This Regulation defines the rules for using the Online Store and constitutes the regulation referred to in Article 8 of the Act on the provision of electronic services. It also fulfills the statutory information obligations of the entrepreneur towards the customer who is a consumer, as required by the Consumer Rights Act.
This Regulation specifies in particular:
Agreements through the Online Store can be concluded by natural persons with full legal capacity, legal entities, and organizational units without legal personality to whom the law grants legal capacity. Information about Goods provided on the website www.clochee.com, in particular their descriptions, technical and functional parameters, and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
The price information on the website www.clochee.com is binding upon the Customer from the moment of receiving an email containing the final confirmation of all essential elements of the Order.
Browsing the Online Store and placing orders for Goods may occur after prior registration of an individual Customer account or without registration. The agreement for the provision of electronic services is concluded between the Customer and the Company for an indefinite period by entering the Customer onto the Online Store's website. This agreement is terminated each time by the Customer ending the browsing of the Online Store's website.
Each login to the Online Store's website, as well as each order for Goods on the Online Store's website, is equivalent to the acceptance of the conditions contained in the document or documents (in the form of the Regulations, Privacy Policy, Price List, and others) describing the rules for providing electronic services, including services for the sale by the Online Store. The current content of these documents is publicly available on the Online Store's website.
To register in the Online Store, it is necessary to fill out the registration form, providing the name and surname or, in the case of a legal person or an organizational unit without legal personality, to which the law grants legal capacity - the company, email address, and password, accept these Regulations, and give consent to the processing of personal data in the scope necessary for order fulfillment. Upon registration in the Store (i.e., creating an Account), an agreement for the provision of electronic services is concluded between the Company and the Customer regarding the creation of an Account. This agreement is concluded for an indefinite period.
Registration in the Online Store and using its functionality are free of charge.
After registering in the Online Store, each subsequent login is done using the data provided in the registration form.
The Customer undertakes to keep confidential the unique login and password assigned during registration and not to provide them to third parties. If there is a suspicion that a third party may have acquired knowledge of the login and password, the Customer is obliged to change the password and notify the Online Store immediately.
All Goods ordered after logging in by the Customer with a unique login and password are considered ordered by the Customer.
The Customer cannot evade any responsibility towards the Online Store (including payment) in the event that the order is placed using the unique login and password assigned to the Customer.
To unregister from the Online Store, it is necessary to send an email requesting deregistration to the email address: biuro@clochee.com.
It is prohibited for Customers of the Store to post or provide content of an unlawful nature or violating good manners.
The Company may deprive the Customer of the right to use the Online Store, as well as limit their access to part or all of the resources of the Online Store, with immediate effect, in the event of a breach of the Regulations by the Customer, in particular when the Customer acts within the Online Store in a manner violating universally applicable laws, the rights and personal rights of third parties, the principles of social coexistence, or the provisions of these Regulations, and also when the Customer has not collected the ordered Goods at least twice.
A person who has been deprived of the right to use the Online Store cannot re-register without the prior consent of the Company.
To use the Store, the Customer must meet the following technical requirements necessary to cooperate with the teleinformatics system of the online store:
The delivery of products is limited to the territory of the countries of the European Union and the European Economic Area and is made to the address specified by the customer when placing the order.
The delivery of products ordered on the www.clochee.com online store is carried out through:
The prices of products are stated in Polish zlotys or euros and include all components, including VAT (with the specified rate) and any other applicable elements.
Every customer, qualifying as a consumer according to Article 221 of the Civil Code and using the Online Store, is entitled – based on the Consumer Rights Act – to withdraw from the concluded sales agreement for the product without stating a reason, within the specified period below. The declaration of withdrawal should be sent to the following address:
In writing – by mail: Clochee Sp. z o.o, al. Wojska Polskiego 14/U1, 70-471 Szczecin Electronically – sklep@clochee.com, with the order number highlighted in the email's subject and the word "withdrawal from the agreement."
The Company, as the seller, is obligated to deliver the Goods to the Customer without defects.
Complaints arising from the violation of the Customer's rights, as well as those related to the functioning of the Online Store, including the provision of electronic services, should be directed to the address: Clochee Limited Liability Company, ul. Aleja Wojska Polskiego 14/U1, 70-441 Szczecin. The Company undertakes to consider each complaint within a period of up to 14 days.
