Terms and Conditions

Terms and Conditions of the Online Store – www.xymen.pl

I. General Provisions

1. These Terms and Conditions define the general terms, the method of providing Services electronically, and sales conducted via the Online Store www.xymen.pl. The Store is operated by XYMEN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw, ul. Twarda 18, 00-105 Warsaw, registered by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, KRS number 0000871644, NIP 5252844527, REGON 387648681, BDO 000519089, with a share capital of PLN 5,000.00, hereinafter referred to as the Seller.
2. Contact with the Seller takes place via:

a. e-mail address: biuro@xymen.pl;

b. at the phone number: +48 600521272;

c. contact form available on the Online Store website.

3. These Terms and Conditions are continuously available on the website www.xymen.pl, in a manner that allows them to be accessed, viewed, and saved at any time, either by printing or storing on a device.
4. The Seller informs that using Services provided electronically may involve risks for any Internet user, including the possibility of malicious software being introduced into the Customer’s IT system and of unauthorized persons accessing or modifying their data. To minimize these risks, the Customer should implement appropriate technical measures, in particular antivirus programs and a firewall.

II. Definitions
The terms used in these Terms and Conditions shall have the following meanings:

1. Working days – days from Monday to Friday, excluding public holidays;
2. Customer – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store;
3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
4. Consumer – a Customer who is a consumer within the meaning of Article 22¹ of the Civil Code
5. Entrepreneur – a Customer who is an entrepreneur within the meaning of Article 43¹ of the Civil Code;
6. Terms and Conditions – this document;
7. Product – an item offered in the Online Store, with a description provided for each displayed item;
8. Sales Agreement – a contract for the sale of Products within the meaning of the Civil Code, concluded between the Seller and the Customer;
9. Services – services provided by the Seller to Customers electronically, within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended);
10. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, No. 827);
11. Act on the Provision of Electronic Services – the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended);
12. Order – a declaration of the Customer’s will, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Product.

III. Rules for Using the Online Store

1. Use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:

a. a computer or mobile device with Internet access,

b. access to an email account,

c. a web browser: Internet Explorer version 11 or higher, Firefox version 28.0 or higher, Chrome version 32 or higher, Opera version 12.17 or higher, Safari version 1.1 or higher,

d. enabling Cookies and JavaScript in the web browser.

2. Using the Online Store means any action by the Customer that leads to their familiarization with the content available in the Store
3. The Customer is obliged, in particular, to:

a. not to transmit or share content prohibited by law, e.g., content promoting violence, defamatory material, or content violating personal rights or other rights of third parties

b. to use the Online Store in a manner that does not disrupt its operation, in particular through the use of specific software or devices;

c. not to undertake actions such as sending or posting unsolicited commercial information (spam) within the Online Store;

d. to use the Online Store in a manner that is not burdensome for other Customers or for the Seller;

e. to use any content published within the Online Store solely for personal use;

f. to use the Online Store in accordance with the laws in force in the territory of the Republic of Poland, the provisions of these Terms and Conditions, as well as the general rules of using the Internet.

IV. Services

1. The Seller makes it possible to use free Services through the Online Store, which are provided by the Seller 24 hours a day, 7 days a week
2. The Customer has the possibility to send messages to the Seller using the contact form. The agreement for the provision of the Service consisting in making an interactive form available, allowing Customers to contact the Seller, is concluded for a specified period and terminates upon the Customer sending the message.
3. The Seller has the right to organize occasional contests and promotions, the terms of which will be provided on the Online Store’s web pages. Promotions in the Online Store may not be combined, unless the Terms and Conditions of a given promotion state otherwise.
4. In the event that the Customer violates the provisions of these Terms and Conditions, the Seller, after a prior unsuccessful request to cease or remedy the violations within a specified period, may terminate the agreement for the provision of Services with a 14-day notice period.

V. Procedure for Concluding a Sales Agreement

1. The information about Products provided on the Online Store’s web pages, in particular their descriptions, technical and functional specifications, as well as prices, constitutes an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code.
2. All Products available in the Online Store are brand new and have been legally introduced to the Polish market.
3. A condition for placing an Order is having an active email account.
4. When placing an Order through the Order form available on the Online Store’s website, the Order is submitted by the Customer to the Seller electronically and constitutes an offer to conclude a Sales Agreement for the Products included in the Order. An offer submitted electronically is binding on the Customer if the Seller sends an order acceptance confirmation to the email address provided by the Customer, which constitutes the Seller’s declaration of acceptance of the Customer’s offer, and upon receipt by the Customer, the Sales Agreement is concluded.
5. Placing an Order in the Online Store via telephone, by sending an email, or by submitting a message through the contact form is possible on Business Days and during the hours indicated on the Online Store’s website. To this end, the Customer should:

a. provide, during a telephone conversation, in the body of an email, or in the message sent via the contact form addressed to the Seller, the name of the Product from among the Products listed on the Online Store’s website and its quantity,

b. indicate the delivery method and payment method from among the delivery and payment options provided on the Online Store’s website,

c. provide the data necessary to process the Order, in particular: first and last name, place of residence, and email address.

