Terms and Conditions

§ 1. DEFINITIONS

For the purposes of these Terms and Conditions, the terms used herein have the following meanings:

1. Client (Buyer, Service Recipient) – A natural person with full legal capacity who is at least 18 years old, as well as a legal person or an organizational unit without legal personality, which has been granted legal capacity under applicable laws. A Client can be anyone who has placed or intends to place an order, or uses other services offered by the Online Store.
2. Consumer – A natural person making a purchase in the online store for purposes not directly related to their business or professional activity.
3. User Account – An individual panel assigned to the Client upon registration in the Online Store system. The account is identified by the Client’s email address and password and enables access to additional features available on the Store’s website.
4. Entrepreneur – A natural person, legal entity, or an organizational unit without legal personality granted legal capacity by separate regulations, conducting business activity on their own behalf.
5. Entrepreneur with consumer rights – A natural person conducting business activity who makes a purchase in the online store for purposes related to their business activity, but the purchase is not of a professional nature (not directly related to the profile of the activity specified in the Central Register and Information on Business Activity).
6. Terms and Conditions – This document defining the rules for using the Online Store.
7. Online Store (Store) – An online service available at www.krakowduckstore.pl, through which the Client can place orders for the offered products.
8. Seller / Owner of the Online Store – Michał Radwan, conducting sole proprietorship under the company name Michał Radwan RADMIS, based on the entry in the Central Register and Information on Business Activity, located at ul. Szpitalna 32, 31-024 Kraków, NIP: 5512362387, REGON: 367359194.
9. Product – Any item offered for sale by the Seller via the Online Store.
10. Electronic Service – A service provided electronically by the Online Store KrakowDuckStore.pl in accordance with the provisions of the Act on the Provision of Electronic Services.
11. Sales Agreement (Agreement) – A sales agreement for products concluded between the Seller and the Client via the Online Store under the rules specified in these Terms and Conditions. This agreement is concluded remotely upon acceptance of the order by the Seller.
12. Newsletter – A service involving the sending of information about news and promotions available in the Online Store to the Client’s email address, who has consented to the subscription by entering their email address in the appropriate field on the Store’s website and clicking the “Sign up” option.

§ 2. GENERAL PROVISIONS

1. These Terms and Conditions specify:
   a) the technical requirements necessary to use the Online Store;
   b) the rules for using the services available in the Store;
   c) the procedure for placing orders for products and services offered by krakowduckstore.pl;
   d) the conditions for the delivery of ordered products;
   e) payment methods for orders;
   f) the rules for withdrawal from the agreement and order cancellation;
   g) the complaint procedure, including rules for submitting and handling complaints.
2. To use the Online Store website, the Client must have a device with internet access and an up-to-date version of a web browser installed. Additionally, to place orders for products or use some features of the Store, the Client must have an active email address.
3. The Client may browse the Store’s offerings without registration or providing personal data. However, to make a purchase, the provision of true personal data is required – anonymous or pseudonymous purchases are not permitted.
4. The Client is obligated to refrain from submitting content that is unlawful or violates good manners while using the Store. Moreover, the Client may not undertake actions that could disrupt the Store’s operation, particularly interfering with its content or technical elements. Using the Store contrary to its intended purpose is prohibited.
5. Orders for products available in the Store’s offering can be placed after providing the personal and address data necessary for order fulfillment. Registration of a user account is not required to place an order.
6. The information published on the Store’s website is for informational purposes only and does not constitute a commercial offer as defined by the Civil Code. This means the Store has the right to refuse order fulfillment in justified cases, and an agreement is concluded only after the order is confirmed by the Seller.
7. By accepting the Terms and Conditions, the Client agrees to:
   a) use the Store in accordance with these Terms and Conditions and applicable laws;
   b) not disrupt the operation or functionality of the Store;
   c) use the content available on the Store’s website solely for personal use.
8. All intellectual property rights related to the Online Store, including copyrights to its name, domain, website, and any patterns, forms, and logos posted on the site, belong to the Seller. Use of these elements is permitted only in accordance with the Terms and Conditions or with the Seller’s written consent.

