Terms and Conditions of the Online Store

This Terms and Conditions document contains the operational rules of the Chopzwood online store. Here, you will find specific information about order placement rules, the product offer, the right to withdraw from the contract, and liability for product non-conformity.

§1 Definitions
• Store - an online store located at www.chopzwood.com
• Seller - (JDG) Tomasz Kaczmarczyk conducting business under the name "Kaczmarczyk Meble" with headquarters at Dzianisz 85c (which also serves as the address for deliveries), registered in the Central Register and Information on Economic Activity, NIP: 736 173 09 47, REGON 383533053, email address: contact@chopzwood.com, phone number: +48 518 811 056
• Customer - a natural person, legal person, or organizational unit not being a legal person, to whom specific provisions grant legal capacity, placing an order within the Store and making purchases through the Store.
• Consumer - a natural person entering into an agreement with the Seller, the subject of which is not directly related to their business or professional activity.
• Entrepreneur acting as a consumer - a natural person running a sole proprietorship entering into an agreement directly related to their business activity, if the content of this agreement shows that it does not have a professional character for them.
• Account - a Customer's account created on the Store's online platform, allowing access to purchased services and goods.
• Sales Agreement - a sales agreement for Goods concluded between the Seller and the Customer through the Store.
• Goods - a physical item, digital content, or service, which is the subject of sale in the Store.
• Seller's Data - Seller's contact details, especially for complaints and returns: address: Dzianisz 85c, phone number: +48 518 811 056, email address: support@chopzwood.com
• User - Customer or recipient of services provided by the Seller

§2 Preliminary Provisions
1. This regulation defines the rules for using the Store and the rules and procedure for concluding distance sales contracts through the Store.
2. The Regulations are continuously available on the Store's website in a way that allows them to be downloaded, reproduced, and recorded by printing or saving on a medium at any time.
3. Shopping in the Store requires access to a computer or mobile device with internet access, a standard operating system, access to a web browser supporting JavaScript, and necessary cookies, as well as an email account. In addition, to make purchases, it is necessary to complete the ordering process, during which it is necessary to provide the data necessary to fulfill the order.
4. If the Seller offers digital content or services, and their use requires meeting additional technical conditions, these conditions are indicated in the description of these products in the Store.
5. In the event of announcing a price reduction of a product, the Seller informs about the lowest price from the 30 days period before the price reduction, in accordance with art. 4 para. 2 of the Act of 9 May 2014 on informing about the prices of goods and services.
6. The specifics of each product and its characteristics are found in the product descriptions in the Store.
7. Sending unlawful content via forms is prohibited.

§3 Placing Orders in the Store
1. The Customer can place orders in the Store after logging into their customer account or without registration.
2. The gross price of the product, including VAT, is stated on the Store's website. The prices of products do not include delivery costs, which are indicated each time during the order process.
3. Information about the products provided on the Store's web pages, especially their descriptions, technical and functional parameters, and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
4. After selecting a Product, to make a purchase, the Customer should follow the steps indicated on the Store's pages. If the Customer has a discount code, they can enter it in the cart or during the order process. The Customer can then calculate the cart costs and proceed to payment.
5. To place an order, the Customer must provide the required data in the forms marked as mandatory. Until clicking the button to complete the order, the Customer has the option to modify the order or the provided data.
6. To finalize the order, it is necessary for the Customer to place the order by clicking the "Buy and pay" button on the order summary page. To place an order, it is necessary to previously add products to the cart, complete the data, and express the required consents, including acceptance of the terms and conditions.
7. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution by the Seller is made by sending a relevant e-mail message to the Customer at the e-mail address provided by them during the Order placement, containing at least the Seller's statement of receipt of the Order and its acceptance for execution, and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail message by the Customer, the Sales Agreement is concluded between the Customer and the Seller.
8. Depending on the ordered goods, an agreement may be concluded between the Customer and the Seller:

a) in the case of physical goods - a sales agreement,
b) in the case of services - a service provision agreement,
c) in the case of digital content (e.g., e-book) - an agreement on the delivery of digital content,
d) in the case of digital services (e.g., some online courses) - an agreement for the provision of digital services.
    9. The registration, securing, and providing the Customer with the content of the Sales Agreement is done by making this Regulation available on the Store's website and sending the Customer an e-mail message. The content of the Sales Agreement is additionally recorded and secured in the Seller's Store IT system.
    10. The Seller reserves the right to suspend the execution of an order in the event of justified doubts as to the truthfulness and reliability of the data entered by the Customer in the registration form. In such a situation, the store will immediately contact the Customer.

