Terms & Conditions
1.1. The online shop choca-loca.com is operated by the limited liability company LWK International
1.2. These Terms and Conditions apply to, both consumers and businesses that use the Online Shop
1.1.1. BUSINESS DAY – any day from Monday to Friday, except for public holidays.
1.1.2. REGISTRATION FORM – the form available in the Online Shop that allows an Account to be created.
1.1.3. ORDER FORM – an Electronic Service, interactive form available in the Online Shop that allows for Orders to be submitted, in particular by adding Products to the electronic basket, and determining the conditions of the Contract of Sale, including payment and delivery methods.
1.1.4. CUSTOMER – (1) an individual with full legal capacity, and in the cases provided for by the generally applicable rules also an individual with limited legal capacity; (2) a legal person; or (3) an unincorporated organisational unit with legal capacity granted under a separate law, who has entered or intends to enter into a Contract of Sale with the Seller.
1.1.5. CIVIL CODE – the Civil Code Act dated 23 April 1964 (Dz.U. (Journal of Laws) of 1964 No. 16 item 93, as amended).
1.1.6. ACCOUNT – an Electronic Service, identified by an individual name (login) and password given by the Customer a collection of resources in the IT system of the Service Provider, which collects data provided by the Customer and the information about the orders placed by them in the Online Shop.
1.1.7. NEWSLETTER – an Electronic Service, the electronic distribution service provided by the Service Provider via e-mail which allows all Users to automatically receive from the Service Provider periodic contents of the subsequent issues of the newsletter with Product information, news and special offers available in the Online Shop.
1.1.8. PRODUCT – a movable property available in the Online Shop which is the subject of the Contract of Sale between the Customer and the Seller.
1.1.9. TERMS AND CONDITIONS or T&C – these terms and conditions for the Online Shop.
1.1.10. ONLINE SHOP – the online shop of the Service Provider, available at: choca-loca.com
1.1.11. SELLER; SERVICE PROVIDER – the limited liability company LWK International
1.1.12. Contract of Sale – a contract to be concluded by and between the Customer and the Seller via the Online Shop.
1.1.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Shop.
1.1.14. USER; YOU – (1) an individual with full legal capacity, and in the cases provided for by the generally applicable rules also an individual with limited legal capacity; (2) a legal person; or (3) an unincorporated organisational unit with legal capacity granted under a separate law, who uses or intends to use an Electronic Service.
1.1.15. CONSUMER RIGHTS ACT; ACT – the Consumer Rights Act dated 30 May 2014 (Dz.U. (Journal of Laws) of 2014 item 827, as amended).
1.1.16. ORDER – the statement of intent of the Customer made by filling out the Order Form and directly intended to conclude the Contract of Sale for the Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
1.1.17. Account – it is possible to use the Account once You complete two consecutive steps jointly – (1) fill in the Registration Form, (2) click the “Send” button. The User is required to provide in the Registration Form the following details of the User: name and surname, e-mail address and a password.
22.214.171.124. The Account Electronic Service is provided free of charge for an indefinite period. It is possible for the User, at any time and without having to provide the reason for this, to remove the Account (cancel the Account) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: email@example.com
1.1.18. Order Form – You start using the Order Form when You add the first Product to the electronic basket in the Online Shop. The Order is placed once You complete two consecutive steps jointly – (1) fill in the Order Form and (2) click “Confirm Purchase, with obligation to pay” after filling in the Order Form in the Online Shop. Up until then, it is possible for You to modify the entered details by yourself (in order to do so, follow the prompts and information available in the Online Shop). It is necessary for the Customer to provide the following details of the Customer in the Order Form: name and surname / company name, address (street, house/ flat number, post code, town, country), email address, contact telephone number and information for the Contract of Sale: Product(s), quantity of the Product(s), place and method of delivery, method of payment. In case of Customers who are not consumers it is also necessary to provide the company name and tax identification number.
126.96.36.199. The Order Form Electronic Service is provided free of charge and it is a one-off service. It terminates once the Order is placed with the use of the Order Form or once the Order is abandoned by the Customer before it is placed.
1.1.19. Newsletter – You may also sign up for the newsletter by selecting the appropriate checkbox when You set up the Account. The signing up for the Newsletter is completed once the Account is created.
