Terms and conditions

Please read the following Terms and Conditions which set out in detail the rules and procedures for making transactions at the Savinga Store. We always take all possible measures to settle any problems reported by our customers amicably. Customer satisfaction is our ultimate goal, which is why we very rarely have to rely on the provisions of these Terms and Conditions. Instead, we always try to find a solution that will satisfy you. When shopping at the Savinga Store, you may be sure that we will do everything possible to send your order on time and solve any problems immediately, without the need to go through a formalised procedure.

If you want to return the purchased products, go to returns and replacements.

In order to make a complaint, go to complaints.

§ 1
Initial provisions

1. The Savinga Online Store, available at www.savinga.pl, is operated by the partnership Savinga Jakub Dobrosielski Justyna Barańska spółka cywilna with its registered office in Krakow (Poland), REGON No.: 360311600, VAT No.: PL9452181861.
2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Store and set out the rules governing the use of the Online Store and the terms and procedures for the conclusion of distance selling contracts with the Customer through the Store.

§ 2
Definitions

1. Consumer – a natural person entering into a contract with the Seller at the Store, the subject of which is not directly related to their business or professional activity.
2. Seller – Savinga Jakub Dobrosielski Justyna Barańska spółka cywilna with its registered office in Krakow (Poland).
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural or legal person or another organisational unit without legal personality, which is granted legal capacity by a separate law, carrying out business activities in its own name and using the Store.
5. Store – an online store operated by the Seller under www.savinga.com.
6. Distance contract – a contract concluded with the Customer under an organised system for concluding distance contracts (at the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication, up to and including the time at which the contract is concluded.
7. Terms and Conditions – these Terms and Conditions of the Store.
8. Order – a declaration of will of the Customer, submitted via the Order Form, for the conclusion of a Product Sale Contract with the Seller.
9. Account – a customer account at the Store, where the data and information provided by the Customer about his orders at the Store are recorded.
10. Registration Form – a form available at the Store for setting up a Customer Account.
11. Order Form – an interactive form available at the Store for placing an order, in particular by adding Products to the Shopping Cart, and for specifying the terms of the Sale Contract, including delivery and payment details.
12. Shopping Cart – an element of the Store software, where the Products selected by the Customer for purchase are visible and where it is possible to specify and modify the order data, especially the quantity of products.
13. Product – a movable item available at the Store, which is the subject of the Sale Contract between the Customer and the Seller.
14. Sale Contract – a product Sale contract concluded between the Customer and the Seller through the Online Store.

§ 3
Contacting the Store

1. Address of the Seller: ul. Bałuckiego 16, 30-318 Krakow, Poland
2. Email of the Seller: info@savinga.com
3. Phone of the Seller: +48 669 144 400
4. The Customer may contact the Seller at the addresses and telephone numbers indicated in this section.
5. The Customer may contact the Seller by phone from Monday to Friday between 10:00 AM and 5:00 PM.

§ 4
Technical requirements

In order to use the Store, including to browse the range of Products and to place Orders, it is necessary to have a device with Internet access and a web browser (recommended: Google Chrome version 72 or higher, Mozilla Firefox version 65 or higher, Opera version 58 or higher, Microsoft Edge version 17 or higher, Internet Explorer version 11 or higher). The web browser should allow the use of cookies and JavaScript, reading PDF files with installed software and access to your email box.

§ 5
General information

1. To the greatest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions to the functioning of the Store caused by force majeure, unlawful actions of third parties or the incompatibility of the Online Store with the technical infrastructure of the Customer.
2. It is not necessary to set up an Account to browse the Product range at the Store. Customers may place orders for Products available at the Store either after setting up an Account according to § 6 of the Terms and Conditions or by providing necessary personal and address data for processing the order without setting up an account.
3. All prices are shown in GBP and are gross prices (inclusive of VAT).
4. The final amount payable by the Customer consists of the price for the Product and the delivery cost (including transport, shipment and postal services fees). The Customer is informed of that amount on the Store website when placing the order, and also when making a declaration of will to conclude a Sale Contract.
5. For deliveries to countries outside the European Economic Area (except Switzerland), the Customer may be required to pay VAT and customs duties and to clear goods through customs. The exact content of the Customer’s obligations in this respect are determined by the applicable legal regulations of the country to which the goods are delivered.

