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Terms and conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

I. General provisions

  1. The AYA Coffee online store operates at https://aya.coffee and is run by AYA Coffee Sp. z o.o. with its registered office in Zielona Góra, Ul. Zamkowa 18/1, 65-086 Zielona Góra, NIP: 9292075511, REGON: 524466603, an entity entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Zielona Góra, 8th Commercial Division of the National Court Register under KRS number 0001019545.
  2. Contact details of the entrepreneur, enabling Customers to contact the Seller:
  • postal address: Ul. Zamkowa 18/1, 65-086 Zielona Góra
  • e-mail address: hello@aya.coffee
  1. These Terms and Conditions define the rules for using the Store, in particular:
  • a. the rules for registering and using an account within the Store, if such an option is provided;
  • b. the terms and conditions for placing Orders electronically within the scope of the Store’s activity;
  • c. the rules for concluding Sales Agreements using the services provided electronically within the scope of the Store’s activity.
  1. With regard to services provided electronically, these Terms and Conditions are the terms and conditions within the meaning of Article 8 of the Act on the provision of services by electronic means.
  2. Before placing an Order, each Customer of the Store is obliged to read the provisions of these Terms and Conditions, accept them in full and comply with them.
  3. The Customer of the Store is obliged in particular to:
  • a. use the Store in a manner consistent with the provisions of law in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the general principles of using the Internet.
  • b. not to deliver or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
  • c. using the Store in a manner that does not interfere with its functioning, in particular through the use of specific software or devices,
  • d. not taking actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,
  • e. using the Store in a manner that is not burdensome for other Customers and for AYA Coffee Sp. z o.o.,
  • f. using any content posted within the Store solely for personal use,
  1. The Customer is bound by the version of the Terms and Conditions in force on the date of placing the Order.
  2. The current version of the Terms and Conditions is valid from 1 December 2024.
  3. All information contained on the Store’s website relating to products, including information about the price of the Goods, does not constitute an offer within the meaning of Article 66 of the Civil Code, but an invitation to the Customer to conclude a contract referred to in Article 71 of the Civil Code.
  4. In order to use the Store, it is necessary to have a device (e.g. a computer, tablet, smartphone) with Internet access enabling browsing of websites, as well as a keyboard or other peripheral device enabling the correct completion of electronic forms. The Customer shall obtain access to the above-mentioned device and to the Internet on their own.
  5. Unless contrary to applicable law, the Seller reserves the right to limit the provision of services through the Store exclusively to persons who are at least 18 years of age. In such a case, potential Customers will be notified of this fact.
  6. The Seller reserves the right to remove old and post new information about the Goods, including changes in the prices of the Goods, to conduct and cancel promotional campaigns on the Store’s website, or to introduce changes to them, all without prior notification of the Seller’s intention to take such actions on the Store’s website.
  7. All Goods and names presented on the Store’s website are used for identification purposes only and may be registered trademarks.
  8. The Seller allows Buyers to post opinions about the Store, the Seller and the Goods sold in the Store on the Store’s website. Opinions may also be posted on external websites such as Facebook, YouTube, Instagram, on channels belonging to third parties cooperating with the Seller. The Customer may post an opinion on the Store’s website if they have used the Store’s offer. In the case of opinions posted on the Store’s website, the Customer is obliged to comply with the provisions of these Terms and Conditions.
  9. The Buyer should formulate opinions in a reliable, honest and factual manner, using correct language as far as possible and without using profanity or other words commonly considered offensive.
  10. It is prohibited to post opinions:
  • a. without first using the Store;
  • b. opinions that constitute unfair competition within the meaning of Article 3 of the Act of 16 April 1993 on combating unfair competition;
  • opinions that violate the personal rights of the Seller or a third party;
  • c. opinions posted by paid users in order to artificially increase the rating of the Goods.
  1. The Seller may at any time verify whether the opinions posted are in accordance with the Terms and Conditions, and in particular whether they come from Buyers who have actually purchased the Goods on which they are based. Buyers have the right to report their doubts and reservations about the opinions of other Buyers to the Seller by submitting the opinion for verification by the Seller. Upon receipt of a report from the Buyer, the Seller shall take appropriate measures, within its capabilities, to verify the opinion posted.
  2. If an opinion does not meet the requirements set out in the Terms and Conditions, the Seller may refuse to publish it or remove it.
  3. Through the Store, the Seller enables the Customer to conclude a contract for the delivery of digital content in the form of additional materials and information about products, for which the Customer does not pay any monetary fee, but provides the Seller with their personal data and agrees to receive the Newsletter.
  4. In order to conclude the contract referred to in the preceding paragraph, the Customer is required to fill in the appropriate form on the Store’s website and then confirm their subscription to the Newsletter by clicking on the confirmation link in the message sent to the email address provided in the form. The agreement is considered concluded when the User is shown a confirmation of subscription to the Newsletter on the website.
  5. The Customer may unsubscribe at any time. The provisions of Section XI of these Terms and Conditions apply to the processing of Data collected in connection with the delivery of digital content to the Customer.

