Terms and Conditions

§1 GENERAL PROVISIONS

1. These terms and conditions govern the use of the Online Store located at www.california-trading.eu.

2. The online store located at www.california-trading.eu (hereinafter referred to as the California Trading Online Store) is operated by California Trading Sp. z o.o., entered into the National Court Register maintained by the District Court for Gdańsk-Północ in Gdańsk, 7th Commercial Division, under number 0001123557, Tax Identification Number (NIP): 6040076113, National Business Registry Number (REGON): 220447908 (hereinafter referred to as “California Trading”).

3. Contact details of the entrepreneur enabling the Buyer to contact the Seller:
1. Postal address: ul. Rokicka 13A, 83-110 Tczew;
2. Telephone number: +48 601 630 003;
3. Email address: biuro@california-trading.eu;
4. The California Trading online store’s Terms and Conditions are permanently posted on the website www.california-trading.eu in a manner enabling Customers to obtain, reproduce, and save their content. The Terms and Conditions are also made available to Customers before concluding a contract.

§ 2 DEFINITIONS

1. The terms used in these Terms and Conditions mean:
1. Consumer – a natural person within the meaning of Article 221 of the Civil Code;

2. Service Provider/Seller – California Trading Sp. z o.o., Tax Identification Number (NIP): 6040076113, ul. Skarszewska 21, 83-110 Tczew;

3. Online Store – the online store operated at www.california-trading.eu by California Trading Sp. z o.o.;

4. Civil Code – the Act of April 23, 1964. (Journal of Laws 1964, No. 16, item 93);

5. Goods and Services – all services provided and goods that are the subject of a sales contract between the Seller and the Buyer;

6. Terms and Conditions – these terms and conditions for the provision of services by electronic means within the meaning of Art. 8 of the Act on the Provision of Services by Electronic Means of July 18, 2002 (Journal of Laws No. 144, item 1204);

7. Customer – a natural person, legal person, or organizational unit without legal personality, to which special provisions grant legal capacity, who places or plans to place an Order in the Online Store electronically;

8. Order – a declaration of intent by the Customer, in which the Customer accepts the Seller’s sales offer, which includes, in particular, the price, type, and quantity of Goods or Services under the terms of sale through the online store;

9. Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827).

§ 3 RULES OF USE OF THE ONLINE STORE

1. The prices of all goods and services offered by the Store are gross prices (include VAT) and are expressed in Polish zloty. Exceptions to the Polish currency principle are clearly marked.

2. The prices displayed on the California Trading Store website, as well as the descriptions of goods and services, constitute commercial information only and do not constitute an offer within the meaning of the Civil Code. They become binding for the purposes of concluding a specific contract only upon confirmation of the order by the Seller.

3. The Seller uses discount codes in the California Trading Online Store, entitling the purchase of goods with the discount indicated on the coupon. Discount codes cannot be exchanged for cash.

4. Placing an order in the California Trading Online Store requires acceptance of these Terms and Conditions.

5. To successfully place an order in the California Trading Online Store, you must have a device with internet access that allows you to browse websites, as well as a keyboard or other device that allows you to correctly complete electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.

6. The Online Store website uses Responsive Web Design (RWD) technology, which adapts the page content to the device on which it is displayed. The Store website is designed to be viewed on both desktop computers and mobile devices.

7. The California Trading Online Store website is SSL certified – a secure communication encryption protocol.

§ 4 TERMS OF CONCLUSION OF THE SALES AGREEMENT

1. Orders in the California Trading online store can be placed by completing the appropriate forms available on the store’s website.

2. When placing an order, the customer is required to provide correct personal data: name and surname, address, e-mail address and mobile phone number.

3. Upon receipt of the order, the Seller confirms its receipt and simultaneously informs the Customer that the Order has been accepted for processing. Confirmation of the order is made by sending an appropriate email to the Customer at the address provided in the order form. Upon confirmation of the order’s acceptance by the Seller, the contract is deemed concluded.

