TERMS AND CONDITIONS

§1 General Provisions

This regulation defines the rules for making purchases in the Couple Away online store – www.coupleaway.com, operated by Justyna Małota-Ślęczka conducting business under the name Couple Away Justyna Małota-Ślęczka, located at Jasińskiego 34/3B, 30-815 Kraków, NIP: 6793068992, REGON: 386485930, registered in the CEIDG register. The terms used in the regulation mean:

  • Client – a natural person (having full legal capacity) or a legal entity that has made or intends to make a purchase in the Couple Away online store. The client can be both a consumer and a entrepreneur.
  • Consumer – according to the Civil Code of April 23, 1964 – a client who, as a natural person, performs, through the Store, a legal act not directly related to his business or professional activity. Consumers, within the meaning of this Regulation, also include entrepreneurs conducting a sole proprietorship, entering into agreements not of a professional nature resulting from the subject of their business activity.
  • Seller – Paweł Ślęczka conducting business under the name Couple Away Justyna Małota-Ślęczka, located at Jasińskiego 34/3B, 30-815 Kraków, NIP: 6793068992, REGON: 386485930;
  • Store – an online store maintained by the Seller at the domain www.coupleaway.com;
  • Regulation – this document along with all attachments.

The Store offers digital and physical products for sale through the internet. These products are available through the Store in the form of ready-made items for download in electronic form or physical products produced on order. Detailed information about the products can be found on the website www.coupleaway.com and is also provided via email at the Seller’s email address.

Clients can contact the Seller by mail at the address specified in point 2b and by email at info@coupleaway.com. Orders in the Store can be placed 24/7. Responses to customer email messages and phone contact with the Seller are possible from Monday to Friday, from 9 am to 7 pm.

§2 Terms of Service Use

To place an order through the Store, the Client must meet the following technical requirements:

  • Have a computer, laptop, or other device with internet access.
  • Have access to email.
  • Use a web browser (in the latest available version).
  • Use a minimum screen resolution of 1024×768.
  • Enable the browser’s ability to save cookies.

The online store provides an electronic service in the form of an order form, newsletter subscription, and customer account. The Store does not charge any fees for providing these services. To use the order form, the client selects the product of interest, then clicks the “Add to Cart” button. After adding the product to the Cart, the Client can proceed to place the order or continue shopping.

The conclusion of the customer account service agreement occurs upon the complete and correct registration in the Store. Services specified in points 3 and 4 are provided for an indefinite period. The customer can withdraw from the service agreement without giving a reason within 14 days of creating an account or using the order form.

The conclusion of the newsletter service agreement is free of charge and occurs upon the complete and correct subscription to the newsletter through the Store. The agreement is concluded for an indefinite period. The client can terminate the service agreement at any time by completing the procedure provided by the Seller after clicking the “Unsubscribe” button.

Detailed information regarding technical requirements related to the use of digital products such as presets can be found on the subpage: https://coupleaway.com/presety-pytania-i-odpowiedzi/

§3 Entering into Agreements

The agreement is concluded between the Seller and the Client. All prices on the Store’s website are gross prices (including VAT) specified in Polish zlotys. Prices do not include shipping costs. The Seller takes due care to ensure that the product photos reflect their color and character. In case of doubt, please contact the Seller.

Orders can be placed via the Store’s website using the Order Form. The Seller does not conduct telephone sales. To make a purchase, the Client selects the products of interest in the Store by clicking the “Add to Cart” button. At the same time, the Client can choose the quantity of products and the method of delivery (if applicable).

After selecting the products and proceeding to the Cart, the Client clicks the “Go to Payment” button, which redirects the Client to the Order Form. In the same tab as the Order Form, the Client is also provided with a summary of the order, indicating, among other things, the quantity of products selected by the Client and their total price including taxes and shipping costs (if applicable).

After selecting products and proceeding to the shopping cart, the customer clicks the “Proceed to payment” button, which redirects them to the Order Form. In the same tab as the Order Form, the customer is provided with a summary of the order, indicating the quantity of selected products and their total price, including taxes and shipping costs (if applicable).

To place an order, the customer must confirm the order by clicking the “Buy and pay” button located below the order summary. Clicking the “Buy and pay” button is equivalent to the customer’s acknowledgment of placing the order, resulting in an obligation to pay.

The sales agreement is concluded when the customer confirms the order, i.e., by clicking the “Buy and pay” button. The payment term is the day on which the payment should be credited to the Seller’s account.

To use the Order Form, the customer must confirm that they have read and accepted the terms of this regulation. After placing an order, the Seller sends a confirmation email, acknowledging receipt and providing details for order fulfillment. This includes specifying the main features of the ordered goods, the order fulfillment deadline, and indicating the total price, including taxes and shipping costs (if applicable). The email also presents the customer’s personal data provided in the order form.