II. Definitions

The terms used in these Terms and Conditions shall have the following meanings:

  1. Customer – within the meaning of these Terms and Conditions, this is the following entity:
    • a. a natural person who has legal capacity and is at least 13 years of age, and in the case of a person who is under 18 years of age or has limited legal capacity for other reasons, only if such person has obtained the appropriate consent of their legal representative or legal guardian,
    • b. a legal person,
    • an organisational unit that is not a legal person, to which specific provisions grant legal capacity, which entity purchases Goods by placing an Order within the scope of the Store’s activity;
  1. Seller – AYA Coffee Sp. z o.o. with its registered office in Zielona Góra, Ul. Zamkowa 18/1, 65-086 Zielona Góra, NIP: 9292075511, REGON: 524466603, an entity entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Zielona Góra, 8th Commercial Division of the National Court Register under KRS number 0001019545.
  2. Consumer – for the purposes of these Terms and Conditions, this is:
    • A consumer within the meaning of Article 22(1) of the Civil Code, i.e. a natural person who performs a legal transaction with an entrepreneur not directly related to their business or professional activity;
    • An individual entrepreneur referred to in Article 7aa of the Consumer Rights Act, within the scope specified in that provision, i.e. a natural person concluding a contract directly related to their business activity, where the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. In the absence of a distinction in these Terms and Conditions between the two groups of entities indicated above, the term ‘Consumer’ used in the Terms and Conditions refers to both of these entities.
  1. Data controller – the Seller processing Customer data for the purpose of performing contracts concluded with Customers as part of the Store’s business.
  2. Data – Information about Customers that Customers have voluntarily provided to the Seller in connection with using the Store’s offer.
  3. Newsletter – messages sent via email or other electronic media, addressed directly to the Customer, containing information about new products, promotions, products or services offered by the Seller, sent to the email address/messenger number provided by the Customer in the Form through which the Customer agrees to receive such messages.
  4. Shop – an online service operated by the Seller in the form of an Online Shop called ‘AYA Coffee’, available at https://aya.coffee/, through which the Customer may, in particular, place Orders for the Goods offered therein;
  5. Goods – products presented and sold in the Store, including electronic content, if such content is currently offered by the Store;
  6. Basket – an element of the Store where the Goods selected by the Customer are visible and where the Customer can determine and modify the Order details, including the quantity of Goods purchased;
  7. Order – a declaration of will by the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods;
  8. Sales Agreement – an agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer/Buyer, concluded using the website (Store);
  9. Terms and Conditions – this document constituting a set of regulations organising the rules for the use of the Store’s services by Customers, including the general terms and conditions of sale and, in accordance with Article 8 of the Act on the provision of electronic services, the rules for the provision of electronic services within the scope of the Store’s activities;
  10. Civil Code – the Act of 23 April 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended);
  11. Consumer Rights Act – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended);
  12. Act on the provision of electronic services – Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).

