Terms and Conditions

Terms and Conditions of the PESPONET Online Store
Effective from May 1, 2025

§1. Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

  1. Seller – PESPO Piotr Spolitak, a company registered at Spacerowa 18, 25-026 Kielce, Poland, NIP: 9590804105, REGON: 292895476.

  2. Store – The online store PESPONET, operated at https://pesponet.shop, through which PESPO Piotr Spolitak provides electronic services related to distance selling.

  3. Buyer – A natural person with full legal capacity, or in cases provided for by applicable law, a natural person with limited legal capacity, as well as a legal entity or an organizational unit without legal personality but granted legal capacity by law, making purchases in the Store.

  4. Consumer – A natural person entering into a legal transaction with an entrepreneur that is not directly related to their business or professional activity, as defined in Article 22(1) of the Polish Civil Code.

  5. Account – A personal administrative and informational panel of the Buyer in the Store, protected by an individual password, created during the Buyer’s registration process, where information about the Buyer, including their orders, is stored.

  6. User – A Buyer who has registered an individual Account in the Store.

  7. Terms and Conditions – These Terms and Conditions governing the use of the Store and the provision of electronic services related to placing orders for goods offered in the Store, as referred to in Article 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services.

  8. Distance Contract – A contract concluded between the Seller and the Buyer through the Store without the simultaneous physical presence of the parties, using electronic means of communication.

§2. Electronic Services

  1. The Seller provides electronic services related to distance selling of goods through the Store.

  2. The Buyer places orders for goods offered by the Seller through the Store in accordance with these Terms and Conditions, as applicable on the date of placing the order, and in compliance with generally applicable laws.

  3. Goods offered by the Seller are brand new, free from physical or legal defects, and legally introduced into circulation within the European Union. All goods have been acquired from authorized entities in accordance with applicable law and are stored under conditions specified by relevant regulations. The Seller also offers outlet sales of appropriately labeled used goods or goods returned by consumers, which may show signs of use, testing, be incomplete, damaged, or have manufacturing defects. Such goods are clearly marked and described as outlet items.

  4. Goods ordered from the Seller will be delivered in accordance with the terms specified in the Store under the “Shipping Policy” section and in these Terms and Conditions.

  5. Payments for goods ordered in the Store can be made as described in these Terms and Conditions.

  6. The costs of delivering purchased goods are specified in the Store under the “Shipping Policy” section.

  7. Prices of goods in the Store are gross prices, expressed in the currency selected by the Buyer (PLN or another available currency based on the Store’s settings). Prices include VAT applicable to the transaction in accordance with EU regulations but do not include delivery costs, which are indicated separately before the order is placed and depend on the chosen delivery method and destination. Currency conversions, if applicable, are calculated based on the average exchange rate published by the European Central Bank on the day the order is placed or the rate provided by Shopify Payments.

  8. The Seller reserves the right to, at any time:

    • Limit or change selected payment methods;

    • Limit or change delivery methods;

    • Limit orders based on a specific value or quantity of goods.
      Changes to the above do not affect orders placed prior to the implementation of such changes.

  9. To use the Store, particularly to make a purchase, the Buyer must have an active email account and a device connected to the Internet with the following minimum technical requirements:

    • Internet access;

    • A standard operating system;

    • A standard web browser.

  10. The Buyer is prohibited from:

  • Providing content that is unlawful;

  • Using the Store in a manner that disrupts its operation, including using harmful software or devices;

  • Using the Store in a way that hinders its use by other customers or the Seller;

  • Using the Store in a manner inconsistent with these Terms and Conditions or the principles of Internet usage.

  1. The Buyer is subject to the version of the Terms and Conditions in force on the date of placing the order. The Seller reserves the right to amend the Terms and Conditions, but such amendments do not affect orders placed before the changes take effect.

§3. Intellectual Property Rights

  1. All names of goods, brands, and graphic symbols used in the Store are the property of their respective manufacturers, responsible entities, the Seller, or other authorized parties.

  2. The content of the Store, including photos, product descriptions, informational content, graphics, and logos, is the property of the Seller or used under licenses granted to the Seller by third parties. The Seller does not consent to the copying of such content. Copying content without the Seller’s consent will be treated as a violation of applicable law.

§4. Placing Orders

  1. The Buyer may place orders in the Store as a registered customer or as a guest.

  2. A prerequisite for the Seller to process an order is the Buyer providing all information required in the order form. The Seller may contact the Buyer or the order recipient via email or telephone.

  3. Finalizing an order by clicking the “Pay Now” button obliges the Buyer to pay for the selected goods and delivery in accordance with the chosen options. Once this option is selected, the order is finalized, and its contents cannot be modified. A finalized order cannot be combined with another order. However, the Buyer may contact the Seller to request modifications before the order is shipped, subject to the Seller’s discretion.

  4. Selecting the “Pay Now” option results in the conclusion of a sales contract between the Seller and the Buyer for the goods listed in the order confirmation.

