Terms and conditions

Terms and conditions

Regulations of the online store 303AVENUE.EN

 

CONTENTS: 

  1. GENERAL PROVISIONS

  2. E-SERVICES IN THE WEBSHOP

  3. TERMS AND CONDITIONS OF THE SALES CONTRACT

  4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

  5. COST, METHODS AND TIME LIMITS FOR DELIVERY AND COLLECTION OF THE PRODUCT

  6. GIFT CARDS

  7. SEASONAL SALES AND DISCOUNT ACTIONS

  8. PRODUCT COMPLAINT

  9. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

  10. RIGHT OF WITHDRAWAL

  11. PROVISIONS CONCERNING ENTREPRENEURS  

  12. FINAL PROVISIONS

  13. MODEL WITHDRAWAL FORM


The www.303avenue.pl online shop takes care of consumer rights. A consumer cannot waive the rights granted to him in the Act on Consumer Rights. Provisions of contracts less favourable to the consumer than the provisions of the Act on Consumer Rights are invalid and the provisions of the Act on Consumer Rights shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumer's rights under the mandatory provisions of the law, and any doubts that may arise must be translated in favour of the consumer. In the event of any conflict between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail and shall apply.


1. GENERAL PROVISIONS

1.1. The Online Store available at the Internet address www.303avenue.pl is operated by the company 303 AVENUE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (registered office and correspondence address: Krucza 13/6, 00-548 Warsaw; entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000652807; register court where the company's records are kept: District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register; share capital in the amount of: PLN 5,100.00; NIP 7010641916, REGON 366082974, e-mail address: [email protected] and contact telephone number: (+48) 734 458 777.

1.2. These Regulations are addressed both to consumers, to entrepreneurs who are natural persons who do not conclude a sales contract in the course of their business, and to other entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed exclusively to consumers or entrepreneurs.
1.3. The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, to the extent and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4. Definitions:

1.4.1. BUSINESS DAY - one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that allows creating an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart and determining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 no.16, item 93 as amended).
1.4.6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.

1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclic content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT - a movable item available at the Online Store which is the subject of a Sales Agreement between the Customer and the Seller, including the Primary Product.

1.4.9. - BASIC PRODUCT - a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller, of which the Seller is the sole manufacturer and distributor of the movable item.

1.4.10 - PUSH NOTIFICATION - a unit web push message in the form of a message formulated by the Seller, which is subject to display on the Customer's terminal device.
1.4.11. REGULATIONS - these terms and conditions of the Online Store.
1.4.12. INTERNET SHOP - the Service Provider's online store available at the Internet address: www.303avenue.pl.
1.4.13. SELLER; SERVICE PROVIDER - the company 303 AVENUE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (registered office and correspondence address: Krucza 13/6 Street, 00-548, Warsaw; entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000652807; register court where the company's records are kept: District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register; share capital of: PLN 5,100.00; NIP 7010641916, REGON 366082974, e-mail address: [email protected] and contact telephone number: (+48) 734 458 777.
1.4.14. CONTRACT OF SALE - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Internet Store.
1.4.15. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Store.
1.4.16. SERVICE PROVIDER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Service.
1.4.17. CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
1.4.18. ORDER - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN AN ONLINE SHOP

2.1. The following Electronic Services are available on the Online Store: Account, Order Form, Push Notifications and Newsletter.
2.2.1. Account - the use of the electronic service "Account" is possible after a total of two consecutive steps by the Customer:

1) correct completion of the Registration Form, 

2) Clicking the "Create an account" box. 

In the Registration Form, it is necessary for the Customer to provide the following details of the Service Recipient: first and last name, e-mail address and password.
2.2.2. The Account Electronic Service is provided free of charge for an indefinite period of time. The Service Recipient has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or also in writing to the address: 37 Białostocka Street, 07-200 Wyszków.
2.2.3. Order Form - the use of the "Order Form" service begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Confirm Purchase" box on the Web Store page after completing the Order Form. - Up to this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer:

  1. name/company name, 

  2. address (street, house/apartment number, postal code, city, country), 

  3. email address, 

  4. contact phone number and 

  5. data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. 

