Terms and Conditions
1. GENERAL PROVISIONS
1.1. These Terms and Conditions govern the use of the online shop available at icedstuff.com (the “Shop”) by all Users.
1.2. These Terms and Conditions set out in particular:
a) the rules for using the Shop,
b) the conditions for concluding and terminating Product Sales Agreements,
c) the rules for the provision of electronic services,
d) the conditions for concluding and terminating agreements for the provision of electronic services,
e) the complaints procedure, and
f) the rules relating to the right of withdrawal from a distance contract.
1.3. By using the Electronic Services available through the Shop, the User agrees to comply with these Terms and Conditions.
1.4. In matters not regulated herein, the applicable provisions of Polish law shall apply, in particular:
a) the Act of 18 July 2002 on the Provision of Electronic Services,
b) the Act of 30 May 2014 on Consumer Rights,
c) the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes,
d) the Civil Code of 23 April 1964, and
e) other mandatory provisions of Polish law.
2. DEFINITIONS
For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:
2.1. Terms and Conditions – these Terms and Conditions.
2.2. Shop – the online shop operated by the Service Provider at icedstuff.com.
2.3. Electronic Services – services provided electronically by the Service Provider through the Shop.
2.4. Contact Form – the electronic form available on icedstuff.com enabling the User to send a message to the Service Provider.
2.5. Registration Form – the electronic form available on icedstuff.com enabling the User to create an Account.
2.6. Account – an individual panel assigned to the User in the Shop, accessible after registration and login, containing in particular order history and User data.
2.7. Order Form – the electronic form available on icedstuff.com enabling the Customer to place an Order.
2.8. Newsletter – a free electronic service consisting of sending commercial and informational content by email to Users who have subscribed.
2.9. Seller / Service Provider – Karol Słuszniak trading as KAROL SŁUSZNIAK ICED STUFF, entered into the Central Registration and Information on Business (CEIDG), place of business and address for service: Smolna 13/62, 00-375 Warszawa, Poland, NIP: 7773357334, REGON: 385261334, email: support@icedstuff.com, telephone: +48 518 350 078.
2.10. User – any natural person, legal person or organisational unit without legal personality, to whom the law grants legal capacity, using the Shop or Electronic Services.
2.11. Customer – a User who concludes or intends to conclude a Sales Agreement with the Seller.
2.12. Consumer – a natural person entering into a legal transaction with the Seller for purposes not directly related to their business or professional activity.
2.13. Entrepreneur – a natural person, legal person or organisational unit without legal personality conducting business or professional activity on its own behalf.
2.14. Entrepreneur with Consumer Rights – a natural person conducting business activity and concluding an agreement directly related to that activity, where the agreement is not of a professional nature for that person, as determined in particular by reference to the business activity disclosed in CEIDG.
2.15. Product – any movable item available in the Shop and covered by a Sales Agreement concluded between the Customer and the Seller.
2.16. Sales Agreement – a distance sales agreement for the sale of a Product concluded between the Customer and the Seller via the Shop.
2.17. Order – the Customer’s declaration of intent to conclude a Sales Agreement for a Product.
2.18. Price – the gross value expressed in money which the Customer is required to pay for the Product.
3. PRODUCT AND ORDER INFORMATION
3.1. The Shop sells Products via the Internet.
3.2. Products offered through the Shop are new, lawful, and introduced to the market in accordance with applicable law.
3.3. Information presented on the Shop’s website does not constitute an offer within the meaning of the Civil Code. By placing an Order, the Customer submits an offer to purchase a Product on the terms described on the Product page.
3.4. Prices displayed in the Shop are given in euro (EUR) and include applicable taxes. Prices do not include delivery costs, unless expressly stated otherwise.
3.5. The total price of the Order, including delivery costs, is indicated before the Customer places the Order.
3.6. The Seller informs Customers about price reductions in accordance with applicable law, including by indicating the lowest price of the Product that applied during the 30 days before the reduction was introduced, where required.
3.7. Orders may be placed through the Shop 24 hours a day, 7 days a week, by completing the Order Form on icedstuff.com.
3.8. In order to place an Order, the Customer is not required to create an Account, unless the Shop functionality expressly requires it.
3.9. Before placing an Order, the Customer is required to read and accept these Terms and Conditions.
3.10. Products offered at promotional prices or as part of limited offers are available while stocks last. Orders are processed in the order in which they are received.
4. CONCLUSION OF SALES AGREEMENT
4.1. In order to conclude a Sales Agreement, the Customer shall place an Order in accordance with these Terms and Conditions.
4.2. After the Order is placed, the Seller shall immediately send an Order confirmation to the email address provided by the Customer.