  5. The transaction price is the price applicable at the time of order confirmation.

  6. A Buyer who has confirmed an order with an obligation to pay must make the payment for the ordered goods and delivery within 7 (seven) days from the date of receiving the order confirmation. Failure to make payment within 7 days will result in the cancellation of the order, and the Buyer will be informed of the cancellation via email.

  7. The Seller will inform the Buyer via email of the estimated order processing time upon order confirmation.

  8. The Seller will make every effort to prepare and ship the order as soon as possible, but no later than within 3 (three) business days from:

    • The receipt of payment for the order made via instant online transfer, traditional bank transfer, or credit/debit card;

    • The placement of the order – in the case of selecting cash on delivery payment.

  9. The Seller reserves the right to refuse to fulfill part or all of an order in the following cases:

    • The Buyer incorrectly filled out the electronic order form;

    • The ordered goods have been withdrawn from circulation;

    • Fulfilling the order would violate applicable law;

    • Force majeure events, such as natural disasters, strikes, or legal restrictions, prevent fulfillment.

  10. If the Seller is unable to fulfill the order due to objective or incidental reasons (e.g., damaged goods, inventory discrepancies), the Seller will notify the Buyer via email within 5 (five) business days from the date of order placement. The Seller will refund the full amount paid, including delivery costs, within 5 business days.

  11. By accepting these Terms and Conditions as part of concluding a sales contract, the Buyer consents to the issuance and provision of receipts, invoices, and corrective invoices in electronic form. Consent to receiving invoices electronically is equivalent to waiving the receipt of paper invoices.

  12. An electronic invoice will be generated by the Store upon shipment of the order and sent via email to the address provided by the Buyer during order placement or Account registration. Registered Buyers can download the invoice at any time after logging into their Account. Sending a receipt, invoice, or corrective invoice by the Seller in PDF format or as a link is equivalent to the Buyer receiving these documents. Links to invoices will remain active for at least 12 months to ensure accessibility.

  13. The Store reserves the right to issue invoices in paper form. A printed invoice will be included in the shipment with the delivered goods.

  14. Creating and maintaining an Account in the Store is free of charge and indefinite. An Account is created by completing the electronic form and accepting these Terms and Conditions. The Account may be deleted at the Buyer’s request, which should be sent to the email address pesponet@outlook.com. The Account will be deleted within 3 business days from the receipt of the request by the Seller.

§5. Delivery and Payment

  1. The Buyer makes payment for the ordered goods and delivery using the payment methods available in the Store, which are processed through Shopify Payments or other integrated payment systems. Available payment methods may include: payment by credit/debit card, instant online transfer (e.g., Przelewy24, depending on the region), and traditional bank transfer. The Seller may change the available payment methods based on current technical and legal possibilities.

  2. Goods purchased by the Buyer are delivered through one of the following methods chosen by the Buyer:

    • Shipment via courier service (DPD or InPost);

    • Shipment to a selected DPD parcel locker;

    • Shipment to a selected InPost parcel locker;

    • Shipment to a DPD PickUp point.

  3. The delivery method is selected by the Buyer through the electronic order form in the Store.

  4. The delivery time via courier service is not controlled by the Seller. The terms of delivery for all available courier services are described in the “Shipping Policy” section. Delivery will be made no later than 30 days from the date of order placement, unless otherwise agreed with the Buyer. If the shipment is not delivered, the Buyer may report this to the Seller via email or telephone. The Seller will promptly contact the carrier to determine the cause of the delay and inform the Buyer of the findings via email or telephone.

  5. If the failure to deliver the shipment on time is due to the Buyer’s fault (e.g., incorrect address, refusal to accept), the Seller will redeliver the order after the Buyer covers the redelivery costs as per the current delivery price list. The Seller will inform the Buyer of these costs prior to redelivery.

  6. If the Buyer notices that the shipment shows signs of damage, they have the right to refuse to accept it. The Buyer should inform the Seller of the refusal via email or telephone.

  7. In the event of a refusal to accept the shipment due to damage, the Seller will verify the reported damage with the carrier. Upon verification, the Seller will promptly:

    • Resend the ordered goods to the Buyer; or

    • Refund the order value and delivery costs to the Buyer’s bank account.

  8. In the case of a documented loss of the shipment, the Seller will refund the Buyer the full amount paid, including delivery costs, within 10 (ten) business days from the date of the loss report.

§6. Complaints

  1. The Seller is obliged to deliver goods free from defects.

  2. The Seller is liable to the Buyer if the sold product has a physical or legal defect (warranty for defects) under the provisions of the Polish Civil Code (Articles 556-576).

  3. If the purchased goods are defective, the Buyer may withdraw from the contract, request a replacement with defect-free goods, or demand a price reduction, unless the defect is insignificant. If the defect is insignificant, the Buyer may still demand repair or a price reduction.

  4. Complaints will be processed within 14 days from the date of receipt. The Seller will inform the Buyer of the outcome of the complaint via email or in writing.

  5. Complained goods must be sent to the Seller along with a completed “Complaint Form,” which is attached as Annex No. 2 to these Terms and Conditions. The goods should be sent or delivered in a manner that ensures protection against further damage to the address: PESPO Piotr Spolitak, Spacerowa 18, 25-026 Kielce, Poland. If the complaint is upheld, the Seller will cover the cost of shipping the complained goods.

