Terms of service

Terms and Conditions of the CHIGEE.PL Online Store

This is an English translation provided for convenience. The Polish version of the Terms and Conditions is legally binding. In the event of any discrepancy, the Polish version shall prevail, without prejudice to any mandatory consumer protection rights.

The Online Store www.chigee.pl respects consumer rights. A consumer may not waive the rights conferred on them by the Consumer Rights Act. Contractual provisions less favourable to the consumer than the provisions of the Consumer Rights Act are null and void, and the provisions of the Consumer Rights Act apply in their place. Accordingly, the provisions of these Terms and Conditions are not intended to exclude or limit any rights of consumers to which they are entitled under mandatory provisions of law, and any doubts shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, those provisions shall take precedence and shall apply.

General Provisions
Electronic Services in the Online Store
Terms of Concluding the Sales Agreement
Methods and Time Limits of Payment for the Product
Cost, Methods and Time Limit of Delivery and Collection of the Product
Complaints Procedure
Out-of-Court Methods of Handling Complaints and Pursuing Claims and Rules of Access to Those Procedures
Right of Withdrawal from the Contract
Provisions Concerning Business Customers
Product Reviews
Illegal Content and Other Content Not Compliant with the Terms and Conditions
Final Provisions
Model Withdrawal Form

1. General provisions

1.1. The Online Store available at the web address www.chigee.pl is operated by BRAMOWE.PL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Toruń (registered office address and correspondence address: ul. Mazowiecka 52-68, 87-100 Toruń), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000820538; registry court where the company's documentation is kept: District Court in Toruń, 7th Commercial Division of the National Court Register; share capital: PLN 10,000.00; NIP 8792718489, REGON 385138094, email address: sklep@chigee.pl, telephone number: +48 505 250 606.

1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise.

1.3. The controller of personal data processed in the Online Store in connection with the performance of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period and on the basis of the grounds and rules set out in the privacy policy published on the Online Store website. The privacy policy sets out, above all, the rules concerning the processing of personal data by the Controller in the Online Store, including the grounds, purposes and period of processing of personal data 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 Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller's statutory obligations).

1.4. Definitions:

1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).

1.4.2. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

1.4.3. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

1.4.4. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling an Order to be placed, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.5. CUSTOMER – (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 organisational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.6. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

1.4.7. ACCOUNT – an Electronic Service, a set of resources in the Service Provider's ICT system, designated by an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information on the Orders placed by them in the Online Store are stored.

1.4.8. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Recipients using it to automatically receive from the Service Provider the periodic content of successive editions of the newsletter containing information on Products, new arrivals and promotions in the Online Store.

1.4.9. ILLEGAL CONTENT – any information which, in itself or in relation to an activity, including the sale of Products or the provision of Electronic Services, is not in compliance with the law of the European Union or the law of any Member State which is in compliance with the law of the European Union, irrespective of the precise subject matter or nature of that law.

1.4.10. PRODUCT – a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.

1.4.11. TERMS AND CONDITIONS – these terms and conditions of the Online Store.

1.4.12. ONLINE STORE – the Service Provider's online store available at the web address: www.chigee.pl.

1.4.13. SELLER, SERVICE PROVIDER – BRAMOWE.PL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Toruń (registered office address and correspondence address: ul. Mazowiecka 52-68, 87-100 Toruń), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000820538; registry court where the company's documentation is kept: District Court in Toruń, 7th Commercial Division of the National Court Register; share capital: PLN 10,000.00; NIP 8792718489, REGON 385138094, email address: sklep@chigee.pl, telephone number: +48 505 250 606.

1.4.14. SALES AGREEMENT – a contract for the sale of a Product entered into or concluded between the Customer and the Seller via the Online Store.

1.4.15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

1.4.16. SERVICE RECIPIENT – (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 organisational unit without legal personality to which the law grants legal capacity – using or intending to use an Electronic Service.

1.4.17. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).

1.4.18. ORDER – the Customer's declaration of intent submitted by means of the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.

2. Electronic Services in the Online Store

2.1. The following Electronic Services are available in the Online Store: the Account, the Order Form and the Newsletter.