188.8.131.52. The Newsletter Electronic Service is provided free of charge for an indefinite period. It is possible for the User, at any time and without having to provide the reason for this, to opt out of the Newsletter (cancel the Newsletter subscription) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: firstname.lastname@example.org
2.3. The User is bound to use the Internet Shop in line with the law and in a decent manner, with respect for the personal rights and the copyrights and intellectual property rights of the Service Provider and third parties. The User is bound to enter true details. It is prohibited for the User to provide illegal information.
2.4. Complaints procedure:
1.1.20. You may file any complaints related to the Electronic Services provided by the Service Provider and any other complaints concerning operation of the Online Shop (excluding the complaint procedure for the Product which has been specified in Section 6 of these T&C), for example:
1.1.21. in an electronic version by e-mail to the address: email@example.com
1.1.23. It is recommended that You provide the following details in the description of the complaint: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of irregularities; (2) Your claims; and (3) the contact details of the claimant. This will facilitate and expedite the processing of the complaint by the Service Provider. The requirements listed in the previous sentence have only the form of recommendations and do not affect the effectiveness of a complaint made without the recommended description of the complaint.
1.1.24. The complaint will be processed by the Service Provider immediately, not later however than within 14 calendar days from the date of it being made.
3. CONDITIONS FOR ENTERING INTO A Contract of Sale
3.1. The Contract of Sale is entered into by the Customer and the Seller once an Order is placed by the Customer using the Order Form in the Online Shop as prescribed in Section 2.1.2 of the T&C.
3.2. The Product price displayed in the Online Shop is stated in Polish zloty or in euro, depending on the Customer’s choice, and includes taxes. The Customer is informed about the total price, inclusive of any taxes, of the Product, which is the subject of the Order, as well as the delivery costs (including charges for shipping, delivery and postal services) and other costs, and if it is not possible to determine the amount of these costs, the Customer is informed of the obligation to pay them. This information is provided to the Customer in the Online Shop when the Order is placed, and also at the time when the Customer expresses their intent to be bound by the Contract of Sale.
3.3. The procedure of entering into the Contract of Sale in the Online Shop using the Order Form
1.1.25. The Contract of Sale is entered into by the Customer and the Seller once an Order is placed by the Customer in the Online Shop as prescribed in Section 2.1.2 of the T&C.
1.1.26. Once the Order is placed, the Seller will forthwith confirm receipt of the Order, and accept the Order for completion. This is done by sending to the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order. The e-mail is to include at least the statement by the Seller that the Order was received and accepted for completion, and the confirmation of the Contract of Sale conclusion. The Contract of Sale between the Customer and the Seller is concluded once the Customer receives the said e-mail.
3.4. The content of the Contract of Sale is fixed, secured and made available to the Customer by (1) providing access to these T&C on the site of the Online Shop, and (2) sending the e-mail referred to in Section 3.3.2 to the Customer. The content of the Contract of Sale is additionally saved and secured in the computer system of the Online Shop.
4. PAYMENT METHODS AND TERMS
4.1. The Seller will make available to the Customer the following methods of payment for the Contract of Sale:
1.1.27. Electronic payments and payments by card via paypal.com
5. COSTS, METHODS AND TERMS OF PRODUCT DELIVERY AND PICK UP
5.1. The Product will be delivered within the territory of the Republic of Poland. European Union, United Stated and Canada
5.2. The Product will be delivered to the Customer against a charge, unless the Contract of Sale provides otherwise. The costs of Product delivery (including charges for shipping, delivery and postal services) are specified to the Customer in the Online Shop in the tab with the information concerning delivery costs and when the Order is placed, and also when the Customer expresses their intent to be bound by the Contract of Sale.
5.3.The Seller will make available to the Customer the following methods of Product delivery and pick up:
5.4. The Product will be dispatched to the Customer within 3 Business Days, unless a shorter period has been stated in the description of the Product or when the Order is placed. For Products with different delivery times, the actual delivery time will be the longest time provided, which may however not exceed
- PRODUCT COMPLAINTS6.1. The grounds and scope of liability of the Seller to the Customer for a physical or legal defect (statutory warranty) in the Product sold are defined in the generally applicable laws, including but not limited to the Civil Code (in particular in art. 556 through 576 of the Civil Code). For Contract of Sales entered into before or on 24 December 2014, the grounds and scope of the liability of the Seller to the Customer, who is an individual and who purchases the Product for a non-business or non-professional purpose, for non-compliance of the Product with the Contract of Sale are defined in the generally applicable laws, including but not limited to the act dated 27 July 2002 on specific conditions of consumer sales and on amendment to the Civil Code (Dz.U. (journal of laws) No. 141 item 1176, as amended).
