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Store Rules and Regulations

TERMS AND CONDITIONS OF THE EXITO ONLINE STORE

These Terms and Conditions set out the rules for making purchases in the online store operating at www.exito.sklep.pl, run by the Seller.

The Seller is Dariusz Światłoń, running a sole proprietorship business under the name "Dariusz Światłoń Exito," entered in the Central Registration and Information on Business (CEIDG), holding Tax ID (NIP) 945-186-90-58 and Statistical Number (REGON) 120218051.

The Seller can be contacted at: ul. Gersona 28, 30-818 Kraków, phone (12) 657 00 30 (Mon–Fri 11:00–18:00, Sat 9:00–13:00), email: [email protected]

  • 1 Definitions

Terms and Conditions – these Terms and Conditions, setting out the rules for making purchases in the online store operating at www.exito.sklep.pl.

Store – the online service operated by the Seller, available at www.exito.sklep.pl, through which the Customer may place an Order.

Customer – a natural person, legal person, or organizational unit without legal personality, who places Orders in the Store under the rules set out in these Terms and Conditions.

Consumer – a Customer who is a natural person using the Store for purposes not directly related to their business activity.

Entrepreneur with Consumer Rights – a natural person entering into a contract directly related to their business activity, where it is clear from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject matter of the business activity made available under the provisions on the Central Registration and Information on Business.

Order – a declaration of intent by the Customer specifying the type and quantity of Goods they wish to purchase, aimed directly at concluding a Sales Agreement.

Goods – a movable item presented in the Store, which is the subject of the Sales Agreement.

Sales Agreement – a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer using the Store's online service.

