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Terms And Conditions

  1. §1. General Provisions

    1. The owner and operator of the online store foundationcoffee.pl, available at www.foundation.pl, is Foundation Coffee Roasters sp. z o.o., headquartered in Warsaw at ul. Franciszkańska 3/35, 00-233 Warsaw, entered in the National Court Register under KRS 0001014694, VAT ID 5252940403, share capital PLN 450 000.00 (“Service Provider” or “Seller”), e-mail: [email protected], tel. +48 517 393 325
    2. These Terms and Conditions (“T&C”) govern the provision of electronic services and the sale of Goods by the Seller via the Store, as well as the rights and obligations of the Customer and the Service Provider.
    3. Users must read these T&C before using the Store.
    4. The Store enables Users to download, save, and print these T&C.

  2. §2. Definitions

    Capitalized terms used herein shall have the following meanings:

    1. Business Days – Monday through Friday, excluding public holidays;
    2. Order Form – the form on the Store’s website used to place an Order;
    3. Civil Code – the Act of April 23, 1964 (with later amendments);
    4. Consumer – an adult natural person with full legal capacity purchasing not directly in connection with their business or profession;
    5. Account – a user’s login (username and password) and data storage area in the Provider’s IT system, including Order history;
    6. Customer – any natural person with legal capacity (or limited capacity where permitted), legal entity, or unincorporated organization placing an Order;
    7. Newsletter – periodic information e-mail sent at the User’s request;
    8. Store – the online store at domain foundation.pl;
    9. T&C – these Terms and Conditions;
    10. Seller / Service Provider – Foundation Coffee Roasters sp. z o.o.;
    11. Subscription – a scheme under which the Customer receives specified Goods monthly until cancellation;
    12. Goods – movable items or services offered for sale via the Store;
    13. Sales Agreement – the contract of sale of Goods under the Civil Code;
    14. Services – electronic services provided by the Seller under the Act on the Provision of Electronic Services of July 18, 2002 (as amended);
    15. Service Recipient – any natural person (with full or limited capacity), legal entity, or unincorporated organization using or intending to use the Services;
    16. User – any person browsing or purchasing via the Store;
    17. Consumer Rights Act – the Act of May 30, 2014 on Consumer Rights (with later amendments);
    18. Order – the Customer’s declaration of intent to conclude a Sales Agreement, specifying Goods or a Subscription.

  3. §3. Scope of Application

    1. These T&C set out the rules for using the Store, provision of Services, and sale of Goods.
    2. The T&C are available at foundation.pl.
    3. Using the Store requires reading and accepting these T&C; acceptance constitutes confirmation of receipt of the information required under Art. 12 of the Consumer Rights Act.
    4. Recommended browsers: current versions of Edge, Firefox, Chrome, Opera (v. 40+), Safari. Ad-blockers or cookie blockers may impede proper functioning.
    5. If the User’s device/software does not meet technical requirements, the Provider does not guarantee proper service functionality.
    6. The Customer must:
      1. Provide true, current and complete data when registering or Ordering and update it promptly;
      2. Use Services without disrupting the Provider or other users;
      3. Comply with law and these T&C.
    7. From January 1, 2021, consumer-oriented provisions (right of withdrawal, warranty liability, prohibited clauses) apply also to natural-person entrepreneurs whose agreement is non-professional in nature.

  • §4. Goods and Orders

    1. The Store sells Goods online and at its physical address (ul. Franciszkańska 3/35, Warsaw).
    2. All Goods are new, free of defects, and legally marketed in Poland.
    3. Product descriptions on the website do not constitute binding offers; placing an Order constitutes an offer to buy under described terms.
    4. Prices are in PLN, include VAT, but exclude delivery.
    5. The price at Order placement is binding, regardless of later price changes.
    6. Orders may be placed 24/7 via the Order Form.
    7. Registration is not required.
    8. Order placement requires acceptance of these T&C.
    9. Promotional items are limited and fulfilled on a first-come basis.
    10. The Seller offers a subscription model: the Customer pays in advance for a monthly cycle and may cancel at least 3 days before the next dispatch; otherwise, the subscription auto-renews.
    11. By subscribing with recurring payment, the Customer authorizes the Payment Operator to charge their card monthly. Card data are stored by the Operator for mandate purposes.

  • §5. Conclusion of Sales Agreement

    1. To conclude a Sales Agreement, the Customer must place an Order per § 3(6) and (8).
    2. The Seller promptly acknowledges receipt of each Order by e-mail.
    3. Order acknowledgment binds the Customer to the Order.
    4. Acknowledgment includes:
      1. confirmation of Order details;
      2. withdrawal form;
      3. these T&C with withdrawal instructions.
    5. The Seller then confirms acceptance for execution; this confirmation also binds the Customer.
    6. The Sales Agreement is concluded upon e-mail confirmation as above.
    7. Each Sales Agreement is followed by purchase evidence (VAT invoice), attached to the Goods or sent by e-mail.