The content of the agreement is recorded, secured, and made available through:

  • Making the regulation available on the store’s website.
  • Recording the contract content in the store’s IT system.
  • Sending the message mentioned above.

The Seller reserves the right to refuse order fulfillment under the sales agreement if the customer’s contact details are not accurate.

§ 4 Payment Terms and Methods

The online store provides the following payment methods for orders:

  • Through an external payment provider Autopay

The customer must make the payment within 2 business days from the purchase date. In the event of a refund for a transaction made by the customer, the Seller will refund using the same payment instrument used by the customer.

“Available forms of payment:

Payment cards:

  • Visa
  • Visa Electron
  • Mastercard
  • MasterCard Electronic
  • Maestro”

§ 5 Delivery Methods and Costs

The customer bears the delivery costs for the ordered products to the destination (if applicable). Products are delivered to the specified address throughout Europe. Delivery fees are provided in the panel and the order confirmation email.

The Seller provides the following physical product delivery methods:

  • Courier delivery.
  • Via Polish Post.
  • Personal pickup.

The order fulfillment time for physical products is up to 5 business days from the payment registration on the Seller’s account. Digital products are sent to the customer’s provided email address within 3 business days from the payment registration.

§ 6 Right of withdrawal from the contract

The provisions in this section grant rights exclusively to the Customer who is a Consumer. The Customer has the right to withdraw from the contract for the provision of services concluded with the Seller within 14 days from the date of concluding the contract, without stating a reason.

The Customer can submit a statement of withdrawal from the contract using the withdrawal form located at the end of the Regulations, either electronically to the address: info@coupleaway.com or by sending the statement by mail to the address: Couple Away Justyna Małota – Ślęczka, ul. Jasińskiego 34/3B, 30-815 Kraków.

Submitting a statement of withdrawal from the contract without using the withdrawal form does not affect the effectiveness of the withdrawal. To make the withdrawal statement effective, it is sufficient to send the statement before the deadline.

The Seller promptly confirms, via email (to the address provided when placing the order), the receipt of the withdrawal statement from the contract. The Consumer should return the purchased products within 14 days from the day of sending the withdrawal statement to the Seller.

In the case of sending a statement of withdrawal from the contract, the contract is considered not concluded. The Consumer bears the direct costs of returning the purchased products. The Consumer is liable for any reduction in the value of the item resulting from using it in a way exceeding necessary characteristics, properties, and functioning, e.g., cleaning costs, part repairs, label removal. To determine the nature, characteristics, and functioning of the goods, the Consumer should handle and inspect the goods only in the same way they could in a stationary store.

The Seller is obliged to refund all payments made by the Consumer without delay, no later than 14 calendar days from the day of receiving the Consumer’s statement of withdrawal from the contract. The Seller refunds the payment using the same payment method that the Consumer used unless the Consumer explicitly agreed to a different method.

The Seller may withhold the refund until the product is returned or until the Consumer provides proof of sending it back. The right of withdrawal from the contract does not apply to contracts:

  • concerning non-prefabricated goods, manufactured according to the Consumer’s specifications or serving to satisfy their individual needs;
  • where the subject of the service is goods that, after delivery, due to their nature, are inseparably connected with other items;
  • concerning audio or visual recordings or computer programs delivered in a sealed package if the packaging has been opened after delivery;
  • for the delivery of digital content not supplied on a tangible medium, if the performance has begun with the Consumer’s explicit consent and acknowledgment that they lose the right to withdraw once the performance has started.

§ 7 Contracts concluded with entrepreneurs not being Consumers

The provisions of this section apply only to contracts concluded with Customers who are entrepreneurs. Placing an order on behalf of a legal person or an organizational unit without legal personality is equivalent to a statement that the person placing the order is authorized to represent the entity on whose behalf the order was placed. Placing an order without the appropriate authorization will result in the person placing the order being liable for any damages resulting from this fact.

The Seller reserves the right to terminate the contract concluded with an entrepreneur within 14 days of its conclusion without stating reasons. All disputes arising from the performance of the contract concluded between the Seller and the Entrepreneur will be settled by the court competent for the Seller’s registered office.

§ 8 Liability for conformity of performance with the contract (Complaint Procedure)

The Seller is obliged to provide services and goods in accordance with the contract. The Seller is obligated to deliver defect-free goods.