Customers who are consumers can use out-of-court dispute resolution methods regarding the consideration of complaints and the enforcement of claims through:
The provisions of this Regulation do not constitute the Company's consent to the consideration of disputes regarding complaints based on the procedures specified in § 8 para. 3 of this Regulation. The Company will decide on whether to consent to the consideration of each individual case based on the procedures specified in § 8 para. 3 of this Regulation with its participation.
The Company does not provide a warranty for the sold Goods and does not offer after-sales services.
The basis and scope of the Company's liability towards Customers for the sold Goods are determined by the provisions of the law, namely: a. In the case of Goods purchased by a consumer or a business entity on consumer terms before January 1, 2023, and by other Customers, the principles of the Company's liability in the event of a defect in the Goods are specified in the Civil Code, especially in art. 556 and subsequent articles of the Civil Code (complaints about the Goods based on warranty). b. In the case of Goods purchased by a consumer or a business entity on consumer terms from January 1, 2023, the principles of the Company's liability in the event of non-compliance of the Goods with the Sales Agreement are specified in the Consumer Rights Act, especially in art. 43a of the Consumer Rights Act and subsequent articles (complaints about the Goods based on non-compliance with the agreement).
§ 8a. Warranty Complaint – Applies to Goods Purchased by a Consumer or Entrepreneur on Consumer Terms Before January 1, 2023, and by Other Customers
The Company, as the seller, is responsible towards the Customer if the sold item has a defect (warranty).
A defect consists of the sold Goods not conforming to the contract. In particular, the Goods are considered non-conforming if: a. They lack properties that the Goods of this kind should have due to the purpose specified in the contract or arising from circumstances or destination; b. They lack properties that the seller assured the buyer of, including by presenting a sample or model; c. They are not suitable for the purpose of which the buyer informed the seller when concluding the contract, and the seller did not raise objections to such use; d. They were delivered to the buyer in an incomplete condition.
The Company, as the seller, is responsible towards the Customer if the sold Goods are owned by a third party or if they are encumbered with a third party's right, and also if the restriction on the use or disposal of the item results from a decision or ruling of the competent authority; in the case of the sale of rights, the company as the seller is also responsible for the existence of the right (legal defect).
The Company, as the seller, is liable for warranty defects that existed at the time of the risk passing to the Customer or arose from a cause inherent in the sold Goods at the same time. If the sold Goods have a defect, the Customer can submit a statement about a price reduction or withdrawal from the contract, unless the Company immediately and without undue inconvenience to the Customer replaces the defective Goods with non-defective ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Company, or the Company has not fulfilled its obligation to replace the Goods with non-defective ones or to remove the defect. The reduced price remains in proportion to the price resulting from the Sales Agreement, in which the value of the Goods not in conformity with the Sales Agreement remains to the value of the Goods in conformity with the Sales Agreement. The Customer cannot withdraw from the contract if the defect is immaterial. The Customer exercising warranty rights is obliged, at the Company's expense, to deliver the Goods to the address: Clochee Limited Liability Company, ul. Aleja Wojska Polskiego 14/U1, 70-441 Szczecin.
If the sold Goods have a defect, the Customer may demand the replacement of the defective item with a defect-free one or the removal of the defect. The Company will replace the defective item with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Customer. The cost of replacement or repair is borne by the Company. The Company may refuse to satisfy the Customer's request if bringing the defective item into conformity with the contract in the manner chosen by the Customer is impossible, or compared to the other possible way of bringing the defective item into conformity with the contract, would require excessive costs.
If the Customer is a business entity, the seller may also refuse to replace the item with a defect-free one or to remove the defect if the costs of meeting this obligation exceed the price of the item sold.
If the Customer is a consumer or a business entity on consumer terms, public assurances made by the manufacturer or its representative, a person who introduces the item into circulation in the course of their business, and a person who, by placing their name, trademark, or other distinguishing mark on the sold item, presents themselves as the manufacturer, are treated equally with the assurances provided by the Company. If the Customer is a consumer or a business entity on consumer terms, and the defect was found before the expiration of one year from the date of issuing the sold Goods, it is presumed that the defect or its cause existed at the time of the risk passing to the Customer.
§ 8b. Complaint Based on Non-Conformity with the Contract – Applies to Goods Purchased by a Consumer or Entrepreneur on Consumer Terms From January 1, 2023
In the event of non-conformity of the Goods with the Sales Agreement, a consumer or an entrepreneur on consumer terms may demand its repair or replacement. The Company may: a. Replace the item when the consumer or entrepreneur on consumer terms requests repair, or b. Repair the item when the consumer or entrepreneur on consumer terms requests replacement, if bringing the Goods into conformity with the Sales Agreement in the manner chosen by the consumer or entrepreneur on consumer terms is impossible or would require excessive costs for the Company. If repair and replacement are impossible or would require excessive costs for the Company, it may refuse to bring the item into conformity with the agreement.