6. The information regarding the total value of the Order referred to above is provided by the Seller either verbally after the entire Order has been compiled or via email, along with a notice that by concluding the Sales Agreement, the Customer assumes the obligation to pay for the ordered Product, at which moment the Sales Agreement is concluded.
7. In the case of a Customer who is a Consumer, the Seller shall, after each Order placed via telephone, email, or the contact form, send the Customer a confirmation of the terms of the submitted Order
8. The Agreement is concluded at the moment the Customer who is a Consumer sends an email to the Seller’s email address (in response to the confirmation of the Order terms sent by the Seller), in which the Customer: accepts the content of the submitted Order and agrees to its execution, accepts the content of the Terms and Conditions, and confirms having read the notice on the right of withdrawal from the Agreement.
9. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer’s email address or in writing to the address provided by the Customer.
10. The Sales Agreement is concluded in Polish, with content in accordance with the Terms and Conditions.

VI. Delivery

1. The delivery of Products is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer when placing the Order.
2. The Product is delivered using the Seller’s own transport.
3. On the Online Store’s website, in the Product description, the Seller informs the Customer of the number of Business Days required to process and deliver the Order, as well as the delivery charges for the Product.
4. The delivery and processing time of the Order is calculated in Business Days in accordance with Section VII. 2.
5. The Seller provides the Customer with proof of purchase.
6. If the Products included in the Order have different processing times, the longest period specified applies to the entire Order.

VII. Prices and Payment Methods

1. The Prices of Products are quoted in Polish zloty and include all components, including VAT, customs duties, and other fees.
2. The Customer may choose from the following payment methods:

a. bank transfer to the Seller’s bank account (in this case, the processing of the Order will begin after the Seller sends the Customer an order acceptance confirmation, and the shipment will be made immediately after the funds are received in the Seller’s bank account and the Order has been completed);

b. cash on personal collection – payment at the Seller’s personal collection point (in this case, the processing of the Order will take place immediately after the Seller sends the Customer an order acceptance confirmation, and the Product will be handed over at the Seller’s personal collection point);

c. cash on delivery – payment to the delivery agent upon receipt (in this case, the processing and shipment of the Order will begin after the Seller sends the Customer an order acceptance confirmation and the Order has been completed);

d. electronic payment (in this case, the processing of the Order will begin after the Seller sends the Customer an order acceptance confirmation and receives confirmation from the payment processing system that the Customer has completed the payment, and the shipment will be made immediately after the Order has been completed);

3. The Seller informs the Customer on the Online Store’s website of the deadline by which payment for the Order must be made. If the Customer fails to make the payment within the specified period, the Seller may withdraw from the Agreement under Article 491 of the Civil Code, after a prior unsuccessful request for payment with a set deadline.

VIII. Right of Withdrawal from the Agreement

1. A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement before the period expires.
2. The Customer may draft the statement independently or use the template statement provided by the Seller on the Online Store’s website.
3. The 14-day period is counted from the day on which the Product was delivered, or in the case of a Service Agreement, from the day the Agreement was concluded.
4. Upon receiving the Consumer’s statement of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the withdrawal statement to the Consumer’s email address.
5. The Consumer’s right of withdrawal from the Agreement does not apply in the following cases:

a. the provision of Services, if the Seller has fully performed the Service with the Consumer’s explicit consent, and the Consumer was informed before the commencement of the Service that upon full performance by the Seller, they would lose the right of withdrawal from the Agreement;

b. Agreements in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the withdrawal period expires;

c. Agreements in which the subject of the performance is a non-prefabricated Product, manufactured according to the Consumer’s specifications or intended to meet their individual needs;

d. Agreements in which the subject of the performance is a Product that is perishable or has a short shelf life;

e. Agreements in which the subject of the performance is a Product delivered in a sealed package that cannot be returned after opening for reasons of health protection or hygiene, if the package was opened after delivery;

f. Agreements in which the subject of the performance is Products that, due to their nature, become inseparably combined with other items after delivery;

g. Agreements in which the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control;

h. Agreements in which the Consumer explicitly requested the Seller to visit them in order to perform urgent repair or maintenance; if the Seller additionally provides other services than those requested by the Consumer, or delivers Products other than spare parts necessary for the repair or maintenance, the right of withdrawal from the Agreement applies to the additional services or Products;

i. Agreements in which the subject of the performance is audio or visual recordings, or computer software delivered in a sealed package, if the package was opened after delivery; the delivery of newspapers, periodicals, or magazines, except in the case of a subscription Agreement;

j. Agreements concluded through a public auction;

k. Agreements for the provision of services related to accommodation (other than for residential purposes), transport of goods, car rental, catering, or services related to leisure, entertainment, sports, or cultural events, if the Agreement specifies the day or period of service provision;

l. Agreements for the provision of digital content not supplied on a tangible medium, if the performance has begun with the Consumer’s explicit consent before the withdrawal period expires and after the Consumer was informed by the Seller of the loss of the right of withdrawal from the Agreement.

