General terms and conditions

1.

These Terms and Conditions set out the rules for:

 

1)

the provision by the Seller to Customers of electronic services through the Store and the Application;

 

2)

the conclusion and performance of sales agreements for Goods through the Store or the Application.

2.

The Customer may contact the Seller quickly and efficiently in all matters relating to these Terms and Conditions by e-mail at:bok@sklep.ochnik.com, by telephone at +48 25 748 43 10 during Business Days and during the hours indicated on the website www.ochnik.uk, or in writing to the address specified in Section 2(1).

§ 2 DEFINITIONS

1)

Seller – OCHNIK S.A., with its registered office in Garwolin at: ul. Stacyjna 8B, 08-400 Garwolin, Poland, VAT ID (NIP): 8260000780, National Court Register (KRS) No.: 0000604045, whose registration files are kept by the District Court Lublin-Wschód in Lublin with its seat in Świdnik, with share capital of PLN 8,090,500, fully paid up;

2)

Store - the website owned by the Seller, available at www.ochnik.uk;

3)

Application – software with a touch interface, designed for use on portable electronic devices, excluding portable personal computers, made available by the Seller for download on Google Play and the App Store;

4)

Consumer - a user of the Store or the Application;

5)

Consumer – a Customer who is a natural person carrying out or intending to carry out a legal act through the Store or the Application that is not directly related to that person’s business or professional activity, or that is not of a professional nature for that person, as resulting in particular from the subject matter of that person’s business activity disclosed pursuant to the regulations on the Central Registration and Information on Business;

6)

Goods – movable items available for sale through the Store or the Application, in particular clothing, accessories, and leather goods;

7)

Order – the Customer’s declaration of intent aimed at concluding a distance sales agreement for Goods through the Store or the Application, submitted via the interactive form available in the Store or in the Application;

8)

Privacy Policy – information on the principles of processing Customers’ personal data, including the types of personal data collected, the purposes of processing, the methods of use, and the rights to which Customers are entitled in connection with the processing of their personal data, available at: www.ochnik.uk/privacy-policy;

9)

Business Day – any day from Monday to Friday, excluding the days listed in Article 1 item 1 of the Act of 18 January 1951 on Non-Working Days.

10

Terms & Conditions - this document setting out the rules for the conclusion and performance of sales and ancillary service agreements in the Store and for the provision of services by electronic means

§ 3 TECHNICAL REQUIREMENTS

1.

In order for the Application to function properly and be used, a portable electronic device of the smartphone type with Android 6.0 or later, or iOS 15.6 or later, and Internet access is required. In addition, in order to use certain functions of the Application, it is necessary to have an e-mail account and software (e.g. a web browser) enabling access to that e-mail account. The use of certain functions of the Application may also require acceptance of cookies.

2.

In order to use the Store, it is necessary to have a device enabling Internet access, an active e-mail account, and an Internet browser enabling the display of websites: Mozilla FireFox 30.x or later, Google Chrome 35.x or later, Microsoft Internet Explorer 10.0 or later. The use of certain functions of the Store may require the installation of software such as Java, Java Script, or other software specified by the Seller in relation to those functions, as well as acceptance of cookies.

4.

In order to pay for purchases made in the Store or in the Application, the Customer must have a payment account enabling online transactions through electronic payment systems.

§ 4 CONDITIONS FOR USING THE STORE AND THE APPLICATION

1.

Through the Store or the Application, the Customer may use the following services:

 

1)

account service;

 

2)

order form service;

 

3)

Newsletter service;

 

5)

the service of posting purchase reviews.

2.

Additionally, through the Application the Customer may use the push notification service.

3.

The services referred to in sections 1 and 2 are directed by the Seller exclusively to:

 

1)

natural persons of legal age;

4.

The use of the Store and the Application may not in any way be used by the Customer to provide unlawful content.

5.

