Terms and Conditions

§ 1. General Provisions and Definitions

These Terms and Conditions define the rules for using the Online Store available at www.pureandsweet.pl, including the conditions for concluding and terminating sales agreements, complaint procedures, and the types and scope of services provided electronically. These Terms are addressed to both Consumers and Entrepreneurs. The principles of personal data protection, privacy policy, and cookie mechanisms are described in detail in the Privacy Policy available at /privacy. Every person using the Store is obliged to comply with these Terms.

The Seller and Personal Data Administrator is Karolina Łyczko-Bindacz, conducting business activity under the name PURE & SWEET KAROLINA ŁYCZKO-BINDACZ, ul. Kolejowa 6, 47-450 Krzyżanowice, Poland, registered in the Central Registration and Information on Business (CEIDG), NIP: 6392019249, REGON: 385288847, email: [email protected], contact phone: +48 500 198 992.
The definitions used in these Terms and Conditions shall have the following meanings: Registration Form – an electronic service, an interactive form enabling the creation of an Account; Order Form – an electronic service enabling the placement of an Order by adding Goods to the cart and specifying contract conditions; Account – a set of resources in the Seller's IT system marked with an individual email and password; Newsletter – an electronic service enabling periodic receipt of marketing content with prior consent; Buyer – a natural person, legal person, or organizational unit with legal capacity; Service Recipient – an entity using an Electronic Service; Goods – a movable item subject to the Sales Agreement, including finished food products and customized Product Bundles; Sales Agreement – a distance sales contract of Goods; Electronic Service – a service provided electronically by the Seller to the Service Recipient; Order – the Buyer's declaration of intent directly aimed at concluding a Sales Agreement.

§ 2. Electronic Services and Security

The Seller provides free Electronic Services through the Store, including: maintaining an Account, providing the Order Form, and sending the Newsletter. Using the Account is possible after registering via the Registration Form or through quick authentication via the external Google Login service. The Service Recipient has the option to enable Multi-Factor Authentication (MFA) in the Account security settings to protect against unauthorized access. The Service Recipient has the right at any time, without giving any reason, to request the deletion of their Account via the settings panel or by sending an email to [email protected].

Account deletion at the request of the Service Recipient is carried out immediately and results in the removal of all profile data and the withdrawal of marketing consents. This does not affect the retention of transaction and order data, which the Seller is legally obliged to store for tax and accounting purposes for the period resulting from generally applicable laws.
The Newsletter service is provided solely on the basis of voluntary consent expressed by the Service Recipient via the dedicated subscription form on the Store's homepage. The Service Recipient can unsubscribe at any time and without incurring any costs by using the deactivation link included in each marketing email or by changing consent settings in their Account panel.
The Service Recipient is obliged to enter data consistent with the actual facts and to refrain from providing unlawful content. Complaints regarding the operation of electronic services should be reported to the email address [email protected]. The Seller shall process complaints of electronic services within 14 calendar days.

§ 3. Conclusion of Sales Agreement and Store Features

All prices of Goods presented in the Store are gross prices expressed in Polish Zloty (PLN) and include applicable taxes, including VAT. The conclusion of the Sales Agreement occurs after the Buyer places an Order via the Order Form. The Buyer has the option to purchase finished Goods or compose customized Product Bundles. Prices of customized Product Bundles are calculated dynamically based on the ingredients and personalization parameters selected by the Buyer before adding the bundle to the cart.

When placing an Order, the Buyer has the right to use a Discount Code. Discount Codes are subject to specific terms of use: they are for one-time use (unless promotion terms state otherwise), may require reaching a minimum order value, may have total Store use limits or single-account limits, and have a specified expiration date. Discount Codes cannot be combined with other promotions and discounts unless explicitly allowed by the promotion terms.
A Buyer with a registered Account has the right to independently cancel a placed Order directly from the order history in the Account panel. This right is available only until the order has been physically prepared and handed over to the carrier (order status other than 'Shipped').
Consolidation, security, and access to the text of the concluded Sales Agreement are provided to the Buyer by sending an email after the purchase and attaching proof of purchase in the form of an electronic invoice sent to the email address associated with the Account.

§ 4. Payment Methods and Terms

The Seller provides the Buyer with the following payment methods: fast online payments via the external payment operator PayU (including electronic transfers, payment card payments, and BLIK), payment by traditional bank transfer directly to the Seller's bank account held at ING Bank Śląski, account number: 74 1050 1328 1000 0092 7440 4111, and cash on delivery. The Seller does not support PayPal payments.

For online payments and traditional bank transfers, the Buyer is obliged to pay for the ordered Goods within 3 calendar days from the date of concluding the Sales Agreement. Failure to credit the funds to the Seller's bank account or in the PayU operator's system within this period results in automatic cancellation of the order and termination of the Agreement due to the Buyer's non-performance. For cash on delivery, the Buyer pays upon receipt of the shipment.
In the event of a technical error or transaction interruption during the electronic payment process, the Buyer has the option to retry the payment for the same order directly from the order history in their Account panel, without having to place a new order.

§ 5. Delivery Methods, Costs, and Terms

Delivery of Goods is carried out within the territory of the Republic of Poland and all other member states of the European Union (EU). Delivery costs are transparently presented to the Buyer during the order placement and are fully borne by the Buyer unless the order value reaches the threshold qualifying for free delivery according to the rules currently promoted on the Store's homepage.