6.2.The Seller is required to provide a Product free of defects to the Customer. Detailed information concerning the Seller’s liability for defects in a Product and Customer rights are specified in the Online Shop in the tab concerning complaints.
6.3. The Customer may file a complaint, for example:
1.1.37. in an electronic version by e-mail to the address: firstname.lastname@example.org
6.4. It is recommended that the Customer provides the following details in the description of the complaint: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date that the defect is identified; (2) claims as to the manner of bringing the Products in line with the Contract of Sale or statement of price discount or withdrawal from the Contract of Sale; and (3) the contact details of the claimant. This will facilitate and expedite the processing of the complaint by the Seller. The requirements listed in the previous sentence are recommended only and do not affect the effectiveness of a complaint made without them.
6.5. The complaint will be processed by the Service Provider immediately, not later however than within 14 calendar days from the date of it being made. No response by the Seller within the term stated above means that the Seller accepted the complaint.
6.6. A Customer, who exercises their rights under statutory warranty, is required to deliver, at their own expense, the defective Product to the following address: ul. Szczęsliwa 6/19 53-446 Wrocław, Poland. If due to the nature of the Product or the method of its installation, it is extremely difficult to have the product delivered by the Customer, the Customer is required to make the Product available to the Seller in the location of the product.
7. NON-JUDICAL WAYS OF DEALING WITH COMPLAINTS AND SEEKING REDRESS AND THE RULES OF ACCESS TO THOSE PROCEDURES
7.1. Detailed information on the Customer’s (consumer’s) options for non-judicial methods of complaint handling and seeking redress as well as rules of access to these procedures are available on the premises and websites of county (municipal) consumer ombudsmen, social organizations with statutory tasks that include consumer protection, the Provincial Trade Inspection Authorities and on the following websites of the Office for Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.2. The Customer (as consumer) has, for example, the following options of non-judicial means of handling complaints and seeking redress:
1.1.38. The Customer has the right to apply to the permanent consumer arbitration court as referred to in art. 37 of the Trade Inspection Act dated 15 December 2000 (Dz.U. (journal of laws) of 2001 no. 4 item 25, as amended) for resolution of a dispute that arose under the Contract of Sale. The Rules of organization and operation of the permanent consumer arbitration courts are determined in the regulation by the Minister of Justice dated 25 September 2001 on the rules of organization and operation of permanent consumer arbitration courts (Dz.U. (journal of laws) 2001 no. 113 item 1214).
1.1.39. The Customer has the right to apply to the provincial officer of Trade Inspection as prescribed in art. 36 of the Trade Inspection Act dated 15 December 2000 (Dz.U. (journal of laws) of 2001 no. 4 item 25, as amended) for a mediation procedure to be commenced to resolve the dispute between the Customer and the Seller amicably. The information on the rules and manner of mediation procedure conducted by the provincial officer of Trade Inspection is available on the premises and websites of the individual Provincial Authorities of Trade Inspection.
1.1.40. The Customer may receive free aid in the resolution of dispute between the Customer and Seller, using the free assistance of a commune (municipal) consumer ombudsmen or a social organization with statutory tasks that include consumer protection (such as Federacja Konsumentów (Federation of Consumers), Stowarzyszenie Konsumentów Polskich (Polish Consumer Association)), Advice is provided by the Federation of Consumers on email@example.com and by the Association of Polish Consumers through the free consumer helpline 800 889 866.
7.3. Moreover, a EU-operated online platform for resolution of disputes between consumers and business operators is available on http://ec.europa.eu/consumers/odr(ODR platform). The ODR platform is an interactive and multilingual website with comprehensive customer service for consumers and business operators seeking a non-judicial resolution of a dispute concerning contractual obligations arising under an online sale or service contract.
