GENERAL PROVISIONS
1 / This online store is available at luft-sklep.pl.
2 / It is operated by the Honolulu Social Cooperative, registered with the District Court for Katowice-Wschód, 8th Commercial Division of the National Court Register. The cooperative’s registered office is located at ul. Koszalińska 18, 40-717 Katowice, Tax ID (NIP) 9542747680, National Business Registry Number (REGON) 243497937. The customer may contact the seller via email at kontakt@luft-sklep.pl, or by calling +48 452 977 256.
3 / The LUFT online store is an online platform for purchasing handmade products. The physical store is located at ul. Koszalińska 18, 40-717 Katowice. Purchasing from the store constitutes acceptance of these Terms and Conditions.
DEFINITIONS
1 / The terms used in these Terms and Conditions shall have the following meanings:
1.1 / Seller – a social economy entity based in the Silesian Voivodeship that offers products or services via an online platform and a brick-and-mortar store;
1.2 / Online platform, online store, store website – the online marketplace named LUFT;
1.3 / Terms and Conditions – these Terms and Conditions;
1.4 / Customer: a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; a legal entity; an organizational unit without legal personality to which the law grants legal capacity, which has entered into or intends to enter into a sales contract or a contract for the provision of services with the seller;
1.5 / Product - a movable item available on the Online Platform and in the brick-and-mortar store that is the subject of a sales contract between the Customer and the seller. Whenever the Terms and Conditions refer to a product or products, this shall also be understood to mean a service or services, as applicable;
1.6 / Service – a service available on the online platform that is the subject of a service agreement between the Customer and the seller;
1.7 / Business Day – any day from Monday through Friday, excluding public holidays;
1.8 / User Account – a set of resources within the service provider’s IT system, identified by a unique username (login) and password provided by the user, in which data provided by the user and information about orders placed by the user in the online store are stored;
1.9 / Order Form – an interactive form available in the online store, enabling the placement of an order, in particular by adding products to the electronic shopping cart and specifying the terms of the sales contract, including the method of delivery and payment;
1.10 / Order – a declaration of intent by the Customer submitted via the order form and aimed directly at concluding a sales contract;
1.11 / Sales Contract – a sales contract within the meaning of the Civil Code for a product or products, concluded between the seller and the Customer via the online store platform. The term “sales contract” shall also be understood to include a contract for the provision of services;
1.12 / Service Agreement – an agreement for the provision of a service or services as defined by the Civil Code, concluded between the Seller and the Customer via the online store platform.
SCOPE OF SERVICES PROVIDED ELECTRONICALLY
1 / The store owner conducts mail-order retail sales of artistic handicrafts, made by people with disabilities during therapeutic activities, through the online store.
2 / Services provided electronically under these Terms and Conditions consist of enabling the use of the online store for the purpose of concluding a sales contract and fulfilling it.
3 / The contract for the provision of electronic services is concluded for an indefinite period.
4 / Orders may be placed after registering an individual Customer account or after providing personal data each time. A Customer who has registered may place an order after logging into their Customer account by entering their email address and password.
TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES
1 / In order to use the services provided under these Terms and Conditions, the Customer must have access to the Internet, including a web browser capable of supporting the website, JavaScript enabled, and an active email address. The Customer may consent to the use of cookies. Detailed information regarding the purpose of storing and accessing information via cookies can be found on the store’s website, under the Privacy Policy tab.
ORDER PLACEMENT AND FULFILLMENT PROCEDURE
1 / An order is placed by using the “Add to Cart” option, which is located next to every product available in our store. To view the items in your cart, select the cart icon in the upper right corner of the website. By selecting the “Proceed to Checkout” option, the Customer can proceed to the next stage of the order process.
2 / Correctly providing contact information is a prerequisite for processing your order.
3 / Product orders can be placed 7 days a week, 24 hours a day. Products can be received either by shipping them to the delivery address provided by the Customer, or by visiting the store’s physical location at 18 Koszalińska Street in Katowice.
