Terms of use | Upstream Factory

TERMS OF USE

I. The Seller’s identity :

UPSTREAM FACTORY S.C Maciej Waśkiewicz, Maciej Kawulski
ul. Miedziana 4A
00-814 Warszawa
NIP : 5272819490
kontakt@upstreamfactory.com

II. Definitions

1. The terms used in these Terms and Conditions shall have the following meaning:

a) Business Days – these shall be the days from Monday to Friday, excluding public holidays;
b) Customer – a natural person with a full legal capacity, a natural person who conducts business activity, a legal entity or an organizational unit without legal personality, vested with a legal capacity by special provisions, who places an order in the Online Shop or uses other Services available in the Online Shop;
c) Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);
d) Account – a section of the Online Shop ascribed to the Customer that he can use to perform specific actions in the Online Shop;
e) Consumer – the Customer being a consumer within the meaning of the provisions of Article 22 [1] of Civil Code;
f) Entrepreneur – the Customer being an entrepreneur within the meaning of the provisions of Article 43[1] of Civil Code;
g) Newsletter service- the Seller’s commercial information in the form of messages sent to the Customer’s electronic mail address.
h) Terms and Conditions – this document;
i) Goods – the product presented in the Online Shop, with its description available with each of the presented products;
j) Sales Agreement – a sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
k) Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
l) Act on Consumer Rights – the Act on Consumer Rights dated 30 May 2014 (Journal of Laws 2014, No. 827);
m) Act on Rendering Electronic Services – the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
n) Order – declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement, specifying in particular the kind and amount of Goods.

III. General provisions

1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop https://upstreamfactory.com . The Shop is operated by UPSTREAM FACTORY S.C, Maciej Waśkiewicz, Maciej Kawulski hereinafter referred to as the Seller.
2. These Terms and Conditions are always available at the website https://upstreamfactory.com, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
3. The Online Shop can only be used by those who have read and fully accepted this terms and condition. Reading and accepting terms and condition for the online shop Lompki is considered as providing an information by Contractor to the Customer, which is mentioned in article 12 of Consumer Protection Act form 30th of May 2014 (Dz. U. from 2014 pos. 827), information required is included below.
4. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Internet Explorer – version 11 or newer, Firefox – version 28.0 or newer, Chrome – version 32 or newer, Opera – version 12.17 or newer, Safari – version 1.1. or newer, enabling cookies and JavaScript in the web browser.
5. The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
6. The Agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account” . The Agreement for the provision of the Newsletter service shall be concluded an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
7. If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 days’ notice.

IV. The Conclusion Procedure for the Sales Agreement

1. Information about the Goods as provided on the Shop websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
2. All the Goods available in the Online Shop are used and produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person.
3. Some goods are subject to the law of 23 July 2003 on the protection of monuments and the care of monuments.
4. The offer contains a full and accurate description of the products. The description is suitably detailed to enable the Consumer to assess the products adequately. The Products are presented in accordance with legal regulations and are as accurate as possible.
5. There may be differences between the Products shipped and those shown on the Website or in the catalogue, primarily for handcrafted Products, each of which is unique, and Products for which technical or technological modifications have been made. You may not cancel your order or refuse delivery due to such differences, provided that they do not affect the essential features or quality of the Products. However, we cannot guarantee that the colour you see on the Website or in the catalogues matches the product colour, as the display of the colour depends in part upon the browser and monitor you are using. The Seller cannot be held liable for inaccuracies in the photographs on the Website.
6. Obvious errors or mistakes in the offer do not bind the Seller. Orders can be placed by Internet users, who have correctly filled in registration form which could be found in the Online Shop website.
7. Registration form requires the following data: name, surname, shipping address, e-mail address, contact phone number. Improper filling of the Registration Form or providing incorrect data may cause the Contractor to withdraw from completing an Order. A lack of due diligence while filling in the form may cause the Client being obligated to cover additional expenses such as: compensation, costs of improper postage, costs of resending the order to the right address, or any other rightful costs incurred by the Online Shop to complete the Order.
8. To place an Order, an active electronic mail account is required. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
9. The sales Agreement shall be concluded in Polish and English as selected by the Customer, and its provisions shall correspond to the Terms and Conditions.
10. Order can be placed 24 hours a day, 7 days a week. Online Shop will begin order completion after the Order is successfully placed and payment due for the Order and shipment is made.
11. The Seller reserves the right to conduct any necessary investigation before confirming an order. This may include in particular the demand for proof of address or request details of your bank branch. If such proceedings are initiated, the validation of the order is suspended.