2.1.1. Account – the Account may be used once the Service Recipient has completed a total of four consecutive steps – (1) filling in the Registration Form, (2) clicking the "Continue" field, (3) entering the code sent to the email address provided in the Registration Form and (4) clicking the "Submit" field. In the Registration Form, the Service Recipient must provide the following data concerning the Service Recipient: email address. An Account may also be created and logged into using the login credentials for the Service Recipient's account in the Shop service, made available by the provider of the store platform – in such a case, the Service Recipient is redirected to the Shop service in order to confirm their identity, and the Service Provider receives the data necessary to create and operate the Account.

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (cancel the Account) by sending an appropriate request to the Service Provider, in particular by email to: sklep@chigee.pl or in writing to: ul. Mazowiecka 52-68, 87-100 Toruń.

2.1.2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. An Order is placed once the Customer has completed a total of two consecutive steps – (1) filling in the Order Form and (2) after filling in the Order Form, clicking the "Pay now" field on the Online Store website – until that moment, the Customer may modify the data entered on their own (for this purpose, the Customer should follow the messages displayed and the information available on the Online Store website). In the Order Form, the Customer must provide the following data concerning the Customer: first name and surname, address (street, house/flat number, postcode, town/city), email address, contact telephone number, as well as data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, the company name and NIP number must also be provided.

2.1.2.1. The Order Form Electronic Service is provided free of charge, is of a one-off nature and terminates upon an Order being placed through it or upon the Service Recipient ceasing, at an earlier point, to place an Order through it.

2.1.3. Newsletter – the Service Recipient may subscribe to the Newsletter by (1) entering their email address in the Newsletter subscription form available on the Online Store website, ticking the required checkboxes and submitting the form, or (2) ticking the relevant checkbox when creating an Account or placing an Order – upon submitting the form, creating an Account or placing an Order, the Service Recipient is subscribed to the Newsletter.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (cancel the Newsletter) by sending an appropriate request to the Service Provider, in particular by email to: sklep@chigee.pl or in writing to: ul. Mazowiecka 52-68, 87-100 Toruń.

2.2. Technical requirements necessary to work with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to email; (3) an up-to-date version of a web browser: Mozilla Firefox; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1920x1080; (5) enabling the saving of Cookies and support for Javascript in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practice, having regard to respect for the personal rights, copyright and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data that are consistent with the facts. The Service Recipient is prohibited from providing content of an unlawful nature, including Illegal Content.

2.4. The complaints procedure concerning Electronic Services is set out in point 6. of the Terms and Conditions.

3. Terms of concluding the Sales Agreement

3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order by means of the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.

3.2. The price of a Product displayed on the Online Store website is stated in Polish zloty and includes taxes. The Customer is informed on the Online Store pages in the course of placing the Order, including at the moment the Customer expresses their intention to be bound by the Sales Agreement, of the total price including taxes of the Product which is the subject of the Order, as well as of the delivery costs (including charges for transport, delivery and postal services) and of other costs, and, where the amount of such charges cannot be determined, of the obligation to pay them.

3.3. Procedure for concluding a Sales Agreement in the Online Store by means of the Order Form

3.3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.

3.3.2. After the Order has been placed, the Seller promptly confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending the Customer an appropriate email message to the Customer's email address provided when placing the Order, which contains at least the Seller's statements of receipt of the Order and of its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded upon the Customer's receipt of the above email message.

3.4. The content of the Sales Agreement being concluded is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the email message referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

4. Methods and time limits of payment for the Product

4.1. The Seller makes the following methods of payment under the Sales Agreement available to the Customer:

4.1.1. Cash on delivery upon receipt of the parcel, available only for delivery by cash-on-delivery courier shipment within the territory of the Republic of Poland. Choosing this method of payment may involve an additional charge, the amount of which is indicated to the Customer in the course of placing the Order, before the Customer expresses their intention to be bound by the Sales Agreement.

4.1.2. Payment in cash upon personal collection.

4.1.3. Payment by bank transfer to the Seller's bank account.

4.1.3.1. Bank: mBank S.A.

4.1.3.2. Account number: 26 1140 2088 0000 2801 4700 1001.

4.1.4. Payments by payment card, BLIK and via the Apple Pay, Google Pay and Shop Pay payment wallets as part of the Shopify Payments service – the currently available payment methods are specified on the Online Store website in the course of placing the Order. These payments are handled by Stripe Payments Europe, Limited, with its registered office in Dublin (Ireland).

4.1.5. Electronic payments and payment card payments via the Przelewy24.pl service – the currently available payment methods are specified on the Online Store website in the course of placing the Order and on the website https://www.przelewy24.pl. Payments via the Przelewy24.pl service are handled by PAYPRO SPÓŁKA AKCYJNA with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000347935, share capital: PLN 4,737,100.00, NIP 7792369887, REGON 301345068.

