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Conclusion of the Agreement Between Buyer and Seller

The conclusion of the agreement between the Buyer and the Seller may occur in two ways.

The Buyer has the right to negotiate all terms of the agreement with the Seller before placing an order, including modifications to the provisions of the regulations below. Such negotiations should be conducted in writing and sent to the Seller's address (JDN Justyna Dawidowicz, Moderska 11, 62-060 Strykowo).

If the Buyer waives the possibility of concluding the agreement through individual negotiations, the following terms and applicable legal provisions shall apply.

TERMS AND CONDITIONS

§1 Definitions

  1. Data Controller: JDN Justyna Dawidowicz Moderska 11 62-060 Strykowo NIP 7773356501
  2. Mailing Address: JDN Justyna Dawidowicz Moderska 11 62-060 Strykowo
  3. Complaint Address: JDN Justyna Dawidowicz Moderska 11 62-060 Strykowo
  4. Delivery Price List – available at https://pemum.com/payment-and-shipping, listing available delivery methods and their costs.
  5. Contact Details: JDN Justyna Dawidowicz Moderska 11 62-060 Strykowo Email: contact@pemum.com Phone: +48 782462189
  6. Personal Data – any information relating to an identified or identifiable natural person. Information is not considered to enable identification if it would require excessive effort, cost, or actions.
  7. Sensitive Data – personal data including information on racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party, or trade union membership, health, genetic code, addictions, sex life, convictions, penalties, and other rulings issued in legal or administrative proceedings.
  8. Delivery – type of transport service, including the carrier and cost, listed in the delivery price list at https://pemum.com/payment-and-shipping.
  9. Proof of Purchase – invoice, receipt, or bill issued in accordance with the Polish VAT Act of March 11, 2004, as amended.
  10. Product Card – a subpage of the store containing information about a single product.
  11. Customer: a. an adult natural person operating a sole proprietorship entering into an agreement with the Seller directly related to their business or professional activity; b. a legal entity; c. an organizational unit without legal personality but with legal capacity.
  12. Civil Code – the Polish Civil Code Act of April 23, 1964, as amended.
  13. Code of Good Practice – a set of ethical and professional conduct rules as per Article 2(5) of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
  14. Consumer – an adult natural person with full legal capacity or operating a sole proprietorship, entering into an agreement with the Seller not of a professional nature.
  15. Cart – a list of products compiled from available store offerings based on the Buyer's selections.
  16. Buyer – both Consumer and Customer.
  17. Place of Delivery – postal address or pickup point indicated in the order by the Buyer.
  18. Moment of Delivery – when the Buyer or a designated third party receives the product.
  19. ODR Platform – EU online dispute resolution platform under Regulation (EU) No 524/2013, available at https://webgate.ec.europa.eu/odr.
  20. Payment – payment method listed at https://pemum.com/payment-and-shipping.
  21. Authorized Entity – an entity authorized to resolve consumer disputes out-of-court under the Act of September 23, 2016.
  22. Privacy Policy – rules for processing personal data, rights of Buyers, and responsibilities of the Data Controller: https://pemum.com/privacy-poli...
  23. Consumer Law – the Polish Consumer Rights Act of May 30, 2014.
  24. Product – the smallest indivisible quantity of goods that may be ordered, listed on the store as a unit for pricing purposes (price/unit).
  25. Subject of the Agreement – products and delivery that are the object of the agreement.
  26. Subject of the Service – same as above.
  27. Pickup Point – a non-postal location designated by the Seller as a place of delivery.
  28. UOKiK Register – register of authorized entities maintained by the Office of Competition and Consumer Protection, available at https://uokik.gov.pl/rejestr_p...
  29. GDPR – Regulation (EU) 2016/679 and the Polish Personal Data Protection Act of May 10, 2018.
  30. Goods – movable property that is or may be the subject of an agreement.
  31. Store – online service available at pemum.com where the Buyer may place orders.
  32. Seller: JDN Justyna Dawidowicz Moderska 11 62-060 Strykowo NIP 7773356501 Listed in the CEIDG register. Bank Account: 17 1020 4027 0000 1902 1869 7015
  33. System – interconnected IT devices and software allowing for data processing, storage, transmission, and reception via telecommunications networks (commonly known as the Internet).
  34. Fulfillment Time – number of business hours or days listed on the product card.
  35. Agreement – a distance or off-premises agreement under the Polish Consumer Rights Act or a sales agreement under Article 535 of the Polish Civil Code.
  36. Defect – physical or legal defect.
  37. Physical Defect – non-compliance with the agreement, especially if the item: a. lacks expected properties; b. lacks properties promised by the Seller; c. is not suitable for the intended purpose; d. is incomplete; e. was incorrectly installed or started; f. does not conform to assurances made by the producer unless the Seller was unaware or it had no impact on the purchase decision.
  38. Legal Defect – when the item is owned by a third party or encumbered with third-party rights, or usage is restricted by legal decision.
  39. Order – Buyer's declaration of intent via the store, specifying product type and quantity, delivery and payment methods, delivery address, and aiming to conclude a purchase agreement.