§ 3. CREATING A USER ACCOUNT

1. To create a User Account in the Store, the Client must complete a free registration of their data in the Store system. Registration can be carried out in several places on the Store’s website and is available at various stages of the purchasing process. The registration process begins by filling out a registration form, where the Client provides their details, such as first name, last name, email address, and sets a password for the account.
2. The creation of a User Account requires the acceptance of these Terms and Conditions and the Privacy Policy by ticking the appropriate checkbox in the registration form.
3. After submitting the registration form, the Client will receive an email confirmation at the provided email address, confirming the creation of the User Account. Upon receipt of this message, an agreement for the provision of electronic services regarding the management of the User Account is concluded. From that moment, the Client can log in to their account and manage the data provided during registration.
4. The Client has the right to request the deletion of their User Account at any time without providing a reason. To do so, a request for account deletion must be sent to the email address: hello@krakowduckstore.pl.
5. Account registration is not required to place an order in the Store – the Client may make a purchase as a guest by providing only the data necessary for order fulfillment.

§ 4. PLACING ORDERS

1. The Client may place orders for products available in the Store either through their User Account.
2. To place an order, the Client must complete the Electronic Order Form available on the Store’s website. Products are selected by adding them to the shopping cart using the “Add to Cart” option. The Order Form includes information about the selected products, their unit prices, quantities, and allows the Client to specify the delivery location. The Client follows the instructions displayed on the screen.
3. After entering all the required information, the Client will be presented with an order summary. This summary includes details about the Seller, the ordered products, unit and total product prices (including delivery costs and any additional fees), the chosen payment method, delivery method, and the estimated order fulfillment time.
4. For orders involving digital content or digital services delivered electronically (not stored on a physical medium), the Client must consent to the immediate commencement of the service before the expiry of the 14-day withdrawal period. This consent is required by checking the appropriate box in the order form and reads: “I consent to the delivery of digital content or the commencement of the service before the expiry of the 14-day withdrawal period and acknowledge the loss of the right to withdraw from the agreement.” The Seller will confirm receipt of this consent via email.
5. To place an order, the Client must provide all the required personal data marked as mandatory in the order form, accept the Terms and Conditions and the Privacy Policy, and then submit the order by clicking the “Order and Pay” button.
6. Submitting the Electronic Order Form by the Client constitutes a binding offer to conclude a distance sales agreement in accordance with these Terms and Conditions.
7. The sales agreement is concluded when the Seller accepts the Electronic Order Form, confirmed by displaying a message confirming the order acceptance and assigning it a number.
8. After the conclusion of the distance sales agreement, the Client will receive an email confirming the order placement.
9. The order fulfillment time ranges from 1 to 10 business days, starting from the date the agreement is concluded.

§ 5. PRODUCT PRICES AND PAYMENT

1. All product prices displayed on the Store’s website are expressed in Polish złoty (PLN) and include VAT, meaning they are gross prices. Delivery costs are not included in the product price and depend on the selected delivery method. The total order cost, including the product price and delivery charges, is clearly indicated in the shopping cart before the Client places the order.
2. The prices displayed on the Store’s website are valid from the moment the order is placed until its completion.
3. The Store reserves the right to modify product prices and their availability; however, these changes will not affect orders already placed and confirmed for fulfillment.
4. The Client can pay for the ordered products and delivery costs using the following methods:
   a) Bank transfer to the Seller’s account:
   Michał Radwan RADMIS
   PL22 1090 0088 0000 0001 5909 3396
   Santander Bank
   b) BLIK payment.
   c) Instant electronic transfer via the TPay system, operated by TPay S.A.
   d) Payment by credit or debit card through the TPay payment gateway.5. The Store reserves the right to introduce new products, withdraw products from the offering, organize promotions, and provide discounts. These changes do not affect orders placed before their implementation. Details regarding promotions and their duration are always included in the description of the respective product. Promotions and discounts cannot be combined unless explicitly stated otherwise.6. Ownership of the purchased products passes to the Client only after full payment for the order has been made.

