Terms of service

This translation is provided for convenience. The Polish version of this document is legally binding.

TERMS OF SERVICE OF THE ONLINE STORE

1. These Terms of Service set out the general terms, conditions and manner of sales conducted by OGOMARKO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw, via the online store ogomarko.pl (hereinafter referred to as the "Online Store"), and set out the terms and conditions under which OGOMARKO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw provides free-of-charge services by electronic means.

§ 1 Definitions

1. Business Days - means the days of the week from Monday to Friday, excluding public holidays.

2. Delivery - means the actual act of delivering to the Customer, by the Seller via the Carrier, the Goods specified in the order.

3. Carrier - means the courier company with which the Seller cooperates for the purpose of Delivery of the Goods.

4. Password - means a string of letters, digits or other characters chosen by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.

5. Customer - means an entity for whose benefit services may be provided by electronic means in accordance with these Terms of Service and the provisions of law, or with whom a Sales Agreement may be concluded.

6. Consumer - means a natural person performing with an entrepreneur a legal transaction not directly related to that person's business or professional activity.

7. Customer Account - means a panel individual to each Customer, activated on the Customer's behalf by the Seller after the Customer completes Registration and concludes an agreement for the provision of the Customer Account Maintenance service.

8. Entrepreneur - means a natural person, a legal person or an organizational unit without legal personality upon which the law confers legal capacity, conducting business or professional activity in its own name and performing a legal transaction directly related to its business or professional activity.

9. Entrepreneur with Consumer rights - means a natural person concluding a Sales Agreement directly related to that person's business activity, where it follows from the content of the Sales Agreement that it is not of a professional nature for that Entrepreneur, arising in particular from the subject of the business activity carried out by that person, made available on the basis of the provisions on the Central Registration and Information on Business (CEIDG).

10. Terms of Service - means these terms of service.

11. Registration - means the actual act performed in the manner specified in the Terms of Service, required for the Customer to use all functionalities of the Online Store.

12. Store Website - means the websites at which the Seller operates the Online Store, operating in the domain ogomarko.pl.

13. Seller - means OGOMARKO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (02-591), ul. Stefana Batorego 18 /108, NIP: 7011214240, REGON: 52916924100000, entered in the register of entrepreneurs of the National Court Register (KRS) under number KRS 0001116599; e-mail: INFO@OGOMARKO.PL, being at the same time the owner of the Online Store.

14. Goods - means a product presented by the Seller via the Store Website which may be the subject of a Sales Agreement. Each product presented by the Seller is marked as new, ex-display or used. In the case of used or ex-display Goods, the Seller informs the Customer each time of any visible signs of use.

15. Durability - the ability of the Goods to retain their functions and properties in the course of ordinary use.

16. Durable medium - means a material or tool enabling the Customer or the Seller to store information addressed personally to them, in a way that allows access to the information in the future for a period of time adequate to the purposes the information serves, and that allows the stored information to be reproduced in unchanged form.

17. Sales Agreement - means a distance sales agreement concluded, on the terms set out in the Terms of Service, between the Customer and the Seller.

§ 2 General provisions and use of the Online Store

1. All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its internet domain, the Store Website, as well as to the templates, forms and logos posted on the Store Website (except for logos and photographs presented on the Store Website for the purpose of presenting goods, the copyrights to which belong to third parties), belong to the Seller, and their use may take place only in the manner specified in and compliant with the Terms of Service and with the Seller's consent expressed in writing.

2. The Seller shall use its best efforts to ensure that the Online Store can be used by Internet users with all popular web browsers, operating systems, device types and Internet connection types. The minimum technical requirements enabling use of the Store Website are a web browser in version at least Microsoft Edge 109 or Internet Explorer 11 or Chrome 110 or FireFox 109 or Opera 95 or Safari 11 or newer, with Javascript enabled, accepting "cookies" files, and an Internet connection with a bandwidth of at least 256 kbit/s. The Store Website is optimized for a minimum screen resolution of 1024x768 pixels.

3. The Seller uses a "cookies" mechanism, whereby cookies are saved by the Seller's server on the hard drive of the Customer's end device while the Customer uses the Store Website. The use of "cookies" is aimed at the correct operation of the Store Website on Customers' end devices. This mechanism does not damage the Customer's end device and does not cause configuration changes in Customers' end devices or in the software installed on those devices. Each Customer may disable the "cookies" mechanism in the web browser of their end device. The Seller points out, however, that disabling "cookies" may cause difficulties in using the Store Website or make its use impossible.