8. RIGHT TO WITHDRAW
8.1. A consumer who has concluded a distance contract, may, within 14 calendar days, withdraw from such contract without having to state any reason and at no cost, except for the costs set out in Section 8.8 of theses T&C. To comply with the time limit it is sufficient to send a withdrawal statement before such time limit expires. The contract withdrawal statement may be made, for example:
1.1.42. in an electronic version by e-mail to the address: firstname.lastname@example.org
8.2. An exemple template of the withdrawal form is provided in appendix no. 2 to the Consumer Rights Act and in Section 11 of these T&C it is also available in the Online Shop in the tab concerning withdrawal from the contract. The consumer may use this template but it is not mandatory.
8.3. The time limit for the withdrawal lapses as follows:
1.1.43. for a contract, discharged by the Seller, who releases the Product and is bound to transfer its ownership (e.g. Contract of Sale) – from the time that the Product is taken into possession by the consumer or a third party designated by the consumer, other than the carrier, and for a contract which: (1) includes a few Products, which are supplied separately, as a batch or in parts – from the time of taking possession of the last Product, batch or item, or (2) involves the regular supply of Products for a specified period of time – from the time that the first of the Products is taken into possession;
1.1.44. for other contracts – from the date of the contract.
8.4. In the case that the distance contract is withdrawn from, the contract will be deemed non-existent.
8.5. The Seller will immediately, not later however than within 14 calendar days from the date of receipt of the consumer’s withdrawal statement, refund to the consumer all payments made by the consumer, including the cost of delivery of the Product (except for any additional costs resulting from the Customer selected method of delivery other than the cheapest standard delivery available in the Online Shop). The Seller will make the refund using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund, which does not involve any costs for the consumer. If the Seller has not suggested that they collect the Product from the consumer by themselves, the Seller may suspend the refund of payments received from the consumer until the Product is received back by the Seller or until the consumer provides evidence of it being sent back, whichever occurs first.
8.6.The consumer is required to return the Product to the Seller immediately, not later however than 14 calendar days from the contract withdrawal date or give it to a person authorized by the Seller to collect the same, unless the Seller suggested that they would collect the Product by themselves. To meet the time limit it is sufficient for the Product to be sent back before such time limit expires. The consumer may return the product to the following address: Ul Szczęsliwa 6/19 53-446 Wrocław
8.7. The consumer is liable for any diminished value of the Product as a result of its use beyond what is necessary to establish the nature, properties and working of the Product.
8.8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is required to pay:
1.1.45. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery offered in the Online Shop, the Seller is bound to refund such additional cost to the consumer.
1.1.46. The consumer will pay for any direct cost of the Product return.
8.9. The right to withdraw from a distance contract will not apply in respect of the following contracts:
1.1.47. (1) for the provision of services, if the Seller has fully delivered the service with the express consent of a consumer, who was informed prior to the delivery of the service that once the Online Shop delivers the service, the consumer would forfeit their right to withdraw from the contract; (2) where the price or fee depends on fluctuations in the financial markets, which are not controlled by the Online Shop and which may occur before the time limit for contract withdrawal; (3) where the subject of the contract is not a standard Product but a custom product manufactured according to the consumer’s specifications or used to meet their specific needs; (4) where the subject of the contract is a perishable Product or a Product with a short shelf life; (5) where the subject of the contract is a Product delivered in sealed packaging, which, after the packaging is opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after the delivery; (6) where the subject of the contract is a Product, which after delivery, because of its nature, is inseparably mixed with other items; (7) where the subject of the contract consists of alcoholic beverages with the price agreed upon the conclusion of the Contract of Sale, and which can be delivered only after 30 days and with the value dependent on fluctuations in the market that are not controlled by the Seller; (8) where the consumer has expressly demanded that the Seller comes to the consumer to make an urgent repair or maintenance; if the Seller also provides other services other than the ones demanded to be provided on site or supplies other Products other than the spare parts necessary for the repair or maintenance on site, the consumer will have the right to withdraw in relation to such other services or Products; (9) where the subject of the contract consists of sound or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after the delivery; (10) for the provision of newspapers, periodicals and magazines, except for subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation, other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract includes the date or period of the service provision; (13) for the delivery of digital content that is not recorded on a physical medium, or the delivery commenced, with the express consent of the consumer, prior to the expiry of the contract withdrawal time limit and after the consumer has been informed by the Seller of the forfeiture of the right to withdraw.