  6. The Seller does not accept cash-on-delivery shipments for complaints.

§7. Out-of-Court Complaint and Redress Mechanisms

  1. A Consumer has the right to use out-of-court methods for handling complaints and pursuing claims, including:

    • Requesting resolution of a dispute arising from the concluded sales contract by a permanent consumer arbitration court;

    • Requesting mediation proceedings from the regional inspector of the Trade Inspection Authority to amicably resolve a dispute between the Buyer and the Seller;

    • Seeking assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.

  2. More detailed information on out-of-court methods for handling complaints and pursuing claims can be found at http://polubowne.uokik.gov.pl.

  3. A Consumer may also use the EU Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/consumers/odr, which facilitates out-of-court resolution of disputes between consumers and businesses concerning contractual obligations arising from online sales or service contracts.

  4. A Consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without stating a reason within 14 days from the date of taking possession of the purchased goods.

  5. The Seller agrees to participate in out-of-court dispute resolution with Consumers.

§8. Withdrawal from the Contract and Returns

  1. Goods must be returned within 14 days from the date on which the Buyer withdraws from the contract.

  2. The Buyer bears only the direct costs of returning the goods.

  3. In the event of withdrawal from the contract, the Seller will refund the Consumer all payments received, including the cheapest delivery cost available in the Store (if the Buyer covered the delivery cost). The refund will be made promptly, no later than 14 days from the date the Seller receives the returned goods or proof of their dispatch, whichever occurs first.

  4. A Consumer may withdraw from part or all of the ordered goods by sending a “Withdrawal Statement,” a template of which is attached as Annex No. 1 to these Terms and Conditions, within 14 days from the date of receiving the shipment. The statement should be sent to the email address pesponet@outlook.com or in writing to: PESPO Piotr Spolitak, Spacerowa 18, 25-026 Kielce, Poland.

  5. The Buyer is obliged to return the goods in a condition enabling their resale, with all components included. The returned goods should be carefully and securely packaged for shipment. The Buyer is liable for any diminished value of the goods resulting from use beyond what is necessary to establish their nature, characteristics, and functioning.

  6. The Buyer should mark the return shipment with the note “RETURN OF GOODS.” Return shipments should be sent to: PESPO Piotr Spolitak, Spacerowa 18, 25-026 Kielce, Poland.

  7. The right to withdraw from the contract does not apply to a Consumer if the purchased goods were delivered in sealed packaging and, after opening, cannot be returned due to health protection or hygiene reasons (e.g., if the seal has been broken).

§9. Data Protection

  1. The Seller, PESPO Piotr Spolitak, is the data controller of the Buyer’s personal data.

  2. The Buyer’s personal data is processed for the following purposes and on the following legal bases:

    • Conclusion and performance of the contract – Article 6(1)(b) GDPR;

    • Fulfillment of tax and accounting obligations – Article 6(1)(c) GDPR;

    • Defense, pursuit, or establishment of claims related to the contract, which is a legitimate interest of the Seller – Article 6(1)(f) GDPR;

    • Identification of returning customers, which is a legitimate interest of the Seller – Article 6(1)(f) GDPR;

    • Handling inquiries from Buyers prior to concluding a contract, which is a legitimate interest of the Seller – Article 6(1)(f) GDPR;

    • Sending newsletters, upon prior consent – Article 6(1)(a) GDPR.

  3. Recipients of the Buyer’s personal data include: courier companies, tax authorities, accounting offices, legal firms, hosting providers, invoicing system providers, CRM system providers, and mailing system providers.

  4. The Buyer’s personal data will be stored for the period necessary to fulfill the contract and until the expiration of the limitation period for claims arising from the contract, unless the Buyer consents to longer storage for the purpose of identifying returning customers. Accounting documentation containing the Buyer’s personal data will be stored for the period required by applicable law.

  5. The Buyer has the following rights related to the processing of personal data: the right to request access to personal data, their rectification, erasure, restriction of processing, the right to object to processing, the right to data portability, and the right to lodge a complaint with a supervisory authority (e.g., the President of the Personal Data Protection Office in Poland).

  6. Providing personal data by the Buyer is voluntary but necessary to contact the Seller, create a user account, conclude a contract, or subscribe to the newsletter.

  7. The Store uses cookie technology. Detailed information about the types of cookies used and how to disable them is available in the Store’s Privacy Policy.

§10. Contact

If the Buyer has any questions or issues regarding the use of goods purchased in the Store, they may contact the Seller via email at pesponet@outlook.com or by phone at +48 602 535 163 or +48 604 356 103. Telephone support is available Monday to Friday, from 10:00 to 18:00. Written correspondence may be sent to: PESPO Piotr Spolitak, Spacerowa 18, 25-026 Kielce, Poland.

Attachments:

  • Annex No. 1: Withdrawal Form, available for download in PDF format.

  • Annex No. 2: Complaint Form, available for download in PDF format.

If you have any questions about these Terms and Conditions, please contact us at pesponet@outlook.com.