§ 6
Setting up an Account

1. In order to set up an Account, fill in the Registration Form.
2. Setting up an Account at the Store is free.
3. In order to log in to your Account, you need to enter your User ID and password created in the Registration Form.
4. The Customer may delete his Account at any time, without providing reasons or having to pay any fees, by sending an appropriate request to the Seller, in particular by email or in writing to the addresses indicated in § 3.

§ 7
Placing Orders

To place an Order you need to:
1) Log in to the Store (if you are a registered user).
2) Select a Product you want to order and click “Add to Cart” (or a similar button).
3) Log in or place an Order without registration.
4) If you have chosen the option of ordering without registration, fill in the Order Form, entering the recipient data and the address for delivery, select the shipment option (delivery method) and, if necessary, indicate invoicing data if they differ from the recipient’s data.
5) Please select an available payment method.
6) Click the “Confirm and pay” button.
7) Subject to § 8(3), please pay for your order within the specified term.

§ 8
Delivery and payment methods

1. The Store offers the following delivery methods:
1) Standard letter,
2) Registered letter,
3) Global Express,
4) TNT/UPS/GLS/DPD express delivery.
2. The Store offers the following payment methods:
1) bank transfer to the Seller’s account,
2) payment card,
3) PayPal.
3. Detailed information on delivery methods and accepted payment methods is provided when you fill in the Order Form.

§ 9
Execution of the Sale Contract

1. The Sale Contract between the Customer and the Seller is concluded after the Customer has placed an order using the Order Form at the Online Store in accordance with § 7 of the Terms and Conditions.
2. After placing an Order, the Seller immediately confirms its receipt, at the same time accepting the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by sending an appropriate email by the Seller to the Customer to the email address provided when placing the order. The email shall at least contain the Seller’s statement confirming the receipt of the Order and its acceptance for processing. Upon receipt of the above-mentioned email by the Customer, the Sale Contract between the Customer and the Seller is concluded.
3. The Customer is obliged to make payment within 7 days of the conclusion of the Sale Contract; otherwise the Order will be cancelled.
4. The Product will be shipped by the Seller within the period indicated in the Product’s description in the manner chosen by the Customer when placing the order.
5. The period of delivery of the Product to the Customer begins on the date of crediting the Seller’s bank account.
6. The Product is delivered within the territory of the European Economic Area and other countries listed in the Order Form.
7. Delivery of the Product to the Customer is made against payment, unless the Sale Contract provides otherwise. The cost of delivery of the Product (including transport, shipment and postal services fees) is indicated to the Customer on the website of the Online Store under “Delivery Pricing” and when placing an order, including when making a declaration of will by the Customer that he wishes to be bound by the Sale Contract.

§ 10
Right of withdrawal

1. The Consumer may withdraw from the Sale Contract within 30 days without providing reasons.
2. The period referred to in paragraph 1 begins to run on the date of delivering the Product to the Consumer or to a third party other than the carrier and indicated by the Consumer.
3. In the case of a Contract for the sale of multiple Products which are delivered separately or which consist of multiple lots or pieces, the period referred to in paragraph 1 begins to run on the date on which the last item, lot or piece has been delivered.
4. The Consumer may withdraw from the Contract by submitting a statement setting out his decision to withdraw from the Contract. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the withdrawal period has expired.
5. The statement may be sent by postal mail or electronically by submitting it to the email address of the Seller or via the website of the Seller. The Seller’s contact details are provided in § 3. The statement may be also submitted using a model withdrawal form constituting Annex No. 1 to the Polish Act of 30 May 2014 on Consumer Rights, yet it is not obligatory.
6. If the Consumer has sent a withdrawal statement via the Seller’s website, the Seller shall immediately send an email to the Consumer confirming receipt of the withdrawal statement to the email address indicated by the Consumer.
7. Effects of withdrawal:
1) In the case of withdrawal from the Distance Contract, the Contract is considered not concluded.
2) In the case of withdrawal from the Contract, the Seller shall immediately, but not later than within 14 days of receipt of the Consumer’s statement on withdrawal from the Contract, refund to the Consumer all payments made by him, including delivery costs, except for additional costs related to a method of delivery chosen by the Consumer which is not the cheapest usual method of delivery offered by the Seller.
3) The Seller shall refund payments in the same manner as it was made by the Consumer in the original transaction unless the Consumer has explicitly agreed to another solution which does not impose any charges on him.
4) The Seller may withhold the refund of the payment until the Product is returned.
5) The Consumer must return the Product to the Seller’s address indicated in these Terms and Conditions immediately, but not later than within 14 days of the date on which he informed the Seller of his withdrawal from the Contract. The deadline shall be met if the Consumer returns the Product before the expiry of the period of 14 days.
6) The Consumer shall bear the direct cost of returning the Product, including the cost of returning the Product if, by its nature, it could not normally be returned by post.
7) The Consumer shall only be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
8) If the Product, by its nature, cannot normally be returned by post, information on this fact and on the cost of returning the Product will be included in the description of the Product published at the Store.