4 / The store reserves the right to suspend order fulfillment if unexpected and undesirable circumstances arise that may cause a temporary restriction on product shipping.
5 / If the Customer’s contact information is entered incorrectly, orders may not be fulfilled. The information contained on the store’s website does not constitute an offer by the seller within the meaning of the Civil Code, but merely an invitation to Customers to submit offers to enter into a contract.
PAYMENTS
1 / To finalize a purchase, the store offers several payment methods supported by the Przelewy24 system: primarily digital payment methods, such as credit/debit cards, bank transfers, and BLIK. In this case, order fulfillment will begin after the seller sends the Customer an order confirmation and after receiving confirmation from the system that the payment has been successfully processed.
2 / The Customer must pay for the order in the amount specified in the contract within 7 business days if they have chosen the prepayment option; otherwise, the order will be canceled. If the Customer chooses cash on delivery, they are required to pay upon receipt of the shipment.
REGISTRATION
1 / Registering a user account on the website is free and voluntary. Upon completion, an individual account is created for the Customer. To register, the Customer must fill out the registration form. The Customer may also make purchases in the online store without registering; however, by doing so, they forgo the features associated with an account on the website, such as saving contact information or the ability to track order status.
2 / To register, you must provide a valid email address (username) and a password of your choice. You may also provide shipping information (i.e., first and last name, residential address, phone number). After registration, an activation link will be sent to the customer’s email address; clicking this link completes the account activation process. The customer may terminate the contract for the provision of electronic services at any time. The store owner may terminate the contract for the provision of services if the customer has not placed any orders in the store and has not logged into their account for at least 2 years since their last activity.
DELIVERY METHODS
1 / The Seller delivers within the territory of the Republic of Poland in accordance with the delivery price list.
2 / The Seller is obligated to deliver the goods covered by the contract free of defects, except in cases where the defect resulted from improper transport of the goods.
3 / The Seller includes information in the email confirmation regarding the number of business days required for delivery and order fulfillment.
4 / Delivery of the product to the Customer is subject to a fee, unless the sales contract provides otherwise. The costs of product delivery (including fees for transportation, delivery, and postal services) are disclosed to the Customer during the ordering process, including at the moment the Customer expresses their intention to enter into the sales contract.
5 / Ordered goods are delivered to the Customer via a carrier to the address specified in the order form.
6 / The Customer is obligated to inspect the delivered shipment in a timely manner and in the manner customary for shipments of this type. If any loss or damage to the shipment is found, the Customer has the right to request that the carrier’s employee prepare an appropriate report.
7 / The Customer may pick up the ordered goods in person after arranging a pickup date with the seller via email or by phone.
8 / If products with different delivery dates are ordered, the delivery date is the latest date specified.
9 / When ordering products with different delivery dates, the Customer may request that the products be delivered in partial shipments or that all products be delivered once the entire order is complete.
10 / The start of the product delivery period to the Customer is calculated as follows:
10.1 / If the Customer selects payment by bank transfer, electronic payment, or credit card—from the date the Seller’s bank account is credited.
10.2 / If the Customer selects cash on delivery—from the date the sales contract is concluded.
11 / If the Customer chooses to pick up the product in person, the product will be ready for pickup by the Customer on the date specified in the product description. The Customer will also be notified by the Seller that the product is ready for pickup via an email sent to the email address provided by the Customer when placing the order.
12 / Personal pickup of the product by the Customer is free of charge.
13 / The Seller includes a proof of purchase covering the delivered goods with the shipment.
14 / If the Customer is not present at the address they provided as the delivery address when placing the order, the delivery person will leave a delivery notice or attempt to contact the Customer by phone to arrange a time when the Customer will be present. If the ordered goods are returned to the online store by the delivery service, the Seller will contact the Customer via email or phone to reschedule the delivery date and confirm the delivery cost.
FREE SERVICES
1 / The Seller provides free services to Customers via electronic means. These include: the newsletter, customer account, shopping cart, order form, and contact form.