The Seller offers the following delivery methods: courier delivery carried out by reputable courier companies, and delivery to InPost Paczkomaty parcel lockers (available for selected markets, including Poland).
The delivery time of the Goods to the Buyer is up to 7 business days from the day the payment is credited, unless a different, specific order fulfillment time is indicated in the description of the given Goods or during order placement.

§ 6. Consumer's Right of Withdrawal

A Consumer or a Sole Proprietor with consumer rights who has concluded a distance Sales Agreement has the right to withdraw from it without giving any reason within 14 calendar days. To meet the deadline, it is sufficient to send an unambiguous statement before its expiry in writing to the Seller's address or electronically to [email protected]. The withdrawal period begins on the day on which the Buyer or a designated third party (other than the carrier) takes physical possession of the Goods.

The right of withdrawal from a distance contract does not apply to the Buyer who is a consumer or a sole proprietor with consumer rights in respect of contracts whose subject is: 1) a product that spoils quickly or has a short shelf life (including food products with limited durability); 2) a product delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery; 3) a non-prefabricated product made to the Buyer's specifications or customized to satisfy their individual needs (including customized Product Bundles).
Returned Goods must be sent back immediately, no later than 14 days from the day of withdrawal, to the address: ul. Kolejowa 6, 47-450 Krzyżanowice, Poland. The Buyer bears the direct costs of returning the Goods. The Buyer is liable for any diminished value of the Goods resulting from using them in a way other than what is necessary to establish the nature, characteristics, and functioning of the Goods.

§ 7. Liability for Non-Conformity of Goods with the Contract

The Seller is obliged to deliver Goods that conform to the contract. In the event of non-conformity of the Goods with the contract, Consumers and Sole Proprietors with consumer rights are entitled to complaint remedies specified in Chapter 5a of the Act on Consumer Rights. The Seller is liable for any non-conformity of the Goods existing at the time of delivery and discovered within two years from that date.

In the event of non-conformity of the Goods with the contract, the Consumer or the Sole Proprietor with consumer rights may request repair or replacement. The Seller may replace the Goods when the Buyer requests repair, or repair them when the Buyer requests replacement, if bringing the Goods into conformity in the manner chosen by the Buyer is impossible or would involve disproportionate costs.
The Buyer may submit a statement on price reduction or withdrawal from the contract if: the Seller refused to bring the Goods into conformity; the Seller failed to bring the Goods into conformity in a reasonable time; the non-conformity continues despite the Seller's attempts; or the non-conformity is significant enough to justify an immediate price reduction or withdrawal. The Consumer cannot withdraw from the contract if the non-conformity is insignificant (it is presumed that the non-conformity is significant).
Complaints should be sent to the email address: [email protected] or in writing to the Seller's registered office. The Seller undertakes to process the complaint and inform the Buyer of its decision within 14 calendar days from the day of its receipt.

§ 8. Provisions Concerning Entrepreneurs (B2B)

The provisions of this paragraph apply exclusively to Buyers and Service Recipients who are Entrepreneurs and do not apply to natural persons conducting business activity when the concluded contract is directly related to their business activity but does not have a professional character for them (Sole Proprietors with consumer rights).

In accordance with Art. 558 § 1 of the Polish Civil Code, the Seller's statutory warranty (rękojmia) liability for physical and legal defects of the Goods towards a Buyer who is an Entrepreneur is completely excluded.
The Seller has the right to withdraw from the Sales Agreement concluded with a Buyer who is an Entrepreneur within 14 calendar days from the date of its conclusion, without giving any reason and without any compensation claims from the Entrepreneur.
Upon the handover of the Goods by the Seller to the carrier or courier company, all benefits, burdens, and the risk of accidental loss of or damage to the Goods are transferred to the Buyer who is an Entrepreneur. The Seller is not responsible for delivery delays or damages caused during transport.
Any disputes arising between the Seller and a Buyer who is an Entrepreneur shall be submitted to the common court having local jurisdiction over the registered office of the Seller.

§ 9. Out-of-Court Dispute Resolution

The Consumer has the right to use out-of-court complaint and redress mechanisms. Detailed information regarding mediation and arbitration procedures is available at the offices and on the websites of municipal consumer advocates, Provincial Trade Inspectorates, and the Office of Competition and Consumer Protection (UOKiK).

The Consumer may apply for the resolution of a dispute arising from the Sales Agreement to the permanent consumer arbitration court operating at the Provincial Trade Inspectorate.
The Consumer is entitled to apply to the Provincial Inspector of the Trade Inspectorate to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
In cross-border disputes, the Consumer may use the European Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr, which serves as an access point for resolving disputes out of court online.

§ 10. Final Provisions and Intellectual Property

Contracts concluded through the Online Store are in Polish. The governing law for contracts concluded under these Terms is the law of the Republic of Poland, provided that this choice does not deprive Consumers of the protection afforded by mandatory provisions of the law of the country of their habitual residence.

All content on the website www.pureandsweet.pl, including text, product descriptions, graphic materials, photographs, designs, layout, databases, and trademarks, is the intellectual property of PURE & SWEET KAROLINA ŁYCZKO-BINDACZ and is protected by copyright. Copying, distribution, or any other use without explicit permission is strictly prohibited.
The Seller reserves the right to amend these Terms and Conditions for important reasons, such as changes in law, technology, or payment and delivery methods. For agreements concluded before the amendment, the version of the Terms in force on the date of placing the Order shall apply.
For matters not regulated by these Terms, the applicable provisions of the Polish Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act, and the GDPR shall apply.

These Terms and Conditions shall enter into force on April 1, 2024.