§ 11
Complaints and quality warranty, complaints procedure

1. The Contract is concluded for the sale of new Products.
2. The Seller is obliged to supply the Customer with the Product which is free of material and legal defects.
3. In the case of a defect of the goods purchased from the Seller, the Customer is entitled to exercise his rights under the provisions of the Polish Civil Code regarding implied warranty for defects.
4. The Seller may provide the Consumer with a quality warranty for the sold Products. If a quality warranty has been provided, information on the warranty and its duration will be included in the description of the Product at the Store. A quality warranty may only be given to Consumers who have their permanent place of residence in the territory of an EU Member State.
5. If a quality warranty has been given for the Product, the Seller is liable to the Consumer for any material defects of the Product which were reported as part the complaints procedure during the warranty period. Under the quality warranty, the Consumer is entitled to demand that the material defect be removed and, if it is impossible, that a defect-free item be delivered to him. If the Product is exchanged for a defect-free one, the warranty period is not extended.
6. Complaints must be made in writing or by electronic means to the addresses of the Seller indicated in these Terms and Conditions.
7. A complaint should contain, among other things, the following information: a short description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, the Customer’s claim related to the defect and the legal basis of the claim.
8. The Seller shall immediately respond to the claim raised in the complaint, and if the Customer is a Consumer – not later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the claim raised in the complaint within 14 days, it is assumed that the Seller considers the Customer’s claim to be justified.
9. The goods returned under the complaints procedure shall be sent to the address indicated in § 3 of these Terms and Conditions only if the Seller informs the Customer that this is necessary for the examination of the complaint.

§ 12
Newsletter

1. The Customer may give consent to receive a newsletter published by the Seller. The newsletter will only be sent to those Customers who have subscribed to it by ticking the appropriate box in the Registration Form or Order Form, or who have given consent to receiving marketing information to the email address provided.
2. As part of the newsletter service, the Seller will send his offers and provide information on current special offers to the email address indicated by the Customer. The newsletter is free of charge.
3. The Customer may unsubscribe from the newsletter at any time without providing reasons or having to pay any fees, by clicking the “Unsubscribe” button in the received email.

§ 13
Out-of-court procedures for handling complaints and asserting claims

1. Detailed information on the possibility of using out-of-court procedures for handling complaints and asserting claims by the Consumer and the rules of access to these procedures may be found in the offices and on the websites of the District (Municipal) Consumer Ombudsmen, social organisations whose statutory tasks include consumer protection, the Voivodeship Trade Inspection Authorities and on the websites of the Polish Office of Competition and Consumer Protection.
2. The Consumer may, for example, have recourse to the following out-of-court procedures for handling complaints and asserting claims:
1) The Consumer has the right to file a petition with the Permanent Consumer Arbitration Court referred to in Article 37 of the Polish Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) for the resolution of a dispute arising from the Contract concluded with the Seller.
2) The Consumer has the right to file a petition with the Voivodeship Trade Inspector in accordance with Article 36 of the Polish Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) for initiation of mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
3) The Consumer may receive free assistance with the settlement of a dispute between him and the Seller from the District (Municipal) Consumer Ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Consumers’ Federation, Association of Polish Consumers).

§ 14
Final provisions

1. The Contracts concluded through the Online Store are made in English.
2. The Contract shall be governed by the Polish law. A choice of foreign law may not have the result of depriving the the Consumer having his place of residence in the territory of a EU Member State of the protection afforded to him by provisions that cannot be derogated from by agreement under the law that, in the absence of choice of law in these Terms and Conditions, would have been applicable.
3. The Seller reserves the right to modify these Terms and Conditions for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods, in so far as these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer of any change at least 7 days in advance.
4. For matters not covered by these Terms and Conditions, the generally applicable provisions of the Polish law shall apply, in particular of: the Polish Civil Code, the Polish Act on the Provision of Electronic Services, the Polish Act on Consumer Rights.
5. The Customer may use out-of-court procedures for handling complaints and asserting claims. For this purpose, he may lodge a complaint via the EU’s Online Dispute Resolution platform available under https://ec.europa.eu/consumers/odr/.