews should be clear and understandable, what is more, they cannot violate applicable legal regulations including third-party rights – they cannot be defamatory, they cannot violate personal rights or represent an act of unfair competition. Submitted reviews are distributed on the Online shop webpages.
6. By submitting a review the Customer allows the Seller to use and publish the review for free, as well as create derivative works under the provisions of the Act of Copyright and Neighbouring Rights (Journal of Laws of 1994, No. 24, item 83);.
7. The Seller has the right to organize occasional contests and sales promotions, the terms of which will always be provided on the Online Store webpages. Promotions available in the Online Store cannot be combined unless the Regulations of a given promotion state otherwise. 
8. In case of violation of the provisions of these Terms and Conditions by the Customer, the Seller, after an unsuccessful call for the cessation or removal of violations with the appointing of an appropriate date, may terminate the agreement for the provision of services with a notice period of 14 days. 

5. The procedure for the conclusion of the Purchase Agreement.

1. Product specifications provided on the Store’s website, in particular product descriptions, technical and use specifications as well as prices, constitute an invitation to conclude an Agreement, in the   meaning of Art. 71 of the Civil Code.
2. All the products available in the Online Store are brand new, free from physical and legal defects, and they have been legally introduced into the Polish market.
3. To place an order, the Customer must have an active email account.
4. When an order is placed via the Order form available on the Online Store Website, the Order is submitted to the Seller by electronic means and constitutes an offer to conclude the purchase agreement of the product specified in the Order. The offer submitted electronically binds the Client when the Seller sends a confirmation of acceptance of the Order to the Client’s e-mail address; this constitutes therefore a statement of the Seller about the acceptance of the Client’s offer and upon its receipt by the Client, the Purchase Agreement is concluded.
5. Placing an order on the Online Shop website via the phone or through email takes place on working days during the hours indicated on the Online Store Website.

To place an order the Customer should:

1.Specify the name of the Product from among the Products available on the Online Store Website, together with its quantity in the message content sent to the Seller

2.Select the mode of payment and the delivery method chosen from the delivery and payment methods available on the Online Shop Website

3.Provide the data necessary for order fulfillment, such as name, surname, residence address and email address.

6. Each time after the order is completed, information about the total Order value is provided by the Seller, either verbally (if the order is placed via phone) or via email along with the information that concluding a sales contract entails an obligation to pay for the Product ordered, and this moment Sales agreement is concluded.
7. If the Customer is the Consumer, the Seller each time after submitting the Order via telephone or electronic mail, sends the Client a confirmation of the terms and conditions for the placed Order. The confirmation message will contain the following information:

• The description of the product ordered
• Unit and total price of the ordered Products or services together with taxes, including cost of delivery and additional costs (if they are applicable)
• Ways to contact the Seller and Seller’s data
• Payment method and deadline
• Delivery method
• Delivery time
• Customer’s contact data
• Customer contact details
• Terms and Conditions
• Information that concluding a contract of sale entails an obligation to pay for the Products ordered
• Information that the Consumer can withdraw from the agreement, and an example of withdrawal declaration

8. The contract is concluded at the moment of sending by the Client who is also a Consumer (in response to the message of confirmation of the terms and conditions regarding the placed Order sent by the Seller) an electronic message to the e-mail address of the Seller, in which the Client: accepts the content of the Order and agrees to its processing, accepts the content of the Terms and Conditions and confirms getting acquainted with the instructions on withdrawal from the Agreement. 
9. After concluding the contract of sale the Seller confirms its terms and conditions by sending them via email or traditional mail to the address provided by the Customer.
10. The contract of sale is concluded in Polish and it is compliant with Terms and Conditions.

6. Delivery information.

1. The delivery is limited to the territory of Poland and European Union countries and is directed to the address indicated by the Customer at the time of placing an order. Delivery outside UE is possible at the Customer’s special request. The terms of such a delivery is individually determined each time.
2. The customer can choose the following ways of delivering goods:

• Via courier company
• Collection in person at the Seller’s pickup location

3. Information from the Seller about the standard time for processing the order and its delivery as well as delivery costs is provided on the Online Store Website.
4. The standard time for processing the order and order delivery is calculated in working days in accordance with point VII.2.
5. The Seller delivers the Products together with a receipt or an invoice according to the Customer’s will.