4.1.6. Deferred payment or Klarna instalment payment – payment is made in whole or in part from funds originating from credit granted to the Customer by KLARNA BANK AB (publ) with its registered office in Stockholm (registered office address: Sveavägen 46, 111 34 Stockholm, Sweden), entered in the Swedish companies register under number 556737-0431, operating on a cross-border basis within the territory of the Republic of Poland on the basis of an authorisation issued by Finansinspektionen (the Swedish financial supervisory authority) under the single European passport. The detailed terms of deferred or instalment payment are set out in the agreement concluded by the Customer directly with the lender.

4.2. Time limit for payment:

4.2.1. If the Customer chooses payment by bank transfer, the Customer is obliged to make the payment within 7 calendar days of the date of conclusion of the Sales Agreement.

4.2.2. If the Customer chooses electronic payment or payment by payment card, the Customer is obliged to make the payment within 7 calendar days of the date of conclusion of the Sales Agreement.

4.2.3. If the Customer chooses cash on delivery upon receipt of the parcel or payment in cash upon personal collection, the Customer is obliged to make the payment upon receipt of the parcel.

4.3. The entities providing online payment services are Stripe Payments Europe, Limited (Shopify Payments service) and PAYPRO SPÓŁKA AKCYJNA (Przelewy24.pl service).

4.3.1. Available forms of payment: payment cards (Visa, Mastercard, Maestro), BLIK, fast online transfers, the Apple Pay, Google Pay and Shop Pay payment wallets, and deferred payment or Klarna instalment payment.

5. Cost, methods and time limit for delivery and collection of the Product

5.1. Delivery of the Product is available within the territory of the Republic of Poland and within the territory of the other Member States of the European Union.

5.2. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placing of the Order, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.

5.3. Personal collection of the Product by the Customer is free of charge.

5.4. The Seller makes the following methods of delivery or collection of the Product available to the Customer:

5.4.1. Courier shipment.

5.4.2. Cash-on-delivery courier shipment, available only for delivery within the territory of the Republic of Poland.

5.4.3. Shipment to an InPost parcel locker (Paczkomat), available only for delivery within the territory of the Republic of Poland.

5.4.4. Personal collection available at the address: ul. Mazowiecka 52-68, 87-100 Toruń – on Business Days, between 08:00 and 16:00.

5.5. The time limit for delivery of the Product to the Customer is up to 28 Business Days, unless a shorter time limit is specified in the description of the given Product or during the placing of the Order. In the case of Products with different delivery time limits, the delivery time limit is the longest time limit specified, which, however, may not exceed 28 Business Days. The start of the time limit for delivery of the Product to the Customer is calculated as follows:

5.5.1. Where the Customer chooses payment by bank transfer, electronic payment or payment card – from the day on which the Seller's bank account or settlement account is credited.

5.5.2. Where the Customer chooses payment in cash on delivery – from the day on which the Sales Agreement is concluded.

5.6. Time limit for the Product to be ready for collection by the Customer – where the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within up to 28 Business Days, unless a shorter time limit is specified in the description of the given Product or during the placing of the Order. In the case of Products with different time limits for readiness for collection, the time limit for readiness for collection is the longest time limit specified, which, however, may not exceed 28 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The start of the time limit for the Product to be ready for collection by the Customer is calculated as follows:

5.6.1. Where the Customer chooses payment by bank transfer, electronic payment or payment card – from the day on which the Seller's bank account or settlement account is credited.

5.6.2. Where the Customer chooses payment in cash upon personal collection – from the day on which the Sales Agreement is concluded.

6. Complaints procedure

6.1. This point 6 of the Terms and Conditions sets out the complaints procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints related to the activities of the Seller or the Online Store.

6.2. A complaint may be submitted, for example:

6.2.1. in writing to the address: ul. Mazowiecka 52-68, 87-100 Toruń;

6.2.2. in electronic form by e-mail to the address: sklep@chigee.pl.

6.3. The Product may be sent or returned as part of a complaint to the address: ul. Mazowiecka 52-68, 87-100 Toruń.

6.4. It is recommended that the description of the complaint include: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or lack of conformity with the contract; (2) a request as to the manner of bringing the item into conformity with the contract, or a statement on price reduction or withdrawal from the contract, or another claim; and (3) the contact details of the person submitting the complaint – this will facilitate and speed up the handling of the complaint. The requirements set out in the preceding sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5. If the person submitting the complaint changes the contact details provided while the complaint is being handled, they are obliged to notify the Seller thereof.