RIGHT TO WITHDRAW FROM THE CONTRACT
1 / The Customer may withdraw from the sales contract within 30 days without providing any reason.
2 / The period specified in paragraph 1 begins upon delivery of the product to the Customer or to a person designated by the Customer other than the carrier.
3 / In the case of a contract covering multiple products delivered separately, in batches, or in parts, the period specified in paragraph 1 begins upon delivery of the last item, batch, or part.
4 / For all other contracts—from the date of conclusion of the contract. 5 / The Customer may withdraw from the contract by submitting a statement of withdrawal to the seller. This statement may be submitted via email to the seller’s address. The statement may be submitted using the form provided by the seller on the store’s website. The statement may also be sent by regular mail. 6 / To meet the deadline, it is sufficient to send the statement before the deadline expires. 7 / If the Customer sends the notice electronically, the seller will immediately send the Customer a confirmation of receipt of the notice of withdrawal to the provided email address.
8 / Effects of withdrawal from the contract:
8.1 / In the event of withdrawal from the contract, the seller shall immediately, no later than within 30 days from the date of receipt of the Customer’s notice of withdrawal from the contract, refund to the Customer all payments made by the Customer, including delivery costs, except for additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery method offered by the seller.
8.2 / The seller shall refund the payment using the same payment methods used by the Customer in the original transaction, unless the Customer has expressly agreed to an alternative solution that does not entail any costs for them.
8.3 / The seller may withhold the refund until the product is returned or until proof of its return is provided, whichever occurs first.
8.4 / The Customer should return the product to the Seller’s address provided in these Terms and Conditions immediately, no later than 14 days from the date on which the Customer notified the Seller of the withdrawal from the contract. The deadline will be met if the Customer returns the product before the 14-day period expires.
8.5 / The Customer bears the direct costs of returning the product if, due to its nature, the product could not be returned by regular mail.
8.6 / The Customer is liable only for any reduction in the value of the product resulting from its use in a manner other than what was necessary to ascertain the nature, characteristics, and functioning of the product.
9 / The Customer does not have the right to withdraw from a distance contract in the following cases:
9.1 / where the subject of the contract is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to satisfy their individual needs;
9.2 / where the subject of the performance is an item delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
9.3 / where the subject of the transaction is an item that spoils quickly or has a short shelf life;
9.4 / for the provision of services, if the seller has fully performed the service with the Consumer’s express consent, and the Consumer was informed prior to the commencement of the service that they would lose the right to withdraw from the contract once the seller had fulfilled the service;
9.5 / where the price or remuneration depends on fluctuations in the financial market over which the seller has no control and which may occur before the expiration of the withdrawal period;
9.6 / where the subject of the service consists of goods which, after delivery, due to their nature, are inseparably combined with other objects;
9.7 / where the subject of the transaction consists of audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery.
FINAL PROVISIONS
1 / All rights to the online store, including economic copyrights, intellectual property rights, rights to the domain name, photographs, the store’s website, as well as to the designs, forms, and logos posted on the store’s website (with the exception of logos and photos displayed on the store’s website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the seller, and their use may only occur in the manner specified and in accordance with the Terms and Conditions, and with the seller’s written consent.
2 / The Customer is prohibited from providing unlawful content and from using the online store, the store’s website, or the free services provided by the seller in a manner contrary to the law, good morals, or in violation of the personal rights of third parties.
3 / In matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply. In the event of a dispute arising in connection with the performance of a contract concluded under these Terms and Conditions, the parties undertake to resolve it amicably, acting in good faith.
4 / The Seller reserves the right to amend these Terms and Conditions for valid reasons, namely: changes in legal regulations, changes in payment methods and delivery terms—to the extent that such changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall notify the Customer of any such changes at least 7 days in advance via email.
5 / If an agreement cannot be reached in the manner specified in section c., the court with local jurisdiction to resolve the dispute shall be the court with jurisdiction over the store owner’s registered office. The Customer may also utilize out-of-court complaint resolution methods (mediation, arbitration) and pursue claims. All necessary information in this regard can be found on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl.