4.3. The Order confirmation email confirms receipt of the Order and acceptance of the Customer’s offer, unless otherwise stated. Upon receipt of the Order confirmation by the Customer, the Sales Agreement is concluded.
4.4. The confirmation email shall include in particular:
a) confirmation of the essential elements of the Order,
b) information concerning the right of withdrawal, where applicable, and
c) these Terms and Conditions.
4.5. A proof of purchase shall be issued for each Sales Agreement and delivered with the Product and/or electronically to the email address provided by the Customer.
5. METHODS OF PAYMENT
5.1. The following payment methods are available in the Shop:
a) traditional bank transfer to the Seller’s bank account,
b) electronic payments via selected payment providers, including Shopify Payments and Klarna, if available in the Shop at the time of Order placement.
5.2. In the case of bank transfer, payment should be made to the following account:
Bank: ING
Account number: 07 1050 1025 1000 0097 2433 1443
Account holder: KAROL SŁUSZNIAK ICED STUFF
Address: Smolna 13/62, 00-375 Warszawa, Poland
The Customer should include the Order number in the transfer title.
5.3. Unless otherwise stated in the Sales Agreement, the Customer shall make payment within 3 Business Days from the date of conclusion of the Sales Agreement.
5.4. The Seller shall begin processing the Order after payment has been received or successfully authorised, depending on the selected payment method.
6. DELIVERY COSTS, TIME AND METHODS
6.1. Delivery costs are borne by the Customer unless the Shop states otherwise. Delivery costs are indicated during the Order placement process.
6.2. The total delivery time consists of:
a) the time necessary for order processing, and
b) the time necessary for delivery by the carrier.
6.3. Order processing time is:
a) up to 24 hours for Products available in stock,
b) from 2 to 4 weeks for Products currently out of stock,
c) from 4 to 8 weeks for personalised Products.
6.4. Processing time is counted from the moment:
a) the funds are credited to the Seller’s bank account, or
b) the electronic payment is positively authorised.
6.5. Delivery time by the carrier is usually 1 to 2 Business Days from dispatch. Delivery takes place on Business Days only.
6.6. Products are delivered by courier companies or other delivery methods made available in the Shop during checkout.
7. COMPLAINTS CONCERNING PRODUCTS
7.1. Commercial Guarantee
7.1.1. Selected Products may be covered by a commercial guarantee granted by the guarantor.
7.1.2. If a guarantee is granted, information about its scope, duration, terms and the guarantor shall be provided in the warranty statement, Product description or another durable medium.
7.1.3. The commercial guarantee is independent from the Customer’s statutory rights arising from the lack of conformity of the Product with the Sales Agreement.
7.2. Complaints Based on Lack of Conformity of the Product with the Contract
7.2.1. The Seller is liable to Consumers and Entrepreneurs with Consumer Rights for any lack of conformity of the Product with the Sales Agreement existing at the time of delivery and revealed within 2 years from delivery, unless a longer period follows from applicable law or the nature of the Product.
7.2.2. The legal basis and scope of the Seller’s liability towards Consumers and Entrepreneurs with Consumer Rights are set out in the Act on Consumer Rights.
7.2.3. Complaints concerning lack of conformity of the Product with the contract may be submitted:
a) by email to: support@icedstuff.com, or
b) in writing to: Smolna 13/62, 00-375 Warszawa, Poland.
7.2.4. The complaint should include, to the extent possible:
a) the Customer’s name and contact details,
b) information identifying the Product,
c) a description of the non-conformity,
d) the date when the non-conformity was noticed, and
e) the Customer’s requested remedy.
7.2.5. The Customer shall make the Product available to the Seller for assessment of the complaint. If the complaint is submitted by a Consumer or Entrepreneur with Consumer Rights, the Seller shall collect the Product at its own cost where required by law.
7.2.6. A Consumer or Entrepreneur with Consumer Rights may, in the first instance, request repair or replacement of the Product, unless the remedy chosen is impossible or would require excessive costs for the Seller.
7.2.7. The Customer may request a price reduction or withdraw from the Sales Agreement in cases provided by law, in particular if:
a) the Seller refuses to bring the Product into conformity,
b) the Seller fails to bring the Product into conformity within a reasonable time or without excessive inconvenience,
c) the lack of conformity persists despite attempted repair or replacement, or
d) the lack of conformity is material.
7.2.8. The Seller shall respond to the complaint promptly, and no later than within 14 days from its receipt, where such deadline is required by law or applicable to the type of request.