4. In order to place an order in the Online Store via the Store Website and in order to use the services provided by electronic means via the Store Website, the Customer must have an active e-mail account.

5. The Customer is prohibited from supplying content of an unlawful nature and from using the Online Store, the Store Website or the free-of-charge services provided by the Seller in a manner contrary to the law, to good practice, or infringing the personal rights of third parties.

6. The Seller declares that the public nature of the Internet and the use of services provided by electronic means may involve a risk of Customers' data being obtained and modified by unauthorized persons; therefore, Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus software and software protecting the identity of Internet users. The Seller never asks the Customer to provide the Password in any form.

7. It is not permitted to use the resources and functions of the Online Store for the purpose of the Customer conducting activity that would infringe the Seller's interest, i.e. advertising activity for another entrepreneur or product; activity consisting in posting content unrelated to the Seller's activity; activity consisting in posting untrue or misleading content.

§ 3 Registration

1. In order to create a Customer Account, the Customer is required to complete free-of-charge Registration.

2. Registration is not necessary to place an order in the Online Store.

3. In order to Register, the Customer should complete the registration form made available by the Seller on the Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.

4. While completing the registration form, the Customer has the opportunity to read the Terms of Service and to accept their content by ticking the appropriate box in the form.

5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by ticking the appropriate box in the registration form. In such a case, the Seller expressly informs the Customer of the purpose of collecting the Customer's personal data, as well as of the recipients of such data known to or anticipated by the Seller.

6. The Customer's consent to the processing of their personal data for marketing purposes is not a condition for concluding with the Seller an agreement for the provision of the Customer Account Maintenance service by electronic means. The consent may be withdrawn at any time by the Customer submitting an appropriate statement to the Seller. The statement may, for example, be sent to the Seller's address by e-mail.

7. After sending the completed registration form, the Customer immediately receives, by e-mail to the e-mail address provided in the registration form, confirmation of Registration by the Seller. At that moment, an agreement for the provision of the Customer Account Maintenance service by electronic means is concluded, and the Customer gains access to the Customer Account and the ability to change the data provided during Registration.

§ 4 Orders

1. The information contained on the Store Website does not constitute an offer by the Seller within the meaning of the Civil Code, but merely an invitation to Customers to submit offers to conclude a Sales Agreement.

2. The Customer may place orders in the Online Store via the Store Website 7 days a week, 24 hours a day.

3. A Customer placing an order via the Store Website assembles the order by selecting the Goods they are interested in. Goods are added to the order by selecting the ADD TO CART command under the given Goods presented on the Store Website. After assembling the entire order and indicating in the "CART" the method of Delivery and the form of payment, the Customer places the order by sending the order form to the Seller, selecting the "Order with obligation to pay" button on the Store Website. Each time before the order is sent to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as of all additional costs they are required to incur in connection with the Sales Agreement.

4. Placing an order constitutes the submission by the Customer to the Seller of an offer to conclude a Sales Agreement for the Goods that are the subject of the order.

5. After the order is placed, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.

6. Subsequently, after confirmation of the placement of the order, the Seller sends to the e-mail address provided by the Customer information on the acceptance of the order for processing. The information on the acceptance of the order for processing constitutes the Seller's statement of acceptance of the offer referred to in §4 sec. 4 above, and upon its receipt by the Customer the Sales Agreement is concluded.

7. After the conclusion of the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable medium, to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or when placing the order.

§ 5 Payments

1. The prices posted on the Store Website next to the given Goods are gross prices and do not contain information regarding the costs of Delivery or any other costs the Customer will be required to incur in connection with the Sales Agreement, of which the Customer will be informed when choosing the method of Delivery and placing the order.