  • 2 General Provisions
  1. These Terms and Conditions set out the rules for using the Store and form an integral part of the Sales Agreement concluded between the Customer and the Seller.
  2. The Store conducts retail sales of Goods presented on the Store's website via the Internet.
  3. The Store may organize promotional sales campaigns and clearance sales for Goods, which it announces on the Store's website.
  4. Using the Store requires having an active email account and a device connected to the Internet, equipped with one of the following web browsers, updated to its latest version: Google Chrome, Mozilla Firefox, Internet Explorer, Opera, Microsoft Edge.
  5. Placing an Order in the Store requires the Customer to first read these Terms and Conditions and accept them before starting the Order fulfillment process.
  6. All Goods offered in the Store are brand new and in original packaging.
  7. Models offered by the Seller are sold without assembly materials, in particular such as glues, paints, or tools, as well as without stands or display bases, unless stated otherwise.
  8. The Seller offers Store Customers a newsletter service, provided under the rules set out in a separate policy, available HERE.
  • 3 Placing Orders
  1. All prices of Goods in the Polish version of the Store are given in Polish zloty and include VAT.
  2. Orders from Customers are accepted via the Store's website – www.exito.sklep.pl.
  3. Orders may be placed via the Store's website 24 hours a day, 7 days a week, year-round.
  4. Purchases in the Store may be made after the Customer registers on the Store's website and creates a Customer account, or without registration.
  5. When registering, in order to create a Customer account, the Customer is required to provide the contact details specified in the form, including login, password, first name, surname, address, phone number, and email address. Providing this data is voluntary but necessary to fulfill the Order.
  6. In order to purchase Goods without prior registration or creating a Customer account, the Customer must provide: first name, surname, address, phone number, and email address. Providing this data is voluntary but necessary to fulfill the Order.
  7. The Order placement process is as follows: the Customer selects the Goods of interest, adds them to the "Cart," selects the form of payment and delivery, confirms their selection by clicking the "Order" button, then provides the shipping address details, and, if choosing a parcel locker as the shipping method, selects the parcel locker and accepts that service's terms, verifies the data provided in the order "Summary," accepts these Terms and Conditions, and finally confirms the Order. The Order is placed by clicking the "Confirm Purchase" button.
  8. Upon placing the Order (clicking the "Confirm Purchase" button), a Sales Agreement for the Goods covered by the Order is concluded between the Customer and the Seller.
  9. After successfully placing an Order, the Customer receives an automatic confirmation of Order receipt from the Store by email.
  10. The time for beginning Order fulfillment is counted from the moment payment for the ordered Goods is received in the Seller's bank account specified in the Order confirmation, or from the moment the "Cash on Delivery" option is selected.
  • 4 Order Fulfillment
  1. The total Order fulfillment time consists of the time needed by the Seller to prepare the shipment of the Goods and the delivery time declared by the postal operator/courier company. Shipping times for Goods can be found HERE. The delivery times declared by carriers are provided HERE.
  2. Taking into account the periods referred to in item 1, ordered Goods are prepared for shipment within 48 hours (excluding Saturdays, Sundays, and public holidays) from the date payment is registered in the Seller's bank account, or – in the case of cash-on-delivery shipping – within 48 hours from the date the Order was placed. The Store informs the Customer that the Order has been completed by email.
  3. For certain Goods, the shipment preparation time may be longer than indicated in item 2. In such a case, the Store will inform the Customer of the Order fulfillment deadline immediately after determining the time needed to prepare the shipment, but no later than within 48 hours (excluding Saturdays, Sundays, and other public holidays) from the date payment is registered in the Seller's bank account, or – in the case of cash-on-delivery shipping – within 48 hours from the date the Order was placed. If the waiting period for shipment preparation is extended beyond that stated by the Store in the notice of fulfillment deadline, the Customer is entitled to withdraw from the Sales Agreement.
  4. If it turns out that the Goods ordered by the Customer are unavailable for reasons beyond the Store's control, the Store will inform the Customer immediately, indicating the anticipated Order fulfillment date. In such a case, if the Customer does not accept the indicated date, or if the Goods are permanently unavailable and even an approximate availability date is unknown, the Customer is entitled to withdraw from the Sales Agreement.
  5. For a Customer withdrawing from the Sales Agreement, the Store will refund all payments made without delay, but no later than within 7 days of receiving the Customer's statement of withdrawal from the Sales Agreement.
  6. A limited quantity of Goods is allocated to promotional sales and clearance sales, and Orders for these Goods are fulfilled in the order in which confirmed Orders are received, until the pool of Goods covered by this form of sale is exhausted.
  7. Except in the case of personal collection of the Goods at a physical location, the Goods are shipped to the address indicated in the Order form.
  8. A fiscal receipt or VAT invoice is included with the shipment containing the Goods – the Customer may indicate, during the order placement process, a wish to receive an invoice.