7.2.9. If the complaint is accepted, the Seller shall, as applicable:
a) repair or replace the Product at its own cost, including redelivery,
b) refund the relevant part of the Price in the case of a price reduction, or
c) refund the Price in the case of valid withdrawal from the contract, no later than within 14 days from receipt of the returned Product or proof of its return, whichever occurs first.
7.2.10. Responses to complaints may be provided on paper or another durable medium, including by email.
7.3. Voluntary Exchange Policy
7.3.1. Independently of the statutory rights described above, the Seller may allow Product exchange within 14 days from delivery under a separate voluntary exchange policy announced in the Shop.
7.3.2. This voluntary exchange policy does not limit or replace any statutory rights of Consumers or Entrepreneurs with Consumer Rights.
8. RIGHT OF WITHDRAWAL FROM THE SALES AGREEMENT
8.1. A Consumer and an Entrepreneur with Consumer Rights have the right to withdraw from a distance Sales Agreement within 14 days without giving any reason.
8.2. The withdrawal period expires after 14 days from the day on which:
a) the Customer, or a third party indicated by the Customer other than the carrier, acquires physical possession of the Product,
b) in the case of multiple Products delivered separately, the last Product is acquired,
c) in the case of delivery in batches or parts, the last batch or part is acquired,
d) in the case of regular delivery of Products for a specified period, the first Product is acquired.
8.3. To exercise the right of withdrawal, the Customer must inform the Seller of the decision to withdraw by means of an unequivocal statement sent, for example, by email to support@icedstuff.com or in writing to Smolna 13/62, 00-375 Warszawa, Poland.
8.4. The Customer may use the model withdrawal form made available by the Seller, but this is not mandatory.
8.5. To meet the withdrawal deadline, it is sufficient for the Customer to send the statement before the withdrawal period expires.
8.6. In the event of withdrawal from the Sales Agreement, the agreement shall be deemed not concluded.
8.7. The Customer shall return the Product to the Seller without undue delay, and in any event no later than 14 days from the day on which the Customer informed the Seller of the withdrawal, unless the Seller has offered to collect the Product. The deadline is met if the Product is sent back before the expiry of the 14-day period.
8.8. Returned Products should be sent to:
Smolna 13/62, 00-375 Warszawa, Poland.
8.9. The Customer bears only the direct cost of returning the Product, unless the Seller has agreed to bear that cost or failed to inform the Customer that the Customer must bear it.
8.10. The Customer is liable for any diminished value of the Product resulting from handling the Product in a manner other than what is necessary to establish its nature, characteristics and functioning.
8.11. The Seller shall reimburse all payments received from the Customer, including the cost of the least expensive standard delivery method offered by the Shop, without undue delay and in any event no later than 14 days from the day on which the Seller is informed of the withdrawal. The Seller may withhold reimbursement until it has received the Product back or the Customer has supplied evidence of having sent back the Product, whichever occurs first.
8.12. The refund shall be made using the same means of payment as the Customer used for the original transaction, unless the Customer expressly agrees otherwise. The Customer shall not incur any fees in connection with the refund.
8.13. The right of withdrawal does not apply to contracts:
a) for non-prefabricated Products made to the Customer’s specifications or clearly personalised,
b) for sealed Products which are not suitable for return for health protection or hygiene reasons once unsealed after delivery,
c) where the Product, after delivery, is inseparably mixed with other items by its nature,
d) for services fully performed with the Customer’s prior express consent, where the Customer was informed before performance began that the right of withdrawal would be lost after full performance,
e) for Products liable to deteriorate or expire rapidly.
9. PROVISIONS APPLICABLE TO BUSINESS CUSTOMERS (B2B)
9.1. This section applies only to Customers who are Entrepreneurs and are not Entrepreneurs with Consumer Rights.
9.2. The Seller may withdraw from a Sales Agreement concluded with a business Customer within 14 days of its conclusion without giving any reason. This right may be exercised by submitting an appropriate statement to the business Customer.
9.3. The Seller may limit the payment methods available to business Customers, including requiring full or partial prepayment.
9.4. Risk of accidental loss of or damage to the Product passes to the business Customer upon handover of the Product to the carrier.
9.5. The Seller shall not be liable to the business Customer for loss, defect, delay or damage arising after the Product has been handed over to the carrier.
9.6. The business Customer should inspect the shipment upon delivery and take all necessary steps to establish the carrier’s liability in the event of damage or shortage.
9.7. The Seller may terminate the agreement for the provision of Electronic Services to a business Customer with immediate effect for an important reason, including breach of these Terms and Conditions.
