Terms and Conditions
These Terms and Conditions define the general conditions, rules, and the method of sale conducted through the ICED STUFF online store (hereinafter referred to as the "STORE").
I. DEFINITIONS
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Regulations - means these STORE regulations.
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Customer - means a natural person who purchases a product for their own consumption or for further distribution, acquiring rights to its ownership based on a Sales Agreement.
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Store - means the ICED STUFF company, a business with its registered office in Warsaw.
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Product - means a product presented by the Seller through the STORE.
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Sales Agreement - means an electronic sales agreement based on the terms specified in the Regulations, concluded between the Customer and the Store.
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Order - means a Customer's declaration of intent aimed at concluding a distance sales agreement, specifying the quantity and type of Product.
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Custom Order - means an order that is fulfilled by the Seller according to the specifications provided by the individual Customer.
II. GENERAL PROVISIONS
2.1. The ICED STUFF online store operating at www.icedstuff.pl (hereinafter referred to as the "Store") is operated by Karol Słuszniak ICED STUFF with its registered office in Warsaw, Smolna 13/62, postal code 00-375, VAT ID: 7773357334, REGON: 385261334 registered in the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for the economy.
2.2. These regulations define the rules for using the Store, conditions for placing orders for products available in the Store, the time and method of order fulfillment, payment terms and forms, the Customer's right to cancel an order and withdraw from the sales agreement, and the rules for submitting and processing complaints.
2.3. The Store conducts retail sales via its website using remote communication tools. To use the Store, you must be at least 18 years old and have:
- Access to the Internet.
- An email address.
- The latest version of a web browser.
- JavaScript enabled.
- Flash Player plugin installed.
- Acceptance of cookies.
2.4. The Customer is authorized and obliged to use the Store in accordance with its intended purpose and the principles of social coexistence and good manners.
2.5. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Store, including any interference with the content of the Store or its technical elements, and from providing unlawful content. It is prohibited to use the Store for purposes other than its intended purpose, including sending spam, conducting any commercial, advertising, promotional, political activities, etc., on the Store's websites.
2.6. To the fullest extent permitted by law, the Store shall not be liable for disruptions, including interruptions caused by force majeure, unauthorized actions of third parties, or incompatibility of the Store with the Customer's technical infrastructure.
2.7. Browsing the Store's assortment does not require registration, and placing orders for products in the Store's assortment does not require registration.
2.8. The Customer, no later than when placing an order, is obliged to familiarize themselves with the Regulations and, by placing an order, confirms that they have done so.
2.9. The Buyer has the right to withdraw from the contract being concluded without giving a reason within fourteen days from the date of conclusion of the contract, based on the Act of May 30, 2014 (Journal of Laws of 2014, item 827 as amended). In the case of a written withdrawal from the contract, the Customer is obliged to return the goods within fourteen days. The right mentioned above also applies to a natural person who enters into a contract directly related to their business activity, when the content of the contract shows that it does not have a professional character for that person, resulting in particular from the subject of their business, made available on the basis of the regulations on the Central Register and Information on Economic Activity.
2.10. In case of using the right to withdraw within 14 days, the cost of returning the goods is borne by the seller/buyer.
2.11. The Customer can choose the following payment methods for ordered Goods: BLIK payments, credit card, electronic transfer through an external payment system operated by ING Bank Śląski S.A. with its registered office in Katowice.
2.12. The Goods sold in the Store are covered by the manufacturer's warranty.
III. CONDITIONS AND TIME OF ORDER FULFILLMENT
3.1. Any announcements, advertisements, price lists, and other information posted on the Store's pages do not constitute an offer within the meaning of the Civil Code but an invitation to conclude an agreement (Article 71 of the Act of February 17, 2016, Civil Code (Journal of Laws of 2016, item 380 as amended)).
3.2. The Customer places an order by selecting the products they are interested in by choosing the "Add to Cart" option on the product page and then indicating the method of delivery and payment in the Cart, followed by order confirmation.
3.3. In the Cart, the Customer can:
- Add and remove products and their quantities.
- Specify the address to which the order should be delivered and the necessary data to issue an invoice.
IV PRODUCT PRICES AND SHIPPING COSTS
4.1. Prices displayed for products offered by the Store include VAT and are provided in both Polish and international currency (EUR).
4.2. The price listed for the product does not include shipping costs.
4.3. The Store reserves the right to change the prices of goods in the Store, introduce new products for sale, conduct or cancel promotional activities, or make changes to them in accordance with the norms of the civil code and other laws. Such changes do not affect the rights of persons who have entered into sales agreements for products offered by the Store before these changes, or the rights of persons entitled to use a particular promotion, in accordance with its rules and during its duration.
4.4. Shipping costs are added to the total amount of ordered products and are borne by the Customer.
4.5. When receiving a shipment delivered by a courier, it is recommended that the Customer checks the condition of the external packaging of the shipment in the courier's presence. In case of damage to the packaging of the shipment, it is recommended that the Customer, along with the courier, prepares a damage protocol in two identical copies signed by the Customer and the courier. Failure to follow these recommendations does not affect the possibility of submitting a complaint to the Store.