The Customer may submit complaints to the Seller regarding the non-performance or improper performance of the services referred to in sections 1 and 2. For this purpose, the Customer may contact the Seller by e-mail at: bok@sklep.ochnik.com or in writing to:

7.

The Seller shall respond to the complaint referred to in section 5 within 14 days of the date of its receipt – to the e-mail address indicated by the Customer or in writing to the Customer’s correspondence address provided.

§ 5 ACCOUNT

1.

The Customer may create an individual account in which the data provided by the Customer and information about Orders placed by the Customer through the Store and the Application (including returns or complaints), discounts received, favourite products, and the Customer’s Newsletter subscription will be stored.

2.

Subject to section 4, in order to create an account it is necessary to complete the registration form in the Store or in the Application, providing an e-mail address or a telephone number to which the Customer will receive, respectively, an e-mail with a link or an SMS message with a verification code. Opening the link from the e-mail or entering and confirming the verification code in the registration form creates an individual account for the Customer (and means conclusion of an agreement for the provision of the account service). During registration, the Customer may independently choose a password that will be used to log into the account. If no password is chosen during registration, the Customer will receive by SMS or e-mail an automatically generated password, which the Customer may change at any time in the account settings panel.

3.

An account may also be created while placing an Order by selecting the appropriate field in the Order form and then opening the verification link sent to the e-mail address received, or entering and confirming in the registration form the verification code received by SMS.

4.

The Customer may also create an account in the Application and in the Store and log into it by means of an existing social media account on Facebook or Google. For this purpose, the Customer uses the login and password of the social media account, and the account created in this way in the Application and in the Store will be assigned to the Customer on the basis of the data provided by the provider of the social media account service.

5.

The account service is provided free of charge. Creating an account is not necessary to use the Store or the Application, including in particular to place an Order. However, the account facilitates placing Orders which, after the Customer logs in to the account, will each time be registered on that account together with the data provided by the Customer when placing the Order.

6.

When registering an account, the Customer may voluntarily decide to join the Ochnik Customer Club. The Ochnik Customer Club Rules and the personal data protection policy for members of this club are available at: https://ochnik.com/klub-klienta-ochnik. Joining the Ochnik Customer Club is also possible later at any time after the Customer logs in to the individual account.

7.

After logging in to the account, the Customer may correct or update the data provided during registration or later, except for the login (e-mail address or telephone number) to which the account is assigned. The above option may be unavailable when logging in via a social media account referred to in section 4.

8.

The account service is provided for an indefinite period.

9.

The Seller has the right to discontinue the account service if the Customer has not placed any Order from the account within 3 years. Discontinuation of the account service results in deletion of all data stored on that account. The Seller is obliged to notify the Customer in advance of the intention to discontinue the account service and delete the data stored on it by sending a notice to the e-mail address or telephone number provided on the Customer’s account. If, within 30 days of receiving such notice, the Customer expressly requests continuation of the account service – in writing to the address indicated in Section 2(1) or via the e-mail address info@ochnik.com – the Seller shall abandon the intention to delete the account and the data stored on it. If the Customer does not make such a request within the period specified in the preceding sentence, the agreement for the provision of the account service shall terminate upon expiry of that period, which shall result in deletion of the Customer’s account together with all data stored on it.

10.

The Customer may at any time and without giving any reason resign from the account service, which is equivalent to requesting deletion of all data stored on it. The Customer may resign from the account service by clicking the “Delete account” option (or another equivalent option) available after logging in to the account, or by sending an appropriate request to the Seller by e-mail to: info@ochnik.com. Submission of such a request by the Customer or selection of the “Delete account” option will result in termination of the agreement for the provision of the account service and deletion of the account together with all data stored on it.

§ 6 ORDERS

1.

The Seller enables Orders to be placed for Goods presented in the Store or in the Application by completing the interactive Order form.

2.

