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INTERNET STORE REGULATIONS
FRESH BLACK

GENERAL PROVISIONS

1. The FRESH BLACK online store, operating at the address: freshblack.shop, is run by FRESH BLACK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, registered office at: WARSZAWA, ŁUCKA 15, operating under tax identification number (NIP): 5273055439, KRS: 0001034841.

2. These Regulations of the Internet Store define the rules for making purchases in the FRESH BLACK online store, in particular the rules and procedure for concluding distance sales contracts through the Store, as well as the procedure for complaint handling and the procedure for withdrawal from the contract by the Consumer.

3. With regard to Services provided electronically, these Regulations constitute the regulations referred to in Article 9 of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2020, item 344, as amended).

4. The Regulations of the Store are addressed to all Customers of the Store. All Customers are obliged to familiarize themselves with the provisions of the Regulations before making a purchase.

5. Each Customer is obliged to comply with the provisions of the Regulations. Sales are made based on the version of the Regulations in force at the time of placing the order.

6. Each Customer has the opportunity to familiarize themselves with the Regulations at any time by clicking on the "Store Regulations" hyperlink on the freshblack.shop website. The Regulations can be downloaded and printed at any time.

7. All information contained on the freshblack.shop website regarding products (including prices) is for informational purposes only and does not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (Journal of Laws of 2019, item 1145, as amended). They are an invitation to enter into a contract, in accordance with Article 71 of the Civil Code of April 23, 1964 (Journal of Laws of 2020, item 1740, as amended). By submitting the Order Form, the Customer makes an offer to purchase the indicated Goods at the price and under the conditions specified in the description.

DEFINITIONS

Regulations - this set of regulations organizing the rules for using the Store's Services by Customers.

Consumer - a natural person entering into a civil law contract through the Store, not directly related to their economic or professional activity.

Consumer- the following persons are considered Consumers:

a. a natural person entering into a civil law contract through the Store, not directly related to their economic or professional activity - the so-called "Consumer sensu stricto"
and b. a natural person entering into a civil law contract through the Store, directly related to their economic activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of the economic activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity - the so-called "Entrepreneur on Consumer Terms".

For the purposes of these Regulations, it is assumed that in the absence of a distinction between the two groups of entities mentioned, the Regulations apply to both Consumers sensu stricto and Entrepreneurs on Consumer Terms.

Customer - a natural person (including a Consumer) who is at least 13 years old (provided that they have obtained consent from their legal representative), a legal person, and an organizational unit not being a legal person, to which special provisions grant legal capacity, who uses the Services provided by the Store.

Order Form - a Service available on the Store's website, through which the Customer can make a purchase, in particular by adding Goods to the Cart and specifying certain conditions of the Sales Agreement, including the method of delivery and payment.

Cart - an element of the Store where the Goods selected by the Customer are visible and where the Customer can determine and modify the Order details, including the quantity of purchased Products.

Store - an internet service belonging to the Seller, available under the domain: migacoffee.pl, through which the Customer can purchase Goods from the Seller.

Seller - FRESH BLACK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, registered office at: WARSZAWA, ŁUCKA 15, operating under tax identification number (NIP): 5273055439, KRS: 0001034841. Сonducting business or professional activity offering sales through its website.

Goods - movable property, the subject of trade between the Store and the Customer, the terms of sale of which are determined by the Order Form.

Sales Agreement - a distance sales agreement for Goods concluded by the Customer through the Store, usually through the Order Form.

