The contract between Buyer and Seller may be concluded in two ways. The Buyer has the right, prior to placing the order, to negotiate all provisions of the contract with the Seller , including those changing the provisions of the following regulations. Negotiations, these should be in writing and sent to the address Seller (Cacao Projects Agata Hoffa organization number 927 099 233, Klippenveien 12, 8392 Sørvågen, Norway) If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following terms and applicable law shall apply. TERMS AND CONDITIONS

• 1 Definitions

1. Personal Data Administrator: Cacao Projects Agata Hoffa organization number 927 099 233 Klippenveien 12 8392 Sørvågen Norway
2. Postal address – name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or flat number; in the case of a town not divided into streets: name of the town and property number), postal code and city.
3. Complaint address: Cacao Projects Agata Hoffa organization number 927 099 233 Klippenveien 12 8392 Sørvågen Norway
4. Delivery price list – located at https://chocolatespace.online/dostawa < / strong> an overview of the available types of delivery and their costs.
5. Contact details: Cacao Projects Agata Hoffa organization number 927 099 233 Klippenveien 12 8392 Sørvågen Norway
6. Personal data – any information relating to an identified or identifiable natural person. Information is not considered to be identifiable if it would require excessive costs, time or efforts.
7. Sensitive data – these are personal data containing information about racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or union affiliation, as well as data on health, genetic code, addictions, sex life, convictions, judgments on punishment and fines, as well as other judgments given in court or administrative proceedings.
8. Delivery – type of shipping service with specification of the carrier and cost listed in delivery price list located at https://chocolatespace.online/delivery
9. Proof of purchase – invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended, and other applicable laws.
10. Product card – a single shop subpage containing information about a single product .
11. Client :
12. an adult natural person running a sole proprietorship, concluding an agreement with the Seller directly related to his business or professional activity and having a professional character for him;
13. an organizational unit without legal personality but having legal capacity;
14. legal entity.
15. Civil Code – Civil Code Act of April 23, 1964, as amended.
16. Code of good practice – a set of rules of conduct, in particular ethical and professional standards referred to in Art. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
17. Consumer – an adult natural person with full legal capacity or an adult natural person running a sole proprietorship, concluding an agreement with the Seller directly related to his business or professional, but not of a professional nature.
18. Cart – a list of products made from the products offered in the store products based on the Buyer’s choices.
19. Buyer – both Consumer and Customer .
20. Place of delivery – postal address or collection point indicated in order by Buyer strong>.
21. The moment of handing over the item – the moment when the Buyer or a third party indicated by him for collection takes possession of the item.
22. ODR internet platform – an EU website operating on the basis of the Regulation of the European Parliament and of the Council (EU) No 524/2013 of May 21, 2013 on the online system for resolving consumer disputes and amending the Regulation (EC 2006/2004 and Directive 2009/22 / EC and available at https://ec.europa.eu/consumers/odr/
23. Payment – method of payment for subject of the contract and delivery listed at https://chocolatespace.online/platnosci
24. Authorized entity – an entity authorized to out-of-court settlement of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.
25. Privacy policy – rules of processing by Personal Data Administrator personal data of Buyers, rights of Buyers and obligations Data Administrator, k tóra is available at: https://chocolatespace.online/polityka-prywatnosci/
26. Consumer law – the Consumer Rights Act of May 30, 2014.
27. Product – the minimum and indivisible quantity of items , which may be the subject of order , and which is given in the Seller’s shop as the unit of measure for its price (price / unit).
28. Subject of the contract – products and delivery being subject
29. Subject of the service – subject of the contract.
30. Collection point – the place of delivery of the items, other than a postal address, listed in the list provided by Seller in store .
31. Register of UOKiK – register of authorized entities kept by the Office of Competition and Consumer Protection pursuant to the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended, and available at at: https://uokik.gov.pl/reawod_podmiot_uprawNYCH.php
32. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of the directive 95/46 / EC and the Act of May 10, 2018 on the protection of personal data.
33. Item – a movable item that may or may be the subject of contract .
34. Store – website available at https://chocolatespace.online/ < / strong> through which Buyer can place an order .
35. Seller: Cacao Projects Agata Hoffa organization number 927 099 233 Klippenveien 12 8392 Sørvågen Norway
36. System – a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using an end device appropriate for a given type of network, commonly referred to as the Internet. < / li>
37. Completion date – the number of hours or working days specified on the product card .
38. Agreement – an agreement concluded outside the entrepreneur’s premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014 in the case of Consumers and a sales agreement within the meaning of Art. 535 of the Civil Code Act of April 23, 1964 in the case of Buyers .
39. Defect – both physical defect and legal defect.
40. Physical defect – non-compliance of the item sold with the contract, in particular if the item:
    1. does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from circumstances or destination;
    2. does not have properties that Seller provided Consumer ,
    3. is not suitable for the purpose for which the consumer informed the seller at the conclusion of the contract, and the seller did not raise any objection to such use;
    4. was to the consumer released incomplete;
    5. in the event of improper installation and commissioning, if these activities were performed by Seller or a person the third, for which the Seller is responsible, or by the Consumer who followed the instructions received from Seller ;
    6. does not have the properties provided by the manufacturer or his representative or the person who places the item on the market in the scope of his business activity, and the person who, by placing his name, trademark or other distinctive sign on the item sold, presents himself as the manufacturer unless the Seller did not know these assurances or, judging reasonably, could not know or could not have influenced the Consumer decision to conclude a contract , or when their content has been rectified prior to conclusion
41. Legal defect – a situation where the item sold is the property of a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of the item results from a decision or judgment of a competent authority.
42. Order – Buyer’s declaration of intent made via store clearly stating: the type and quantity of products ; type of delivery ; type of payment ; place of delivery of the items , data of Buyer and aiming directly at the conclusion of contract between Buyer and Seller >.