V. Delivery

1. Delivery of the Goods is performed to the EU countries and outside EU to the address indicated by the Customer when placing the Order.
2. Delivery of the Goods is carried out by parcel delivery company.
3. The Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges.
4. The deadline for delivery and processing of the Order shall be calculated per Business Days.

VI. Payments

1. Product prices are shown in PLN, EUR,USD. When ordering from a country other than Poland, you are the importer of the product concerned.
2. Special case of orders shipped to the European Union: inclusive of taxes relating to Product sales including VAT. For professionals with a number of EU VAT wishing to be exempt from VAT, they should contact in advance with the Seller.
3. Special case of orders sent outside the EU:
For all products shipped outside the EU and overseas territories, the price excludes taxes and other payments. Customs duties or other local taxes, import duties or state taxes may be due. These rights are not within the purview of the seller. They will be at your expense and are your sole responsibility, both in terms of returns and payments to the authorities and agencies in your country. We advise you about these issues with your local authorities. You are also to inform local authorities of any import restrictions on the products you wish to order.
4. Orders are not recorded until payment has been validated.
5. The invoice sent to the buyer uses the information he entered in his customer account. The buyer can edit this data each time he places an order through the website.
6. .The full price must be paid at the time of order by :
a) electronic payment (In this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed).
b) bank transfer (you can transfer your payment through your bank. Please note that a transfer your order will only be sent when payment is received. Placing your order you will receive an email with payment details )

VII. Right of withdrawal (cooling-off period )

1. The Consumer can repudiate a purchase contract for a product without giving reasons for a cooling-off period of 14 clear days from the date of delivery. The Seller may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
2. To exercise your rights under the cooling off period, you must send return form to the customer service department at the following address, by registered letter with return receipt : ul. Miedziana 4A, 00-814 Warszawa.
3. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section.
4. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item. The items should be returned immediately, not later than within 14 days.
5. The purchased Goods should be returned to the address of the Seller, attaching the proof of purchase.
6. The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
7. The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.
8. If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred. The Customer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
9. The Seller can exclude the following products and services from the right of withdrawal but only if the Seller notified this clearly when making the offer or at any rate in good time before concluding the agreement:
1) Services agreements, after full performance of the service, but only if the performance started with the Consumer’s explicit prior consent; and the Consumer stated that he will lose his right of withdrawal as soon as the Entrepreneur has fully performed the agreement.
2) Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;
3) Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
4) Perishable products or products with a limited durability.
5) Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
6) Products which for their nature are irreversibly mixed with other products.
7) Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Entrepreneur cannot affect.
8) Agreements that are concluded during a public auction.
9) Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering;
10) Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
11) Sealed audio and video recordings and computer programs of which the seals were broken after delivery; Newspapers, periodicals or magazines, with the exception of subscriptions to them;
12) The delivery of digital content other than on a physical carrier, but only if the performance was started with the Consumer’s explicit prior consent the Consumer stated that he will lose his right of withdrawal by doing so.

VIII. Complaints

1. The Seller shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. The Customer may file a complaint of the good, which turned out to be defective, demanding free repair or lowering the price or withdrawing from the purchase-sale agreement. Due to the used nature of the offered Items, only defects of the good are not covered in the description or in the pictures of the Offer.
3. The Customer may file a complaint of the good which is inconsistent with the description or photos in the Offer, demanding a price reduction or withdrawing from the purchase-sale agreement.
4. Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the following address “ ul. Miedziana 4A, 00-814 Warszawa., to the electronic mail address: kontakt@upstreamfactory.com .
5. The Seller undertakes to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
6. In order for the complaint to be processed, the Customer should send or deliver the Goods in question, attaching the proof of purchase,. The Goods should be delivered or sent to the abovementioned address. The Customer shall incur the direct cost of return of the Goods
7. The Customer who is a Consumer in EU has, among others, the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:
a) he has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;
8. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
9. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU”s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.