In the case of Customers who are not consumers, it is also necessary to provide their company name and Tax Identification Number, subject to Section 4.4 of the Terms and Conditions.
2.2.4. The Electronic Service "Order Form" is provided free of charge and has a one-time nature, and terminates at the time of placing an Order through it or at the time of earlier termination of placing an Order through it by the Customer.
2.2.5. The Electronic Service "Push Notifications" is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to opt out of receiving Push Notifications by making the appropriate opt-out selection on the terminal device.

2.2.6. Newsletter - use of the electronic service "Newsletter" is made after providing in the "Newsletter" tab visible on the site of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" field. It is also possible to subscribe to the Newsletter by checking the appropriate checkbox when placing an Order - as soon as the Order is placed, the Customer is subscribed to the Newsletter.
2.2.7. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or also in writing to the address: 13/6 Krucza Street, 00-548 Warsaw.

2.3. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:(1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in your web browser.
2.4. The Customer is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content. In case of non-compliance with any of the above-mentioned obligations, the Service Provider reserves the right to take appropriate action, in particular to discontinue the provision of the electronic service or electronic services affected by such behavior.
2.5.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in pt. 6 of the Terms and Conditions), the Customer may submit in particular:

  1. In writing to the address: 124 Świętojańska Street, 07-200 Wyszków;

  2. in electronic form via email to: [email protected]. .

2.5.2. For proper and timely processing of the complaint referred to in Section 2.5, it is recommended that the Service Recipient provide in the description of the complaint:

1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; 

2) the requests of the Service Recipient and 

3) contact information of the complainant. 

The requirements stated in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint, with the proviso that the complaint should contain the minimum content to enable its processing.
2.5.3. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
2.6. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions, in the functioning and availability of Electronic Services caused by force majeure, unauthorized acts of third parties or incompatibility of these Services with the technical infrastructure used by the Client.


3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form on the Online Store, in accordance with item. 2.2.3 of the Terms and Conditions.
3.2. The price of the Product shown on the website of the Online Store is given in Polish Zloty and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as the costs of delivery (including transport, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined - the obligation to pay them, the Client is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
3.3. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order on the Online Store, in accordance with item. 2.2.3 of the Terms and Conditions.
3.4. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order, which shall contain at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.5. Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place through:

1) making these Regulations available on the website of the Online Store and 

2) sending an e-mail message to the Customer, which constitutes confirmation of the conclusion of the Sales Agreement, in accordance with item. 3.5 of the Terms and Conditions. 

The content of the Sales Agreement is further recorded and secured in the computer system of the Seller's Online Store.

3.6. If the ordered Product is not available or the Customer's order cannot be fulfilled for other reasons, including technical reasons, or if it is not possible to purchase them from the Seller's suppliers within the time provided for the execution of the order, the Seller is obliged to inform the Customer of the situation by sending a message to the e-mail address indicated by the Customer or information by telephone to the contact telephone number indicated by the Customer, within the time provided by the generally applicable law. In such a case, the order is cancelled. Cancellation of an order for the reasons indicated in this section may take place no later than the expiration date of the order, and if this date is not specified, within 30 days from the date of its acceptance for execution by the Seller.


4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

4.1. The Seller shall make available to the Customer the following methods of payment allowing the payment of the price resulting from the Sales Agreement:

1) electronic payment and 

2) payment by payment card 

- via services and platforms: PayPal.com, PayU, Klarna and Stripe (only for payment by credit card). Possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the following websites, respectively: https://www.paypal.com/pl, https://poland.payu.com/, https://www.klarna.com/pl, and https://stripe.com/en-pl.

4.2. The possibility of making payment by bank transfer to the Seller's bank account is possible in exceptional situations, resulting in particular from unforeseen technical difficulties or similar reasons. In such a situation, it is possible to make a traditional transfer to the Seller's bank account, maintained by Alior Bank S.A., according to the following data:

303 Avenue Sp. z o.o. Krucza street 13/6 00-548 Warsaw

Account no: 41 2490 0005 0000 4600 9115 9221.

4.3. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement.

4.4. The Seller shall issue an invoice to the taxpayer of tax or value added tax, subject to Section 6.8 of the Terms and Conditions, only if at the conclusion of the Agreement with the Seller all the necessary data were indicated to allow the issuance of such an invoice, and in situations provided for by generally applicable law, also in a situation where the number by which the Customer is identified for tax or value added tax purposes was given.