  • §6. Payments

    1. Payment is via an electronic payment system.
    2. Payment must be made before Order execution; accepted methods include credit card or fast bank transfer.
    3. Unless otherwise agreed, payment is due within three Business Days of contract conclusion.
    4. Goods are shipped only after payment is received.
    5. Card operator: PayPro S.A. (KRS 0000347935, NIP 7792369887).

  • §7. Delivery

    1. Delivery costs, borne by the Customer, depend on chosen payment and delivery methods.
    2. Orders ship within two Business Days after payment authorization.

  • §8. Complaints and Warranty (Entrepreneurs & Consumers)

    1. Goods conform to contract if they match description, quantity, quality, completeness, functionality, intended purpose (if notified on purchase), and public assurances.
    2. To be conforming, Goods must be fit for typical use, in expected quantity, durability and safety, and—if digital—functional and compatible.
    3. The Seller is not liable for non-conformity explicitly disclosed before sale and accepted by the Customer.
    4. The Seller is liable for defects existing at delivery and revealed within two years (longer if shelf life exceeds two years).
    5. In the case of concealed defects, the Seller may not rely on time-limit defenses.
    6. Consumers may demand repair or replacement; the Seller decides which if the Customer’s choice is impossible or excessively costly.
    7. Repair or replacement must be prompt and without undue inconvenience; the Seller bears related costs.
    8. Consumers may reduce price or withdraw if repair/replacement fails or is impossible.
    9. The Seller must respond to complaints within 14 days and refund any price reductions or withdrawals within 14 days of the request.
    10. Consumers must return Goods at the Seller’s expense; risk passes upon collection by carrier.

  • §9. Right of Withdrawal (Consumers)

    1. Consumers (or eligible entrepreneurs per § 11) may withdraw within 14 days without cause, using the standard form.
    2. Withdrawal voids the contract; Goods must be returned within 14 days (Seller may collect at its expense).
    3. Returns to: Foundation Coffee Roasters sp. z o.o., ul. Franciszkańska 3/35, 00-233 Warsaw.
    4. Refund uses the original payment method within 14 days of receipt of return or proof thereof.
    5. Consumers pay only return postage.
    6. Withdrawal period runs from receipt of Goods (or contract conclusion for services).
    7. Withdrawal does not apply to bespoke, perishable, hygiene-sealed opened, inseparably mixed Goods, or fully performed services with prior waiver of withdrawal rights.

  • §10. Provisions for Entrepreneurs (Non-Consumers)

    1. Entrepreneurs not covered by consumer protection may withdraw within 14 Business Days without cause; this does not give rise to any claims against the Seller.
    2. The Seller may limit payment methods for non-consumer Entrepreneurs, including requiring prepayment.
    3. Risk of loss or damage passes on handover to carrier; the Seller is not liable thereafter.
    4. Non-consumer Entrepreneurs must inspect shipments and report any carrier damage per carrier rules.
    5. The Service Provider may terminate electronic service contracts with immediate effect for non-consumer Entrepreneurs.

  • §11. Entrepreneurs with Consumer Rights

    1. Sole proprietors (non-corporate) whose purchase is non-professional are protected under the Consumer Rights Act for withdrawal, warranty, and prohibited clauses.
    2. Protection is lost if the contract is deemed professional based on business registration codes.
    3. Such Entrepreneurs are not entitled to institutional consumer protections (e.g., consumer ombudsman).

  • §12. Electronic Services

    1. The Store provides electronic services:
      1. concluding Sales Agreements;
      2. maintaining Accounts.
    2. The Seller may display advertising content on the Store, which forms part of the service.

  • §13. Provision of Electronic Services

    1. Electronic Services are free of charge.
    2. Service contract durations:
      1. Ordering service — fixed-term, ending upon order placement or cessation of the ordering process;
      2. Account service—indefinite term.
    3. Technical requirements: internet-connected device, e-mail access, browser with cookies enabled.
    4. Users must comply with law and good practice, protecting personal and intellectual property rights.

  • §14. Complaints Regarding Electronic Services

    1. Complaints via e-mail: [email protected].
    2. Include detailed description, date, and contact data to expedite handling.
    3. Complaints resolved within 14 days; replies sent to the e-mail provided.

  • §15. Intellectual Property

    1. All content on foundation.pl is legally protected and owned by the Provider (unless licensed by Users).
    2. Unauthorized use of any site content without written consent constitutes copyright infringement.
    3. All trade names, product names, company names and logos belong to their owners and are used solely for identification.

  • §16. Final Provisions

    1. Contracts are governed by Polish law.
    2. If any T&C provision conflicts with law, statutory provisions shall apply in its place.
    3. Disputes with Consumers are first subject to negotiation and, if unresolved, to consumer dispute-resolution procedures or competent courts under the Civil Procedure Code.
    4. Competent courts:
      1. For Consumers or protected Entrepreneurs—courts per the Civil Procedure Code;
      2. For non-consumer Entrepreneurs—courts in the Seller’s registered office.
    5. Consumers may pursue out-of-court dispute resolution via ODR platform (https://ec.europa.eu/consumers/odr) or through permanent consumer arbitration courts listed at www.uokik.gov.pl.
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