Statute
§ 1
General provisions
1. These Regulations define the rules for using the website ondudes.pl and ondudes.com (hereinafter referred to as the "Website") owned by Michał Mruk (hereinafter referred to as the "Service Provider") and apply to all relations between the Service Provider and the Customer resulting from the use of the Website.
2. The Service Provider is Michał Mruk, running a sole proprietorship under the name Ondudes Michał Mruk, NIP: 7812082598, REGON: 540640000, with its registered office at ul. Moliera 19, 60-461 Poznań.
3. The Customer accepts the Terms of Service upon submitting the form when placing an order and/or creating an account.
4. The Customer may contact the Service Provider by e-mail: kontakt@ondudes.pl or by mail to the following address: ul. Moliera 19, 60-461 Poznań.
5. The Customer is entitled and obliged to use the Service and the Website in accordance with its intended purpose.
§2
Statutory definitions
1. Customer – a natural person who is at least 13 years of age or has at least limited legal capacity, as well as a legal person or an organizational unit without legal personality that uses the Service provided electronically by the Service Provider.
2. Service – a service provided by the Service Provider to Customers electronically.
3. Service Provider – Ondudes Michał Mruk, NIP: 7812082598, REGON: 540640000, ul. Moliera 19, 60-461 Poznań, e-mail: kontakt@ondudes.pl.
4. Product – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Service Provider.
5. Online Store – a domain enabling the purchase of the Service Provider’s products/services electronically, available at the following internet addresses: https://www.ondudes.pl and https://ondudes.com.
6. Sales Agreement – a Product sales agreement concluded or entered into between the Customer and the Service Provider via the Online Store.
7. Registration Form – a form available in the Online Store enabling the creation of an Account.
8. Order Form – an interactive form available in the Online Store enabling the placement of an Order, in particular by selecting Products and specifying the terms of the Sales Agreement, including the payment method and plan.
9. Account – a set of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him in the Online Store are collected.
10. Order – a declaration of intent by the Customer submitted via the Order Form, directly leading to the conclusion of a Product Sales Agreement with the Service Provider. The Customer is fully responsible for the consequences of providing information that is inaccurate, misleading the Service Provider, or completely preventing the Service from being provided.
11. Subscription – a cyclical service performed by the Service Provider in a cycle determined on the basis of the user’s declaration when placing the Order.
12. Pre-sale – the opportunity to purchase a product before its official sale date for a limited number of customers.
§3
Providing services electronically
1. The following Electronic Services are available in the Online Store:
a) placing an order via the Order Form;
b) establishing, maintaining and managing an Account belonging to the Customer;
c) providing access to the Regulations, Order Form and Privacy Policy
d) newsletter subscription
The Service Provider reserves the right to temporarily or permanently suspend the provision of individual services provided electronically.
2. The Account Electronic Service is provided free of charge for an indefinite period. The Customer may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to the following address: kontakt@ondudes.pl.
3. Reading and accepting these Terms and Conditions and the Privacy Policy is a condition for concluding a contract for the provision of electronic services by placing an order and creating an Account. Acceptance of the Terms and Conditions and the Privacy Policy must be confirmed by checking the appropriate checkbox provided during the process of concluding contracts for the provision of electronic services.
4. The Order Form begins when the Customer selects their preferred product(s). The Customer then proceeds to the order panel, where they review the order details. If the "One-time Purchase" option is selected, the indicated amount (product price) must be paid immediately by accessing the payment system by clicking the "Order and Pay" field. If recurring orders (Subscription) are selected, the order and payment details will be displayed to the Customer, who then confirms them by clicking the "Order and Pay" field and making the first recurring payment (first Subscription period).
5. The Customer must provide the following data in the Order Form:
a) name and surname/company name,
b) address (street, house/apartment number, postal code, city, country),
c) e-mail address,
d) contact telephone number,
e) payment card details (if card payment is used),
6. The customer is obliged to:
a) use the Online Store in a manner consistent with the law and good practices, with due regard for the personal rights and copyrights and intellectual property of the Service Provider and third parties;
b) entering data consistent with the actual state of affairs.