III. Procedure for concluding a Sales Agreement

  1. In order to conclude a Sales Agreement via the Store, go to the website https://aya.coffee.pl, select the Goods, and then place an Order by following the technical steps based on the messages displayed to the Customer and the information available on the website.
  2. The selection of the ordered Goods by the Customer is made by adding them to the Basket.
  3. During the placement of the Order – until the button confirming the placement of the Order is pressed – the Customer has the possibility to modify the entered data and the selected Goods. To do this, follow the messages displayed to the Customer and the information available on the website.
  4. After the Customer using the Store has provided all the necessary data, a summary of the Order placed will be displayed. The summary of the Order placed will include, among other things, a description of the selected goods or services, the total price and all other costs.
  5. In order to send the Order, it is necessary to accept the content of the Terms and Conditions, provide correct personal data marked as mandatory (necessary for the execution of the Order) and press the button confirming the placement of the Order. Placing an Order by the Customer does not require creating a user account and registering it in the Store.
  6. The sales contract is considered concluded upon receipt of the Order placed by the Customer in the Store’s IT system, provided that the Order complies with the provisions of the Terms and Conditions.
  7. After the conclusion of the contract, the Customer receives an e-mail containing confirmation of all essential elements of the Order.
  8. The sales contract is concluded in Polish, with content consistent with the provisions of the Terms and Conditions.
  9. The Order data and the general terms and conditions of the sales contract resulting from the provisions of the Terms and Conditions shall be recorded, secured and made available by e-mail.

IV. Delivery

  1. The ordered goods are delivered to the address specified by the Customer when placing the Order.
  2. The Store fulfils orders within Poland. If there is any deviation from this rule, it will be clearly indicated on the Store’s website.
  3. Delivery costs are indicated each time when placing an Order. The delivery cost specified at the time of placing the Order by the Customer is binding.
  4. The Customer cannot collect the goods in person; the Store only sells by mail order.
  5. The shipping time for Goods is 2 working days from the date of placing the Order by the Customer. The Seller shall make every effort to ensure that the delivery of the goods takes place within the time specified in these Terms and Conditions or on the product card. If it is not possible to deliver the Goods within the above-mentioned time, the Customer will be immediately informed by the Seller.
  6. If the shipping time of the Goods is longer than specified above, this is indicated on the product card.
  7. The delivery of the Goods is carried out by a courier company selected by the Seller. The Seller reserves the right to change the courier company, even after the conclusion of the Agreement with the Customer, in which case the shipping cost remains unchanged.
  8. When the goods are handed over to the courier company, the Customer is notified of this fact by sending an email to the address provided in the order. The Customer can track the status of their order via a link in the order confirmation email.
  9. The Seller shall not be liable for delays in Delivery resulting from the fault of the carrier or circumstances beyond the Seller’s control.
  10. The cost of delivery of the goods in the case of cash on delivery shall be borne in full by the Customer.
  11. When collecting the parcel with the Goods from the courier, the Customer is obliged to confirm receipt and, in the presence of the courier, assess the condition of the parcel and the Goods delivered therein, as well as the conformity of the Goods with the Order placed.
  12. If, upon inspection of the Goods in the presence of the courier, the Customer finds that the package or the Goods show signs of damage, they should draw up a complaint report containing a description of the damage. In such a case, the Goods subject to complaint, together with the sales invoice, should be returned to the courier. If the package contains more than one item, all items must be returned. In such a case, the transport costs shall be borne by the Seller. When the Goods are returned to the Store’s warehouse and the complaint is confirmed, the Goods will be replaced with new ones and sent to the Customer at the Seller’s expense.
  13. If damage to the Goods is discovered at a later date, the complaint procedure described in Chapter VIII of these Terms and Conditions, entitled ‘Complaints about Goods’, shall be followed.
  14. The Goods become the property of the Customer upon acceptance of the Goods and confirmation of receipt from the courier.

V. Price

  1. The prices of all Goods visible on the Store’s website are gross prices, i.e. they include VAT (at the current rate), as well as customs duties and other similar charges, if the Goods are subject to them.
  2. The prices of all Goods are expressed in Polish zlotys. Any deviations from the Polish currency rule are clearly indicated.
  3. The prices displayed on the Store’s website are for information purposes only and do not constitute an offer within the meaning of Article 66 of the Civil Code. They become binding for the purposes of concluding a specific contract only upon confirmation of acceptance of the Order for execution by the Seller.
  4. The price given for each product is valid until stocks are exhausted.
  5. The prices given for each product do not include transport costs and additional fees related to the Customer’s choice of payment method, if such fees apply, of which the Customer will be informed each time before placing the final order.
  6. The Seller reserves the right to change the prices of goods presented in the Online Store without prior notice.
  7. Discount codes (coupons) and vouchers are valid for products at regular and promotional prices. When placing an order, the Buyer may use only one discount code or voucher at a time. During special sales (e.g. Black Week), where prices are significantly reduced, the Seller reserves the right to exclude the use of discount codes and vouchers for the duration of the promotion.