    §4 Delivery and Payments

    1. Delivery of the Goods is available within the territory of the Republic of Poland.
    2. The Customer can choose from the delivery methods indicated during the order placement process, namely:
    1. Polish Post Office S.A. 
    2. DHL
    3. Other courier companies
    3. Delivery of Goods to the Customer is chargeable if the Goods require physical shipment, unless the sales agreement states otherwise. The delivery costs (including transport, delivery, and postal services fees) are indicated to the Customer on the Store's website in the delivery cost information tab and during the order placement process, including at the time of expressing the Customer's will to be bound by the Sales Agreement. In justified cases, the Store may send several separate shipments as part of one order without incurring additional costs for the Customer.
    4. The delivery time of the Goods to the Customer is up to 10 business days, unless a different delivery time is specified in the description of the particular Goods or during the order placement, in which case the delivery time indicated for the Goods with the longest delivery time shall apply.
    5. If the Seller offers digital content or services, their electronic delivery will take place immediately, but no later than within 2 business days, unless otherwise specified in the description of the particular Goods (e.g., pre-sale). The deadlines specified in paragraphs 4 and 5 above are counted from the day of crediting the transfer to the Seller's account or from the day of confirmation of accepting the order for execution in the case of cash on delivery payments.
    6. Access to digital content and services, if offered, may also be provided periodically, in accordance with their description.
    7. The Store accepts payment methods available during the order placement process, including traditional bank transfer and electronic payments.
    8. The Seller provides the Customer with the following payment methods under the Sales Agreement:
    1. Cash payment on delivery,
    2. Bank transfer to the Seller's bank account,
    3. Electronic payments via
      • STRIPE PAYMENTS SP. Z O.O. KRS: 0000937028 REGON: 520642121.
      • PayPal (Europe) S.à r.l. et Cie, S.C.A. VAT: LU22046007.
    9. If the Customer chooses payment by bank transfer or electronic payments, they are obliged to make the payment within 5 business days from the date of concluding the Sales Agreement. After this period, the order may be canceled.
    10. The Customer agrees to receive the invoice in electronic form.