6. In the case of withdrawal from a distance Agreement, the Agreement is considered not concluded. Any items provided by the parties must be returned in their original condition, unless changes were necessary to determine the nature, features, and functionality of the Product. The return should be made without undue delay, no later than within 14 days. The purchased Product must be returned to the Seller’s address.
7. The Seller shall immediately, but no later than within 14 days from the day of receiving the Consumer’s statement of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivering the Product. The Seller shall make the refund using the same payment method the Consumer used, unless the Consumer agrees to a different method of refund, which must not incur any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until the Product has been returned or until the Customer provides proof of its dispatch, whichever occurs first, unless the Seller has agreed to collect the Product from the Customer.
8. If the Consumer has chosen a method of delivery other than the least expensive standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
9. The Customer bears only the direct cost of returning the Product, unless the Seller has agreed to bear this cost.

IX. Complaints Regarding Products Under the Warranty for Defects

1. The Seller undertakes to deliver the Product free from defects.
2. The Seller is liable to the Customer who is a Consumer for defects under the warranty in accordance with Articles 556–576 of the Civil Code.
3. Complaints arising from the infringement of the Customer’s rights guaranteed by law or under these Terms and Conditions should be directed to XYMEN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Sielec 42, 28-200 Staszów, via email at biuro@xymen.pl, or by phone at +48 600 521 272.
4. To have a complaint processed, the Customer should send or deliver the complained Product, and if possible, include proof of purchase. The Product should be sent or delivered to the address indicated in the previous point. 3.
5. The Seller undertakes to examine each complaint within 14 days.
6. In the case of deficiencies in the complaint, the Seller shall request the Customer to complete it to the necessary extent immediately, but no later than within 7 days from the date the request is received by the Customer.

X. Complaints Regarding the Provision of Electronic Services

1. The Customer may submit complaints to the Seller regarding the operation of the Store and the use of Services. Complaints can be submitted in writing to XYMEN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Sielec 42, 28-200 Staszów, via email at biuro@xymen.pl, or by phone at +48 600 521 272.
2. In the complaint, the Customer should provide their first and last name, correspondence address, and the type and description of the problem encountered.
3. The Seller undertakes to examine each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be processed. In the case of deficiencies in the complaint, the Seller shall request the Customer to complete it to the necessary extent within 7 days from the date the request is received by the Customer.

XI. Warranties

1. Products may come with a manufacturer’s warranty.
2. For Products covered by a warranty, information regarding the existence and terms of the warranty, as well as its duration, is presented in the Product description on the Store’s website.

XII. Out-of-Court Methods for Resolving Complaints and Claims

1. The Customer who is a Consumer has, among others, the following options for using out-of-court methods for resolving complaints and pursuing claims:

a. the Consumer is entitled to refer the matter to a permanent consumer arbitration court operating at the Trade Inspection, requesting the resolution of a dispute arising from the concluded Sales Agreement;

b. the Consumer is entitled to refer the matter to the Voivodeship Inspector of the Trade Inspection, requesting the initiation of mediation proceedings for the amicable resolution of a dispute between the Customer and the Seller;

c. the Consumer may obtain free assistance in resolving a dispute between the Customer and the Seller, including free assistance from the District (Municipal) Consumer Ombudsman or a social organization whose statutory tasks include the protection of Consumers (e.g., the Consumer Federation, the Polish Consumers’ Association). Advice is provided by the Consumer Federation via the free consumer helpline at 800 007 707 and by the Polish Consumers’ Association via email at porady@dlakonsumentow.pl;

d. submit a complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal Data Protection
The personal data provided by Customers is collected and processed by the Seller in accordance with applicable law and in accordance with the Privacy Policy available on the Store’s website.

XIV. Final Provisions

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, domain, website, as well as forms and logos, belong to the Seller, and their use may only occur in a manner specified and in accordance with these Terms and Conditions.
2. The provisions contained in these Terms and Conditions regarding the Consumer, in relation to the right of withdrawal and complaints, apply to a natural person entering into an agreement directly related to their business activity, if it follows from the content of that agreement that it does not have a professional character for that person, in particular with regard to the subject of the business activity performed by them, as registered under the provisions on the Central Registration and Information on Business. The provisions on out-of-court methods for resolving complaints and pursuing claims do not apply.
3. Any disputes arising between the Seller and the Customer who is a Consumer shall be subject to the courts competent in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
4. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be subject to the court competent for the Seller’s registered office.
5. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and other applicable provisions of Polish law shall apply.
6. All Customers will be informed of any changes to these Terms and Conditions via a notice on the main page of the Online Store containing a summary of the changes and their effective date. The effective date of the changes shall be no less than 14 days from the date of their announcement.
7. All graphic materials used on the website are the property of XYMEN Spółka z ograniczoną odpowiedzialnością or are used with the consent of the owner. The graphic materials are for illustrative purposes only and may not reflect the actual appearance of the products.