  • 5 Shipping Costs. Payment
  1. The payment amount owed by the Customer consists of the value of the ordered Goods and the shipping cost within Poland.
  2. The Customer may choose the following forms of payment for ordered Goods: bank transfer to the Store's account; cash on delivery; quick transfer from an account or payment card (Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro) via the Shoper Payments system, Przelewy24, PayU, or PayPal.
  3. The Store provides Customers with an appropriate transaction form.
  4. In the case of payment via the Shoper Payments system, data from the form is automatically transferred to the settlement agent via the Przelewy24 system. The online payment operator is Blue Media S.A., with its registered office in Sopot, 81-718, at ul. Powstańców Warszawy 6, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ, 8th Commercial Division, under KRS no. 0000320590, NIP 585-13-51-185, REGON 191781561.
  5. In the case of payment via the Przelewy24 system, data from the form is automatically transferred to the settlement agent via the Przelewy24 system. The payment card operator is PayPro SA Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS no. 0000347935, NIP 7792369887, REGON 301345068.
  6. In order to complete payment, the Customer should confirm the payment on the settlement agent's website, in accordance with the rules set by that agent. If any changes are made to the payment form provided on those pages and automatically filled in by the Shoper Payments or Przelewy24 system, the payment may fail.
  7. In the case of payment via PayPal, the customer is redirected to the PayPal website to complete the payment. Payment is carried out in accordance with the rules set by PayPal.
  8. Shipping cost depends on the method of payment and the method of delivery.
  9. Forms and current delivery costs for Goods can be found HERE.
  10. After prior arrangement with the Store, personal collection of ordered Goods is possible at the physical location at: ul. Gersona 28, 30-818 Kraków. Personal collection does not incur any delivery charges. Collection is possible after the Customer receives an email stating that the Goods are ready for collection.
  11. The deadline for payment for ordered Goods is 14 days from confirmation that the order has been completed. An exception applies where the Customer chooses cash-on-delivery shipping or personal collection – in which case payment is made upon collection.
  • 6 Complaints
  1. The Store is obliged to deliver Goods to the Customer that conform to the Sales Agreement.
  2. The basis and scope of the Store's liability if the sold Goods do not conform to the Sales Agreement (warranty) are set out in generally applicable law, in particular the Consumer Rights Act and the Civil Code.
  3. The rights arising from non-conformity of Goods with the Sales Agreement set out in the Consumer Rights Act also apply to Entrepreneurs with Consumer Rights.
  4. If the Goods do not conform to the Sales Agreement, the Customer – regardless of exercising warranty rights – may make use of the manufacturer's guarantee, on the terms set by the manufacturer, if such a guarantee has been granted. Claims directed to manufacturers under the guarantee may be submitted via the Store, using the communication channels indicated in item 6 below.
  5. The Customer has the right to file a complaint if the non-conformity of the Goods with the Sales Agreement existed at the time of delivery or became apparent within two years of that moment, unless the shelf life of the goods specified by the entrepreneur, its legal predecessors, or persons acting on their behalf is longer.
  6. A complaint may be filed by the Customer as follows: in writing to the address ul. Gersona 28, 30-818 Kraków; by email to [email protected]; or in person at ul. Gersona 28, 30-818 Kraków.
  7. It is recommended that the Customer's complaint description include: (1) identification of the subject of the complaint (the Goods) and the reasons for filing it, in particular the type and date of the defect's occurrence; (2) a statement of the desired way the Seller should bring the Goods into conformity with the Sales Agreement (repair or replacement) or another claim by the Customer; and (3) the contact details of the person filing the complaint – this will make it easier and faster for the Store to process the complaint.
  8. The Store is obliged to respond to a complaint filed by the Customer within 14 days of its receipt. Failure to respond within this period is considered acceptance of the complaint. The Store will send its response to the complaint to the Customer in writing or by email, in accordance with the details provided by the Customer during the complaint process.
  9. If, in order for the Store to respond to the complaint or for the Customer to exercise their warranty rights, it is necessary to deliver or make the Goods available, the Customer will be asked to deliver the Goods, at the Store's expense, to the address ul. Gersona 28, 30-818 Kraków, or to make them available at the location where the Goods are located.
  • 7 Right of Withdrawal from the Sales Agreement
  1. A Customer who is a Consumer may withdraw from the Sales Agreement within 14 calendar days without giving a reason. To meet the deadline, it is sufficient to send the statement before it expires. A statement of withdrawal from the Sales Agreement may be submitted: in writing to ul. Gersona 28, 30-818 Kraków; by email to [email protected]; or in person at ul. Gersona 28, 30-818 Kraków.
  2. A sample withdrawal form is included in Annex 2 to the Act of 30 May 2014 on Consumer Rights and is additionally available HERE.
  3. If a statement is submitted by a Customer who is a Consumer by email, the Store will promptly send confirmation of receipt of the withdrawal statement in writing or by email.