VI. Payment Methods

  1. The Customer may pay for the purchased Goods in the following ways:
  • a. by bank transfer (prepayment to the Seller’s account)
  • b. cash on delivery
  • c. and also via one of the transaction systems available in the Store.
  1. The Seller reserves the right to temporarily disable certain payment methods without amending these Terms and Conditions.
  2. Bank transfer – when transferring money by traditional bank transfer or online transfer, the Customer shall not incur any additional costs on the part of the Seller. The order shall be processed immediately after the funds are credited to the Seller’s account.
  3. Cash on delivery – unless otherwise specified in the delivery price list, when choosing this method, the Customer may be charged an additional collection fee depending on the carrier’s price list, added to each shipment, and the Customer shall be informed of any additional costs associated with choosing cash on delivery each time when placing an Order.
  4. Payment via one of the transaction systems available in the Store – the Customer does not bear any additional costs related to this payment method. The order is processed immediately after the Seller’s account is credited in the transaction service through which the Customer made the payment.
  5. The Customer is obliged to pay the final price, which is the sum of the purchase price of the goods plus transport costs, and in the case of cash on delivery, plus the flat-rate collection fee referred to in point 3.

VII. Right to withdraw from the contract

  1. A customer who is:
  • A consumer within the meaning of 22(1) of the Civil Code, i.e. a natural person who performs a legal transaction with http://aya.coffee not directly related to their business or professional activity, or a person specified in Art. 7aa of the Consumer Rights Act, i.e. a natural person concluding a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity, who has concluded a distance contract or an off-premises contract with the Seller, has the right to withdraw from this contract within 14 days from the date of delivery of the Goods. Information on the right to withdraw from the contract constitutes Appendix No. 1 to these Terms and Conditions and is consistent with the model instruction referred to in Article 13 of the Consumer Rights Act.
  1. The Customer withdrawing from the Sales Agreement does not have to indicate any reason for withdrawing from the Agreement.
  2. In order to exercise the right to withdraw from the agreement, the Customer must send the Seller an unequivocal statement on exercising their right to withdraw from the agreement by sending this statement to the Seller:
    • by e-mail to the Seller’s e-mail address, i.e. hello@aya.coffee, the date of sending the correspondence shall be decisive;
  3. In order to prepare a statement of withdrawal from the contract, the Customer may use the Form provided by the Seller, but this Form is not mandatory. The form of the statement of withdrawal from the contract constitutes Appendix No. 2 to these Terms and Conditions.
  4. The deadline for withdrawal from the Agreement expires after 14 days from the date on which the Customer came into possession of the Goods or on which a third party other than the carrier and indicated by the Customer came into possession of the Goods. A statement of withdrawal from the agreement submitted after the expiry of the 14-day period shall have no legal effect. Article 61 of the Civil Code shall apply in this case.
  5. Information on the right to withdraw from the contract and the withdrawal form shall be provided to the Customer in electronic form, as an attachment to the electronic correspondence confirming acceptance of the Order for execution, and in paper form as documentation attached to the shipment.
  6. The right to withdraw from the contract does not apply to services and goods referred to in Article 38 of the Consumer Rights Act, in particular:
    • a. items that are subject to rapid deterioration or have a short shelf life;
    • b. items delivered to the Customer in sealed packaging which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery, e.g. oral hygiene products, even if the packaging was only opened to check the contents;
    • c. items which, after delivery, due to their nature, are inseparably connected with other items, e.g. spare parts, accessories, consumables, etc.
  7. In the event of withdrawal from the contract by the Customer, the Customer is obliged to return the Goods to the Seller at the following address: AYA Coffee Sp. z o.o., ul. Kawowa 12, 62-330 Nekla.
  8. The Customer is responsible for properly securing the Goods returned to the Seller.
  1. The Customer should return the goods immediately, but no later than within 14 days from the date on which they informed the Seller about their withdrawal from the Sales Agreement. The above deadline is met if the package containing the returned Goods was posted at a post office or handed over to a courier before the expiry of that deadline.
  2. The Customer shall bear the costs of returning the Goods to the Seller (e.g. shipping costs, packaging costs, securing the Goods for shipment).
  3. The Customer withdrawing from the contract shall be liable for any reduction in the value of the goods resulting from their use in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
  4. In the event of withdrawal from this contract, the Seller shall return to the Customer all financial resources received from them in connection with the performance of the Contract, including the costs of delivery of the Goods, whereby the delivery costs shall be refunded only up to the amount of the cheapest standard method of delivery of the Goods offered by the Seller on the date of placing the order.
  5. The Seller shall refund the funds in the same manner in which the Customer made the payment in connection with the Order. The Seller, in agreement with the Customer, may determine a different method of refunding the funds. The Customer shall not bear any costs related to the refund of funds by the Seller.
  6. The Seller reserves the right to withhold the refund to the Customer until the Goods are received or until the Customer provides proof of return of the Goods, whichever occurs first.
  7. In the event of returning Goods covered by a promotion, i.e. Goods to which extras, freebies or accessories (e.g. a book, milk jug, milk frother, glasses, bottle, coffee, etc.) were included as part of the promotional offer, the Customer is also obliged to return these extras. If the promotional extras are not returned, the store will refund the Customer the price of the goods minus the value of the extra in accordance with its regular catalogue price as stated on our store’s website.
  8. In the event of returning Goods from a promotional set (e.g. coffee machine + milk frother), the Customer is obliged to return the entire set. In the event of refusal to return Goods included in a promotional set, the Store will refund the Customer the price of the Goods minus the value of the retained goods in accordance with their regular price offered in the Store.