4. The content of the sales contract is made available and recorded by making these Regulations available on the Online Store website and sending relevant information to the Customer’s e-mail address provided when placing the order, as referred to in §4 point 2.

5. You can place orders in the California Trading Online Store 24 hours a day, every day of the year.

§ 5 PAYMENT METHOD AND PAYMENT DATE

1. The California Trading online store accepts payment in one of the following ways:
1. transfer to the Seller’s bank account;
2. cash on delivery;
3. cash upon pickup;
4. via third-party payment services.

2. After placing the order, the Customer will receive a bank account number via email at biuro@california-trading.eu to which the correct amount should be transferred. Once the payment is credited to the California Trading online store’s bank account, the order will be processed.

3. The California Trading online store allows payment via the following third-party electronic payment services, such as Tpay.com.

4. The Customer is obligated to make the payment using one of the above-mentioned methods within 7 calendar days of concluding the sales contract.

5. If cash on delivery is selected, the Customer is obligated to make the payment upon delivery.

§ 6 DELIVERY

1. Ordered goods are delivered exclusively within the territory of the Republic of Poland and to the address provided by the Customer in the order form.

2. The shipping time is indicated on the California Trading online store’s website and is 48 hours. The Seller will make every effort to deliver the goods within the time specified in the product card in the online store. If delivery is not possible within the above-mentioned time, the Buyer will be informed immediately.

3. Delivery of the ordered Goods is via courier companies.

4. When the goods are handed over to the courier company, the Buyer is notified of this fact by sending an email to the address provided in the order.

5. The Customer may also collect the ordered goods in person at the California Trading Sp. z o.o. office. In the case of personal collection, the Buyer is not responsible for the delivery costs.

6. The delivery costs, which, in addition to the price of the Goods, are borne by the Customer, are provided on the Store’s website when placing the Order.

7. The delivery costs for goods purchased on cash on delivery are fully borne by the Customer.

8. Upon receipt of the goods, the Customer is obligated to confirm receipt. From that point on, the goods become the Customer’s property.

§ 7 WITHDRAWAL FROM THE CONTRACT

1. A Buyer who is a consumer and has concluded a distance or off-premises contract has the right to withdraw from the concluded sales contract within 14 days from the date of delivery of the goods without giving any reason.

2. If the right referred to in the preceding point is exercised, the Buyer is obligated to inform the Seller by submitting a declaration of withdrawal on the form provided by the Seller, which can be sent by post to the following address: ul. Rokicka 15, 83-110 Tczew; this can also be done electronically using the electronic withdrawal form sent to the Seller’s email address biuro@california-trading.eu. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal submitted after the deadline referred to in §7, point 7.1 has no legal effect.

3. The withdrawal form can be found on the website www.california-trading.eu.

4. If the Buyer submits a declaration of withdrawal electronically using the electronic withdrawal form, the Seller will immediately send a confirmation of receipt of the declaration of withdrawal from the contract (on a durable data carrier within the meaning of Art. 2 point 4 of the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2017, item 683).

5. The cost of returning the goods, except for the situation referred to in Art. 33 (i.e. in the event of additional costs resulting from the Customer choosing a delivery method other than the cheapest standard delivery method available in the Online Store) and Art. 34 paragraph 2 of the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2017, item 683), is borne by the Seller.

6. The Buyer is obliged to properly secure the returned goods so as to prevent damage in transit (direct cost of returning the goods – in accordance with Art. 34 section 2 of the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2017, item 683). The consumer bears the direct cost of returning the goods.

7. The Buyer is obligated to return the goods immediately, but no later than 14 days from the date on which they withdrew from the contract. The Seller may stipulate that in the event of withdrawal, the returned goods will be collected by them or a person authorized by them.

8. If the delivered goods are incomplete or show signs of use beyond the scope of normal use, the Seller reserves the right to refuse acceptance of the shipment or to reduce the refund amount by the value of the damaged goods.

9. In the event of withdrawal from the contract, all payments made by the Buyer, including delivery costs, will be transferred to the Buyer’s bank account immediately, but no later than 14 days from the date the Seller receives the Buyer’s notice of withdrawal.