7. In order to create an Account and place an Order in the Online Store and to use other Electronic Services, the Customer must have an active e-mail account.
8. The newsletter service involves the Service Provider sending a message containing information about the Service Provider's Products or services to the Customer's email address. The newsletter is sent only to Customers who have voluntarily subscribed. An agreement for the electronic provision of the newsletter service may be concluded by any Customer who enters their email address in the newsletter registration form available on the Online Store website. The Customer may unsubscribe from the newsletter at any time by unsubscribing via the link provided in each newsletter message or by contacting us via email at kontkat@ondudes.pl
9. Electronic Services Complaint Procedure:
a) Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store may be submitted by the Customer, for example:
– in writing to the following address: ul. Moliera 19, 60-461 Poznań,
– in electronic form to the following address: kontakt@ondudes.pl
b) In the description of the complaint, the Customer is required to provide:
– information and circumstances relating to the subject of the complaint, in particular the type of date and occurrence of the irregularity:
– contact details of the person submitting the complaint;
c) The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
§4
Customer account
1. In order to make a Pre-Order or regular purchase in the Online Store, it is necessary to create a Customer Account.
2. The Account can be used after the Customer completes the Registration Form.
3. To register an Account, the Customer must complete the Registration Form by providing:
a) username
b) e-mail address
c) a password, which should consist of at least eight or twelve characters, depending on the difficulty of the password (e.g. containing lowercase and uppercase letters, numbers and characters such as: !” ? $ % ^ & )
4. After creating an Account, the Customer is obliged to provide his/her current data, including:
a) contact details (e-mail address, telephone number)
b) address data
5. As part of the operation of the Account, the Customer may:
a) place an order in the Online Store via the Order Form
b) change your contact and address details
c) delete the Account
d) view your order history
6. The Service Provider reserves the right to delete the Account two years after the Customer's last activity or when the Customer violates the Regulations or generally applicable legal provisions.
§5
Conditions for concluding and performing a sales contract
1. Any information about goods provided on the website of the Online Store does not constitute an offer within the meaning of Article 66 of the Act of 23 April 1964 – Civil Code.
2. The conclusion of a Sales Agreement is possible both in Pre-Order, regular sales and sales under the Subscription.
3. The contract is concluded for an indefinite period.
4. The Product price displayed on the Online Store website in Polish zloty is gross and includes taxes. The Customer is informed of the total price, including taxes, of the Product being ordered on the Online Store website during the Order placement process, including when the Customer expresses their intention to be bound by the Sales Agreement. Prices do not include shipping costs, which are displayed during the Order placement process and additionally confirmed in the order summary.
5. The procedure for concluding a Sales Agreement in the Online Store using the Order Form as part of regular sales:
a) The conclusion of the Sales Agreement between the Customer and the Service Provider takes place after the Customer places an Order in the Online Store in accordance with the provisions of the Regulations.
b) After placing an Order, the Service Provider 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 Service Provider sending an appropriate email to the Customer at the email address provided by the Customer when placing the Order. The email message contains, at a minimum, the Service Provider'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 Service Provider.
6. Procedure for concluding a Sales Agreement in the Online Store using the Order Form under the Subscription:
a) The customer places an order for periodic delivery of parcels with selected products.
b) Payment for the subscription is collected automatically via the previously selected payment operator.
c) A detailed subscription and delivery plan is available in the customer panel after logging in to the Account.
7. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer through:
a) making these Regulations available on the Online Store website
b) sending an e-mail to the Customer.
8. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Service Provider's Online Store.
9. The order validity period is 7 days. If the Customer does not pay for the order within this time period, or the Service Provider is unable to contact the Customer to fulfill the order, the Service Provider will cancel the order.
10. Ownership of the purchased Product is transferred to the Customer upon the full transaction price being credited to the Service Provider's account (the price of the Product together with any shipping costs and other services offered by the Service Provider).
11. Entrepreneurs wishing to receive a VAT invoice for their order are required to provide the information necessary to issue it, including in particular their Tax Identification Number (NIP). If the sale to the entrepreneur is to be documented with a fiscal receipt, failure to provide the NIP number when placing the order will result in the inability to later issue a VAT invoice to the entrepreneur.