§ 6. DELIVERY AND ORDER FULFILLMENT

1. Ordered products are delivered exclusively within the European Union and to selected non-EU countries via courier service, to the address provided by the Client during the ordering process.
2. The available delivery options are detailed on the Store’s website and presented to the Client during the ordering process.
3. Currently available delivery methods include:
   a) InPost Lockers 24/7;
   b) DPD Courier;
   c) UPS Courier;
   d) InPost Courier.
4. Delivery costs are borne by the Client unless the Store decides otherwise. The delivery cost depends on the selected delivery method and is clearly indicated in the shopping cart before the order is finalized.
5. Order preparation for shipment takes a maximum of 5 business days, counting from the day after payment has been credited. The Client will be informed about the planned delivery date after the shipment is dispatched by the Store (order status update).
6. In the event of any damage to the shipment upon receipt, the Client should prepare a damage report in the presence of the courier and refuse to accept the damaged goods.
7. The delivery time for products is a maximum of 5 business days unless a different time is specified in the product description or during order confirmation. In such cases, by placing the order, the Client accepts the longer fulfillment time specified in the product description.
8. If the Client selects payment by bank transfer, electronic payment, or credit card, the order fulfillment time is calculated from the moment the funds are credited to the Seller’s bank account.
9. Order fulfillment involves assembling the ordered products, appropriately packaging them, and handing the shipment over to the courier as per the delivery method chosen by the Client. The order is considered fulfilled when the shipment is handed over to the courier responsible for delivering it to the Client.
10. The Seller is not responsible for delays in order fulfillment caused by reasons beyond their control, such as courier company delays, logistical issues, or other circumstances outside the Seller’s control. In the event of product unavailability, the Seller will promptly inform the Client and refund any payments made.

§ 7. WITHDRAWAL FROM THE AGREEMENT

1. A Client who is a Consumer or an Entrepreneur with Consumer rights who has entered into a distance sales agreement has the right to withdraw from it without providing a reason within 14 days.
2. The withdrawal period begins at the moment the Consumer or Entrepreneur with Consumer rights, or a third party indicated by them (other than the courier), takes possession of the Product.
3. The right to withdraw from the agreement does not apply to contracts where the subject is a Product made to the Client’s individual order, i.e., a non-prefabricated Product produced according to the Consumer’s specifications or customized to their individual needs. Examples of such products include items with custom prints requested by the Client.
4. To exercise the right to withdraw from the agreement, the Consumer or Entrepreneur with Consumer rights must submit a statement of withdrawal to the Seller. This statement can be sent electronically to the Seller’s email address: hello@krakowduckstore.pl. To meet the deadline, it is sufficient to send the withdrawal statement before it expires.
5. The Client is required to return the Product in an undamaged condition, beyond the necessary extent to establish its nature, characteristics, and functioning.
6. The Seller is obligated to promptly, and no later than 14 days from receiving the withdrawal statement, refund all payments made by the Client, including the delivery costs of the Product to the Client. However, the Seller may withhold the refund until the returned Product is received or proof of its return is provided, whichever occurs first.
7. If the Client has chosen a delivery method other than the least expensive standard delivery option offered by the Seller, the Seller is not obligated to refund the additional costs resulting from the choice of a more expensive delivery method.
8. The Client is required to return the Product to the Seller promptly, but no later than 14 days from the day of withdrawal from the agreement. To meet the deadline, the Product must be sent back before the period expires to the Seller’s address.
9. In the event of withdrawal from the agreement, the Client bears the direct cost of returning the Product.
10. The Client is responsible for any diminished value of the Product resulting from its use beyond what is necessary to establish its nature, characteristics, and functioning.
11. Refunds will be made using the same payment method used by the Client during the purchase unless the Client expressly agrees to another refund method that does not incur any additional costs for them.

Withdrawal from the Agreement – Email Statement

1. A Consumer or an Entrepreneur with Consumer rights may withdraw from a distance sales agreement within 14 days without providing a reason. In the event of withdrawal from the sales agreement, it is considered null and void.
2. In the case of withdrawal, the Client is only responsible for the direct costs of returning the Product.
3. The withdrawal statement must clearly express the Client’s intention to cancel the purchase and can be sent electronically to the email address: hello@krakowduckstore.pl.
4. The Seller will confirm receipt of the withdrawal statement on a durable medium (e.g., email) immediately upon receiving it.
5. To comply with the withdrawal deadline, it is sufficient to send the statement before the deadline expires.
6. The withdrawal period begins:
   – For sales agreements of goods – when the Product is taken into possession by the Client or a third party designated by them (other than the courier);
   – For orders involving multiple items delivered separately – when the last item is taken into possession;
   – For products delivered regularly over a specified period – when the first item is taken into possession;
   – For all other cases – from the day the agreement is concluded.
7. The right to withdraw does not apply in the cases specified in Article 38 of the Consumer Rights Act (Journal of Laws of 2019, item 134), including but not limited to:
   a) the provision of services fully performed with the Consumer’s consent;
   b) products made to the Consumer’s specifications (e.g., items with custom prints);
   c) products sealed for hygiene reasons once the packaging has been opened;
   d) audio/visual recordings and computer software once their sealed packaging has been opened;
   e) perishable goods or goods with a short expiration period;
   f) newspapers and magazines (except subscriptions);
   g) services related to accommodation and cultural/sports events scheduled for a specific date.