4.6. When receiving the shipment, the Customer should check the condition of the package, and in case of any objections, contact us by email (contact@icedstuff.com) describing the situation.
4.7. Delivery costs range from PLN 11.99 to PLN 139.99 and depend on the size of the shipment.
V ACCEPTABLE FORMS OF PAYMENT
5.1. Payments for goods to be delivered can be made by bank transfer to the Store's account.
5.2. Possible payment methods in the store include: traditional bank transfer, PayU, Przelewy24, PayPal, Imoje.
5.3. The Customer may choose the following payment methods for the ordered Goods: BLIK payments, debit card, electronic transfer through the external imoje payment system, operated by ING Bank Śląski S.A. with its registered office in Katowice.
5.4. The refund will be made in the same form as the payment made by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for them.
VI COMPLAINTS AND PRODUCT RETURNS
6.1. The Customer has the right to withdraw from the concluded contract without giving a reason and incurring costs. The contract from which the Customer withdrew is considered not concluded.
6.2. In the event of the intention to withdraw from the contract, the Customer submits a written statement of withdrawal from the contract and sends it to the email address contact@icedstuff.com within 14 days from the date of receiving the goods, or if the goods are delivered in parts, from the date of receiving the last part. Sending the statement before the deadline expires to the Store's address or a scanned and signed statement to the email address contact@icedstuff.com is sufficient to meet the deadline. The cost of return shipping is borne by the customer.
6.3. In the case mentioned in paragraph 1, the Customer is obliged to return the purchased goods immediately, no later than within 14 days from the date of withdrawal from the contract. Sending the goods before the deadline expires is sufficient to meet the deadline. The cost of returning the goods is borne by the Customer.
6.4. In the case mentioned in paragraph 2, the Store is obliged to refund the Customer the amount paid for the returned goods and the shipping costs paid, no later than within 14 days from the date of submitting the statement of withdrawal. However, if the Customer has chosen a method of delivering the ordered goods other than the cheapest method offered by the Store for a given order, the Store is not obliged to refund the additional costs incurred by the Customer.
6.5. The Store will refund the payment using the same method used by the Customer, unless the Customer agrees with the Store on a different refund method that does not involve any costs for them. The Store will withhold the refund of payments received from the Customer until the goods are returned or until the Customer provides proof of sending them back, whichever occurs earlier. The Store will also make corrections to previously issued purchase documents for the Customer (VAT correcting invoice or correcting specification).
6.6. If the Customer submitted a withdrawal form before receiving confirmation of order fulfillment, the order is canceled.
6.7. The Customer is responsible for any reduction in the value of the goods resulting from their use beyond what is necessary to determine the nature, characteristics, and functioning of the goods.
6.8. The provisions above do not apply to individual orders (customized/on-demand) described in § 2 paragraph 16. The right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the consumer in relation to contracts:
6.8.1. where the subject matter of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individual needs.
6.9. The Customer has the right to make a complaint in case of non-compliance of the goods with the contract. A complaint based on this should be made in writing or by email within 2 years from the date of receiving the goods. The correspondence address and email address are specified in § 1 paragraph 1 and § 5 paragraph 2. The complaint may include one of the following requests: price reduction, removal of defects, exchange of the product for one free from defects, or withdrawal from the contract.
6.9.1. The warranty does not cover natural wear and tear, mechanical and chemical damage resulting from improper use.
6.10. The Store may request the completion of the complaint by sending a copy or scan of the proof of purchase (e.g., VAT invoice or specification), the packaging of the shipment in which the complained-about goods were received, or the goods that are the subject of the complaint to the address ul. Smolna 13/62, 00-375 Warsaw. The complaint will be processed within 14 days from the date of its submission if it is complete, or after supplementation if it was required. Delivering the goods to the Seller under the conditions specified in this paragraph is at the expense of the Store.
6.11. In the event that the complaint is found to be justified, the Store will immediately inform the Customer and, depending on the request, either reduce the price or send a full-value product to the Customer, and if this is not possible, refund the amount to the Customer by postal order to the specified address or by bank transfer. The Store will issue the Customer the appropriate correction of the purchase document (VAT correcting invoice or correcting specification).
6.12. The use of a specific out-of-court dispute resolution method is possible only with the mutual consent of the Customer and the Store. Detailed procedures for out-of-court resolution of disputes between the Customer and the Store are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on the websites of the Voivodship Inspectorates of Trade Inspection, and with district (city) consumer ombudsmen.
6.13. In matters not regulated by this Regulation regarding the determination of the rights and obligations of the Customer and the
VIII COOKIES
8.1. The store does not automatically collect any information except for information contained in cookies.
8.2. Cookies (so-called "cookies") are computer data, small pieces of information sent by a website and stored on the end device of the Customer (computer, laptop, smartphone) necessary for the proper functioning of the website or the functionality that the Customer wants to use. These files contain various information necessary for the proper functioning of the website, typically the website's name, personalization, and login information.
8.3. The store uses cookies to customize the content of the store's websites to the Customer's preferences and to optimize the use of the websites. They allow recognizing the Customer's device and displaying a website tailored to their individual preferences, as well as creating statistics to help understand how the Customer uses the store and thus improving the structure and content of the store.