    §5 Non-conformity of Goods with the Contract; Complaints

    1. The basis and scope of the Seller's liability towards the Customer if the sold Goods have a defect are determined by generally applicable provisions of law, in particular by the Consumer Rights Act.
    2. The Seller hereby informs about the liability provided by law for the conformity of the service with the contract. The Consumer has the right to use the warranty if granted.
    3. Before filing a complaint and sending the Goods back to the Seller, the Customer is requested to contact the Seller by phone at +48 518 811 056 or via email: support@chopzwood.com to expedite the complaint process and resolve the issue.
    4. The appropriate address for complaints and the return of Goods is: Dzianisz 85c, 34-514 Dzianisz, Poland.
    5. The Goods are compliant with the contract if, in particular, their description, type, quantity, quality, completeness, and functionality remain consistent with the contract. Regarding Goods with digital elements, their compatibility, interoperability, and the availability of updates, as well as their suitability for a specific purpose communicated by the Consumer to the Seller at the latest at the time of conclusion of the contract and accepted by the Seller, should also remain consistent.
    6. If the Goods are non-compliant with the contract, the Consumer may demand their repair or replacement.
    7. The Seller may exchange the Goods when the Consumer requests a repair, or the Seller may repair the Goods when the Consumer requests a replacement if bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the Goods into conformity with the contract.
    8. The Seller carries out repairs or replacements within a reasonable time from the moment the Consumer informs them of the lack of conformity with the contract, and without excessive inconvenience to the Consumer, taking into account the specific nature of the Goods and the purpose for which the Consumer acquired them. The costs of repair or replacement, including in particular postal charges, transport, labor, and materials, are borne by the Seller.
    9. The Consumer provides the Goods subject to repair or replacement to the Seller. The Seller collects the Goods from the Consumer at their expense. The Consumer is not obliged to pay for the ordinary use of the Goods, which have then been replaced.
    10. In cases specified in the Consumer Rights Act, the Consumer may submit a statement of price reduction or withdrawal from the contract. This applies in particular when the Seller refused to bring the Goods into conformity with the contract or did not bring the Goods into conformity with the contract.
    11. The Seller refunds the amounts due to the Consumer as a result of exercising the right to a price reduction promptly, no later than within 14 days from the day of receiving the Consumer's statement of price reduction.
    12. In the event of withdrawal from the contract, the Consumer immediately returns the Goods to the Seller at their expense. The Seller refunds the Consumer promptly, no later than within 14 days from the day of receiving the Goods or proof of their return.
    13. The Consumer cannot withdraw from the contract if the lack of conformity of the Goods with the contract is immaterial. It is presumed that the lack of conformity of the Goods with the contract is material.
    14. The Entrepreneur is liable for defects in the Goods existing at the time of their delivery and revealed within two years from that time, unless the Goods' shelf life, determined by the Entrepreneur, their predecessors in title, or persons acting on their behalf, is longer.
    15. It is presumed that the lack of conformity of the Goods with the contract, which appeared before the expiration of two years from the time of delivery of the Goods, existed at the time of their delivery, unless proven otherwise or unless such a presumption is inconsistent with the Goods' nature or the nature of the lack of conformity of the Goods with the contract.
    16. The Seller is obliged to respond to the Consumer's complaint within 14 days from the date of its receipt.
    17. The Seller complies with the provisions of Chapter 5b of the Consumer Rights Act regarding contracts for the supply of digital content or digital services. The Seller is liable for the lack of conformity of digital content or digital services provided continuously, which occurred or was revealed during the period in which they were to be provided according to the contract. This period cannot be shorter than two years from the date of delivery of Goods with digital elements. It is presumed that the lack of conformity of digital content or digital services with the contract occurred during this period if it was revealed during this period.
    18. If a warranty has been granted for the Goods, information about it, as well as its content, will be included in the description of the Goods in the Store.
    19. Rights due to the non-conform

    §6 Right of Withdrawal from the Agreement

    1. You have the right to withdraw from this agreement without giving any reason within 14 days from the day you acquire the purchased items. The deadline for withdrawing from the agreement expires after 14 days from the day on which you or a third party other than the carrier and indicated by you acquire the items. In the case of purchasing digital content, services, or digital services, you have the right to withdraw from the agreement within 14 days from the date of concluding the agreement.
    2. To exercise the right of withdrawal from the agreement, you must inform us (Kaczmarczyk Meble, Dzianisz 85c, 34-514 Dzianisz, tel. +48 518 811 056 email: support@chopzwood.com) of your decision to withdraw from this agreement by means of a clear statement (for example, by filling out the withdrawal form attached as annex 1 or by sending a letter by post or email).
    3. You may use the withdrawal form template, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
    4. In the event of withdrawal from this agreement, we will refund all payments received from you, including the costs of delivery of the items (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this agreement.
    5. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
    6. We may withhold reimbursement until we have received the items back or you have supplied evidence of having sent back the items, whichever is the earliest.
    7. Please return the items to: Dzianisz 85c, 34-514 Dzianisz, Poland.
    8. Please send back or hand over the items to us immediately, and in any event not later than 14 days from the day on which you informed us of your withdrawal from this agreement. The deadline is met if you send back the items before the period of 14 days has expired.
    9. You will have to bear the direct cost of returning the items.
    10. You are only liable for any diminished value of the items resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the items.
    11. Pursuant to Article 38 of the Consumer Rights Act, the right of withdrawal from the Sales Agreement does not apply to the Consumer in relation to the agreement, among others:
    1. for the provision of services for which the consumer is obliged to pay a price, if the entrepreneur has fully performed the service with the express consent of the consumer who was informed before the commencement of the service that after the performance of the service by the entrepreneur, they will lose the right to withdraw from the agreement, and the consumer accepted it;
    2. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur does not control, and which may occur before the withdrawal period expires;
    3. for the provision of goods made to the consumer's specifications or clearly personalized;
    4. for the provision of goods which are liable to deteriorate or expire rapidly;
    12. The right of withdrawal from a distance contract is not available to entities other than Consumers or Entrepreneurs on consumer rights.