6.6. The person submitting the complaint may attach to the complaint evidence (e.g. photographs, documents or the Product) related to the subject of the complaint. The Seller may also ask the person submitting the complaint to provide additional information or to send evidence (e.g. photographs), if this will facilitate and speed up the handling of the complaint by the Seller.

6.7. The Seller shall respond to the complaint without undue delay, and no later than within 14 calendar days of the day of its receipt.

6.8. The basis and scope of the Seller's statutory liability are set out in generally applicable provisions of law, in particular in the Civil Code, the Consumer Rights Act and the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended). Additional information concerning the Seller's statutory liability for the conformity of the Product with the Sales Agreement is provided below:

6.8.1. In the case of a complaint concerning a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item which serves exclusively as a carrier of digital content – this is governed by the provisions of the Consumer Rights Act, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions set out, in particular, the basis and scope of the Seller's liability towards the consumer in the event of lack of conformity of the Product with the Sales Agreement.

6.8.2. In the case of a complaint concerning a Product – digital content or a digital service, or a movable item which serves exclusively as a carrier of digital content – this is governed by the provisions of the Consumer Rights Act, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions set out, in particular, the basis and scope of the Seller's liability towards the consumer in the event of lack of conformity of the Product with the Sales Agreement.

6.9. In addition to statutory liability, a guarantee may be granted for the Product – this is contractual (additional) liability and may be used where the given Product is covered by a guarantee. The guarantee may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms concerning liability under the guarantee, including the details of the entity responsible for performing the guarantee and of the entity entitled to use it, are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Seller points out that, in the event of lack of conformity of the Product with the contract, the Customer is entitled by operation of law to legal remedies from and at the expense of the Seller, and that the guarantee does not affect those legal remedies.

6.10. The provisions concerning the consumer contained in points 6.8.1. and 6.8.2. of the Terms and Conditions also apply to a Customer who is a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, arising in particular from the subject of the business activity carried out by that person, as made available on the basis of the provisions on the Central Register and Information on Economic Activity.

7. Out-of-court methods of handling complaints and pursuing claims, and rules of access to those procedures

7.1. Methods of resolving disputes without the involvement of a court include, among others, (1) enabling the positions of the parties to be brought closer together, e.g. through mediation; (2) proposing a resolution of the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing its resolution on the parties, e.g. in arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to those procedures and a user-friendly search engine of entities engaged in the amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection (UOKiK) at: https://polubowne.uokik.gov.pl/.

7.2. A contact point operates at the President of the Office of Competition and Consumer Protection (UOKiK), whose tasks include, among others, providing consumers with information on the out-of-court resolution of consumer disputes. The consumer may contact the contact point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Office's Headquarters at plac Powstańców Warszawy 1 in Warsaw (00-030).

7.3. The consumer has, by way of example, the following options for using out-of-court methods of handling complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Trade Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Federacja Konsumentów (Consumer Federation) and the Stowarzyszenie Konsumentów Polskich (Association of Polish Consumers)). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (the helpline is open on Business Days, from 8:00 to 18:00, call charges according to the operator's tariff).

8. Right of withdrawal from the contract

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, with the exception of the costs specified in point 8.8 of the Terms and Conditions. To meet the time limit, it is sufficient to send the statement before it expires. The statement of withdrawal from the contract may be submitted, for example:

8.1.1. in writing to the address: ul. Mazowiecka 52-68, 87-100 Toruń;

8.1.2. in electronic form by e-mail to the address sklep@chigee.pl.

8.2. The return of the Product – movable items (including movable items with digital elements) as part of withdrawal from the contract may be made to the address: ul. Mazowiecka 52-68, 87-100 Toruń.

8.3. A model withdrawal form is set out in Annex No. 2 to the Consumer Rights Act and is additionally available in point 13 of the Terms and Conditions. The consumer may use the model form, but it is not mandatory.

8.4. The time limit for withdrawal from the contract begins:

8.4.1. for a contract in performance of which the Seller delivers the Product, being obliged to transfer ownership of it – from the moment the consumer, or a third party indicated by the consumer other than the carrier, takes possession of the Product, and in the case of a contract which: (1) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a fixed period – from taking possession of the first of the Products;

8.4.2. for other contracts – from the day on which the contract is concluded.