9. BUSINESS OPERATORS RELATED COVENANTS
9.1. This section in the T&C and any provisions contained herein apply only to non-consumer Customers and Users.
9.2. The Seller has the right to withdraw from the Contract of Sale entered into with a non-consumer Customer within 14 calendar days from the date of such contract. In this case, the withdrawal from the Contract of Sale may be effected without stating a reason and does not give rise for the non-consumer Customer to make any claims against the Seller.
9.3. For a non-consumer Customer, the Seller has the right to limit the available methods of payment, and also may demand prepayment of the whole or part of the amount, irrespective of the payment method chosen by the Customer and the fact that the Contract of Sale has been entered into.
9.4. Once the Seller releases the Product to the carrier, any benefits and burdens related to the Product as well as the risk of accidental loss or damage to the Product are transferred to the non-consumer Customer. In this case, the Seller is not liable for loss, depletion or damage of or to the Product from the taking of the same in transit until it is received by the Customer nor for any delay in the shipment.
9.5. If the Product is shipped to the Customer by a carrier, the non-consumer Customer is bound to examine the shipment within the time and in the manner customary for shipments of this kind. If the Customer finds out that the Product was depleted or damaged during shipment, the non-consumer Customer is bound to undertake any and all actions necessary to determine the liability of the carrier.
9.6. Pursuant to art. 558 § 1 of the Civil Code the liability of the Seller to a non-consumer Customer under statutory warranty for the Product is excluded.
9.7.In the case of non-consumer Users, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating a reason, by sending an appropriate statement to the User.
9.8. The liability of the Service Provider/Seller in relation to the non-consumer User/Customer, regardless of its legal grounds, is limited for, both a single claim and any claims in total, to the amount of the price paid and delivery costs under the Contract of Sale, however not more than the amount of one thousand Polish zlotys. In relation to the non-consumer User/Customer, the Service Provider/Seller is liable only for typical damage that may be foreseen at the time of conclusion of the contract and will not be liable for any lost profit.
9.9. Any disputes that may arise between the Seller/Service Provider and a non-consumer Customer/User will be submitted for resolution to the court competent for the registered office of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. The contracts entered into by the Online Shop are in the Polish and English language.
10.2. Amendments to these Terms and Conditions:
1.1.48. The Service Provider reserves the right to amend these T&C for material reasons, namely amendments to the law; changes in methods of payment and delivery, insofar as they affect the implementation of these T&C.
1.1.49. In the case that a continuing contract (e.g. provision of the Account Electronic Service) is entered into under these T&C, the amended terms and conditions will be binding for the User, if the requirements referred to in art. 384 and 384 of the Civil Code have been abided by, which means that the User was duly notified of the amendments and have not terminated the contract within 14 calendar days from the date of such notification. In the case that the amendment to these T&C gave rise to any new fees or increase in current fees, the User, who is a consumer, will have the right to withdraw from the contract.
1.1.50. In the case that a non-continuing contract (e.g. contract of sale) is entered into under these T&C, the amendments to these T&C will not violate the rights of Users/Customers, who are consumers, that were conferred on them before the entry into force of such amendments, in particular the amendments to the T&C will not affect any Orders that are or have been placed nor the Contract of Sales that have been entered into, implemented or discharged.
10.3. Any matters not regulated herein are subject to the relevant provisions of the applicable Polish laws, including but not limited to: the Civil Code; the electronic services act dated 18 July 2002 (Dz.U. (journal of laws) of 2002 No. 144 item 1204, as amended); for contract of sales entered into with consumers before or on 24 December 2014 – the provisions of the act dated 2 March 2000 on the protection of certain consumer rights and liability for damage caused by hazardous products dated 2 March 2000 (Dz.U. (journal of laws) of No. 22 item 271, as amended) and the act dated 27 July 2002 on specific conditions of consumer sales and on amendments to the Civil Code (Dz.U. (journal of laws) of No. 141 item. 1176 as amended); for contract of sales concluded with consumers after 25 December 2014 – the provisions of the act dated 30 May 2014 (Dz.U. (journal of laws) 2014.827, as amended); and other relevant provisions of the generally applicable law.