    §7 Provision of Electronic Services

    1. The Seller takes actions to ensure the fully correct operation of the Store, to the extent resulting from the current technical knowledge, and undertakes to remove any irregularities reported by Customers using the Seller's Data within a reasonable time.
    2. Free electronic services provided by the Seller include: a) the possibility to create an account in the Store, b) the possibility to conclude an agreement with the Seller electronically, c) the possibility to receive a newsletter (if the option to sign up for the newsletter is provided on the Store's website).
    3. The account is created by filling out the registration form or, if such an option is provided, by consenting during the order placement process. Upon successful registration of an account in the Store, an indefinite-term free electronic service agreement is concluded.
    4. The Customer can delete the account at any time in the customer panel or by sending a request to delete it to the Store's email address.
    5. The customer's account stores information about the customer's data and placed orders. In the event of deleting the account, the Seller will store information about placed orders until the expiration of the limitation period for possible claims arising from a specific legal relationship or for the entire duration of the Store's operation - unless the Customer objects to the storage of this information, and the Seller does not have a legally justified interest in storing it.
    6. Signing up for the newsletter can be done by sending a completed newsletter sign-up form or by checking the consent box during the order placement process. In the case of successful newsletter sign-up, the Seller provides an electronic service consisting of sending the Customer email messages containing information about the Seller's products, promotions, or services. The Customer can unsubscribe from the newsletter at any time by clicking on the unsubscribe button included in the email message or by sending a withdrawal to the Store's email address.
    7. In the event of a desire to file a complaint, the Customer should provide their name and surname, correspondence address, type, and date of occurrence of the irregularity related to the functioning of the store.
    8. The Seller undertakes to consider each complaint regarding the operation of the Store within 14 days. The Customer is requested to send the complaint to the Seller's email address.
    9. The content of the newsletter is subject to copyright protection. It is prohibited to copy, record, or distribute them without the Seller's consent.
    10. The Consumer may withdraw from the agreement for the supply of digital content within 14 days of its conclusion without giving any reason by notifying the Seller. Regardless of this, the user may at any time submit a statement of resignation from the services provided.

    §8 Provisions Concerning Entrepreneurs

    1. The provisions of this paragraph concern customers who are entrepreneurs.
    2. The parties completely exclude liability for defects under warranty.
    3. The Seller may terminate the agreement for the provision of electronic services regarding maintaining the Customer's account with immediate effect and without stating reasons. This does not result in any claims against the Seller.
    4. The Seller has the right to withdraw from the agreement without giving any reason within 14 days of its conclusion by sending a relevant statement to the entrepreneur. This does not result in any claims against the Seller.
    5. The Customer is obliged to inspect the shipment in the manner and within the time frame accepted for a given type of shipment and should immediately take actions to determine the carrier's liability. The Seller is not responsible for the loss, shortage, damage to the Goods, and for the delay in the delivery of the shipment occurring from the time of its acceptance for transport to its delivery to the entrepreneur.
    6. The Seller has the right to limit the available payment methods and require the entrepreneur to make full or partial prepayment.
    7. The total liability of the Seller towards the entrepreneur for non-performance or improper performance of the agreement by the Seller is limited to the amount paid for the Goods and the delivery costs. The Seller is not liable for any lost profits in relation to the entrepreneur.
    8. The competent court for resolving disputes between the Seller and the entrepreneur is the court having jurisdiction over the Seller's registered office.
    9. The provisions of this paragraph do not aim to limit the rights of the entrepreneur as a consumer, which are granted to them under the universally applicable provisions.