VIII. Complaints regarding Goods

  1. The Seller is obliged to deliver Goods to the Store’s Customers in accordance with the contract / free from defects.
  2. If, after the transfer of ownership of the Goods to the Customer, the Customer finds that the Goods are not in accordance with the contract within the meaning of Article 43b of the Consumer Rights Act, or the Goods have defects within the meaning of Article 556 et seq. of the Civil Code, the Customer may lodge a complaint with the Seller, whereby in the case of a Customer:
    • a. who is a Consumer within the meaning of Article 22(1) of the Civil Code, i.e. a natural person who performs a legal transaction with an entrepreneur not directly related to their business or professional activity – the complaint shall be considered on the basis of the provisions of the Consumer Rights Act;
    • b. an individual entrepreneur referred to in Article 7a of the Consumer Rights Act, within the scope specified in that provision, i.e. a natural person concluding a contract directly related to their business activity, where the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity – the complaint shall be considered on the basis of the provisions of the Consumer Rights Act;
    • c. being an entity other than that indicated in points 2.a. and 2.b. – the complaint shall be considered on the basis of the provisions on warranty for defects in goods contained in the Civil Code.
  3. Differences between the appearance of the Goods presented on the Store’s website and the appearance of the Goods delivered to the Customer, resulting from changes in the graphic design of the packaging, do not constitute grounds for a complaint about the purchased Goods.
  4. In the case of Customers indicated in points 2.a. and point 2.b. of this Chapter, the Seller shall be liable for any non-compliance of the Goods with the contract existing at the time of delivery of the Goods and disclosed within 2 years from that moment, unless the shelf life of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer, i.e. on the terms specified in Article 43a et seq. of the Consumer Rights Act.
  5. In the case of Customers referred to in point 2.c. of this Chapter, the Seller shall be liable under the warranty for defects in the goods sold on the terms provided for in Article 556(1) et seq. of the Civil Code
  6. The Customer referred to in point 2.c. of this Chapter shall lose their rights under the warranty if they have not examined the goods in time and in the manner customary for goods of this type and have not notified the Seller immediately of the defect, and if the defect only became apparent later, if they have not notified the Seller immediately after discovering it. If the defect is not reported, the goods shall be deemed accepted. The above shall not apply in the event of fraudulent concealment of the defect by the Seller.
  7. Complaints should be submitted in one of the following ways:
  •  
  • by e-mail to the Seller’s e-mail address, i.e. hello@aya.coffee, the date of sending the correspondence shall be decisive;
  1. In the complaint, the Customer should:
    • a. specify in what way, in their opinion, the goods do not comply with the contract, or indicate the type of defect in the goods (depending on the provisions on the basis of which the complaint will be considered), and, if possible, document this non-compliance/defect;
    • b. indicate the date on which they found the non-compliance of the Goods with the contract/defect in the Goods;
    • c. specify the request as to how the non-compliance of the Goods with the contract/defect in the Goods should be remedied, i.e. replacement of the goods with new ones, repair of the goods or, depending on whether the conditions provided for by law are met, a price reduction or withdrawal from the contract;
    • d. provide contact details that will enable the Seller to respond to the complaint;
    • e. provide the Order number appearing in the Order confirmation;
    • f. send the original or a copy of the proof of purchase (e.g. receipt or invoice), although this is not necessary for the complaint to be considered.