10. The Seller declares that the refund referred to in § 7, point 7.9 of the Terms and Conditions will be processed using the same payment method used by the Buyer.
The Seller, in consultation with the Buyer, may determine a different refund method that will not incur additional costs for the Buyer.

11. The Seller declares that the right of withdrawal does not apply to contracts covered by Article 38 of the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2017, item 683).

12. By concluding the contract, the Buyer confirms that they have read these Terms and Conditions, including that they have been notified of the right to withdraw from the concluded sales contract within 14 days from the date of delivery of the goods.

§ 8 COMPLAINTS

1. If, after ownership of the goods has passed to the Buyer, the Buyer discovers that the goods have physical or legal defects, the Buyer may:
1. if the Buyer is a consumer (within the meaning of Article 221 § 1 of the Civil Code) – submit a complaint to the Seller under the warranty for defects,
2. if the Buyer is not a consumer – submit a complaint to the Seller under the warranty for defects.

2. If mechanical damage occurs during delivery or a complaint is filed with the Seller, the Buyer should send this information by mail to ul. Rokicka 13A, 83-110 Tczew, or by email to biuro@california-trading.eu. It is recommended that the complaint indicate the defect the Customer believes the goods have and, if possible, document the defect, the date the defect occurred, the requested method of bringing the goods into conformity with the contract in accordance with Article 560 et seq. of the Civil Code, and provide contact information. The above requirements are recommendations; their absence does not affect the effectiveness of the complaint.

3. Goods damaged or subjected to any processing are not subject to return or complaint.

4. The deadline for filing a complaint is 14 days from the date of receipt of the goods. The Seller will respond to the complaint within 14 days of receiving the complaint. Failure to respond within this timeframe means that the Seller has deemed the complaint justified.

5. The Seller informs the Customer about the possibility of using out-of-court complaint resolution methods for Goods, including by submitting a request for mediation or an arbitration hearing after the complaint procedure has been completed (the application can be downloaded from http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available at http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court redress after the complaint procedure is completed is free of charge. If the Customer is a consumer and wishes to use out-of-court redress, there is also the option of filing a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.

§ 9 RULES FOR PUBLICATION OF OPINIONS

1. Every buyer/customer can post reviews of goods/services in the appropriate section of the California Trading Store website. Reviews should be written in Polish, adhering to the rules of correct Polish.

2. Opinions are the subjective opinions of customers. The Seller assumes no responsibility for their content.

3. The Buyer/Customer declares that their comments do not violate applicable law or the rights of third parties. They are fully responsible for any comments they post on the California Trading Online Store.

4. The submitted opinion is subject to verification by the seller in terms of checking whether the opinion does not contain any prohibited content, i.e. in particular if the opinion violates applicable regulations, contains prohibited content, advertising, personal data, infringes copyright, etc.

§ 10 PERSONAL DATA

1. The Seller is the controller of your personal data.

2. The personal data protection policy can be found in the Privacy Policy of the California Trading online store, available at www.california-trading.eu.

§ 11 FINAL PROVISIONS

1. The Seller reserves the right to amend these Terms and Conditions for important reasons. Any amendments to the Terms and Conditions shall take effect on the appropriate date specified by the Seller, but no less than 7 days.

2. The amended Terms and Conditions are binding on the Buyer/Customer if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e., the Buyer/Customer has been properly notified of the amendments and has not terminated the contract within 14 calendar days of notification.

3. Pursuant to Article 8, Section 3, Item 2, Letter b of the Act of July 18, 2002, on the Provision of Electronic Services (Journal of Laws of 2017, item 1219), any entity using the California Trading online store website is obligated not to post illegal content on the website.

4. In matters not covered by these Terms and Conditions, the relevant provisions of the Civil Code and the Act of May 30, 2014, on Consumer Rights (consolidated text: Journal of Laws of 2017, item 683) will apply.

5. These Terms and Conditions are available at www.california-trading.eu.

6. Agreements with the Seller are concluded in Polish.

7. These Terms and Conditions enter into force on January 1, 2024.