4.5. The Seller further informs that it does not use algorithms that adjust prices based on automated decision-making (price profiling). This does not preclude the Seller from using profiling on the Online Store for direct marketing purposes, excluding the conclusion or refusal of a Sales Agreement, or the use of Electronic Services on the Online Store. The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and which produces legal effects with respect to the data subject or similarly significantly affects the data subject.


5. THE COST, METHODS AND TIME OF DELIVERY AND RECEIPT OF THE PRODUCT

5.1. The ordered Products are delivered to the Customer via courier service or using a 24/7 self-delivery device, whose operator is InPost Paczkomaty sp. z o.o. based in Cracow, to the address indicated in the order form. Delivery of the ordered Product is available in the territory of the European Union and outside the European Union.
5.2. Delivery of the Product to the Customer is chargeable and is not included in the price of the Product, unless the Sales Agreement states otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Shop in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:

1) courier service and

2) using Parcel Delivery Services to Parcel Machines, provided by InPost Sp. z o.o. based in Krakow.
5.4. The expected term of delivery of the Product to the Customer is up to 7 Business Days, unless a shorter term is specified in the description of the Product in question or when placing the Order. This deadline may be extended during seasonal sales or discount actions referred to in Section 7 of the Terms and Conditions, or increased deliveries for other reasons, of which the Customer will be immediately informed. The total and maximum delivery time of the Product shall not exceed 14 Business Days. The Seller shall not be responsible for extended delivery time or non-delivery due to reasons resulting from the Customer providing an incorrect or incomplete delivery address.

5.5. In the case of Products with different delivery dates, the delivery date is the longest date given, which, however, cannot exceed 14 Business Days. The beginning of the period for delivery of the Product to the Customer is counted from the date of crediting the Seller's bank account or checking account.


6. GIFT CARDS

6.1. "Gift Card" shall mean a card issued by the Seller, fixed in digital form or on a tangible medium, allowing payment for the purchase of a Product in the online store.

6.2. The Gift Card is not electronic money, but is an unregulated record of value. Gift Cards:

1) are not subject to supervision by the competent supervisory authority,

2) are not subject to the statutory protection of electronic money or

3) are not exchangeable for cash.

Gift cards are redeemable only at the Online Store.

6.3. In exchange for the Gift Card received, the Customer agrees to transfer funds to the Seller in an amount equal to the nominal value of the Gift Card in question. In case of payment for the Gift Card in the Online Store, the payment can be made using one of the payment methods available in the Online Store. It is not possible to purchase a Gift Card using another Gift Card.

6.4. The Gift Card remains valid indefinitely.

6.5. In the situation of cancellation of an order or return of Products paid for with the Gift Card, the amount paid shall be refunded to the Gift Card and may be used again under the existing rules provided in the Terms and Conditions. In the case of return of Products paid partially with the Gift Card, the paid amount shall be refunded first to the Gift Card, while the remaining refundable amount, if any, shall be refunded according to the selected other payment method.

6.6. The Gift Card is not exchangeable for cash.

6.7. In order to use the Gift Card:

1) fixed in digital form - when concluding a sales contract using the "Order Form" service, enter the numeric code of the Gift Card in the online store;

2) fixed on a tangible medium - contact the Seller in electronic form at: [email protected]..

6.8. Issuance of the Gift Card does not constitute a sale subject to tax on goods and services within the meaning of the Value Added Tax Act of March 11, 2004, and therefore the Seller does not issue a fiscal receipt or a VAT invoice on this account. At the request of the Customer, the Seller shall issue a proof of sale, taking into account the circumstance referred to in the first sentence.


7. SEASONAL SALES AND DISCOUNT CAMPAIGNS

7.1. The Seller may organize seasonal sales consisting of price reductions of Products or Basic Products in connection with the introduction of a new collection for sale in the Online Store, covering the winter season and the summer season. The Seller may organize other sales or discount actions, which does not require an amendment to the Terms and Conditions.

7.2. Discount Actions may be permanent or temporary in nature. Discount Actions are realized by the Customer by entering the appropriate discount password when concluding the Sales Agreement using the Order Form, as a result of which the Seller undertakes to reduce the price of the Product or Basic Product accordingly, on the terms and in accordance with the information indicated next to the Product or Basic Product covered by the Discount Action.