2. The Customer may choose the following forms of payment for the ordered Goods:

  • a) bank transfer to the Seller's bank account (in this case, processing of the order will commence after the Seller sends the Customer confirmation of acceptance of the order and after the funds are credited to the Seller's bank account);
  • b) bank transfer to the Seller's bank account with the option of personal collection at the Seller's office (in this case, processing of the order will commence immediately after the Seller sends the Customer confirmation of acceptance of the order, and the Goods will be released at the Seller's office after the funds are credited to the Seller's bank account);
  • c) payment card or bank transfer via the external payment system PayU, operated by PayU S.A. with its registered office in Poznań (in this case, processing of the order will commence after the Seller sends the Customer confirmation of acceptance of the order and after receiving information from the PayU system on the successful completion of the payment);
  • d) bank transfer via the external payment system PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, processing of the order will commence after the Seller sends the Customer confirmation of acceptance of the order and after the Seller receives information from the PayPal system that the Customer has made the payment);
  • e) bank transfer via the external payment system DotPay, operated by DotPay Sp. z o.o. with its registered office in Kraków (in this case, processing of the order will commence after the Seller sends the Customer confirmation of acceptance of the order and after the Seller receives information from the DotPay system that the Customer has made the payment);
  • f) payment card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro) or bank transfer via the external payment system Autopay, operated by Autopay S.A. with its registered office in Sopot (in this case, processing of the order will commence after the Seller sends the Customer confirmation of acceptance of the order and after the Seller receives information from the Autopay system that the Customer has made the payment);
  • g) cash on delivery, payment to the Carrier upon Delivery (in this case, processing of the order will commence after the Seller sends the Customer confirmation of acceptance of the order);
  • h) cash upon personal collection – payment at the Seller's office (in this case, the order will be processed immediately after the Seller sends the Customer confirmation of acceptance of the order, and the Goods will be released at the Seller's office).

3. The Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 3 Business Days, if they have chosen a prepayment form.

4. If the Customer fails to make payment within the period referred to in §5 sec. 3, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer of it on a Durable medium. The information about the additional payment deadline also includes information that after the ineffective expiry of that deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send the Customer, on a Durable medium, a statement of withdrawal from the agreement pursuant to Art. 491 of the Civil Code.

§ 6 Delivery

1. The Seller performs Delivery within the territory of the European Union.

2. The Seller is obliged to deliver Goods in conformity with the Sales Agreement. Each product presented by the Seller is marked as new, ex-display or used. In the case of used or ex-display Goods, the Seller informs the Customer each time of any visible signs of use.

3. The Seller posts on the Store Website information about the number of Business Days needed for Delivery and processing of the order.

4. The Delivery and order processing time indicated on the Store Website is counted in Business Days in accordance with §5 sec. 2 of the Terms of Service.

5. The ordered Goods are delivered to the Customer via the Carrier to the address indicated in the order form.

6. On the day the Goods are dispatched to the Customer (unless the option of personal collection of the Goods was chosen), information confirming the dispatch of the shipment by the Seller is sent to the Customer's e-mail address.

7. The Customer is obliged to examine the delivered shipment at the time and in the manner customary for shipments of the given type. If any loss or damage to the shipment is found, the Customer has the right to demand that the Carrier's employee draw up an appropriate report.

8. The Customer has the option of personal collection of the ordered Goods. Collection may take place at the Seller's office on Business Days, during the opening hours indicated on the Store Website, after prior arrangement of the collection date with the Seller by e-mail or by telephone.

9. The Seller, in accordance with the Customer's wish, attaches to the shipment that is the subject of the Delivery a receipt or a VAT invoice covering the delivered Goods. In order to receive a VAT invoice, the Customer should declare at the time of purchase that they are purchasing the Goods as an Entrepreneur (taxpayer). This declaration is made by ticking the appropriate box in the order form before sending the order to the Seller.

10. If the Customer is absent at the address indicated by them as the Delivery address when placing the order, the Carrier's employee will leave a delivery notice or attempt to contact the Customer by telephone to arrange a time when the Customer will be present. If the ordered Goods are returned to the Online Store by the Carrier, the Seller will contact the Customer by e-mail or telephone, arranging with the Customer once again the date and cost of Delivery.

§ 7 Warranty for defects (rękojmia) for Entrepreneurs

1. The Seller ensures Delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods have a defect. Each product presented by the Seller is marked as new, ex-display or used. In the case of used or ex-display Goods, the Seller informs the Customer each time of any visible signs of use.