ORDER ACCEPTANCE AND FULFILLMENT

1. The condition for using the Store is to familiarize oneself with this Regulation and accept its terms.
2. By placing an order, the Customer accepts the content of the Regulation.
3. Orders from Customers are accepted via the submitted Order Form, made through the website: freshblack.shop, 7 days a week, 24 hours a day.
4. Orders for Goods are fulfilled by selecting the Goods the Customer is interested in, clicking the "ADD TO CART" button next to the description of the Goods, and then, from the "CART" section located in the Store's tab, filling out the Order Form, including choosing the delivery and payment method or choosing the payment upon receipt option if available for the selected Goods, and then clicking to confirm the purchase.
5. Entrepreneurs, recognized as so-called Entrepreneurs with Consumer Rights (see: definition of "Consumer" in this Regulation) will have to indicate, at the time of placing orders for Goods, that the purchase is not of a professional nature for them.
6. After placing an order, the Customer receives confirmation of the placed order to their email address provided in the Order Form.
7. Upon receiving confirmation of the acceptance of the offer by the Customer, the process of order fulfillment by the Seller begins, whereby:
in the case of placing an order paid by traditional bank transfer - it begins after the payment for the placed order is credited to the bank account of the Store.
8. Orders placed in the Store are processed during the Store's working hours (on business days, from Monday to Friday, from 10:00 to 16:00.
9. Orders placed on business days after 16:00, on Saturdays, Sundays, or public holidays, will be processed on the next business day.
10. The Customer will receive a message confirming the acceptance of the order for processing, which is understood as the Seller's statement of acceptance of the offer. Upon receiving it, the Sales Agreement is concluded.
11. A VAT receipt is issued for each order. Upon request, an VAT invoice will also be sent to the Customer.
12. Available means of communication for the Customer with the Store are:
13. Email - freshblack.shop
14. Phone - +48573009030
15. Mailing address - WARSZAWA, 00-842, ŁUCKA 15, apt. 204
16. The price provided in the order constitutes the total amount that the Customer is obligated to pay (gross price). It includes the applicable tax. The cost of delivery is not included in the price because it depends on the delivery method chosen by the Customer.
17. The Seller reserves the right to change prices in the Store, introduce new Goods for sale, carry out or cancel promotional campaigns, or make changes to them in accordance with the applicable law.
18. If the Consumer is required to pay an amount exceeding the agreed price described in the preceding paragraph, the Store will immediately inform the Consumer of this fact, explaining the reason for the price difference.
19. The Consumer will only be charged additional costs after obtaining clear consent from the Consumer.

DELIVERY AND TRANSPORT COSTS

The fulfillment of orders in the Store is carried out through:

• DHL parcel locker
• DHL courier

1. Orders placed in the Store are processed only on business days.
2. Orders placed on Saturdays, Sundays, and holidays will be processed on the nearest business day.
3. The waiting time for delivery is usually: 3 business days. The waiting time consists of the order processing time, which includes the assembly of Goods for the order, and the estimated delivery time, which is 24 hours for Poland.
4. The Seller is not responsible for delays caused by the carrier's fault.
5. During the receipt of a shipment delivered by a courier, the Customer should carefully check the contents and completeness of the shipment, the condition of the outer packaging, and the condition of the ordered Goods in the presence of the courier.
6. In case of damage to the shipment, the Customer should prepare a damage report with the courier, in two identical copies signed by the Customer and the courier.

PAYMENT EXECUTION

7. Within the functioning of the Store, the following payment methods are possible:
8. online payments via Stripe operator.
9. online payments via PayPal operator.

COMPLAINTS

The Seller is liable under warranty for the physical and legal defects of the Goods, to the extent specified in Article 556 and subsequent of the Civil Code Act of April 23, 1964 (consolidated text: Journal of Laws of 2019, item 1145, as amended).
A physical defect of the Goods occurs when the sold Goods do not conform to the contract, which happens when:

• the Goods do not have properties that they should have due to the purpose of the contract, resulting from circumstances or destination;
• the Goods do not have properties that the Seller assured the Customer of;
• the Goods are not suitable for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise objections regarding such destination;
• the Goods were issued to the Customer in an incomplete state.

A legal defect of the Goods occurs when the Goods are the property of a third party or are encumbered with a third party's right, when the restriction on use or disposal arises from the decision or judgment of the competent authority.

In the case of a Consumer, public assurances made by the manufacturer or the entity introducing the Goods to the market within their business activity, or presenting themselves as the manufacturer, are treated equally to the Seller's assurances. However, the Seller is not liable if they were not aware of these assurances, could not have been aware of them, or if these assurances could not have influenced the Consumer's decision to enter into a sales contract, and also if the content of these assurances was corrected before the conclusion of the sales contract.