7.3. As part of the permanent discount action, the Seller grants a discount in the amount of a 10% reduction from the basic price for the purchase of Basic Products in the Online Store once after signing up for the Newsletter, in accordance with section 2.2.5. of the Terms and Conditions. This discount is available for use only once after the sign-up action. The discount applies only to Basic Products and is not cumulative with other price reductions, regardless of the source, method or amount of the price reduction.

7.4. Seasonal sales and discount actions, including permanent discount actions, do not include Gift Cards.


8. PRODUCT COMPLAINT
8.1. The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).
8.2. The Seller is obliged to provide the Customer with the Product without defects. Detailed information regarding the Seller's responsibility for Product defects and the Customer's rights are specified on the Online Store website in the information tab regarding complaints.
8.3. A complaint may be filed by the Customer:

1) in writing to the address: 124 Świętojańska St., 07-200 Wyszków;

2) in one of the Seller's stationary stores indicated at https://303avenue.pl/pl/sklepy.
8.4. The Seller recommends that the Customer provide in the description of the complaint at least information including:

1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; 

2) request a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement, and 

3) contact information of the complainant. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint, with the proviso that the complaint should contain the minimum content to enable its consideration.
8.5. The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, has demanded replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it is considered that the Seller has recognized the demand as justified.
8.6. The Seller may refuse to accept the Consumer's complaint if the defect is insignificant, or is related to the nature of the material from which the product is made, and arises in connection with the use of the goods.

8.7. The Customer who exercises warranty rights is obliged to deliver the defective Product to the address: Świętojańska 124 Street, 07-200 Wyszków or to one of the Seller's stationary stores indicated at https://303avenue.pl/pl/sklepy. Both in the case of a Customer who is and is not a consumer, the cost of delivery of the advertised Product shall be borne by the Customer.


9. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

9.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
9.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: [email protected] or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
9.3. The consumer has the following examples of out-of-court ways of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court(for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller's place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided, among other things, by email at [email protected] and at the consumer hotline number 801 440 220 (hotline open on Business Days, 8:00 a.m. - 6:00 p.m., call charge at the operator's tariff).
9.4. At http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the website of the platform itself or the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).


10. RIGHT OF WITHDRAWAL

10.1. A consumer who has entered into a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in sec. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The statement of withdrawal from the contract shall be submitted in electronic form via e-mail to: [email protected]..
10.2. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in sec. 11 of the Terms and Conditions and on the website of the Online Store in the tab concerning withdrawal from the contract. The consumer may use the sample form included in the package with the order, but it is not mandatory.
10.3. The period for withdrawal from the contract begins:
(1) for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from the taking of possession of the Product by the consumer or a third party other than the carrier designated by the consumer, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;
(2) for other contracts - from the date of conclusion of the contract.
10.4. In the case of withdrawal from a contract concluded at a distance, the contract shall be considered not concluded.
10.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the agreement, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same payment method used by the consumer. In a situation where the consumer has expressly agreed to another way of return, the Seller shall refund the payment in this way, unless it involves additional costs for the consumer. The Seller may withhold reimbursement of payments received from the consumer until it receives the Product or the consumer provides proof of its return, whichever event occurs first.

10.6. The Seller reserves the right to refuse to accept a return sent COD or charged with additional fees that would have to be borne by the Seller, the incurrence of which has not been agreed with him in advance.

10.7. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address:

  1. Swietojanska Street 124 07-200 Wyszkow or 

  2. at one of the Seller's stationary stores indicated at the following address https://303avenue.pl/pl/sklepy.

10.8. The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to become familiar with the nature, characteristics and functioning of the Product. The returned Product should be in an unaltered state, unless the change was necessary within the limits of proper familiarization with the Product. The Consumer shall be liable for any diminution in the value of the Product that occurred from the date on which he/she came into physical possession of the Product or on which a third party other than the carrier and indicated by the Consumer came into physical possession of the Product and resulting from improper handling beyond what is necessary to ascertain the nature, characteristics or operation of the Product.
10.9. The return of the Product shall be considered effective if the Product is complete, in its original condition, undamaged and has its tags intact. The returned Product should have all original tags intact. The Seller has the right to refuse to accept the return of goods or to reduce their value if the returned Product is altered from its original condition, bears traces of use or tags have been tampered with or removed. In particular, the Seller reserves the right not to accept Product returns when:

1) the subject of the service is a non-refabricated product, manufactured according to the consumer's specifications or serving to meet his individualized needs or 

2) the object of the service is a Product delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package was opened after delivery.