2. If the Goods have a defect, the Entrepreneur may:

  • a) submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Entrepreneur replaces the defective Goods with Goods 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 failed to fulfil the obligation to replace the Goods with Goods free from defects or to remove the defect. The Entrepreneur may, instead of the removal of the defect proposed by the Seller, demand replacement of the Goods with Goods free from defects, or, instead of replacement of the Goods, demand removal of the defect, unless bringing the item into conformity with the agreement in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared with the manner proposed by the Seller. In assessing whether the costs are excessive, the value of the Goods free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Entrepreneur would be exposed by another manner of satisfaction.
  • b) demand replacement of the defective Goods with Goods free from defects or removal of the defect. The Seller is obliged to replace the defective Goods with Goods free from defects or to remove the defect within a reasonable time without excessive inconvenience for the Entrepreneur. The Seller may refuse to satisfy the Entrepreneur's demand if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Entrepreneur is impossible or, compared with the other possible manner of bringing them into conformity with the Sales Agreement, would require excessive costs. The costs of repair or replacement are borne by the Seller.

3. An Entrepreneur exercising rights under the statutory warranty for defects is obliged to deliver the defective item to the Seller's address. The cost of delivery is covered by the Seller. A Customer who is a Consumer has the option of ordering, via the Seller, a courier company which, at the Seller's expense and at a time convenient for the Customer, will collect the Goods subject to complaint in order to deliver them to the Seller.

4. The Seller is liable under the statutory warranty for defects if a physical defect is found before the expiry of two years from the release of the Goods to the Entrepreneur. A claim for removal of the defect or replacement of the Goods with Goods free from defects becomes time-barred after one year, but this period may not end before the expiry of the period specified in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Agreement or submit a statement on price reduction due to a defect in the Goods. If the Entrepreneur demanded replacement of the Goods with Goods free from defects or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a statement on price reduction begins upon the ineffective expiry of the period for replacement of the Goods or removal of the defect.

5. In the case of Goods marked by the Seller as used, the Seller is liable under the statutory warranty for defects if a physical defect is found before the expiry of one year from the release of the Goods to the Entrepreneur.

6. In the case of an Entrepreneur, the Seller is liable under the statutory warranty for defects before the expiry of 1 year from the date of Delivery.

7. The Entrepreneur loses the rights under the statutory warranty for defects if they did not examine the Goods at the time and in the manner customary for Goods of that type and did not immediately notify the Seller of the defect noticed.

8. Any complaints related to the Goods or the performance of the Sales Agreement may be directed by the Entrepreneur in writing to the Seller's address.

9. Within 14 days from the date of the request containing the complaint, the Seller will respond to the complaint concerning the Goods or the complaint related to the performance of the Sales Agreement submitted by the Entrepreneur.

10. The Customer may submit a complaint to the Seller in connection with the use of the free-of-charge services provided by the Seller by electronic means. The complaint may be submitted in electronic form and sent to the address INFO@OGOMARKO.PL. In the complaint, the Entrepreneur should include a description of the problem that has arisen. The Seller shall consider complaints immediately, but no later than within 14 days, and provide the Entrepreneur with a response.

§ 8 Guarantee

1. Goods sold by the Seller may be covered by a guarantee granted by the manufacturer of the Goods.

2. In the case of Goods covered by a guarantee, information regarding the existence and content of the guarantee is presented each time on the Store Website.

§ 9 Non-conformity of the goods with the agreement

Complaints of a Consumer and of an Entrepreneur with Consumer rights

1. The Goods are in conformity with the agreement if, in particular, the following remain in conformity with the agreement:

  • a) their description, type, quantity, quality, completeness and functionality, and, with respect to goods with digital elements – also compatibility, interoperability and availability of updates;
  • b) their fitness for the particular purpose for which they are needed by the Consumer or the Entrepreneur with Consumer rights, of which the Consumer or the Entrepreneur with Consumer rights notified the Seller at the latest at the time of conclusion of the agreement and which the Seller accepted.

2. Furthermore, in order to be deemed in conformity with the agreement, the Goods must:

  • a) be fit for the purposes for which Goods of that type are normally used, taking into account applicable provisions of law, technical standards or good practices;
  • b) be present in such quantity and have such characteristics, including Durability and safety, and, with respect to Goods with digital elements – also functionality and compatibility, as are typical for Goods of that type and which the Consumer or the Entrepreneur with Consumer rights may reasonably expect, taking into account the nature of the Goods and the public assurance given by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller demonstrates that:
    • a. it was not aware of the given public assurance and, judging reasonably, could not have been aware of it;
    • b. before the conclusion of the agreement, the public assurance was corrected in compliance with the conditions and form in which the public assurance was given, or in a comparable manner;
    • c. the public assurance did not influence the decision of the Consumer or the Entrepreneur with Consumer rights to conclude the agreement.
  • c) be delivered with packaging, accessories and instructions the delivery of which the Consumer or the Entrepreneur with Consumer rights may reasonably expect;
  • d) be of the same quality as the sample or model that the Seller made available to the Consumer or the Entrepreneur with Consumer rights before the conclusion of the agreement, and correspond to the description of such sample or model.