12. After completing the sales process, the Service Provider may conduct satisfaction surveys regarding the sales process. For this purpose, the Service Provider may provide the Customer with a form for submitting a review of the store or a satisfaction survey. The Customer forms an opinion based on individual and subjective content. By submitting a review, the Customer voluntarily disseminates its content and bears all consequences of such sharing. The content posted does not reflect the views of the Service Provider.
§6
Withdrawal from the contract
1. A Customer who is a consumer or runs a sole proprietorship and whose rights are equated with the rights of consumers under applicable law has the right to withdraw from the Agreement within 14 days of its conclusion without giving any reason.
2. The Customer may withdraw from the Contract by sending a declaration of withdrawal from the contract concluded remotely to the following e-mail address: kontakt@ondudes.pl.
3. The Service Provider reserves the right to withhold payment until receipt of the Goods.
4. The Service Provider will refund the funds in the same manner in which the payment was made during the purchase.
5. The right to withdraw from the contract by the consumer is excluded if the subject of sale is a non-prefabricated item, manufactured according to the consumer’s specifications or intended to meet his individual needs, as well as in other cases indicated in Art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 24 June 2014, as amended).
6. If a Sales Agreement is concluded under a Subscription, withdrawal from the contract may be suspended at any time, but no later than 4 days before the planned next shipment. The subscription can be suspended in the customer panel after logging in to the Account. The subscription will be suspended until it is reactivated.
§7
Complaints
1. The Service Provider is obliged to deliver to the Customer an item free from physical or legal defects.
2. The Service Provider is liable for a defect in new goods if it is discovered within two years from the date of delivery of the Goods to the Customer.
3. The provisions on warranty apply to the terms and rights of the Customer and the Service Provider (Article 556 – Article 576 of the Civil Code).
4. The Service Provider is released from liability under the warranty for defects if the Customer was aware of the defect at the time of conclusion of the Sales Agreement.
5. Minor differences in the external appearance of the Product delivered to the Customer compared to the appearance of the Product presented graphically in the Online Store, which may result from different settings of the Customer's monitor, lighting conditions, etc., factors related solely to using the Internet to make purchases, shall not constitute grounds for complaint.
6. Notification of a Product defect should include: the Customer's name and surname, the type of non-conformity observed along with a description of the non-conformity, if possible, a photo of the Product in question, and a request to have the goods brought into compliance with the contract. Notification should be made by sending an email to kontakt@ondudes.pl or in writing to the address of the Service Provider: ul.XXX X, 6X-XXX Poznań.
7. The Customer who exercises warranty rights is obliged to deliver the defective item at the expense of the Service Provider to the address indicated by the Service Provider.
8. The Service Provider will respond to the Customer's request promptly, no later than 14 days from the date of receipt of the complaint. The response to the complaint will be sent to the email address provided by the Customer or in another manner specified by the Customer.
9. After considering the complaint (both positive and negative), the Service Provider sends the Goods directly to the Customer at its own expense.
§8
Payment methods and terms
1. Payment for the product can be made by:
a) electronic payment via Stripe.
b) electronic payment via the Przelewy24 system
c ) BLIK electronic service
d ) periodic charging of the payment card via the Stripe platform
2. The PayPal payment system is operated by PayPal (Europe) S.à rl et Cie, SCA, a credit institution (or bank) authorized and supervised by the Luxembourg Financial Sector Supervisory Authority, Commission de Surveillance du Secteur Financier (or CSSF). CSSF headquarters: 283, route d'Arlon, L-1150 Luxembourg.
3. The Przelewy24 payment system supports electronic payments and the BLIK service. It is a national payment institution, supervised by the Polish Financial Supervision Authority under number UKNF IP24/2014, entered in the Register of Payment Services, with its registered office at ul. Pastelowa 8, 60-198 Poznań.
4. The BLIK electronic service is operated by Polski Standard Płatności Sp. z o. o. It is a national payment institution, supervised by the Polish Financial Supervision Authority, with its registered office in Warsaw at ul. Cypryjska 72.