• 2 General conditions

1. The contract is concluded in Polish, in accordance with Polish law and these regulations.
2. The place of handing over the items must be in the territory of the Republic of Poland .
3. The Seller is obliged and undertakes to provide services and deliver items free from defects .
4. All prices quoted by Seller are expressed in Polish currency and are gross prices (including VAT). Prices of products do not include the cost of delivery , which is specified in the delivery price list .
5. All terms are calculated in accordance with Art. 111 of the Civil Code, i.e. the period marked in days ends with the end of the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date on which the event occurred.
6. Confirmation, sharing, consolidation, securing all relevant provisions of contract in order to gain access to this information in the future takes place in the form of:
   1. confirmation order by sending to the indicated e-mail address: orders, pro forma invoices, information about the right to withdraw from the contract, these regulations in pdf version, model withdrawal form in pdf version, links to download the regulations and the withdrawal template;
   2. attach to the completed order , sent to the indicated place of issue of items printed: proof of purchase , information about the right to withdraw from the contract, these regulations, the model withdrawal form.
7. The Seller informs about the known guarantees provided by third parties for products in the store .
8. The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear its costs in the amount resulting from the contract concluded with a third party providing his favor a specific service that enables distance communication.
9. The Seller provides the Buyer using system the correctness of shop operation in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on screens with horizontal resolution above 1024 px. Using third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain full functionality of the chocolatespace.pl store, turn them all off.
10. Buyer may use the option of saving his data by store in order to facilitate the process of placing another order . For this purpose, the Buyer should provide the login and password necessary to access his account. Login and password are a sequence of characters defined by Buyer , who is obliged to keep them secret and protect them against unauthorized access by third parties. The Buyer can view, correct, update and delete the data at any time in the store .
11. Seller complies with code of good practice .
12. The buyer is obliged to:
    • not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
    • use the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
    • not to take actions such as: sending or posting unsolicited commercial information (spam) within the store,
    • use the store in a way that is not inconvenient for other Buyers and for the Seller,
    • to use any content included in the store only for personal use,
    • use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette.

• 3 Conclusion of the contract and implementation

1. Orders can be placed 24 hours a day.
2. In order to place an order the Buyer should perform at least the following steps, some of which may be repeated several times:
   1. add product to cart ;
   2. choose the type of delivery ;
   3. choose the type of payment ;
   4. select where to release items ;
   5. placing in the store order by using the “ order and pay ” button.
3. The conclusion of the contract with the Consumer takes place upon placing the order .
4. The implementation of order Consumer payable on delivery takes place immediately, and orders paid by bank transfer or via the electronic payment system after the payment of the consumer is credited on the Seller’s account , which should take place within 30 days of placing the order , unless the consumer was unable to provide not his fault and informed Seller about it.
5. The conclusion of the contract with the Client takes place upon the acceptance of the order by the Seller , of which he informs Customer within 48 hours of placing order .
6. The implementation of order Customer payable on delivery takes place immediately after the conclusion of contract , and order payable by bank transfer or via electronic payment system after the conclusion of the contract and posting the payment Customer to the Seller’s account.
7. The implementation of the order Customer may depend on the payment of all or part of the value of the order or obtaining a trade credit limit of at least order or Seller’s consent to send order cash on delivery (payable on delivery).
8. Sending the subject of the contract takes place on the date specified on the card product , and for orders consisting of multiple products in the longest period of the products specified in cards . The period begins with the completion of order .
9. The purchased subject of the contract is, together with the proof of purchase selected by the Buyer , sent by the Buyer type of delivery to the indicated by the Buyer in ordering the place of delivery of items , along with attached attachments referred to in 2 point 6b.