3. The Seller is not liable for a lack of conformity of the Goods with the agreement in the scope referred to in §9 sec. 2 if the Consumer or the Entrepreneur with Consumer rights, at the latest at the time of conclusion of the agreement, was expressly informed that a specific characteristic of the Goods deviates from the requirements of conformity with the agreement set out in §9 sec. 2, and expressly and separately accepted the absence of the specific characteristic of the Goods.

4. The Seller is liable for a lack of conformity of the Goods with the agreement resulting from improper installation of the Goods if:

  • a) it was carried out by the Seller or under the Seller's responsibility;
  • b) the improper installation carried out by the Consumer or the Entrepreneur with Consumer rights resulted from errors in the instructions provided by the entrepreneur or a third party.

5. The Seller is liable for a lack of conformity of the Goods with the agreement existing at the time of their delivery and revealed within two years from that time, unless the use-by date of the Goods, determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that a lack of conformity of the Goods with the agreement which became apparent before the expiry of two years from the delivery of the goods existed at the time of their delivery, unless proven otherwise or unless this presumption cannot be reconciled with the specific nature of the Goods or the nature of the lack of conformity of the Goods with the agreement.

6. The Seller may not rely on the expiry of the time limit for establishing the lack of conformity of the Goods with the agreement specified in §9 sec. 5 if it fraudulently concealed that lack of conformity.

7. If the Goods are not in conformity with the agreement, the Consumer or the Entrepreneur with Consumer rights may demand their repair or replacement.

8. The Seller may carry out a replacement when the Consumer or the Entrepreneur with Consumer rights demands repair, or the Seller may carry out a repair when the Consumer or the Entrepreneur with Consumer rights demands replacement, if bringing the Goods into conformity with the agreement in the manner chosen by the Consumer or the Entrepreneur with Consumer rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the agreement.

9. In assessing whether the costs for the Seller are excessive, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Goods with the agreement, the value of the Goods in conformity with the agreement, and the excessive inconvenience for the Consumer or the Entrepreneur with Consumer rights resulting from a change in the manner of bringing the Goods into conformity with the agreement.

10. The Seller carries out the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer or the Entrepreneur with Consumer rights of the lack of conformity with the agreement, and without excessive inconvenience for the Consumer or the Entrepreneur with Consumer rights, taking into account the specific nature of the Goods and the purpose for which the Consumer or the Entrepreneur with Consumer rights purchased them. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, are borne by the Seller.

11. The Consumer or the Entrepreneur with Consumer rights makes the Goods subject to repair or replacement available to the Seller. The Seller collects the Goods from the Consumer or the Entrepreneur with Consumer rights at its own expense.

12. If the Goods were installed before the lack of conformity of the Goods with the agreement became apparent, the Seller dismantles the goods and reinstalls them after the repair or replacement has been carried out, or commissions these activities at its own expense.

13. The Consumer or the Entrepreneur with Consumer rights is not obliged to pay for ordinary use of the Goods that were subsequently replaced.

14. If the Goods are not in conformity with the agreement, the Consumer or the Entrepreneur with Consumer rights may submit a statement on price reduction or withdrawal from the agreement when:

  • a) the Seller refused to bring the Goods into conformity with the agreement in accordance with §9 sec. 8 above;
  • b) the Seller failed to bring the Goods into conformity with the agreement in accordance with §9 sec. 10 to §9 sec. 12 above;
  • c) the lack of conformity of the Goods with the agreement continues, even though the Seller attempted to bring the Goods into conformity with the agreement;
  • d) the lack of conformity of the Goods with the agreement is significant enough to justify a price reduction or withdrawal from the agreement without first making use of the remedies specified in §9 sec. 7 to §9 sec. 12 above;
  • e) it is clear from the Seller's statement or the circumstances that the Seller will not bring the Goods into conformity with the agreement within a reasonable time or without excessive inconvenience for the Consumer or the Entrepreneur with Consumer rights.