The above elements of the complaint are only recommendations on the part of the Seller and do not constitute a condition for the Seller to accept the complaint for consideration.

  1. The Customer is obliged to make the Goods subject to complaint available to the Seller. The transport of the Goods subject to complaint shall be at the expense of the Seller via a courier company of its choice, unless the Seller has informed the Customer that the Goods will be collected by the Seller or a person authorised by the Seller. The Seller does not accept cash on delivery parcels.
  2. The Seller shall respond to the complaint within 14 days of receiving it. The Seller’s response shall be provided to the Customer in writing and sent to the address indicated by the Customer in the complaint.

IX. Additional guarantees for the sale of Goods in the Store

  1. The Seller is also the manufacturer of the Goods available in the Store.
  2. As the manufacturer, the Seller provides an additional quality guarantee for the Goods it manufactures. The detailed terms and conditions of the guarantee provided by the manufacturer are specified in each case in the guarantee card attached to the Goods.
  3. The warranty provided by the Seller does not exclude, limit or suspend the Customer’s rights under the law regarding the Customer’s rights arising from the non-compliance of the Goods with the contract or under the warranty.

X. Complaints regarding the provision of electronic services

  1. The Seller shall take measures to ensure the fully correct operation of the Store, to the extent resulting from the current state of technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
  2. The Customer may notify the Seller of any irregularities or interruptions in the functioning of the Online Store. Irregularities related to the functioning of the Store should be reported by email to: hello@aya.coffeel
  3. In a complaint concerning irregularities related to the functioning of the Store in the scope of services provided by electronic means, the Customer should indicate the type and dates of the irregularities identified by the Customer.
  4. The Seller undertakes to respond to the complaint immediately, no later than within 14 days from the date of its submission.
  5. The Seller shall not be liable for any damage or harm resulting from the improper operation of the server on which the Store’s online platform is located; this applies in particular to the effects of errors in the operation of websites, lack of access to them and other failures, damage or disruptions in the functioning of online services.

XI. Protection of personal data

  1. Placing an order in the Store is tantamount to consenting to the storage and processing by the Seller of personal data contained in the order, in accordance with applicable law, including the provisions of the Consumer Rights Act.
  2. Telephone conversations and electronic and paper correspondence conducted in connection with the Store’s activities may be recorded and archived. Disclosure of any details resulting from these conversations or correspondence is not allowed, unless with the express consent of the sender and the addressee, or when it’s needed because of a claim made by the Seller, especially against the addressee or sender, or when it’s needed because of the law and at the request of an authorised state body.
  3. The Seller informs that the Customer’s personal data will be processed solely for the purpose of effectively confirming receipt and acceptance of the Order for execution and delivery of the Goods to the address indicated by the Customer. With the Customer’s consent, their personal data will also be processed for the purpose of providing information materials and marketing offers in the form of a newsletter.
  4. The Customer has the right to access the personal data stored by the Seller, to change it or to completely remove it from the system in situations permitted by applicable law.
  5. The Privacy Policy available at https://aya.coffee/polityka-prywatnosci/ indicates what personally identifiable information the Seller may collect and how it may be used.
  6. The Seller declares that it will make every effort to ensure the security of communication and data in connection with the services provided within the Store, which should be understood as meaning that it uses technical and organisational measures appropriate to the level of security risk of the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transmitted over the Internet.
  7. The Seller, as the Data Controller, shall not be liable for any damage or harm caused by its actions or omissions resulting from the Customer providing incorrect data.