8.5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.

8.6. Products – movable items, including movable items with digital elements:

8.6.1. The Seller is obliged, without undue delay and no later than within 14 calendar days of the day of receipt of the consumer's statement of withdrawal from the contract, to refund to the consumer all payments made by the consumer, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall make the refund using the same means of payment as used by the consumer, unless the consumer has expressly agreed to a different means of refund which does not involve any costs for the consumer. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of payments received from the consumer until it has received the Product back or the consumer has supplied proof of having sent it back, whichever occurs first.

8.6.2. In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged, without undue delay and no later than within 14 calendar days of the day on which the consumer withdrew from the contract, to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller has offered to collect the Product itself. To meet the time limit, it is sufficient to send back the Product before it expires.

8.6.3. The consumer is liable for any diminution in the value of the Product – a movable item (including a movable item with digital elements) – resulting from its use in a manner beyond that necessary to establish the nature, characteristics and functioning of the Product.

8.7. Products – digital content or digital services:

8.7.1. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – the Seller, from the day of receipt of the consumer's statement of withdrawal from the contract, may not use any content other than personal data provided or created by the consumer while using the Product – digital content or digital service – supplied by the Seller, with the exception of content which: (1) is useful exclusively in connection with the digital content or digital service which constituted the subject of the contract; (2) relates exclusively to the consumer's activity while using the digital content or digital service supplied by the Seller; (3) has been combined by the trader with other data and cannot be separated from it, or can be separated only with disproportionate effort; (4) has been created by the consumer jointly with other consumers who may continue to use it. With the exception of the cases referred to above in points (1)–(3,) the Seller shall, at the consumer's request, make available to the consumer content other than personal data which was provided or created by the consumer while using the digital content or digital service supplied by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user account, which does not affect the consumer's rights referred to in the preceding sentence. The consumer has the right to retrieve the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used, machine-readable format.

8.7.2. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service, the consumer is obliged to cease using that digital content or digital service and making it available to third parties.

8.8. Possible costs related to the consumer's withdrawal from the contract which the consumer is obliged to bear:

8.8.1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by the consumer.

8.8.2. In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.

8.8.3. In the case of a Product – a service the performance of which began, at the express request of the consumer, before the expiry of the time limit for withdrawal from the contract, a consumer who exercises the right of withdrawal from the contract after making such a request is obliged to pay for the performance rendered until the moment of withdrawal from the contract. The amount of payment is calculated in proportion to the extent of the performance rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount is the market value of the performance rendered.

8.9. The right of withdrawal from a distance contract does not apply to the consumer in respect of contracts:

8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, where the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the performance that, once the Seller has completed the performance, the consumer will lose the right of withdrawal from the contract, and acknowledged this; (2) 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 expiry of the time limit for withdrawal from the contract; (3) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – that is not prefabricated, is manufactured according to the consumer's specifications or serves to satisfy the consumer's individualised needs; (4) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – that is liable to deteriorate rapidly or has a short shelf life; (5) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – supplied in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of performance is Products – movable items (including movable items with digital elements) – which, after delivery, by their nature, become inseparably combined with other movable items, including movable items with digital elements; (7) in which the subject of performance is alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested the Seller to visit them for the purpose of carrying out urgent repairs or maintenance; if the Seller additionally provides services other than those whose performance the consumer requested, or supplies Products – movable items (including movable items with digital elements) – other than spare parts necessary to carry out the repair or maintenance, the right of withdrawal from the contract applies to the consumer in respect of the additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, carriage of goods, car hire, catering, or services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of provision of the service; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, where the Seller has begun the performance with the express and prior consent of the consumer, who was informed before the start of the performance that, once the Seller has completed the performance, the consumer will lose the right of withdrawal from the contract, and acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, in respect of which the consumer expressly requested the Seller to visit them for the purpose of carrying out a repair, and the service has already been fully performed with the express and prior consent of the consumer.

8.10. The provisions concerning the consumer contained in this point 8 of the Terms and Conditions apply from 1 January 2021, and for contracts concluded from that date, also to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, arising in particular from the subject of the business activity carried out by that person, as made available on the basis of the provisions on the Central Register and Information on Economic Activity.