10. ENTREPRENEURS WITH CONSUMER RIGHTS
10.1. A natural person conducting business activity is entitled to the protection granted to Consumers under mandatory provisions of law where the agreement concluded with the Seller is directly related to that activity but is not of a professional nature for that person, as determined in particular by reference to the business activity disclosed in CEIDG.
10.2. An Entrepreneur with Consumer Rights is protected in particular in respect of:
a) prohibited contractual provisions,
b) liability for lack of conformity of the Product with the contract,
c) the right of withdrawal from a distance contract.
10.3. The provisions of these Terms and Conditions concerning Consumers shall apply to Entrepreneurs with Consumer Rights to the extent required by applicable law.
11. TYPE AND SCOPE OF ELECTRONIC SERVICES
11.1. The Service Provider provides the following Electronic Services through the Shop:
a) enabling the conclusion of Sales Agreements,
b) Account maintenance,
c) Newsletter,
d) Contact Form.
11.2. These Terms and Conditions apply to all Electronic Services provided through the Shop.
11.3. The Service Provider may display advertising content within the Shop, provided that such content does not affect the essence of the services provided.
12. CONDITIONS FOR PROVIDING ELECTRONIC SERVICES
12.1. The Electronic Services provided by the Service Provider are free of charge, unless expressly stated otherwise.
12.2. Agreements for the provision of Electronic Services are concluded as follows:
a) the service enabling Order placement is provided for a definite period and terminates when the Order is placed or when the User stops placing the Order,
b) the Account service is provided for an indefinite period from the moment the User completes registration,
c) the Newsletter service is provided for an indefinite period from the moment the User subscribes,
d) the Contact Form service is provided for a definite period and terminates when the message is sent or the User abandons the form.
12.3. Technical requirements necessary to use the Shop:
a) a device with Internet access,
b) access to an email account,
c) a current web browser,
d) enabled cookies and JavaScript.
12.4. The User is obliged to use the Shop in a lawful manner, in accordance with good practice and without infringing the rights of third parties.
12.5. The User is obliged to provide true, accurate and up-to-date data.
12.6. The User is prohibited from providing unlawful content.
13. COMPLAINTS CONCERNING ELECTRONIC SERVICES
13.1. Complaints relating to Electronic Services may be submitted by email to: support@icedstuff.com
13.2. The complaint should include, to the extent possible:
a) the User’s contact details,
b) a description of the problem,
c) the date the problem occurred, and
d) the User’s request.
13.3. The Service Provider shall consider the complaint without undue delay and no later than within 14 days from receipt.
13.4. A response to the complaint shall be sent by email or by another durable medium chosen by the complainant.
14. TERMINATION OF AGREEMENTS FOR ELECTRONIC SERVICES
14.1. The User may terminate an agreement for the provision of Electronic Services of a continuing nature, including Account or Newsletter, at any time and without giving reasons.
14.2. Termination may be effected by sending a statement to support@icedstuff.com or, where technically available, by deleting the Account or unsubscribing from the Newsletter.
14.3. The Service Provider may terminate an agreement for the provision of Electronic Services of a continuing nature with a User for an important reason, including serious breach of these Terms and Conditions or provision of unlawful content.
14.4. If termination is made by the Service Provider, it shall be preceded by a notice giving the User a reasonable period to cease the violation, unless immediate termination is justified by law or by the nature of the breach.
14.5. Termination of the agreement does not affect rights acquired by the parties before termination.
15. INTELLECTUAL PROPERTY
15.1. All content made available in the Shop, including texts, graphics, logos, photographs and layout elements, is protected by law, including copyright law, and belongs to the Service Provider or is used lawfully by the Service Provider.
15.2. Any use of Shop content beyond permitted personal use, including copying, distribution or publication without prior written consent of the Service Provider, is prohibited.
15.3. Trade names, product names, company names and logos used in the Shop may belong to their respective owners and are used for identification purposes only.
16. FINAL PROVISIONS
16.1. Agreements concluded through the Shop are governed by Polish law, subject to mandatory consumer protection provisions applicable in the country of the Consumer’s habitual residence where such protection cannot be excluded by agreement.
16.2. If any provision of these Terms and Conditions is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16.3. Any disputes between the Seller and a Consumer or Entrepreneur with Consumer Rights should first be resolved amicably.
16.4. A Consumer may use out-of-court complaint and redress mechanisms available under Polish law, including assistance from the competent consumer ombudsman or the Trade Inspection, where applicable.
16.5. Disputes between the Seller and Consumers or Entrepreneurs with Consumer Rights shall be submitted to the court having jurisdiction under generally applicable law.
16.6. Disputes between the Seller and business Customers referred to in Section 9 shall be submitted to the court having jurisdiction over the Seller’s registered office.