7. Prices and payment methods.

1. The prices are specified in Polish zlotys or Euro and they include all the cost components including VAT and other fees. In case of delivery outside European Union the costs are determined individually.
2. The Customer may choose among the following methods of payment:

1.Bank transfer to the Seller’s bank account (in this case order processing will start right after sending the Customer order confirmation by the Seller, and the shipment is made as soon as the money arrives on the Seller’s bank account and the order is completed).

2.In cash when items are collected in person – payment at the Seller’s pickup location (in this case, the Order processing will begin immediately after the Seller sends to the Client the confirmation of acceptance of the Order, and the product is available for pick up at the Seller’s collection point).

3.Cash on delivery (available only on the territory of Poland)- payment to the deliverer upon delivery (in this case, the Order processing and shipment will begin after the Seller sends to the Client the confirmation of acceptance of the Order and after the Order is completed).

4.Online payment with Przelewy24 (in this case, Order processing will start after sending to the Customer the Order confirmation and after the Seller receives information from a billing agent system about receipt of the Client’s payment. The shipment will be made immediately after completing the Order)

1. The information about the payment date in which the Customer is obliged to pay for the Order is made available on the Online Store Website in Product description section. In the case of absence of payment within the time frame specified, as referred to in the previous sentence, the Seller after unsuccessful request for payment with an appropriate deadline appointed, may withdraw from the Agreement on the basis of art. 491 of the Civil Code. 

8. The right to withdraw from the agreement.

1. A Customer who falls under the definition of a Consumer or Entrepreneur- Consumer has the right to rescind a remote contract without a cause within 14 days by making a declaration of withdrawal. To comply with this deadline it is enough to sent the declaration before its expiry.
2. The Consumer may give the rescission notice on the web form available at anniem.pl (annex No 1 to Terms and Conditions) or in another written form in line with the Consumer Law.
3. The 14-day period shall run from the day on which the Product was delivered or, in case of service contract, from the date of the contract conclusion.
4. The Seller shall immediately confirm to the Customer, or Entrepreneur- Consumer, to their e-mail address (the one specified at contract conclusion and to another e-mail, if provided in the notice), that the Seller has received the notice of withdrawal.
5. In the event of withdrawal from a contract, the contract is considered as not concluded. The Consumer is obliged to return the Product to the Seller in an unchanged state, unless a change was necessary to determine the nature, specifications and functioning of the Product. The return should be made immediately and no later than within 14 days from the date of informing about withdrawing from the agreement. To keep the deadline, it is sufficient to send the Product before the lapse of the 14-day period to the Seller’s address.
6. In the event of withdrawing from the agreement, the Seller will, immediately but no later than within 14 days from the date of receiving the Consumer’s, or Entrepreneur-Consumer’s statement of withdrawal, return all the payments received from the Consumer including the cost of delivery. The payment will be returned by the Seller with the same payment method that the Consumer, or Entrepreneur-Consumer used, unless the Consumer, or Entrepreneur-Consumer explicitly consents to another payment method – provided that this method does not entail any costs. The Seller may suspend the return of the payments received from the Consumer, or Entrepreneur-Consumer until the receipt of the products, or confirmation of posting the products from the Consumer, whichever comes first, unless the Seller offered to collect the Product.
7. If the Consumer, or Consumer-Entrepreneur choses a method of delivering the product other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs borne by the Consumer, or Consumer-Entrepreneur.
8. The Customer bears only the direct cost of returning the Product, unless the Seller has agreed to cover the cost.
9. In the event of shipment outside Poland, the Consumer or Entrepreneur-Consumer shall not receive the refund of shipping costs. In the event of shipment within the territory of Poland shipping reimbursement shall be made as described above.

9. Warranty against defects claims.

1. The Seller is obliged to deliver goods to Customers without defects.
2. Pursuant to Article 556-576 of Polish Civil Code, the Seller shall be responsible towards a Customers who is a Consumer, or Entrepreneur-Consumer for physical and legal defects (warranty). The Seller shall not be liable towards Entrepreneurs due to warranty of defects. This exclusion does not apply to an Entrepreneur-Consumer.
3. The complaints arising from a breach of the Customer’s rights guaranteed by law or based on these Terms and Conditions shall be submitted to: ANNIE-M Piotr Olszowski, Zabłocie 35/113, 30-701 Kraków, NIP 817201240, REGON 388443952 email address: sklep@anniem.pl or with the use of the online contact form.