Completing the Order form consists in selecting the Goods ordered by adding them to the “cart”, and then providing certain data and choosing the delivery and payment method, in accordance with the successive instructions displayed in the Order form, and confirming the Order by selecting the “Order and pay” option (or another option confirming the order with an obligation to pay).

3.

In addition to the type and number of Goods ordered and the data concerning the selected delivery and payment method, it is also necessary to indicate in the Order form the following Customer data: first and last name, delivery address, e-mail address, and telephone number. It is also possible to provide additional invoicing data, including the company name and VAT ID (NIP). If the Order form is completed by the Customer after logging in to the personal account, the above data are automatically completed on the basis of the data provided by the Customer during account registration or later, or on the basis of the data provided by the provider of the social media account service used by the Customer to log in to the account, with the possibility for the Customer to modify them until the Order is confirmed by selecting the “Order and pay” option (or another equivalent option).

4.

The agreement for the electronic provision of the Order form service is concluded when the form is made available for the purpose of placing an Order. The Order form service is of a one-off nature and ends when the Customer places an Order in the manner described in Section 11(7), or when the Customer stops using the Order form before placing an Order in that manner. The Order form service is provided free of charge.

§ 7 NEWSLETTER

1.

The Seller provides the Newsletter service consisting in sending, via e-mail, information about the Seller’s Goods, services, promotions, offers, campaigns, and events. Use of the Newsletter service requires the Customer to provide the e-mail address to which it is to be sent. Subscription to the Newsletter service takes place by:

 

1)

entering the Customer’s e-mail address in the indicated field (“Newsletter”) in the Store or in the Application;

2.

Subscription to the Newsletter service may also take place by ticking the appropriate checkbox during account registration or when placing an Order, and then clicking the link referred to in Section 1(3) above. Upon fulfilment of the above conditions, an agreement for the electronic provision of the Newsletter service is concluded.

3.

The Newsletter service is provided free of charge for an indefinite period. The Customer may at any time, without giving any reason, resign from this service by:

 

1)

clicking the link placed at the end of every e-mail containing the Newsletter;

 

2)

submitting an appropriate request by e-mail to info@ochnik.com;

 

3)

if using the account service – unticking the appropriate checkbox and clicking the “Save” field (or another field with equivalent wording).

 

Carrying out any of the actions described in items 1–3 above results in termination of the agreement for the provision of the Newsletter service.

§ 8 ONLINE CHAT

1.

The Seller also provides an Online Chat service enabling a real-time conversation with a chatbot based on an AI (artificial intelligence) system or with an employee of the Seller. Use of the Online Chat service takes place through the relevant text communicator window and does not require the Customer to provide any data. Use of the Online Chat service initially consists in interaction with the AI system. A conversation within the Online Chat service will be transferred by the AI system to an employee of the Seller if:

 

1)

the topic of the conversation requires individual human support (e.g. handling an unusual request),

 

provided that an employee of the Seller is available in real time (online). If no employee is available, the AI system will inform the Customer about other ways of contacting an employee of the Seller. Real-time conversation with an employee of the Seller within the Online Chat service is available only on Business Days, during hours freely determined by the Seller. Each agreement for the provision of the Online Chat service begins and ends respectively upon the start and end of the conversation with the Customer via the communicator.

2.

The Seller has the right to interrupt a conversation with the Customer via the communicator if:

 

1)

the nature of the conversation is not related to the goods or services offered by the Seller, or ceases to be related thereto;

 

2)

§ 9 PURCHASE REVIEWS

1.

The Seller enables Customers to voluntarily and free of charge post reviews relating to purchases made in the Store or in the Application. The subject of a review may also be an assessment, a photo, or a product review of a product purchased in the Store or in the Application.

2.