§ 8. COMPLAINTS

1. A complaint regarding a defect in the Product or non-compliance of the Product with the distance Sales Agreement can be submitted in the following ways:
   • In writing to the Seller’s business address.
   • Electronically to the email address: hello@krakowduckstore.pl.
2. In the complaint submission, the Client should specify the defect in the Product, state their expectations of the Seller, and, if possible, document the defect (e.g., photos) and provide proof of purchase of the Product from the Online Store.
3. The Seller undertakes to respond to the complaint within 14 days from the date of its receipt. If the Seller does not provide a response within this timeframe, the complaint is considered accepted. The response to the complaint will be sent to the Client in writing or on a durable medium (e.g., email).
4. The steps the Client must take to file a complaint, including the method of delivering the defective Product to the Seller, are outlined at various stages of the Electronic Complaint Form.
5. If the complaint is deemed justified, the costs associated with replacing or repairing the Product, including the shipping costs related to the complaint, will be borne by the Seller.
6. The Seller is liable to the Consumer and the Entrepreneur with Consumer rights for any non-compliance of the Product with the distance Sales Agreement in accordance with the provisions of the Consumer Rights Act of May 30, 2014.
7. The Seller is responsible for any non-compliance of the Product with the distance Sales Agreement existing at the time of delivery and revealed within two years from that moment, unless the expiration period specified by the Seller is longer.
8. The Seller undertakes to repair or replace the Product within 14 days from the date the complaint is accepted. The costs of repair or replacement, including shipping, transportation, labor, and materials, are covered by the Seller.
9. The Client is required to make the Product available for repair or replacement. The Seller will collect the Product at their own expense.
10. The Seller commits to delivering Products free of defects and is liable to Entrepreneurs for defects in the purchased Product in accordance with the provisions of the Civil Code.

§ 9. ELECTRONIC SERVICES PROVIDED

1. The Order Form service is free of charge, single-use, and ends when the order is placed through it or the Client stops placing the order.
2. The User Account service is provided free of charge for an indefinite period. The Client may terminate the User Account agreement at any time with immediate effect by deleting their account.
3. The User Account stores the Client’s data and order history. The Client logs into their account using their email address and password. Creating a User Account constitutes the conclusion of an agreement between the Client and the Seller for maintaining this account.
4. The Newsletter and Product Availability Notification services are provided free of charge for an indefinite period. The Client may unsubscribe from these services at any time by sending a request to the Seller’s email address: hello@krakowduckstore.pl.
5. To use the Newsletter and Product Availability Notification services, the Client must have a device with internet access, an up-to-date web browser, and an active email account.
6. The Newsletter and Product Availability Notification services are available to individuals with full legal capacity, as well as legal entities and organizational units without legal personality, granted legal capacity under the law. For individuals with limited legal capacity, obtaining consent from a legal representative may be required to conclude an agreement for these services.
7. Agreements for the Newsletter and Product Availability Notification services are considered agreements made in the course of minor, everyday matters of life.
8. The Newsletter service, provided at the Client’s request upon agreement, includes the delivery of commercial information about products and services offered by the Store, such as updates, promotions, or marketing campaigns.
9. The Product Availability Notification service, provided at the Client’s request upon agreement, includes notifications about the availability of a specific product in a particular size or variant.
10. To use the Newsletter service, the Client must provide their email address in the designated field on the Store’s website and accept the Terms and Conditions and Privacy Policy.
11. To use the Product Availability Notification service, the Client must click the “Notify me when available” button for an unavailable product, provide their email address in the designated field on the Store’s website, and accept the Terms and Conditions and Privacy Policy.
12. The Newsletter and Product Availability Notification services are voluntary and free of charge.

13. These services are provided for an indefinite period, and the Client may unsubscribe at any time by sending a request to the Seller’s email address: hello@krakowduckstore.pl.