The Seller is liable under warranty if a physical defect is found before the expiration of two years from the date of issuing the item to the Customer.

In the case of a Consumer, when a physical defect is found within one year from the date of issuing the Goods, it is presumed that the defect or its cause existed at the time of issuing the Goods.

If the buyer is a Consumer, and a physical defect is found within one year from the date of issuing the sold item, it is presumed that the defect or its cause existed at the time when the risk passed to the buyer.

If the Goods have a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller promptly replaces the defective Goods with those free from defects or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller has not fulfilled the obligation to replace the Goods with those free from defects or remove the defect.

If the Goods have a defect, the Customer may also demand replacement of the item free from defects or removal of the defect.

Instead of the Seller's proposed defect removal, the Consumer may demand replacement of the Goods free from defects, or instead of replacing the Goods, demand removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller.

The Customer cannot withdraw from the contract if the defect is insignificant.
Complaints regarding the Goods may be submitted:

• in writing, to the Seller's registered address;
• by email, to the email address provided in the Order confirmation.

The complaint should include:

• the data of the person submitting the complaint (name, address, optionally - email address and contact phone number);
• indication of the reason for the complaint and the content of the request;
• the Order number, as indicated in the Order confirmation;
• the original or a copy of the purchase receipt (e.g., receipt or invoice) may facilitate the submission of the complaint but is not necessary to submit it.

The Customer, exercising the rights arising from the warranty, shall deliver the defective Goods, at the Seller's expense, to the address: WARSZAWA, 00-842, ŁUCKA 15, apt. 204.

The Seller undertakes to respond to the complaint within fourteen (14) days from the date of its receipt.
If the complaint is justified, the Seller undertakes to replace the defective Goods with those free from defects or remove the defect within fourteen (14) days from the date of the complaint being submitted by the Customer.

In the event of effective withdrawal from the contract, the Seller undertakes to refund the payment within fourteen (14) days from the date of receiving the withdrawal from the contract, provided that the payment will not be refunded until the Goods are returned or until the Customer provides proof of their return.
If the Consumer has requested the replacement of the item or the removal of the defect, or has submitted a declaration of price reduction, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within fourteen (14) days, it is considered that the request has been recognized as justified.
The claim for defect removal or replacement of the Goods with those free from defects expires after one (1) year from the date of detecting the defect. In the case of a Consumer, the limitation period cannot expire before two (2) years have elapsed.
The above provisions do not exclude the possibility for the Seller to provide a warranty for the purchased Goods, as provided for in a separate warranty policy.

RIGHT OF WITHDRAWAL

In accordance with the Consumer Rights Act of May 30, 2014 (consolidated text: Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the sales contract of Goods purchased in the Store without giving any reason by submitting a relevant written statement within fourteen (14) days from the date of delivery of the Goods (i.e., from the date of receipt of the Goods by the Consumer). To meet this deadline, it is sufficient for the Consumer to send the statement before its expiration.

The Consumer may withdraw from the contract by submitting a statement of withdrawal to the Seller. The withdrawal form is attached as Annex No. 1 to this regulation.

The statement of withdrawal from the contract should be sent to the address: Katowicka 4, 47-400 Racibórz.

The Consumer shall return the Goods to the Seller within fourteen (14) days from the date of withdrawal from the contract. To meet the deadline, it is enough to return the Goods before its expiration.

The returned Goods should be sent to the Seller's address: WARSZAWA, 00-842, ŁUCKA 15, apt. 204.

The Seller shall refund to the Consumer all payments made by them, including the cost of delivery of the Goods, within fourteen (14) days from the date of receipt of the statement of withdrawal from the contract, provided that the refund will not be made until the Goods are returned or until the Consumer provides proof of their return.

The Seller shall make the refund using the same payment method as the Consumer used.

The Consumer bears the costs of returning the Goods to the Seller.