9. Provisions concerning business customers

9.1. This point 9 of the Terms and Conditions and all provisions contained herein are addressed to and therefore binding exclusively on a Customer or Service Recipient who is not a consumer and who, from 1 January 2021 and for contracts concluded from that date, is also not a natural person concluding a contract directly related to their business activity where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity carried out by that person, as disclosed under the provisions on the Central Register and Information on Business Activity.

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Agreement may take place without stating any reason and gives rise to no claims whatsoever on the part of the Customer against the Seller.

9.3. The Seller's liability under the statutory warranty for the Product or for lack of conformity of the Product with the Sales Agreement is excluded.

9.4. The Seller shall respond to a complaint within 30 calendar days of its receipt.

9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, irrespective of the payment method chosen by the Customer and of the fact that the Sales Agreement has been concluded.

9.6. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without stating reasons by sending an appropriate statement to the Service Recipient.

9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both for a single claim and for all claims in aggregate – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than the amount of one thousand zlotys. The monetary limitation referred to in the preceding sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including where no Sales Agreement has been concluded or where the claims are unrelated to the Sales Agreement. The Service Provider/Seller shall be liable towards the Service Recipient/Customer only for typical damage foreseeable at the time the contract was concluded and shall not be liable for loss of profits. The Seller shall also not be liable for any delay in the carriage of the consignment.

9.8. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. Product Reviews

10.1. The Seller enables its Customers to post and access reviews of Products and of the Online Store on the terms set out in this point of the Terms and Conditions.

10.2. A Customer may post a review by using the form that allows a review of a Product or of the Online Store to be added. This form may be made available directly on the Online Store website (including by means of an external widget) or may be made available via an individual link received by the Customer after the purchase at the e-mail address provided by the Customer. When adding a review, the Service Recipient may also add a graphic rating or a photograph of the Product – if such an option is available in the review form.

10.3. A review of a Product may be posted only for Products actually purchased in the Seller's Online Store and only by a Customer who has purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements for the purpose of posting a review of a Product. A review of the Online Store may be posted by a person who is a Customer of the Online Store.

10.4. The addition of reviews by Customers may not be used for unlawful activities, in particular activities constituting an act of unfair competition or activities infringing personal rights, intellectual property rights or other rights of the Seller or of third parties. When adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good practice.

10.5. Reviews may be made available directly on the Online Store website (e.g. next to a given Product) or on an external review-collecting service with which the Seller cooperates and to which it refers on the Online Store website (including by means of an external widget placed on the Online Store website).

10.6. The Seller ensures that the published reviews of Products come from its Customers who have purchased the given Product. To this end, the Seller takes the following measures to verify that reviews come from its Customers:

10.6.1. The publication of a review posted using the form available directly on the Online Store website requires prior verification by the Seller. The verification consists in checking the compliance of the review with the Terms and Conditions, in particular in checking whether the reviewer is a Customer of the Online Store – in which case the Seller checks whether that person has made a purchase in the Online Store and, in the case of a review of a Product, additionally checks whether that person has purchased the reviewed Product. The verification takes place without undue delay.

10.6.2. The Seller sends its Customers (including by means of an external review-collecting service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase – in this way, access to the review form is granted only to a Customer who has purchased a Product in the Online Store.

10.6.3. In the event of doubts on the part of the Seller or objections raised with the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer has purchased a given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are in fact a Customer of the Online Store or have purchased the reviewed Product.

10.7. Any comments, appeals against the verification of reviews, or objections as to whether a given review comes from a Customer or whether a given Customer has purchased a given Product may be submitted in a manner analogous to the complaints procedure set out in point 6 of the Terms and Conditions.

10.8. The Seller does not post, or commission any other person to post, false reviews or recommendations of Customers, and does not distort reviews or recommendations of Customers in order to promote its Products. The Seller makes available both positive and negative reviews. The Seller does not make available sponsored reviews.

11. Illegal Content and other content not compliant with the Terms and Conditions

11.1. This point of the Terms and Conditions contains provisions arising from the Digital Services Act to the extent that it concerns the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store, unless the Terms and Conditions require certain data to be provided (e.g. data for placing an Order). The Service Recipient may have the option of adding a review or comment in the Online Store using the tools made available for this purpose by the Service Provider. In every case in which the Service Recipient provides content, they are obliged to comply with the rules contained in the Terms and Conditions.