When assessing the excessive costs for the Company, all circumstances of the case are taken into account, in particular the significance of the non-conformity of the Goods with the Sales Agreement, the value of the Goods in conformity with the Sales Agreement, and the excessive inconvenience to the consumer or entrepreneur on consumer terms resulting from changing the method of bringing the Goods into conformity with the agreement.
The Company carries out repairs or replacements within a reasonable time from the moment when the Company was informed by the consumer or entrepreneur on consumer terms about the non-conformity with the agreement, and without undue inconvenience to the consumer or entrepreneur on consumer terms, taking into account the specificity of the Goods and the purpose for which they were acquired. The costs of repair or replacement, including, in particular, the costs of postage, transport, labor, and materials, are borne by the Company.
The consumer or entrepreneur on consumer terms makes the Goods subject to repair or replacement available to the Company. The Company receives the Goods at its own expense.
If the Goods are not in conformity with the agreement, the consumer or entrepreneur on consumer terms may submit a statement about a price reduction or withdrawal from the Sales Agreement when: a. The Company refused to bring the Goods into conformity with the Sales Agreement in accordance with the above paragraph; b. The Company did not bring the Goods into conformity with the Sales Agreement in accordance with paragraphs 3-4 above; c. The non-conformity of the Goods with the Sales Agreement still exists, even though the Company attempted to bring the Goods into conformity with the agreement; d. The non-conformity of the Goods with the Sales Agreement is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protective measures specified in the above paragraph; e. From the Company's statement or circumstances, it is clearly evident that it will not bring the Goods into conformity with the agreement within a reasonable time or without excessive inconvenience to the Customer.
The reduced price remains in proportion to the price resulting from the Sales Agreement, in which the value of the Goods not in conformity with the Sales Agreement remains to the value of the Goods in conformity with the Sales Agreement.
The Company reimburses the consumer or entrepreneur on consumer terms the amounts due as a result of using the right to a price reduction immediately, no later than 14 days from the date of receiving the statement about the price reduction.
The consumer or entrepreneur on consumer terms cannot withdraw from the contract if the non-conformity of the Goods with the Sales Agreement is insignificant. It is presumed that the non-conformity of the Goods with the Sales Agreement is significant.
If the non-conformity with the Sales Agreement concerns only some of the Goods delivered under the contract, the consumer or entrepreneur on consumer terms may withdraw from the contract only with respect to those Goods, as well as with respect to other Goods acquired together with Goods not in conformity with the agreement if it cannot reasonably be expected that the consumer or entrepreneur on consumer terms would agree to keep only the Goods in conformity with the Sales Agreement.
In the event of withdrawal from the contract, the consumer or entrepreneur on consumer terms immediately returns the Goods to the Company at its expense. The Company reimburses the consumer or entrepreneur on consumer terms the price immediately, no later than 14 days from the date of receiving the Goods or proof of their return.
The Company makes the refund using the same payment method that the consumer or entrepreneur on consumer terms used unless they expressly agreed to a different method of refund that does not entail any costs for them.
The Company is not responsible for the non-conformity of the Goods with the Sales Agreement if the Customer, no later than at the time of concluding the Sales Agreement, was clearly informed that the purchased Goods are of lower value (e.g., a product with damage, without packaging, etc.) and accepted the lack of a specific feature of the Goods.
The Company is liable for the non-conformity of the Goods with the Sales Agreement existing at the time of its delivery and revealed within two years from that moment, unless the expiry date of the Goods, determined by the Company, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that the non-conformity of the Goods with the Sales Agreement, which revealed itself before the expiration
The customer may consent to receiving commercial information, including electronic commercial information or to the provided mobile phone number, by selecting the appropriate option in the registration form or at a later date in the appropriate place on the website www.clochee.com. In the event of such consent, the customer will receive the Newsletter and other commercial information sent by the Company on its behalf or on behalf of third parties to the email address and mobile phone number provided by the customer.
The customer may unsubscribe from receiving the Newsletter and other commercial information at any time by checking the appropriate box on the Online Store's website.
It is valid from 01.01.2023.