IX. Protection of personal information

1. The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy. You have a right to access, rectify, oppose and delete your personal data. See Privacy policy.

XI. Final Provisions

1. These Terms and Conditions will be governed by the law of the Republic of Poland. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
2. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in UE
3. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes, pictures and description of the products are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
4. Any disputes arising between the Seller and the Customer who is a Consumer shall be settled by competent courts in accordance with applicable provisions.
5. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
6. Users agree that all access and use of our Website and its content is at their own risk. The Seller shall not be held liable in any manner for failures, errors, or computer viruses affecting access to this Website, or any computer malfunctions that occur following Website access. The Seller shall not be liable in any manner for any direct or indirect damages arising out of access to the Website or downloading content including images, text, or video files.
7. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.

Standard Form for Withdrawal
(Complete this form and return it only when you want to revoke the agreement

– I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products: [specification of the product]*
…………………………………………………………………………………..
the delivery of the following digital content [specification of the digital content]*
…………………………………………………………………………
the performance of the following service [specification of the service]*
……………………………………………………………………………..

– Ordered on*/received on* [date of ordering the services or receiving products]*
…………………………………………………………………………………………….
– [Consumer’s name]
………………………………………………………………………………………………
– [Consumer’s address]
…………………………………………………………………………………………………
– [Consumer’s signature] (only when this form is submitted on paper)

RETURNS AND COMPLAINT

Right of withdrawal (cooling-off period )

1. The Consumer can repudiate a purchase contract for a product without giving reasons for a cooling-off period of 14 clear days from the date of delivery. The Seller may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
2. To exercise your rights under the cooling off period, you must send return form to the customer service department at the following address, by registered letter with return receipt : ul. Miedziana 4A, 00-814 Warszawa.
3. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section.
4. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item. The items should be returned immediately, not later than within 14 days.
5. The purchased Goods should be returned to the address of the Seller, attaching the proof of purchase.
6. The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
7. The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.
8. If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred. The Customer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
9. The Seller can exclude the following products and services from the right of withdrawal but only if the Seller notified this clearly when making the offer or at any rate in good time before concluding the agreement:
1) Services agreements, after full performance of the service, but only if the performance started with the Consumer’s explicit prior consent; and the Consumer stated that he will lose his right of withdrawal as soon as the Entrepreneur has fully performed the agreement.
2) Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;
3) Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
4) Perishable products or products with a limited durability.
5) Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
6) Products which for their nature are irreversibly mixed with other products.
7) Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Entrepreneur cannot affect.
8) Agreements that are concluded during a public auction.
9) Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering;
10) Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
11) Sealed audio and video recordings and computer programs of which the seals were broken after delivery; Newspapers, periodicals or magazines, with the exception of subscriptions to them;
12) The delivery of digital content other than on a physical carrier, but only if the performance was started with the Consumer’s explicit prior consent the Consumer stated that he will lose his right of withdrawal by doing so.

Complaints

1. The Seller shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. The Customer may file a complaint of the good, which turned out to be defective, demanding free repair or lowering the price or withdrawing from the purchase-sale agreement. Due to the used nature of the offered Items, only defects of the good are not covered in the description or in the pictures of the Offer.
3. The Customer may file a complaint of the good which is inconsistent with the description or photos in the Offer, demanding a price reduction or withdrawing from the purchase-sale agreement.
4. Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the following address “ ul. Miedziana 4A, 00-814 Warszawa., to the electronic mail address: kontakt@upstreamfactory.com .
5. The Seller undertakes to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
6. In order for the complaint to be processed, the Customer should send or deliver the Goods in question, attaching the proof of purchase,. The Goods should be delivered or sent to the abovementioned address. The Customer shall incur the direct cost of return of the Goods
7. The Customer who is a Consumer in EU has, among others, the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:
a) he has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;
8. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
9. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU”s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.