15. The Seller is obliged to respond to a consumer's complaint within 14 days from the date of its receipt.

16. The Seller returns to the Consumer or the Entrepreneur with Consumer rights the amounts due as a result of exercising the right to a price reduction immediately, no later than within 14 days from the date of receipt of the statement of the Consumer or the Entrepreneur with Consumer rights on price reduction.

17. The Consumer or the Entrepreneur with Consumer rights may not withdraw from the agreement if the lack of conformity of the Goods with the agreement is insignificant. It is presumed that the lack of conformity of the Goods with the agreement is significant.

18. If the lack of conformity with the agreement concerns only some of the Goods delivered under the agreement, the Consumer or the Entrepreneur with Consumer rights may withdraw from the agreement only with respect to those Goods, and also with respect to other Goods purchased by the Consumer or the Entrepreneur with Consumer rights together with the Goods not in conformity with the agreement, if the Consumer or the Entrepreneur with Consumer rights cannot reasonably be expected to agree to keep only the Goods in conformity with the agreement.

19. In the event of withdrawal from the agreement, the Consumer or the Entrepreneur with Consumer rights immediately returns the Goods to the Seller at the Seller's expense. The Seller returns the price to the Consumer or the Entrepreneur with Consumer rights immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return shipment.

20. The Seller refunds the price using the same method of payment used by the Consumer or the Entrepreneur with Consumer rights, unless the Consumer or the Entrepreneur with Consumer rights has expressly agreed to a different method of refund that does not involve any costs for them.

21. The Seller does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.

§ 10 Withdrawal from the Sales Agreement

1. A Customer who is a Consumer, and an Entrepreneur with Consumer rights, who has concluded a Sales Agreement may withdraw from it within 30 days without giving any reason.

2. The period for withdrawal from the Sales Agreement begins from the moment the Consumer, the Entrepreneur with Consumer rights, or a third party indicated by them other than the carrier takes possession of the Goods.

3. The Consumer and the Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may, for example, be submitted in writing to the Seller's address, i.e.: OGOMARKO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Stefana Batorego 18 /108, 02-591 Warszawa, or by e-mail to the Seller's address, i.e.: INFO@OGOMARKO.PL. The statement may be submitted using the form, a model of which has been posted by the Seller on the Store Website at: Withdrawal Form. To meet the deadline, it is sufficient to send the statement before its expiry.

4. The Consumer and the Entrepreneur with Consumer rights may withdraw from the Agreement by submitting to the Seller a statement of withdrawal via the form made available on the website at: Electronic Withdrawal Form. To meet the deadline, it is sufficient to send the statement before its expiry. The Seller immediately confirms to the Consumer and the Entrepreneur with Consumer rights receipt of the form submitted via the website.

5. In the event of withdrawal from the Sales Agreement, it is deemed not to have been concluded.

6. If the Consumer or the Entrepreneur with Consumer rights submitted a statement of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding.

7. The Seller is obliged, immediately and no later than within 14 days from the date of receipt of the statement of the Consumer or the Entrepreneur with Consumer rights on withdrawal from the Sales Agreement, to return to them all payments made by them, including the cost of Delivery of the Goods to the Consumer or the Entrepreneur with Consumer rights. The Seller may withhold the refund of payments received from the Consumer or the Entrepreneur with Consumer rights until it has received the Goods back or until the Consumer or the Entrepreneur with Consumer rights has provided proof of having sent the Goods back, whichever event occurs first.

8. If the Consumer or the Entrepreneur with Consumer rights exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest ordinary method of Delivery offered by the Seller, the Seller is not obliged to refund to the Consumer or the Entrepreneur with Consumer rights the additional costs incurred by them.

9. The Consumer or the Entrepreneur with Consumer rights is obliged to return the Goods to the Seller immediately, but no later than within 30 days from the date on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller's address before the expiry of that period.

10. In the event of withdrawal, the Customer who is a Consumer or the Entrepreneur with Consumer rights bears only the direct costs of returning the Goods.

11. If, due to their nature, the Goods cannot be sent back by ordinary post, the Seller informs the Consumer and the Entrepreneur with Consumer rights of the costs of returning the item on the Store Website.

12. The Consumer and the Entrepreneur with Consumer rights are liable for any diminished value of the Goods resulting from using them in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

13. The Seller refunds the payment using the same method of payment used by the Consumer or the Entrepreneur with Consumer rights, unless the Consumer or the Entrepreneur with Consumer rights has expressly agreed to a different method of refund that does not involve any costs for them.