1. In order to process the complaint the Customer shall send or deliver faulty Products to the Seller to the address indicated in point 3 above, and attach a proof of purchase if possible.
2. The Seller commits itself to consider every complaint within the 14-day period.
3. If anything is missing from a submitted complaint, the Seller will request the Customer to complete missing data or information immediately, but no later than within 7 days following the date of receiving the request by the Customer.  

10. Complaints concerning electronic services.

1. The Customer may file complaints concerning electronic services provided by the Online Shop. The complaints may be submitted in writing to ANNIE-M address: ANNIE-M Piotr Olszowski, 35/113 Zabłocie, 30-701 Kraków, NIP 817201240, REGON 388443952, to the email address: sklep@anniem.pl or via the online contact form.
2. The complaint should contain the name and surname of the Customer, the mailing address, the type of a problem and its description.
3. The Seller undertakes to consider each complaint within 14 days, and in case it is not possible to inform the Customer when the complaint shall be considered within the same time frame. If anything is missing from a submitted complaint, the Seller will immediately request that the Customer completes the missing information, specifying a 7-day period following the date of receiving the request by the Customer.

11. Warranty.

1. The Products may have a manufacturer’, the Seller’s or an importer’s warranty.
2. As for Products covered by the warranty, the information about the existence of warranty, its terms and period is available every time in the Products’ descriptions on the Online Store Website.

12. Non-judicial ways of reviewing complaints and redressing claims.

1. The Customer who is a Consumer can, among others, use the following non-judicial means of dealing with complaints and redressing claims:

1.The Customer is entitled to submit an application for dispute resolution to the Permanent Consumer Arbitration Court operating at the Trade Inspectorate for the resolution of the dispute arising from the concluded Sales Agreement; 

2.The Customer is entitled to address the Provincial Inspector of the Trade Inspectorate with the application to initiate the mediation proceedings on the amicable settlement of a dispute between the Customer and the Seller;

3.The Customer may obtain free assistance to resolve the dispute between the Customer and the Seller, using also free help offered by district (urban) consumer advocacyor community organizations which statutory objective is consumer protection (for example Federation of Consumers,The Polish Consumer Association). Relevant advice is provided by the Consumer Federation at a toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address: porady@dlakonsumentow.pl;.

4.The Customer may file a complaint via the European Online Dispute Resolution ODR platform at: http://ec.europa.eu/consumers/odr/.

13. Personal data protection.

The personal data provided by Customers will be collected and processed by the Seller in according to applicable laws and in accordance with the Privacy Policy, which is attached as annex 3 to Terms and Conditions.

14. Final Provisions.

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to the name, internet domain, website of the Online Store, and all forms and logos belong to the Seller, and  any use of them can only be done in a way determined and compatible with Terms and Conditions.
2. Settlement of any disputes arising between the Seller and the Customer who is a Consumer is subject to the competent courts in accordance with provisions of the relevant provisions of the Civil Code. 
3.  Settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur or Entrepreneur-Consumer is referred for determination to the court having jurisdiction over the Seller. 
4. To any matters not regulated in these Terms and Conditions the provisions of the Civil Code, provisions of the Act on providing services electronically, provisions of the Act on Consumer Rights and other relevant provisions of Polish law apply. 
5. Any changes to these Terms and Conditions shall be provided to each Customer via the information on the main page of the Online Store containing a summary of changes and the date of their entry into force. Customers who have an Account will be additionally informed about any changes along with the summary of changes at the e-mail addresses indicated by them. Date of entry into force of any changes will not be shorter than 14 days from the date of their publication. In the event that the Customer who has a Customer’s Account does not accept the new content of Terms and Conditions is obliged to notify the Seller of this fact within 14 days from the date of being informed of any changes to the Terms and Conditions. Notification of the Seller about non-acceptance of the new contents of the Terms and Conditions results in the termination of the Agreement.