§2 General Conditions

The agreement is concluded in Polish, under Polish law, and in accordance with these terms. The place of delivery may be in Poland or another country if specified. The Seller commits to deliver goods free from defects. All prices are gross (including VAT) and listed in Polish currency. Delivery costs are not included and are listed in the delivery price list. All deadlines follow Article 111 of the Civil Code. Confirmation and preservation of the agreement's essential terms is done by:

  • sending an email with order confirmation, pro forma invoice, withdrawal information, these terms (PDF), and withdrawal form (PDF);
  • including a printed proof of purchase, withdrawal info, terms, and form in the shipped package.

The Seller informs of third-party warranties where applicable. The Seller does not charge for remote communication; costs are borne by the Buyer based on their service provider. The Seller ensures compatibility with browsers: IE 7+, Firefox 3+, Opera 9+, Chrome 10+, Safari, with latest JAVA and FLASH on screens above 1024px. Third-party software may interfere with proper display.

The Seller adheres to the Code of Good Practice.

The Buyer is obliged to:

  • not provide illegal content (e.g. violent, defamatory);
  • not disrupt the store's operation;
  • not send spam;
  • not inconvenience other users or the Seller;
  • use store content for personal use only;
  • follow Polish law, these terms, and netiquette.

§3 Conclusion of the Agreement and Execution

Orders can be placed 24 hours a day. To place an order, the Buyer should perform at least the following actions, some of which can be repeated multiple times:

  • add a product to the cart;
  • choose the delivery method;
  • choose the payment method;
  • choose the place of delivery;
  • place the order in the store by using the "Order and Pay" button.

The agreement with the Consumer is concluded at the moment the order is placed. Execution of the Consumer's order paid by cash on delivery is immediate, while orders paid by bank transfer or through an electronic payment system will be executed once the payment is credited to the Seller’s account, which should occur within 30 days from the order date, unless the Consumer was unable to fulfill their obligation through no fault of their own and notified the Seller about this.

The agreement with the Client is concluded when the Seller accepts the order, and the Seller informs the Client within 48 hours from the order placement. Execution of the Client's order paid by cash on delivery will occur immediately after the agreement is concluded, and for orders paid by bank transfer or through an electronic payment system, execution will occur once the payment is received by the Seller. If the Client chooses to pay by bank transfer or credit card, the order execution period will begin on the day the Seller’s bank account or settlement account is credited.

Execution of the Client's order may depend on full or partial payment of the order value or obtaining a credit limit at least equal to the order amount or the Seller’s consent to send the order by cash on delivery (paid upon receipt).

The dispatch of the subject of the agreement will occur within the period specified on the product page, and for orders consisting of multiple products, within the longest delivery period indicated on the product pages. The term starts when the order is executed. The purchased item, along with the chosen sales document, will be sent by the delivery method chosen by the Buyer to the location specified by the Buyer in the order, along with the attachments referred to in §2 point 6b.

The entity responsible for processing online payments is Stripe, Inc. Available payment methods:

  • Credit cards:
    • Visa
    • Visa Electron
    • Mastercard
    • MasterCard Electronic
    • Maestro

The entity responsible for online payment processing is also Przelewy24. The operator of credit card payments is PayPro SA, Payment Agent, ul. Pastelowa 8, 60-198 Poznań, registered in the National Court Register under KRS 0000347935, NIP 7792369887, REGON 301345068.

§4 Right to Withdraw from the Agreement

The Consumer has the right to withdraw from the distance contract, without giving a reason and without incurring costs, except for the costs specified in Articles 33 and 34 of the Consumer Protection Act. The withdrawal period from a distance contract is 14 days from the moment the goods are delivered. To meet the deadline, it is sufficient to send a withdrawal statement before it expires, to the email address: contact@pemum.com. The Consumer may submit the withdrawal statement on the form whose template is included in Annex 2 to the Consumer Protection Act, available at https://pemum.com/return/, or in another form compliant with the Consumer Protection Act.

The Seller will immediately confirm receipt of the withdrawal statement to the Consumer via email (the one provided during the agreement or another if given in the statement). If the Consumer withdraws from the agreement, the agreement is considered as not concluded. The Consumer must return the item to the Seller immediately, but no later than 14 days from the day they withdrew from the agreement. To meet the deadline, it is sufficient to send the item back before it expires.