14. The right of withdrawal from the Sales Agreement does not apply to the Consumer or the Entrepreneur with Consumer rights with respect to agreements in which the Goods are items delivered in sealed packaging which, after opening the packaging, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery.

15. The right of withdrawal from the Sales Agreement does not apply to the Consumer or the Entrepreneur with Consumer rights with respect to agreements in which the subject of performance is sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery.

§ 11 Free-of-charge services

1. The Seller provides the following free-of-charge services to Customers by electronic means:

  • a) Contact form;
  • b) Newsletter;
  • c) Recommend to a friend;
  • d) Customer Account Maintenance;
  • e) Posting reviews.

2. The services indicated in §11 sec. 1 above are provided 7 days a week, 24 hours a day.

3. The Seller reserves the right to choose and change the type, forms, time and manner of granting access to selected services listed above, of which it will inform Customers in the manner appropriate for amending the Terms of Service.

4. The Contact form service consists in sending a message to the Seller using the form placed on the Store Website.

5. Resignation from the free-of-charge Contact form service is possible at any time and consists in ceasing to send inquiries to the Seller.

6. The Newsletter service may be used by any Customer who enters their e-mail address using the registration form made available by the Seller on the Store Website. After sending the completed registration form, the Customer immediately receives, by e-mail to the e-mail address provided in the registration form, an activation link in order to confirm subscription to the Newsletter. Upon activation of the link by the Customer, an agreement for the provision of the Newsletter service by electronic means is concluded. The Customer may additionally tick the appropriate box in the registration form during Registration in order to subscribe to the Newsletter service.

7. The Newsletter service consists in the Seller sending, to the e-mail address, electronic messages containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have subscribed.

8. Each Newsletter directed to the given Customers contains, in particular: information about the sender, a completed "subject" field specifying the content of the message, and information about the possibility and manner of resigning from the free-of-charge Newsletter service.

9. The Customer may resign from receiving the Newsletter at any time by unsubscribing via the link included in every e-mail sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.

10. The free-of-charge Recommend to a friend service consists in the Seller enabling Customers to send to a friend an electronic message concerning Goods selected by them. Before sending the message, the Customer specifies the Goods to be recommended, and then, via the "Recommend to a friend" function, completes the form providing their e-mail address and the e-mail address of the friend to whom they wish to recommend the selected Goods. The Customer may not use this service for any purpose other than recommending the selected Goods. The Customer does not receive remuneration or any other type of benefit for using this service.

11. Resignation from the free-of-charge Recommend to a friend service is possible at any time and consists in ceasing to send recommendations of selected Goods to the Customer's friends.

12. The Customer Account Maintenance service is available after Registration on the terms described in the Terms of Service and consists in providing the Customer with a dedicated panel within the Store Website, enabling the Customer to modify the data they provided during Registration, as well as to track the status of orders and the history of orders already completed.

13. A Customer who has completed Registration may submit to the Seller a request to delete the Customer Account, whereby in the case of a request to delete the Customer Account submitted to the Seller, it may be deleted within up to 14 days from the submission of the request.

14. The Posting reviews service consists in the Seller enabling Customers who have a Customer Account to publish on the Store Website individual and subjective statements of the Customer concerning, in particular, the Goods.

15. Resignation from the Posting reviews service is possible at any time and consists in the Customer ceasing to post content on the Store Website.

16. The Seller is entitled to block access to the Customer Account and the free-of-charge services in the event of the Customer acting to the detriment of the Seller or other Customers, the Customer violating provisions of law or provisions of the Terms of Service, and also when blocking access to the Customer Account and the free-of-charge services is justified by security reasons - in particular: the Customer breaking through the security measures of the Store Website or other hacking activities. Blocking of access to the Customer Account and the free-of-charge services for the reasons listed lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and the free-of-charge services. The Seller notifies the Customer of the blocking of access to the Customer Account and the free-of-charge services by e-mail to the address provided by the Customer in the registration form.

§ 12 Customer's liability for content posted by the Customer

1. By posting content and making it available, the Customer voluntarily disseminates the content. The posted content does not express the views of the Seller and should not be equated with the Seller's activity. The Seller is not a content provider, but merely an entity providing appropriate ICT resources for this purpose.