10.10.1 If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.
10.10.2. The consumer shall bear the direct costs of return.
10.10.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating the amount shall be the market value of the fulfilled performance.
10.11. The Seller shall make reimbursement using the method of payment previously selected by the Consumer, in accordance with Section 4.1 of the Terms and Conditions. At the express request of the Consumer, the Seller may waive the rule indicated in the first sentence, if such waiver does not involve additional costs.

10.12. The Seller does not provide, as part of the Customer's exercise of the right of withdrawal, the possibility to exchange the Product for another Product. In order to do so, it is necessary to make a return in accordance with the rules provided for in Chapter 10 of the Terms and Conditions, and then conclude a contract, the object of which is another Product, in accordance with Section 3 of the Terms and Conditions.

10.13. The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:
1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract;

2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal; 

3) in which the subject of performance is a non-refabricated product, manufactured to the consumer's specifications or serving to meet his individualized needs; 

4) in which the subject of performance is a product that is perishable or has a short shelf life; 

5) in which the subject of the service is a product delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery; 

6) in which the subject of performance are Products, which after delivery, due to their nature, become inseparable from other things; 

7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control; 

8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than the spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; 

9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; 

10) for the supply of daily newspapers, periodicals or magazines, except for a subscription contract; 

11) concluded through a public auction; 

12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; 

13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract.

10.14. In the case of return from outside the territory of the European Union and from the territory of the European Union, the Buyer is responsible for the package until it reaches the address referred to in paragraph 10.7. of the Terms and Conditions.

10.15. All fees, taxes and charges of a similar nature, in particular customs fees related to the implementation of the return shall be borne by the Buyer. The Seller reserves the right to refuse to accept a return that is charged with such fees. In order to avoid additional fees in the situation referred to in the preceding sentence, the Seller recommends that returns be made using courier services with which the Seller has contracts. For this purpose, and in order to receive the corresponding bill of lading, you should report your desire to make such a return directly to: [email protected]..


11. PROVISIONS FOR ENTREPRENEURS

11.1. This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.
11.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
11.3. In the case of non-consumer Customers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
11.4. At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for any delay in the transportation of the shipment.
11.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that a defect or damage to the Product occurred during carriage, he is obliged to perform all actions necessary to determine the liability of the carrier.
11.6. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.
11.7. In the case of non-consumer Clients, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending the appropriate statement to the Client.
11.8. The Service Provider/Seller's liability to the Service Recipient/Customer who is not a consumer, regardless of its legal basis, shall be limited - both under a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.
11.9. Any disputes arising between the Vendor and the Customer/non-consumer Customer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.


12. FINAL PROVISIONS

12.1. Contracts concluded through the Online Store are concluded in the Polish language.
12.2.1. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in laws; changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
12.2.2. In the case of conclusion of contracts of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Service - Account), the amended Regulations are binding on the Service Recipient, if the requirements set forth in art. 384 and 384(1) of the Civil Code have been complied with, i.e. the Service Recipient has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
12.2.3. In the case of conclusion of agreements on the basis of these Terms and Conditions of a nature other than continuous contracts, in particular Sales Agreement, the amendments to the Terms and Conditions shall not in any way affect the acquired rights of the Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
12.3. Matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers - the provisions of the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of March 2, 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.
12.4. These Regulations do not exclude the provisions applicable in the country of habitual residence of the consumer entering into a contract with the Service Provider/Seller, which cannot be excluded by contract. In such case, the Service Provider/Seller shall guarantee to the consumer the protection granted to him/her under the provisions that cannot be excluded by contract.


  1. MODEL WITHDRAWAL FORM
    (APPENDIX NUMBER 2 TO THE ACT OF MAY 30, 2014 ON CONSUMER RIGHTS)


Model withdrawal form

(this form must be completed and returned only if you wish to withdraw from the contract)

-Address

303 AVENUE LIMITED LIABILITY COMPANY
124 Świętojańska St. 07-200 Wyszków
[email protected]

- I(*) hereby inform you of my/our withdrawal from the contract of sale of the following items(*) the contract of supply of the following items(*) the contract of work consisting in the performance of the following items(*)/for the provision of the following service(*)

- Date of conclusion of the contract(*)/receipt(*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent on paper)
- Date

(*) Delete where not applicable.