The rules regarding the Seller’s liability towards the Consumer under contracts obliging the transfer of ownership of goods to the Consumer are regulated by Chapter 5a of the Act of May 30, 2014, on Consumer Rights. The Seller’s liability under contracts for the supply of digital content or digital services is regulated by Chapter 5b of the Act of May 30, 2014, on Consumer Rights.

In the case of complaints, the Consumer may exercise rights granted by the Act of May 30, 2014, on Consumer Rights, e.g., for non-compliance of the goods with the sales agreement.

The Seller is liable to the Consumer for the lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years from that moment, unless the product’s durability indicated by the Seller is longer. Before the expiration of the above-mentioned period, the Consumer may notify the Seller of the non-compliance by sending a relevant message using one of the communication channels specified in §1 para. 5.

The Seller acknowledges the receipt of the complaint and requests the Consumer to promptly deliver the goods that do not comply with the contract to the Seller to address the complaint.

In the case of not considering the complaint, the goods will be returned with an opinion on the unjustifiability of the complaint.

Digital content or a digital service is in accordance with the contract if, in particular, its:

  • description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and the availability of technical support and updates remain in accordance with the contract;
  • suitability for a particular purpose for which the Consumer needs them, of which the Consumer informed the Seller at the latest at the time of concluding the contract, and which the Seller accepted.

Moreover, digital content or a digital service must:

  • be suitable for purposes for which digital content or a digital service of this type is generally used, taking into account applicable legal regulations, technical standards, or good practices;
  • have such characteristics, including functionality, compatibility, availability, continuity, and security, that are typical for digital content or a digital service of this type and that the Consumer can reasonably expect, considering the nature of digital content or a digital service and the content in advertising or on the label;
  • be delivered with accessories and instructions whose delivery the Consumer can reasonably expect;
  • be consistent with the trial version or announcement provided to the Consumer by the Seller before the conclusion of the contract.

The Seller is liable to the Consumer for the lack of conformity with the contract of digital content or a digital service provided continuously, which occurred or was revealed during the time when, according to the contract, they were to be delivered.

The Seller is liable to the Consumer for the lack of conformity of digital goods or a digital service with the contract existing at the time of delivery and revealed within two years from that moment. Before the expiration of the above-mentioned period, the Consumer may notify the Seller of the defect by sending a relevant message through one of the communication channels specified in §1 para. 5.

The Seller confirms the receipt of the complaint.

If the Seller does not respond to the Consumer’s complaint within 14 calendar days from the date of receiving the complaint, it is assumed that the Seller has accepted the Consumer’s complaint and their demand.

The Consumer is obliged to cooperate with the Seller to a reasonable extent and using the least burdensome technical means for them (including, for example, using email communication, telephone, or sending required screenshots) to determine whether the lack of conformity of digital content or a digital service with the contract results from the characteristics of the Consumer’s digital environment.

A Customer who is not a Consumer may exercise the rights available to them against the Seller under the warranty for defects on the principles specified in art. 556 et seq. of the Civil Code. The Seller is liable to the Customer who is not a Consumer if the

sold product has a physical or legal defect (warranty).

The Seller is liable under the warranty if a physical defect is found before two years have passed from the date of delivering the goods to the Customer who is not a Consumer.

The Customer who is not a Consumer loses the rights under the warranty if they did not examine the item in time and in the manner accepted for items of this type and did not notify the Seller immediately of the defect, and in the case of a defect becoming apparent later – if they did not notify the Seller immediately after its discovery.

§ 9 Out-of-court dispute resolution methods

To resolve a dispute arising from making purchases in the Store, the consumer has the option of seeking assistance from the following institutions by filing a case in a common court:

  • using a permanent consumer arbitration court as referred to in the Act of December 15, 2000, on Trade Inspection, by submitting an application for resolution of a dispute arising from a sales contract;
  • applying to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings to amicably settle the dispute;
  • seeking assistance from the district or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection.

Detailed information on the possibilities for a consumer to use out-of-court dispute resolution methods and the availability of procedures is available at the headquarters and on the websites of institutions such as the Trade Inspection, district (municipal) consumer ombudsmen, social organizations dealing with consumer protection, and the Office of Competition and Consumer Protection.

The online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with comprehensive support for consumers and entrepreneurs seeking extrajudicial resolution of a dispute arising from an online sales agreement or a contract for the provision of services.**

§ 10 Final Provisions

The Seller reserves the right to amend this Regulations due to changes in the applicable law or changes in the manner of concluding and executing contracts. These changes will not affect orders and contracts that have been submitted, executed, or fulfilled.

Matters not regulated by these Regulations are subject to the provisions of generally applicable law, in particular, the Civil Code of April 23, 1964, and the Consumer Rights Act of May 30, 2014.

The Regulations are effective from January 10, 2024.**

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