    §9 Reviews

    1. In the case of presenting consumer opinions, the Seller verifies opinions about services and goods and has implemented appropriate solutions to assess their authenticity. After issuing the opinion, it is verified by a store employee. If there are doubts about the authenticity of the opinion, they are clarified based on evidence presented on the purchase of a specific service. If it turns out that the data contained in the opinion and obtained during clarifications cannot be linked to the order that was the subject of the opinion, such opinion is removed.
    2. We publish all opinions (both positive and negative) and do not interfere with their content, nor do we offer additional benefits related to issuing or withdrawing opinions.
    3. For the above reasons, we can ensure that the opinions available on the Store's website are verified and authentic, reflecting real shopping experiences.
    4. Opinions about the Store may be issued on other entities' websites. In the case of such opinions, the credibility and authenticity assessment rules applied by these entities apply. From our side, the Store makes every effort to ensure that opinions about the store are always credible and authentic.

    §10 User Content

    1. User Content is posted independently or through the Store by every User:
    1. opinions or comments about the store or products,
    2. additional, non-required information included on the customer's account, posted independently or through the Store.
    2. The User may not publish content that constitutes illegal content within the meaning of the Digital Services Act (DSA) or is otherwise inconsistent with the law, these regulations, or good manners, in particular:
    1. content intended to commit an offense or crime,
    2. content infringing personal rights or copyrights,
    3. content that is spam,
    4. content intended for conducting unfair competition, including unauthorized marketing activities,
    5. content inconsistent with the subject matter of the relevant service.
    3. We may verify, block, and remove content that is illegal, while observing the principles of objectivity and due diligence.
    4. Reporting illegal content should include:
    1. sufficiently justified explanation of the reasons why a particular person or entity alleges that the information in question constitutes illegal content,
    2. indication, as far as possible, of the electronic location of the information, such as the URL address, and additional information enabling the identification of illegal content,
    3. the name and surname or name and email address of the person or entity making the report - except for reports concerning information considered related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU;
    4. a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
    5. If, as a result of our own verification or as a result of a report, we determine that certain content is illegal, we may decide to block or remove it.
    6. Both the User who reported the content and disagrees with our decision, and the User whose content we deemed illegal, have the right to appeal decisions regarding content through the contact point indicated in paragraph 13 below. The appeal should include the name, surname, contact details, and justification for the request to change the decision.
    7. Upon filing an appeal, we will promptly acknowledge its receipt and consider it within 14 days. Appeals will not be considered in an automated manner. The justification for our decision will be prepared in accordance with all requirements arising from the Digital Services Act.
    8. The User has the right to appeal decisions regarding content through the contact point indicated in paragraph 13 below. The appeal should include the name, surname, contact details, and justification for the request to change the decision.
    9. In the event of flagrant disregard for the provisions of this section and the publication of illegal content, we may decide to temporarily block (suspend) or delete the account, as well as limit the functionality of the account.
    10. The condition for making a decision regarding a user account is to observe the principles of objectivity and due diligence. An appeal against such a decision is possible, which will not be considered in an automated manner. The appeal will be considered within 14 days, and the User will be promptly informed of its outcome.
    11. We are not liable for User Content if:
    1. we have no actual knowledge of illegal activity or illegal content, and in relation to claims for damages - we are not aware of the factual situation or circumstances that obviously indicate illegal activity or illegal content;
    2. we promptly take appropriate action to remove or prevent access to illegal content upon obtaining such knowledge or notification.
    12. If we obtain any information giving rise to suspicion that a crime threatening the life or safety of a person or persons has been committed, is being committed, or may be committed, we will immediately notify the law enforcement authorities or judicial authorities of the Member State concerned or the Member States concerned and provide all available information on the matter.
    13. We have established a contact point, which serves to fulfill our obligations under the Digital Services Act (DSA) and through which relevant authorities and Users can communicate with us: contact@chopzwood.com. Using the provided email address, it is possible, in particular, to report content that the User deems illegal.
    14. None of the above provisions serve to limit the rights of the User and should not be interpreted in such a way.