5. Recurring payment card charges via the Stripe platform are handled by Stripe Payments Europe Ltd., O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland.
6. The Service Provider reserves the right to modify, periodically disable or replace the above-mentioned payment methods.
7. Complaints arising from non-performance or improper performance of payment processing should be directed to the appropriate payment intermediary directly by e-mail, using the contact form or by telephone - in accordance with the regulations for the provision of electronic payment services of the given payment intermediary.
8. If the Customer fails to make payment by the deadline specified during the order placement process, the Service Provider may set an additional payment deadline. The Service Provider may also withdraw from the Sales Agreement due to non-payment after the due date. A declaration of withdrawal from the Sales Agreement will be sent to the Customer in written form.
§9
Cost, methods and delivery time
1. The Product is delivered by post to the address provided by the Customer in the Order Form.
2. Delivery is made by post, using the method chosen by the Customer from those provided by the Service Provider, i.e. Inpost SA with its registered office in Krakow, ul. Wielicka 28 (30-552).
3. Delivery of the Product to the Customer involves additional costs, indicated in the ordering process.
4. The Product will be shipped no later than 3 business days after the payment is received by the Service Provider.
5. The Service Provider reserves the right to exclude or change individual forms of delivery of Products.
§10
Processing and protection of personal data
1. The personal data controller is Michał Mruk, running a sole proprietorship under the name Ondudes Michał Mruk, with its registered office at ul. Moliera 19, 60-461 Poznań, NIP: 7812082598, REGON: 540640000, e-mail: kontakt@ondudes.pl.
2. In order to provide the selected service, the Client provides the following data:
a) name and surname
b) email address.
3. The customer has the right to:
a) rectification,
b) deletion
c) processing restrictions
d) object to processing,
e) data transfer
f) lodge a complaint with the supervisory authority.
4. Limiting the processing by the Customer by not expressing consent via the appropriate checkbox or objecting to the processing does not allow the Administrator to provide the service.
5. The Customer may consent to the Administrator using the data provided by the Customer for marketing purposes, including the transmission of commercial information via electronic means of communication, which is understood as the Newsletter service; this consent may be expressed by clicking the appropriate checkbox.
6. Customers' personal data will not be transferred to third parties for marketing purposes.
7. Detailed information regarding data processing by the Administrator is included in a separate document available on the Website as the “Privacy Policy”.
§11
Final provisions
1. The graphic design, photos, content and descriptions of the Goods presented on the Online Store website are the property of the Service Provider and may not be modified, copied or distributed without the consent of the Service Provider.
2. The Service Provider is entitled to unilaterally introduce changes or additions to these Terms and Conditions at any time; the Customer will be informed of the changes by displaying a message on the main page. If the Customer does not agree to the changes, before the new Terms and Conditions come into effect, the Customer may withdraw from the contract by informing the Service Provider or using the "delete account" function available in the Account settings.
3. Agreements concluded through the Online Store are concluded in accordance with Polish law and in Polish.
4. Any disputes arising between the Service Provider and the Customer will be resolved amicably through mutual negotiations in the first instance. If no mutual agreement is reached, the matter will be resolved by the court having jurisdiction over the Service Provider's registered office, and in the case of a dispute with a consumer, by the court having jurisdiction over the consumer's place of residence.
5. The Service Provider informs the Customer about the possibility of using out-of-court dispute resolution. Detailed information and procedures regarding consumer claims are available from locally competent consumer ombudsmen, Voivodeship Inspectorates of Trade Inspection, or at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL
6. The wording and descriptions used to define individual functionalities of the Service Provider's Online Store used in these Terms and Conditions, including in particular the names and descriptions of buttons, pictograms, and icons, may be changed to equivalent ones. Such a change does not constitute a change to these Terms and Conditions.
7. The text of these Terms and Conditions is available on the website. These Terms and Conditions can be recorded, retrieved, and reproduced at any time by printing them, saving them to a suitable medium, or downloading them in PDF format and saving them to your computer.
8. The terms of cooperation are defined solely in the Terms and Conditions. All informational or advertising materials regarding the services provided by the Service Provider are for informational purposes only.