8.4. The store divides stored cookies based on the time they are placed on the Customer's end device and distinguishes:
8.4.1. Temporary cookies (session cookies) – used only during the current Customer session and deleted after it is closed.
8.4.2. Permanent cookies (persistent cookies) – not deleted after the current session is closed and are stored on the Customer's computer for a specified time or without an expiration date, depending on the individual settings of the website owner.
8.5. The Customer can delete cookies stored on their computer at any time. The store informs that deleting, disabling, or limiting cookies may affect the proper functioning of the store or some of its components.
8.6. The store also distinguishes cookies in the following way:
8.6.1. Functional – allowing proper use of the store,
8.6.2. Security – enabling secure use of store functionality,
8.6.3. Authentication – allowing the maintenance of the Customer's login session,
8.6.4. Advertising – allowing the display of personalized ads,
8.6.5. Configuration – allowing the configuration of store function and service settings.
8.7. Detailed information on the possibilities and methods of handling cookies are available in the software settings (web browser).
8.8. Cookies placed on the Customer's store end device may also be used by the store operator's advertising partners.
IX NEWSLETTER
9.1. The Customer may consent to receiving commercial information, including electronic commercial information, by selecting the appropriate option in the registration form or through the website. If such consent is given, the Customer will receive an information bulletin (Newsletter) from the store at the email address provided by them.
9.2. The Customer can unsubscribe from the Newsletter subscription at any time by themselves, by requesting it from the data administrator or by clicking on the deactivation link in each Newsletter message.
X PERSONAL DATA PROTECTION
10.1. In accordance with the Personal Data Protection Act of August 29, 1997 (consolidated text: Journal of Laws of 2002, No. 101, item 926, as amended), the store undertakes to protect personal data. By placing an order, the Customer voluntarily consents to the processing and use of their personal data for the purpose of order execution, any complaints, facilitating the submission of subsequent orders, and for marketing purposes. These data are not processed or used for any other purpose.
10.2. The administrator of your personal data is the company ICED STUFF, ul. SMOLNA 13/61, 00-375 Warsaw, Tax Identification Number (NIP): 7773357334, which processes personal data in accordance with the Act of August 29, 1997, on personal data protection and the Act of July 18, 2002, on the provision of electronic services, solely for the proper performance of the service and user registration.
10.3. You have the right to access the content of your personal data, correct them, or request their deletion. Providing personal data is voluntary.
10.4. The Administrator, through the Service and other forms of communication, collects and processes the personal data of Users provided during the registration process on the Service: name and surname, address, email address, phone number, etc.
10.5.
Purpose - Processing your personal data allows us to provide services, maintain your account, process orders, contact you regarding the performance of the contract, and send marketing information (including newsletters).
Duration - Personal data will be stored for the duration of the contract and for a period in accordance with applicable laws, taking into account the limitation of claims and tax obligations. Personal data for processing for which you have given your consent will be stored until you withdraw your consent.
10.6. You have the right at any time to access and change your personal data, as well as request their immediate deletion ("right to be forgotten") from the Administrator.
10.7. Requests regarding the processing of personal data can be made by email to the data administrator's address.
10.8. Your personal data may be disclosed to the payment operator and courier company.
10.9. "I consent to the processing of personal data" or "I accept the Regulations and Privacy Policy".
10.10. The Administrator undertakes to make every effort to ensure the proper security of the Customer's personal data.
10.11. You have the right to lodge a complaint with the supervisory authority responsible for personal data protection – the President of the Office for Personal Data Protection.
XI COPYRIGHT PROTECTION
11.1. The content of the icedstuff.pl website is protected by copyright. The content, as well as the photos and graphics published by its authors, constitute a work within the meaning of the provisions of the Copyright and Related Rights Act and are subject to protection provided for in this Act.
11.2. The basis for enforcing claims for unauthorized use of materials in whole or in part is the Copyright and Related Rights Act of February 4, 1994, and the Act on Combating Unfair Competition of April 16, 1993.
XI FINAL PROVISIONS
11.1. The store informs, and the Customer acknowledges, that using the Internet may involve risks, such as damage that the Customer may incur due to threats in the Internet, especially hacking into the Customer's computer system, password theft by third parties, or infection of the Customer's computer system with viruses.
11.2. To the fullest extent permitted by law, the store is not liable for the blocking by email server administrators of sending messages to the email address specified by the Customer or for the deletion and blocking of emails by software installed on the Customer's computer.
11.3. Differences between the visualization of a product resulting from the individual settings of the Customer's computer (color, proportions, etc.) and the actual appearance of the product cannot be the basis for a complaint. In such a case, the Customer has the right to withdraw from the contract in accordance with the provisions of point V of these Regulations.
11.4. The owner informs that all trademarks (logos, logotypes, brand names, etc.) placed on the store's websites are legally protected and are used by the store solely for informational purposes.
11.5. All product names offered for sale by the store are used for identification purposes and may be protected and reserved under the Industrial Property Law.
11.6. The owner points out that the store contains content protected by intellectual property rights, in particular works