  4. The withdrawal period begins from the moment the Customer who is a Consumer, or a third party other than the carrier indicated by that Consumer, takes possession of the Goods.
  5. In the event of withdrawal from the Sales Agreement, the agreement is considered not to have been concluded. The Store is obliged, promptly and no later than within 14 calendar days from the day it receives the withdrawal statement, to refund the Customer all payments made, including delivery costs (except for additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Store).
  6. The Store will refund the payment using the same payment method used by the Customer who is a Consumer, unless the Customer has expressly agreed to a different method of refund. If the Store has not offered to collect the product from the Customer itself, it may withhold the refund of payments received from the Customer who is a Consumer until it receives the Goods back, or until the Customer provides proof of having sent them back, whichever occurs first.
  7. The Customer is obliged, promptly and no later than within 14 calendar days from the day of withdrawal from the Sales Agreement, to return the product to the Store, unless the Store has offered to collect the Goods itself. To meet the deadline, it is sufficient to send the Goods back before it expires. The Consumer may return the Goods: by sending them to ul. Gersona 28, 30-818 Kraków; or in person at ul. Gersona 28, 30-818 Kraków.
  8. The Customer is liable for any decrease in the value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
  9. The Customer who is a Consumer bears the direct cost of returning the Goods.
  10. The provisions of §7 of these Terms and Conditions concerning Consumers also apply to Entrepreneurs with Consumer Rights.
  • 8 Rules for Publishing Reviews of Goods on the Store's Website
  1. The Seller enables the publication of reviews of Goods on the Online Store's website. A review should be written in Polish, observing correct Polish language usage.
  2. Adding reviews by Store users may not be used for unlawful activities, in particular acts constituting unfair competition, or actions infringing personal rights, intellectual property rights, or other rights of the Seller or third parties. A Store user adding a review is obliged to act in accordance with the law, these Terms and Conditions, and good practice.
  3. Reviews are subjective statements of their authors and do not constitute the opinion of the Seller. The authors of reviews bear full responsibility for statements posted in the Store.
  4. The Seller does not verify whether the reviews added come from its Customers. The Seller does not publish sponsored reviews.
  5. The Seller publishes both positive and negative reviews. Before publication, a review's compliance with these Terms and Conditions is verified.
  • 9 Protection of Personal Data. Cookie Policy
  1. The Seller is the administrator of the personal data provided by Store Customers.
  2. Personal data is used to fulfill the Sales Agreement, and, where the Customer has given appropriate consent, is also used for marketing the Seller's products and services under the terms specified in the Customer's consent to their disclosure.
  3. Personal data is provided by Customers voluntarily.
  4. Customers have the right to access the content of their data, to request its correction, to restrict its processing, to transfer it, and to have it deleted promptly.
  5. The Seller uses cookies, i.e., small text information stored on the Customer's end device (e.g., computer, tablet, smartphone). The rules on the use of cookies are available HERE.
  • 10 Changes to the Terms and Conditions
  1. These Terms and Conditions are effective as of 14 February 2023.
  2. The Store reserves the right to change these Terms and Conditions. In such a case, Sales Agreements concluded before the change will be governed by the version of the Terms and Conditions in force on the date the Customer placed the Order.
  3. Customers with a registered Store account will be notified of a change to the Terms and Conditions by email.
  4. If the Terms and Conditions have changed since the Customer's last login referred to in item 3, the Customer will be required to declare acceptance or non-acceptance of the new Terms and Conditions. If the amended Terms and Conditions are not accepted, it will no longer be possible to make purchases in the Store using the existing Customer account.
  • 11 Final Provisions
  1. Polish law is the governing law for the Sales Agreement.
  2. In matters not regulated by these Terms and Conditions, generally applicable legal provisions apply, including the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).
  3. Disputes arising in connection with the performance of the Sales Agreement and the application of these Terms and Conditions will be resolved by the court having subject-matter and territorial jurisdiction in accordance with the Act of 17 November 1964 (Journal of Laws No. 43, item 296, as amended), the Code of Civil Procedure.
  4. A Customer who is a Consumer has the option of using out-of-court means of handling complaints and pursuing claims. Among other things, a Customer who is a Consumer may: a) apply to a permanent amicable consumer court to resolve a dispute arising from the concluded Sales Agreement; b) seek assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
  5. Detailed information on out-of-court means of handling complaints and pursuing claims can be found by the Consumer on the website www.uokik.gov.pl.
  6. To resolve a dispute arising from the Sales Agreement, the Consumer may also use the ODR platform, available at www.ec.europa.eu/consumers/odr. The ODR platform serves to resolve disputes between consumers and businesses seeking an out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or service agreement.