After purchases made by the Customer in the Store or in the Application, the Seller transfers the data necessary to create an e-mail invitation to the company handling the survey process on behalf of the Seller. The sending of surveys and the process of collecting reviews in forms are handled entirely by TrustMate S.A., with its registered office at: ul. Bartoszowicka 3, 51-641 Wrocław, Poland. TrustMate S.A. sends the Customer an e-mail message requesting that a review be posted and containing a link to an online form enabling the review to be submitted – the online form makes it possible to answer the Seller’s questions concerning the purchases, evaluate them, add one’s own description, and add a photo of the purchased product. If no review is posted after the first invitation to post a review is received, TrustMate S.A. may resend the invitation.

§ 10 PUSH NOTIFICATION

§ 11 PLACING ORDERS AND THE SALES AGREEMENT

1.

The subject matter of the sale are Goods marked as available at the time the Order is placed. The content presented in the Store or in the Application does not constitute an offer to conclude an agreement within the meaning of the provisions of the Civil Code.

2.

Exceptionally, in the event of simultaneous orders for the same Goods being placed by several Customers, it may happen that the selected Goods will not be available. In such a case, the Customer will be informed that the Order cannot be fulfilled.

3.

The prices of the presented Goods are given in PLN and include VAT. The prices do not include delivery costs or any costs resulting from the payment method chosen by the Customer.

4.

The Seller sells Goods within the territory of the Republic of Poland and to selected countries in Europe listed in the Store and in the Application under the “Delivery costs” tab.

5.

All Goods are new.

6.

The Seller has the right to change the prices of Goods, introduce and withdraw Goods, grant discounts on individual Goods, and conduct and cancel promotions. Changes may also apply to Goods added by the Customer to the basket – until the Customer selects the “Order and pay” option (or another equivalent option).

7.

Completing the Order form and selecting the “Order and pay” option (or another equivalent option) means placing the Order and expressing the Customer’s intention to conclude a sales agreement for Goods in the quantity and at the price and on the terms specified in the Order and these Terms and Conditions (offer).

8.

At the last step enabling the Customer to select the “Order and pay” option (or another equivalent option), the Order form displays an Order summary informing about the total price of the ordered Goods including taxes, as well as about the fees for delivery of the Goods, depending on the payment and delivery options selected by the Customer, and any other costs.

9.

After the Customer selects the “Order and pay” option (or another equivalent option), information about the Customer’s Order number together with a link (the “Pay” field) for making payment through electronic payment systems will be displayed. This information is equivalent to the Seller’s declaration of acceptance of the offer to conclude a sales agreement on the terms specified in the Order and these Terms and Conditions.

§ 12 PAYMENTS

1.

Payment for purchased Goods is made online through electronic payment systems (including Visa and Mastercard payment cards). The Seller does not accept traditional bank transfers; therefore, the Customer will not be informed of a bank account number for making such a transfer (e.g. at a post office).

2.

The Customer chooses among the available payment methods by selecting the appropriate field in the Order form. The total price for the ordered Goods together with transport fees and any other costs may differ depending on the payment method chosen by the Customer, and information about this will be placed in the payment form next to the relevant field for choosing the payment method.

§ 13 DELIVERY

1.

Information on delivery costs is displayed in the Order form – at the last step enabling the Customer to select the “Order and pay” option (or another equivalent option) – and in the e-mail confirming the placing of the Order by the Customer. Delivery costs are borne by the Customer, subject to section 3 below.

2.

The delivery fee is indicated on the sales document as a separate item. If the fee is paid by the Seller in accordance with section 3 below, the delivery fee item does not appear on the sales document.

3.

The detailed price list and delivery conditions related to the choice of delivery method, payment methods, and information on Order value thresholds for which free delivery applies are available in the Application and in the Store under the “Delivery costs” tab. If the value of an Order fulfilled within Poland exceeds the amount listed in the “Free delivery” column, delivery costs are paid by the Seller, i.e. the Customer does not bear delivery costs.

5.

The Seller delivers Goods only to selected European countries listed under the “Delivery costs” tab.

6.

Deliveries shall be made within up to 14 calendar days.