11.2. POINT OF CONTACT - The Service Provider designates the e-mail address sklep@chigee.pl as the single point of contact. The point of contact enables direct communication between the Service Provider and the authorities of the Member States, the European Commission and the European Board for Digital Services and, at the same time, enables recipients of the service (including Service Recipients) to communicate directly, rapidly and in a user-friendly manner with the Service Provider by electronic means, for the purposes of the application of the Digital Services Act. The Service Provider indicates Polish and English as the languages for communication with its point of contact.

11.3. Procedure for notifying Illegal Content and taking action in accordance with Article 16 of the Digital Services Act:

11.3.1. Any individual or entity may notify the Service Provider, at the e-mail address sklep@chigee.pl, of the presence of specific items of information that the individual or entity considers to be Illegal Content.

11.3.2. The notice should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates the submission, to the e-mail address indicated above, of notices containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be Illegal Content; (2) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the Illegal Content adapted to the type of content and to the specific type of service; (3) the name and e-mail address of the individual or entity submitting the notice, except in the case of a notice concerning information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.

11.3.3. The notice referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in respect of the specific item of information concerned where it allows a diligent Service Provider to identify the illegality of the relevant activity or information without a detailed legal examination.

11.3.4. Where the notice contains the electronic contact information of the individual or entity that submitted it, the Service Provider shall, without undue delay, send a confirmation of receipt of the notice to that individual or entity. The Service Provider shall also, without undue delay, notify that individual or entity of its decision in respect of the information to which the notice relates, providing information on the possibilities for appeal against the decision taken.

11.3.5. The Service Provider processes all notices that it receives under the mechanism referred to above and takes its decisions in respect of the information to which the notices relate in a timely, non-arbitrary and objective manner and with due diligence. Where the Service Provider uses automated means for such processing or decision-making, it includes information on such use in the notification referred to in the preceding point.

11.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store in respect of information provided by Service Recipients:

11.4.1. The Service Recipient is bound by the following rules when providing any content within the Online Store:

11.4.1.1. the obligation to use the Online Store, including for posting content (e.g. in reviews or comments), in accordance with its intended purpose, these Terms and Conditions and in a manner consistent with the law and good practice, having regard to respect for personal rights and for copyright and intellectual property rights of the Service Provider and of third parties;

11.4.1.2. the obligation to enter content that is consistent with the facts and in a manner that is not misleading;

11.4.1.3. the prohibition on providing content of an unlawful nature, including the prohibition on providing Illegal Content;

11.4.1.4. the prohibition on sending unsolicited commercial information (spam) via the Online Store;

11.4.1.5. the prohibition on providing content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;

11.4.1.6. the obligation to hold – where necessary – all required rights and permissions to provide such content on the Online Store website, in particular copyright or the required licences, permissions and consents for its use, dissemination, making available or publication, especially the right to publish and disseminate in the Online Store and the right to use and disseminate the image or personal data in the case of content that includes the image or personal data of third parties.

11.4.1.7. the obligation to use the Online Store in a manner that does not pose a threat to the security of the ICT system of the Service Provider, the Online Store or third parties.

11.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store website. Moderation is carried out in good faith and with due diligence, on the Service Provider's own initiative or upon a notice received, in order to detect, identify and remove Illegal Content or other content not compliant with the Terms and Conditions or to disable access to it, or to take the measures necessary to comply with the requirements of European Union law and national law compliant with European Union law, including the requirements laid down in the Digital Services Act, or the requirements contained in the Terms and Conditions.

11.4.3. The moderation process may be carried out manually by a human or may be based on automated or partially automated tools that assist the Service Provider in identifying Illegal Content or other content not compliant with the Terms and Conditions. Once such content has been identified, the Service Provider takes a decision on the possible removal of the content or disabling of access to it, or otherwise restricts its visibility, or takes other action it considers necessary (e.g. contacts the Service Recipient in order to clarify the objections and amend the content). The Service Provider shall inform the Service Recipient who provided the content (if it holds their contact details), in a clear and easily comprehensible manner, of its decision, the reasons for it and the available possibilities for appeal against that decision.

11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including recipients of the service, in particular with due regard to the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.

11.5. Any comments, grievances, complaints, appeals or objections concerning decisions or other actions or failures to act taken by the Service Provider on the basis of a notice received or a decision of the Service Provider taken in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaints procedure set out in point 6 of the Terms and Conditions. Use of this procedure is free of charge and allows complaints to be lodged electronically to the e-mail address provided. Use of the procedure for submitting and handling complaints is without prejudice to the right of the individual or entity concerned to initiate proceedings before a court and does not affect their other rights.