The Consumer returns the items at their own cost. The Consumer will not incur any costs for the delivery of digital content not stored on a material medium if they did not agree to perform the service before the end of the withdrawal period or were not informed about the loss of the right to withdraw at the time of giving such consent or the Seller did not confirm this in accordance with Articles 15 (1) and 21 (1) of the Consumer Protection Act.

The Consumer is responsible for any reduction in the value of the goods resulting from use beyond what is necessary to determine the nature, characteristics, and functioning of the goods.

The Seller will refund all payments made by the Consumer, including delivery costs, within 14 days of receiving the withdrawal statement from the Consumer. If the Consumer selected a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller will not refund the additional costs according to Article 33 of the Consumer Protection Act. The Seller will return the payment using the same payment method the Consumer used, unless the Consumer explicitly agrees to another method that does not incur additional costs for them.

The Seller may withhold the refund until the item is returned or proof of its return is provided by the Consumer, whichever occurs first.

In accordance with Article 38 of the Consumer Protection Act, the Consumer does not have the right to withdraw from the contract:

  • where the price or remuneration depends on fluctuations in the financial market beyond the Seller's control and may occur before the withdrawal period expires;
  • where the subject of the agreement is a non-prefabricated item made according to the Consumer's specifications or serving to satisfy their individualized needs;
  • where the subject of the agreement is a perishable item or one with a short shelf life;
  • where the subject of the agreement is an item delivered in a sealed package, which cannot be returned after opening for health or hygiene reasons, if the packaging was opened after delivery;
  • where the subject of the agreement is items that, due to their nature, become inseparably combined with other items after delivery;
  • where the subject of the agreement is sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
  • for the supply of digital content not stored on a physical medium, if performance started with the Consumer’s express consent before the withdrawal period expired and the Consumer was informed about the loss of the right to withdraw from the agreement;
  • for the supply of newspapers, periodicals, or magazines, except for subscription agreements.

§5 Warranty

The Seller is responsible to the Consumer under the terms specified in Article 556 of the Civil Code and subsequent articles for defects (warranty). In the case of a contract with a Consumer, if a physical defect is identified before the lapse of 2 years from the moment of delivery, it is assumed that the defect existed at the time the risk passed to the Consumer. If the sold item is defective, the Consumer may:

  • Submit a statement demanding a price reduction;
  • Submit a statement of withdrawal from the contract; unless the Seller promptly and without excessive inconvenience to the Consumer replaces the defective item with one free from defects or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfill the obligation to replace the item with one free from defects or to remove the defect, the Consumer is not entitled to request the replacement or removal of the defect.
  1. The Consumer, instead of the method proposed by the Seller to remove the defect, may request the replacement of the item with one free from defects or, instead of replacing the item, may demand that the defect be removed, unless bringing the item into conformity with the contract by the method chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, while evaluating the excessive nature of costs, the value of an item free from defects, the type and significance of the defect identified, and the inconvenience the other method would cause the Consumer are taken into account.
  2. The Consumer may not withdraw from the contract if the defect is insignificant.
  3. If the sold item is defective, the Consumer may also: a. Demand the replacement of the item with one free from defects; b. Demand the removal of the defect.
  4. The Seller is obliged to replace the defective item with one free from defects or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
  5. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract by the method chosen by the Consumer is impossible or would require excessive costs compared to the second possible method of bringing the item into conformity with the contract.
  6. If the defective item has been installed, the Consumer may request the Seller to dismantle and reinstall it after replacement with one free from defects or after defect removal, but must bear a portion of the costs associated with this that exceed the price of the sold item, or may request the Seller to pay a portion of the dismantling and reinstallation costs up to the price of the sold item. If the Seller fails to fulfill the obligation, the Consumer is entitled to carry out these actions at the Seller's cost and risk.
  7. The Consumer, when exercising their warranty rights, is obliged to deliver the defective item to the complaint address at the Seller's expense. If due to the nature of the item or the way it was installed, delivering the item would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the location where it is located. If the Seller fails to fulfill this obligation, the Consumer is entitled to send the item back at the Seller’s cost and risk.
  8. The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.
  9. The Seller is obliged to accept the defective item from the Consumer in the case of replacement with an item free from defects or withdrawal from the contract.
  10. The Seller will respond to the statements based on Article 5615 of the Civil Code: statements of price reduction, requests for replacement with an item free from defects, or requests for defect removal within fourteen days. The Seller will respond to any other statements from the Consumer within thirty days (Article 7a of the Consumer Rights Act), unless otherwise specified in the Civil Code’s fourteen-day deadline. If not, the statement or request of the Consumer will be considered justified.
  11. The Seller is responsible for the warranty if a physical defect is identified before two years from the moment the item was delivered to the Consumer, and if the item sold is used, before one year from delivery.
  12. The Consumer's claim for defect removal or replacement of the item with one free from defects expires after one year from the day the defect was identified, but not earlier than two years from the delivery date of the item to the Consumer, and if the item sold is used, before one year from the delivery of the item to the Consumer.
  13. In the case that the shelf life of an item, as defined by the Seller or manufacturer, ends after two years from the delivery date to the Consumer, the Seller is responsible for the warranty for defects identified before the expiration of this period.
  14. Within the deadlines specified in §5 points 15–17, the Consumer may submit a statement of withdrawal from the contract or a price reduction due to a physical defect of the sold item, and if the Consumer demanded replacement or removal of the defect, the period for submitting the statement of withdrawal or price reduction begins when the deadline for replacement or defect removal expires without effect.
  15. In the event of pursuing one of the warranty rights in court or before an arbitration court, the time for exercising other rights under the warranty is suspended until the proceedings are legally concluded. This also applies to mediation proceedings, with the period for exercising other warranty rights starting from the day the court refuses to approve the settlement concluded before the mediator or when the mediation ends unsuccessfully.
  16. The provisions of §5 points 15–16 apply to the exercise of rights from legal defects of the sold item, except that the period begins on the day the Consumer became aware of the defect, and if the Consumer only learned of the defect through a lawsuit against a third party, the period begins when the ruling in the dispute with the third party becomes final.
  17. If due to the defect in the item, the Consumer has made a statement of withdrawal from the contract or price reduction, they may demand compensation for the damage they incurred because they entered into the contract unaware of the defect, even if the damage resulted from circumstances for which the Seller is not responsible, and in particular may demand the return of costs incurred in entering into the contract, the costs of receiving, transporting, storing, and insuring the item, reimbursement for the investments made to the extent they did not benefit from them and have not received reimbursement from a third party, and the return of court costs. This does not prejudice the general principles of liability for damages.
  18. The expiration of any time limit to identify the defect does not exclude the exercise of warranty rights if the Seller fraudulently concealed the defect.
  19. If the Seller is obliged to provide services or financial benefits to the Consumer, they must do so without unnecessary delay, and no later than the time specified by law.

§6 Privacy Policy and Data Security

The Data Administrator is responsible for the lawful processing of personal data, and the principles of collecting, processing, and storing personal data, as well as the Consumer’s rights related to their personal data. The Data Administrator processes the personal data of Buyers based on consent and in connection with the legitimate interests of the Seller. The Data Administrator collects and processes personal data only to the extent necessary for the contractual or legal obligation. Consent to the processing of personal data is voluntary, and consent to processing for a specific purpose may be withdrawn at any time. For the purposes of processing the Buyer’s order, the following personal data is collected:

  • Postal address – necessary for issuing proof of purchase;
  • Place of delivery – necessary for addressing the shipment;
  • Email – necessary for communication related to the order fulfillment;
  • Phone number – necessary for selecting certain types of delivery. Detailed provisions regarding the protection of personal data related to placing an order, as well as using the store before and after placing the order, are contained in the privacy policy.

§7 Final Provisions

None of the provisions of these regulations are intended to infringe the rights of the Buyer. They may not be interpreted as such, as in the case of any part of the regulations being inconsistent with the applicable law, the Seller declares absolute compliance with and application of that law in place of the disputed regulation. Registered Buyers will be notified electronically (to the email provided during registration or ordering) of any changes to the regulations and their scope. The notification will be sent at least 30 days before the new regulations take effect. Changes will be made to ensure compliance with the applicable legal status. The current version of the regulations is always available to the Buyer in the "Regulations" tab (https://pemum.com/terms-of-use/). During order fulfillment and throughout the post-sale care period, the regulations accepted by the Buyer at the time of ordering apply, except when the Consumer deems them less favorable than the current version and informs the Seller of their choice of the current version as binding. In matters not regulated by these regulations, appropriate applicable legal provisions apply. Disputes, if the Consumer expresses such a will, will be resolved through mediation before the Provincial Inspectorates of the Trade Inspection or through arbitration at the Provincial Inspectorate of the Trade Inspection. The Consumer may also use equivalent and lawful methods of out-of-court or pre-court dispute resolution, for example, through the EU online ODR platform or by selecting any authorized entity from the UOKiK registry. The Seller expresses the intention and agrees to resolve consumer disputes out of court. Ultimately, the case is decided by the court of appropriate jurisdiction and subject matter.

Version 10.1 (Strykowo, January 1, 2025)