XII. Out-of-court complaint handling and redress procedures

  1. Please be advised that there are possibilities to use out-of-court complaint and redress procedures. The use of these procedures is voluntary and can only take place if both parties to the dispute agree to it.
  • The consumer may request the initiation of proceedings for out-of-court settlement of consumer disputes concerning the concluded Sales Agreement to the Trade Inspection Authority, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended).
  • The consumer may also request that a dispute concerning the concluded Sales Agreement be examined by a permanent arbitration court operating at the relevant provincial inspectorate of the Trade Inspection, in accordance with Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended).
  • The European Commission also provides a platform for online dispute resolution between consumers and traders (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
  1. Detailed information on consumer dispute resolution, including the possibility for consumers to use out-of-court complaint and redress procedures and the rules for accessing these procedures, is available at the offices and on the websites of the provincial inspectorates of the Trade Inspection Authority and at the following website:

XIII. Final provisions

  1. The court having jurisdiction to settle disputes with Consumers is the court having jurisdiction according to the applicable provisions of the Code of Civil Procedure.
  2. Any disputes arising between the Seller and a Customer who is not a Consumer within the meaning of the Civil Code shall be settled by the court having jurisdiction over the Seller’s registered office.
  3. In matters not covered by these Terms and Conditions, the provisions of applicable law shall apply, in particular the provisions of the Act of 23 April 1964. Civil Code (consolidated text Journal of Laws of 2014, item 121, as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
  4. In the event of any conflict between these Terms and Conditions and the rights of Customers under generally applicable law, the generally applicable provisions of Polish law shall apply.
  5.  

Appendix No. 1

INFORMATION ON THE RIGHT TO WITHDRAW FROM THE CONTRACT / INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT.

Right to withdraw from the contract

You have the right to withdraw from this contract within 14 days without giving any reason. The above deadline for withdrawal expires after 14 days, counting this period in one of the following ways:

  • a. from the date on which you came into possession of the goods or on which a third party other than the carrier and indicated by you came into possession of the goods – in the case of a contract for the transfer of ownership of goods (e.g. a sales contract, a delivery contract or a contract for work involving movable property);
  • b. from the date on which you came into possession of the last item or on which a third party other than the carrier and indicated by you came into possession of the last item – in the case of a contract for the transfer of ownership of multiple items that are delivered separately;
  • c. from the date on which you came into possession of the last batch or part or on which a third party other than the carrier and indicated by you came into possession of the last batch or part – in the case of a contract obliging the transfer of ownership of items delivered in batches or in parts;
  • d. from the date on which you came into possession of the first item or on which a third party other than the carrier and indicated by you came into possession of the first item – in the case of contracts for the regular delivery of items for a specified period.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement (e-mail), stating your name, full postal address and, if available, your telephone number and e-mail address.

You may use the model withdrawal form, but this is not mandatory. You may also complete and submit the withdrawal form or any other unambiguous statement by email to hello@aya.coffee. If you choose this option, we will immediately send you confirmation of receipt of your withdrawal on a durable medium, for example by email.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal from the contract

If you withdraw from this contract without giving any reason, we will refund all payments received from you, including the costs of delivery to you, with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us. The refund will be made immediately, and in any case no later than 14 days from the date on which we were informed of your decision to exercise your right to withdraw from this contract.

We will refund your payment using the same payment method you used for the original transaction, unless you have expressly agreed to a different solution; in any case, you will not incur any fees in connection with this refund.

We may withhold the refund until we receive the item or until you provide proof of its return, whichever occurs first.

Please return or hand over the item to us immediately, and in any case no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the 14-day period expires. Please return the goods to the following address: AYA Coffee Sp. z o.o., ul. Kawowa 12, 62-330 Nekla.

You will have to bear the direct costs of returning the goods. The cost of returning the goods to us will therefore not be refunded to you.

You are only responsible for any reduction in the value of the goods resulting from their use in a manner other than what is necessary to establish the nature, characteristics and functioning of the goods.

Return of goods covered by the promotion

In the event of returning goods to which, as part of a promotional offer, extras, free gifts or accessories (e.g. a book, milk jug, milk frother, glasses, bottle, coffee, etc.) were included, you are also obliged to return these extras. If you refuse to return the promotional extras, the Store will refund you the price of the goods minus the value of the extra in question, based on its regular catalogue price as listed on our website.

In the event of returning goods from a promotional set (e.g. coffee machine + milk frother), you are obliged to return the entire set. In cases of refusal to return, use, wear or unpacking of accessories included in the promotional set, we will refund the price of the goods minus the value of the retained goods in accordance with their regular catalogue price, as stated on our website.

Pursuant to Article 38 of the Consumer Rights Act, the right to withdraw from a contract concluded outside the business premises does not apply to, among other things, unpacked or used oral hygiene products. Devices such as toothbrushes are hygiene products which, once used or unpacked, even if only for inspection purposes, lose their hygienic properties. For health protection reasons, such products cannot be returned to the store.

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