14. The Client’s personal data is processed based on their consent solely for the purpose of sending marketing offers and commercial information by the Data Administrator (Seller).
15. The personal data of Clients is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). The Client has the right to access their data, correct it, delete it, and object to its processing. Detailed information regarding the processing of personal data can be found in the Privacy Policy available on the Store’s website.
16. Detailed information on personal data protection is included in the Privacy Policy available on the Store’s website.
17. To ensure the security of personal data and communication related to the use of the Store, the Seller applies appropriate technical and organizational measures to prevent unauthorized access to or modification of data by third parties.
18. The Seller takes all necessary steps to ensure the correct functioning of the Online Store. In the event of any technical issues or interruptions in the Store’s operation, the Client should inform the Seller about the irregularities.

19. Complaints regarding the provision of electronic services or the operation of the Store can be submitted electronically to the following email address: hello@krakowduckstore.pl. The complaint should include the Client’s full name and a description of the type and date of the technical issue or other irregularity related to the Store. The Seller undertakes to address the complaint within 30 days of receiving it.

§ 10. FINAL PROVISIONS

1. The images of products presented in the Store may slightly differ from their actual appearance, particularly regarding color reproduction, which may vary depending on the type of monitor used by the Client.
2. The Store reserves the right to amend these Terms and Conditions for significant reasons, including but not limited to:
   a) the need to adapt the Terms and Conditions to changes in laws that directly affect its content;
   b) compliance with recommendations, orders, rulings, resolutions, interpretations, or decisions of public authorities;
   c) the expansion or modification of the Store’s functionalities, including the introduction of new electronic services or modifications to existing features;
   d) clarification of ambiguities, errors, or typographical mistakes;
   e) changes to contact details, names, identification numbers, email addresses, or links included in the Terms and Conditions;
   f) prevention of misuse;
   g) force majeure events;
   h) other situations aimed at improving the Store’s operation and the quality of services provided.
3. All amendments to the Terms and Conditions will be published on the Store’s website and will take effect on the date of their publication.
4. By using the Store after changes to the Terms and Conditions are introduced, the Client accepts the changes. Registered Clients will be informed of changes to the Terms and Conditions via email.
5. The Store informs that using electronic services may involve risks on the part of Internet users. To minimize potential risks, the Client should use appropriate technical measures (e.g., antivirus software).
6. These Terms and Conditions are governed by the laws of the Republic of Poland. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular, the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services. Agreements concluded by the Store and services provided are executed in Polish and under Polish law.
7. Any disputes arising between the Client who is not a Consumer or an Entrepreneur with Consumer rights and the Store shall be resolved by a court with jurisdiction over the Seller’s registered office.
8. For statistical purposes and to ensure the highest quality of services, the Store uses cookies stored on the Client’s end device. Detailed information on cookies can be found in the Privacy Policy available at https://krakowduckstore.pl/polityka-prywatnosci/.
9. The products available in the Store are works protected by copyright law under the Act of February 4, 1994, on Copyright and Related Rights, and are legally protected as the Seller’s intellectual property.
10. By accepting these Terms and Conditions, the Client acknowledges that all copyrights and trademarks associated with the Store belong to the Seller (or have been made available to them under appropriate licenses) and are legally protected.
11. These Terms and Conditions are addressed to Consumers, Entrepreneurs, and Entrepreneurs with Consumer rights, unless specific provisions indicate otherwise and are directed exclusively to one of these groups.
12. The Seller is not liable for failure to fulfill obligations resulting from the sales agreement due to force majeure, such as natural disasters, wars, strikes, pandemics, or other extraordinary circumstances preventing the fulfillment of the order.
13. The Seller is not liable for indirect damages or lost profits directly or indirectly resulting from the use or inability to use the Store.
14. These Terms and Conditions are effective as of November 14, 2024.If any provision of these Terms and Conditions is amended or invalidated by a competent authority or court, the remaining provisions remain in force and binding on the parties to the agreement.
15. The Seller reserves the right to amend these Terms and Conditions. Agreements concluded before the effective date of the new Terms and Conditions will be executed under the regulations in force on the date the agreement was concluded.

16. The governing law for resolving any disputes arising from these Terms and Conditions is Polish law. Such disputes will be resolved by a court with jurisdiction over the Seller’s registered office.

17. A Client who is a Consumer may use out-of-court methods for handling complaints and pursuing claims. Detailed information on this matter can be found on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl. These proceedings are voluntary and require the agreement of both parties.
18. In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council, we inform you that an Online Dispute Resolution (ODR) platform is available at http://ec.europa.eu/consumers/odr, enabling consumers and entrepreneurs to resolve disputes arising from online sales or service agreements out of court.