The right of withdrawal from the Sales Agreement does not apply to the Consumer in relation to the following contracts:
The right of withdrawal from a distance contract does not apply to entities other than the Consumer, as defined in this Regulation (see: definition of "Consumer").

OUT-OF-COURT DISPUTE RESOLUTION

In the event that the complaint procedure does not yield the desired result for the Consumer, the Consumer may avail themselves of, among others:

Mediation conducted by the relevant territorially competent Provincial Inspectorate of Trade Inspection, to which one should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.

Assistance from the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which one should submit a request for the case to be considered by the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.

Free assistance from the municipal or district consumer ombudsman.

The online ODR platform available at: http://ec.europa.eu/consumers/odr/.

This chapter entitled "Out-of-Court Dispute Resolution" does not apply to a certain category of individuals described in this Regulation as Consumers, namely "Entrepreneurs with consumer rights," which came into effect for contracts concluded from January 1, 2021. Therefore, for all contracts, this chapter applies only to entities belonging to the category of Consumers sensu stricto.

DATA PROTECTION

By placing orders, the Customer consents to the processing of their personal data provided by them for the purpose of order fulfillment and service by the Seller, who is also the data controller, within the meaning of Article 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88.

The Seller is the data controller for the personal data provided by the Customer when using the Store.

Personal data stored in the Seller's database is not transferred to entities that are not involved in the execution of the sales contract.

In accordance with Article 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88, the Customer has the right to request their correction or deletion. The Seller ensures every Customer the right to control the processing of their personal data.

Providing personal data is voluntary, however, failure to consent to the processing of personal data prevents the fulfillment of the Customer's order.

Detailed information on personal data and privacy protection is provided in the "Privacy Policy" section on the Store's website.

FINAL PROVISIONS

The regulations define the rules for concluding and executing sales agreements for products available on the Store's website.
The sales agreement is concluded between the Customer and the Seller.
The regulations are available to all Customers in electronic form on the Store's website at freshblack.shop.
To be able to use the Store's Services, it is necessary to have devices allowing access to the internet and a web browser that enables the display of websites, as well as to provide an email address allowing the sending of information regarding order fulfillment.
It is prohibited for all individuals, including Customers, to post unlawful content on the Store's website.
In matters not regulated by these regulations, the relevant provisions of the universally applicable law shall apply.
The regulations do not exclude or limit any rights of the Customer who is a Consumer, which are granted to them under the absolutely binding provisions of law. In the event of a conflict between the provisions of the regulations and the absolutely binding provisions of law granting rights to consumers, priority shall be given to those provisions.
If any provision of these regulations is or becomes invalid or ineffective, the validity of the entire regulations in the remaining part shall remain unaffected. In such a case, the Parties shall replace the invalid or ineffective provision with another one that most closely reflects the intended economic purpose. This also applies accordingly to any gaps in the regulations.

Attachment 1: Withdrawal Form by the Consumer stricto sensu and the Entrepreneur with Consumer Rights from the concluded agreement

City: ____________, Date: ____________

Consumer/Entrepreneur with Consumer Rights:

Name and surname: ________________

Address: ________________

Email: ________________

Phone: ________________

Entrepreneur:

Name: FRESH BLACK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ 

Address: WARSZAWA, 00-842, ŁUCKA 15, apt. 204.

WITHDRAWAL FORM BY THE CONSUMER OR ENTREPRENEUR WITH CONSUMER RIGHTS FROM THE CONTRACT FOR THE PROVISION OF SERVICES

Hereby, acting on the basis of Article 27 of the Consumer Rights Act of May 30, 2014 (consolidated text: Journal of Laws of 2020, item 287, as amended), in the wording:

Article 27 of the Consumer Rights Act

The consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34 (2), and Article 35.

I hereby inform you about the withdrawal from the contract concluded on [date], concerning:
________________________________________________________________

Therefore, I kindly request the refund of the following monetary amount resulting from the withdrawal from the contract: ________________[amount in złoty] (in words: ________________[amount in words]), which should be transferred to the following bank account number: ________________[bank account number].

Yours sincerely,
________________

(handwritten signature of the Consumer/Entrepreneur with consumer rights)