• 4 Right of withdrawal

1. The consumer is entitled, pursuant to art. 27 Consumer Law the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 Consumer Rights .
2. The deadline to withdraw from a distance contract is 14 days from the date of delivery of the item , and until the deadline is metit is enough to send the statement before its expiry.
3. A declaration of withdrawal from the contract Consumer may submit on the form, the specimen of which is attached as Annex 2 to Consumer Law , on the form available at returns or in any other form consistent with Consumer Law .
4. The Seller will immediately confirm the Consumer to the e-mail (provided when concluding the contract and other if provided in the submitted statement) receipt of the declaration of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is considered null and void.
6. The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
7. The consumer returns the items that are the subject of the contract from which he withdrew at his own expense.
8. The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he did not consent to the performance before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of giving such consent or the entrepreneur did not provide confirmation in accordance with art. 15 sec. 1 and art. 21 sec. 1. Consumer Rights .
9. The consumer is responsible for reducing the value of the item being the subject of the contract as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
10. The Seller immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer will return the Consumer all made by payments, including the costs of delivering the Consumer items to the Consumer , and if the Consumer chose a delivery method other than the cheapest standard delivery method offered by Seller , The Seller will not reimburse the Consumer additional costs in accordance with Article 33 of Consumer Law .
11. The Seller refunds the payment using the same payment method that was used by Consumer , unless Consumer expressly he has agreed to a different method of payment which does not entail any costs for him.
12. The Seller may withhold the reimbursement of the payment received from the Consumer until the item is returned or the Consumer has provided proof of its return, depending on whichever comes first.
13. The consumer in accordance with Article 38 of Consumer Law is not entitled to withdraw from the contract:
    1. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline to withdraw from the contract;
    2. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
    3. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
    4. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery;
    5. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
    6. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
    7. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw contracts;
    8. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract.

• 5 Warranty

1. Seller pursuant to Art. 558§1 of the Civil Code completely excludes liability to Customers due to physical and legal defects (warranty).
2. The Seller is liable to the Consumer on the terms set out in Art. 556 of of the Civil Code and subsequent ones for defects (warranty).
3. In the case of a contract with a consumer if a physical defect has been found within one year from the date of delivery , it is assumed that it existed at the time the passing of danger to the Consumer .
4. Consumer if the item sold has a defect , it may:
   1. make a statement about the demand to lower the price;
   2. submit a declaration of withdrawal from the contract;

unless Seller immediately and without undue inconvenience to Consumer replaces the defective item with a non-defective one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect, he is not entitled to replace the item or remove the defect .

5. The consumer may, instead of the removal of the defect proposed by the Seller , demand that the item be replaced with a non-defective one, or instead of replacing the item, demand that the defect be removed, unless the the method chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller , while assessing the excess of costs, the value of the item free from defects, the type and significance of the found defects, as well as the inconvenience to which the consumer would otherwise be satisfied.
6. The consumer cannot withdraw from the contract if the defect is irrelevant.
7. Consumer if the item sold has a defect, it may also:
   1. demand that the item be replaced with one that is free from defects;
   2. demand that the defect be removed.
8. The Seller is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to
9. The Seller may refuse to satisfy the Consumer request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or in comparison with the second possible way to bring it into compliance with the the contract would require excessive costs.
10. In the event that the defective item has been installed, the consumer may request the Seller to disassemble and reinstall it after replacing it with a defect-free one or removing the defect, but is obliged to bear part of the related costs exceeding the price of the item sold or may require the Seller to pay a part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of Seller’s breach , Consumer is entitled to perform these activities at the expense and risk of Seller .
11. The consumer who exercises the warranty rights is obliged to deliver the defective item to the complaint address at the expense of the Seller , and if due to the type of the item or the method of its installation the delivery of the item by the consumer would be excessively difficult, the consumer is obliged to make the item available to the seller in the place where the item is located. In the event of Seller’s failure to fulfill the obligation , the Consumer is entitled to return the items at the expense and risk of Seller .
12. The costs of replacement or repair are borne by the Seller , except for the situation described in 5 point 10.
13. The Seller is obliged to accept the defective item from the Consumer in the event of replacement of the item with a non-defective one or withdrawal from the contract.
14. The Seller within fourteen days will respond to the provisions based on Art. 5615 of the Civil Code : statements about a request to reduce the price, requests to replace the item with one free from defects, requests to remove the defect. The Seller within thirty days (Art. 7a of the Consumer Law ) will respond to any other Consumer statement that does not apply to that specified in the Code civil law fourteen day deadline.