2. The Customer declares that:

  • a) they are entitled to use the economic copyrights, industrial property rights and/or related rights to – respectively – the works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that make up the content;
  • b) the placement and making available, within the framework of the services referred to in §11 of the Terms of Service, of personal data, images and information concerning third parties took place lawfully, voluntarily and with the consent of the persons concerned;
  • c) they consent to the published content being viewed by other Customers and the Seller, and authorize the Seller to use it free of charge in accordance with the provisions of these Terms of Service;
  • d) they consent to the making of adaptations of works within the meaning of the Act on Copyright and Related Rights.

3. The Customer is not entitled to:

  • a) post, as part of using the services referred to in §11 of the Terms of Service, personal data of third parties or disseminate the image of third parties without the permission or consent of the third party required by law;
  • b) post, as part of using the services referred to in §11 of the Terms of Service, content of an advertising and/or promotional nature.

4. The Seller bears liability for content posted by Customers provided that it receives a notification in accordance with §13 of the Terms of Service.

5. Customers are prohibited from posting, as part of using the services referred to in §11 of the Terms of Service, content that could in particular:

  • a) be posted in bad faith, e.g. with the intent to infringe the personal rights of third parties;
  • b) infringe any rights of third parties, including rights related to the protection of copyrights and related rights, protection of industrial property rights, trade secrets, or related to confidentiality obligations;
  • c) be offensive in nature or constitute a threat directed at other persons, contain language violating good practice (e.g. through the use of profanity or terms commonly regarded as offensive);
  • d) be in conflict with the Seller's interest;
  • e) otherwise violate the provisions of the Terms of Service, good practice, applicable provisions of law, or social or moral norms.

6. In the event of receiving a notification in accordance with §13 of the Terms of Service, the Seller reserves the right to modify or remove content posted by Customers as part of their use of the services referred to in §11 of the Terms of Service, in particular with respect to content which, based on reports from third parties or relevant authorities, has been found to potentially constitute a violation of these Terms of Service or applicable provisions of law. The Seller does not conduct ongoing monitoring of the posted content.

7. The Customer consents to the Seller's free-of-charge use of the content posted by them within the Store Website.

§ 13 Reporting threats or infringement of rights

1. If a Customer or another person or entity considers that content published on the Store Website infringes their rights, personal rights, good practice, feelings, morality, beliefs, principles of fair competition, know-how, or a secret protected by law or under an obligation, they may notify the Seller of the potential infringement.

2. The Seller, having been notified of a potential infringement, takes immediate action to remove from the Store Website the content constituting the cause of the infringement.

§ 14 Personal data protection

1. The rules on the protection of Personal Data are set out in the Privacy Policy.

§ 15 Termination of the agreement (does not apply to Sales Agreements)

1. Both the Customer and the Seller may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the aforementioned agreement and subject to the provisions below.

2. A Customer who has completed Registration terminates the agreement for the provision of services by electronic means by sending to the Seller an appropriate declaration of will, using any means of distance communication enabling the Seller to become acquainted with the Customer's declaration of will.

3. The Seller terminates the agreement for the provision of services by electronic means by sending to the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.

§ 16 Final provisions

1. The Seller bears liability for non-performance or improper performance of the agreement, but in the case of agreements concluded with Customers who are Entrepreneurs, the Seller bears liability only in the case of intentional damage and within the limits of the losses actually incurred by the Customer who is an Entrepreneur.

2. The content of these Terms of Service may be recorded by printing, saving on a medium or downloading at any time from the Store Website.

3. In the event of a dispute arising under the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to the resolution of any disputes arising under these Terms of Service is Polish law.

4. The Seller reserves the right to amend these Terms of Service. All orders accepted by the Seller for processing before the date of entry into force of the new Terms of Service are processed on the basis of the Terms of Service in force on the date the Customer placed the order. An amendment to the Terms of Service enters into force within 7 days from the date of publication on the Store Website. The Seller will inform the Customer of the amendment to the Terms of Service 7 days before the entry into force of the new Terms of Service by means of an e-mail message containing a link to the text of the amended Terms of Service. If the Customer does not accept the new content of the Terms of Service, they are obliged to notify the Seller of this fact, which results in termination of the agreement in accordance with the provisions of §15 of the Terms of Service.

5. The Terms of Service enter into force on 01.01.2026.

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