§ 14 SELLER’S LIABILITY FOR CONFORMITY OF PERFORMANCE WITH THE AGREEMENT

With respect to Customers who are Consumers, the Seller is liable for non-conformity of the Goods with the agreement on the principles specified in Articles 43a–43g of the Act of 30 May 2014 on Consumer Rights. With respect to other Customers, the Seller is liable for defects in the Goods (statutory warranty) on the principles specified in Articles 556–576 of the Civil Code. Irrespective of the above, the Seller bears towards all Customers general liability for non-performance or improper performance of the agreement on the principles specified in the provisions of the Civil Code.

2.

In particular, if the Goods are not in conformity with the agreement, the Customer may request their repair (removal of the defect) or replacement, may submit a declaration on price reduction, or may withdraw from the agreement – on the principles and under the conditions specified in detail in Articles 43a–43g of the Act of 30 May 2014 on Consumer Rights (with respect to Customers who are Consumers) or in Articles 556–576 of the Civil Code (with respect to other Customers). The said provisions also specify in what circumstances the Customer is not entitled to such rights and when the Seller may refuse to bring the Goods into conformity with the agreement or do so in a manner different from that chosen by the Customer.

3.

A Customer who is a Consumer may withhold payment of the price until the Seller has performed the obligations arising from the non-conformity of the Goods with the agreement.

4.

The Customer may submit a complaint on the website https://ochnik.uk/rga-advanced/complaint/verification (also available after selecting the “Complaints” option at the bottom of the Store’s home page), by completing the interactive form posted there and following the instructions contained therein. However, submission of a complaint in the above manner is not possible if the Seller has previously deleted the Customer’s personal data at the Customer’s request, as a result of which it is no longer possible to assign a specific Order to the Customer.

14.

The Seller does not declare submission to out-of-court complaint handling and claim enforcement procedures (out-of-court dispute resolution) and is not obliged by law to use such procedures.

§ 15 WITHDRAWAL FROM THE AGREEMENT

1.

A Consumer may withdraw from the sales agreement for the Goods within 30 days without giving any reason and without incurring costs, except for the costs specified in sections 7 and 8. The withdrawal period starts from the date of delivery of the Goods (i.e. from the date on which the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the Goods). If the agreement covers multiple Goods delivered separately, in batches, or in parts, the withdrawal period starts from delivery of the last Goods, batch, or part.

2.

A Consumer may withdraw from the agreement by submitting to the Seller a declaration of withdrawal from the agreement. This declaration may be submitted in any form, including on the form template constituting Appendix No. 2 to the Act of 30 May 2014 on Consumer Rights.

3.

The Consumer may also submit a declaration of withdrawal from the agreement on the website https://ochnik.uk/rga-advanced/return/verification (also available after selecting the “Return products” option at the bottom of the Store’s home page), by completing the interactive form posted there and following the instructions contained therein.

§ 16 FINAL PROVISIONS

1.

The Seller reserves the right to amend these Terms and Conditions, provided that:

 

1)

amendments concerning services of a continuous nature, e.g. the account service, shall bind the Customer only if the Customer has been notified of such amendments and has not terminated the agreement within 14 calendar days of notification;

 

amendments concerning services and performances of a one-off nature shall have no effect on agreements concluded before their introduction, e.g. they shall not affect Orders already placed or Orders in progress, or the manner of their performance.

3.

These Terms and Conditions do not exclude or limit any rights of the Consumer granted under mandatory provisions of law. In the event of any conflict between the provisions of these Terms and Conditions and mandatory provisions of law, the provisions of law shall prevail. Provisions less favourable to the Consumer than the provisions of the Act on Consumer Rights shall be invalid, and the provisions of that Act shall apply in their place.

1)

making these Terms and Conditions available on the principles set out in section 4 above;

2)

7.

The Terms and Conditions applicable before the date of entry into force of these Terms and Conditions are available for review here.