Otherwise, it is believed that he considered education justifieddelivery or request of Consumer .

15. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Consumer , and if the subject of sale is used item within one year from the moment of delivery the item to the consumer .
16. The Consumer’s claim for the removal of the defect or replacement of the item sold for a defect-free one expires after one year from the date of finding the defect, but not earlier than within two years strong> items to the consumer , and if the subject of sale is a used item within one year from the moment of delivery the item to the consumer .
17. In the event that the expiry date specified by the Seller or the manufacturer ends after two years from the moment the item is delivered to the Consumer , Seller > is liable under the warranty for physical defects of this item found before the expiry of this period.
18. Within the time limits specified in 5 points 15-17 The consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the sold item, and if the consumer demanded replacement of the item for a defect-free or defect-free one, the deadline for submitting a declaration of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
19. In the event of pursuing one of the rights under the warranty before a court or an arbitration court, the time limit for the exercise of other rights that the Consumer is entitled to in this respect is suspended until the final conclusion of the proceedings. It also applies accordingly to mediation proceedings, whereby the time limit for the exercise of other warranty rights due to the Consumer begins to run from the date of the court refusing to approve the settlement concluded before the mediator or the unsuccessful completion of the mediation.
20. To exercise the rights under the warranty for legal defects of the sold item, 5 points 15-16 apply, except that the period starts from the day on which the consumer learned the existence of the defect, and if the consumer learned about the defect only as a result of an action of a third party – from the date on which the judgment issued in a dispute with a third party became final.
21. If due to a defect in the item the consumer has made a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered by entering into the contract, not knowing about the defect, even if the damage was as a result of circumstances for which the Seller is not responsible, and in particular may demand reimbursement of the costs of concluding the contract, costs of collecting, transporting, storing and insuring goods, reimbursement of expenditure to the extent that it did not benefit from them , and did not receive their refund from a third party and reimbursement of the costs of the trial. This is without prejudice to the provisions on the obligation to repair the damage on general principles.
22. The expiry of any time limit for finding a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
23. The Seller insofar as he is obliged to provide or provide financial services to the Consumer , will perform them without undue delay, no later than the date provided for by law.

• 6 Privacy policy and personal data security

1. Personal Data Administrator is responsible for the lawful processing of personal data , and the rules for collecting, processing and storing personal data , as well as the rights < strong> Buyer related to his personal data are available in Privacy Policy .
2. Personal Data Administrator processes personal data Buyers on the basis of consent and in connection with the legitimate interests of Seller .
3. Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
4. The Buyer’s consent to the processing of personal data is voluntary, and the consent to the processing of data for a specific purpose may be withdrawn at any time.
5. For the purposes of order Buyer the following personal data are collected:
   1. postal address – necessary to issue proof of purchase ;
   2. place of issue of items – necessary to address the package;
   3. e-mail – necessary for communication related to the implementation of the contract;
   4. phone number – necessary for some types of deliveries
6. Detailed solutions for the protection of personal data related to the submission of order , but also the use of the store before and after placing the order includes privacy policy .

 

• 7 Final provisions

1. Nothing in these regulations is intended to infringe the rights of Buyer . It cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute compliance and application of this law in place of the contested provision of the regulations.
2. Registered Buyers will be notified about changes to the regulations and their scope by e-mail (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. The changes will be introduced in order to adapt the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in the regulations tab https://chocolatespace.online/regulamin/</ a>. During the execution of the order and throughout the period of Buyer after-sales care, the regulations accepted by him when placing the order apply. Except when the Consumer finds it less favorable than the current one and informs the Seller of the current selection as binding.
4. In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Disputed issues, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or an arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any rightholder > from among those located in the register of UOKiK. The Seller declares its intention and agrees to an out-of-court resolution of the consumer dispute.

As a last resort, the matter is resolved by the local and material court. (Warsaw, January 10, 2021)