11.6. The Service Provider handles all comments, grievances, complaints, appeals or objections concerning decisions or other actions or failures to act taken by the Service Provider on the basis of a notice received or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. Where a complaint or other notice contains sufficient grounds for the Service Provider to consider that its decision not to act upon the notice is unfounded or that the information to which the complaint relates is not illegal and not incompatible with the Terms and Conditions, or contains information indicating that the complainant's conduct does not warrant the measure taken, the Service Provider shall, without undue delay, reverse or amend its decision on the possible removal of the content or disabling of access to it or other restriction of its visibility, or take other action it considers necessary.

11.7. Service Recipients, and individuals or entities that have submitted notices of Illegal Content, to whom decisions of the Service Provider concerning Illegal Content or content not compliant with the Terms and Conditions are addressed, have the right to select any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State in order to resolve disputes relating to those decisions, including in respect of complaints that have not been resolved by means of the Service Provider's internal complaint-handling system.

12. Final provisions

12.1. Agreements concluded through the Online Store are concluded in the Polish language.

12.2. Amendment of the Terms and Conditions:

12.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, namely: changes in the law; changes in the methods or dates of payment or delivery; being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to address an unforeseen and imminent threat related to the protection of the Online Store, including the Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.

12.2.2. Notification of the proposed changes is sent at least 15 days before the date on which those changes take effect, provided that a change may be introduced without observing the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner that prevents it from observing the 15-day notice period; or (2) must exceptionally amend its Terms and Conditions in order to address an unforeseen and imminent threat related to the protection of the Online Store, including the Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the preceding sentence, the changes shall take effect immediately, unless it is possible or necessary to apply a longer period for their introduction, of which the Service Provider shall give notice in each case.

12.2.3. In the case of continuing agreements (e.g. the provision of the Electronic Service – Account), the Service Recipient has the right to terminate the agreement with the Service Provider before the expiry of the period of notice of the proposed changes. Such termination takes effect within 15 days of receipt of the notification. Where a continuing agreement has been concluded, the amended Terms and Conditions shall be binding on the Service Recipient if they have been duly notified of the changes in accordance with the notice period before their introduction and have not terminated the agreement within that period. In addition, at any time after receiving notification of the changes, the Service Recipient may accept the changes being introduced and thereby waive the remainder of the notice period. Where an agreement other than a continuing agreement has been concluded, amendments to the Terms and Conditions shall in no way infringe the rights acquired by the Service Recipient before the date on which the amendments to the Terms and Conditions take effect; in particular, amendments to the Terms and Conditions shall not affect Orders being placed or already placed, or Sales Agreements concluded, being performed or already performed.

12.2.4. Should an amendment to the Terms and Conditions result in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.

12.3. In matters not governed by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

12.4. Waste electrical and electronic equipment – the Seller, as a distributor of electrical and electronic equipment, is obliged to collect, free of charge, waste equipment from private households at the point of sale, provided that the waste equipment is of the same type and has fulfilled the same functions as the equipment sold. When delivering equipment intended for private households to the Customer, the Seller is obliged to collect, free of charge, waste equipment from private households at the place of delivery of that equipment, provided that the waste equipment is of the same type and has fulfilled the same functions as the equipment delivered. The Customer shall indicate their intention to return waste equipment when placing the Order or in a message sent to the Seller's e-mail address: sklep@chigee.pl.

12.5. Waste electrical and electronic equipment must not be placed together with other waste. Information on collection points for waste electrical and electronic equipment is available at the Seller's personal collection point at ul. Mazowiecka 52-68, 87-100 Toruń, as well as on the websites and at the information points of the municipalities competent for the Customer's place of residence.

12.6. These Terms and Conditions do not exclude the provisions in force in the country belonging to the European Economic Area in which the consumer concluding the agreement with the Seller has their habitual residence, where those provisions cannot be excluded by agreement. In such a case, the Seller guarantees the consumer the protection afforded to them under the provisions that cannot be excluded by agreement in force in the country of their habitual residence.

13. Model withdrawal form (Annex 2 to the Consumer Rights Act)

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract).

To:
BRAMOWE.PL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Mazowiecka 52-68, 87-100 Toruń
chigee.pl
sklep@chigee.pl

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the supply of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date

(*) Delete as appropriate.

Language