Terms and Conditions

Online Store Terms and Conditions
BotegaElena

Chapter 1.General provisions, contact with the store owner
1. These terms and conditions (hereinafter "Terms and Conditions") define the principles and conditions for using the BotegaElena online store, operating at the web address https://botegaelena.pl.
2. The owner of the Store is JAROSŁAW KRZYŻANIAK, an entrepreneur conducting business under the name AD 2000 with headquarters at: Łódź 93-490, ul. Ujście, 14 registered in the Central Register and Information on Economic Activity, Tax ID: 7-291-404-319, REGON: 471-680-783 (hereinafter "Seller").
3. The Seller's contact details are as follows:
  
  Contact address: Ujście 14, 93-490 Łódź
  E-mail address: kontakt@botegaelena.pl
  Phone number: 607-885-955 (customer service phone hours – in the Contact section).
4. These Terms and Conditions contain:
  1. information about the e-commerce service offered and provided by the Seller, which consists of enabling customers to purchase goods and digital content or digital services online (i.e. at a distance) in the Store (hereinafter "Store Service");
  2. information necessary to use the above-mentioned service.
Chapter 2.Technical requirements
1. In order to use the Store, it is necessary to have:
  1. a computer or other device with an internet browser;
  2. access to the Internet;
  3. an active e-mail address.
Chapter 3.Personal data
1. The administrator of the personal data of Store customers is the Seller.
2. All information about the processing of personal data of customers, as well as other persons using the Store's website, can be read in the Privacy Policy.
Chapter 4.Conclusion of sales contract, customer account
1. The Store enables the purchase of goods (hereinafter "Goods"), displayed on the Store's website, in two modes:
  1. without registration;
  2. with the creation of an account in the Store.
  In both cases, in order to place an order, it is necessary to select Goods in the Store, add them to the "Cart" using the appropriate button and continue the order placement procedure by selecting appropriate options (delivery and payment method).
2. Information about products in the Store, i.e. descriptions and prices, constitute an invitation to conclude a sales contract within the meaning of Article 71 of the Civil Code, in accordance with the Terms and Conditions.
3. A condition for placing an order is to fill in all required data in the order form necessary to execute the contract and possibly (at the customer's request) also data to generate a VAT invoice.
4. If the customer decides to create an account in the Store (hereinafter "Account"), registration is one-time, and the e-mail address and password chosen by the customer are the basis for subsequent login. Details of the Seller's provision of the digital service of maintaining the Account are available below in the Account Terms and Conditions. After logging into the Account, the customer has access to their order history, and when placing subsequent orders, they do not have to fill in the order form with their personal data again.
5. The customer can resign from having an account at any time without incurring any costs. To do this, send your resignation to the e-mail address: kontakt@botegaelena.pl.
6. The customer's approval of the order with the "Buy and pay" button (or another with identical wording) means:
  1. submitting to the Seller an offer to purchase Goods in accordance with the options selected in the order and in accordance with these Terms and Conditions,
  2. acceptance of the obligation to pay the price of the Goods and the costs of their delivery.
7. The conclusion of a sales contract (hereinafter "Contract") occurs at the moment the order is accepted by the Seller for execution (acceptance of the customer's offer), which the Seller informs about via an e-mail message confirming the acceptance of the order for execution.
8. In the event that it is not possible to fulfill the order for Goods (in whole or in part), the Seller will inform the customer about this - the Contract is not concluded. The Seller will simultaneously inform the customer about existing possibilities of another method of order fulfillment, e.g. partial order fulfillment or waiting for the Seller to replenish inventory. If the order has been previously paid for by the customer and cannot be fulfilled, the Seller immediately returns the payments made by the customer (according to the scope of order cancellation).
9. The Seller provides the customer with confirmation of the conclusion of the Contract on a durable medium no later than at the moment of delivery of the Goods
10. The Store is not responsible for non-delivery of the order or delays in its delivery resulting from the customer providing an incomplete / incorrect delivery address or failure to provide other data necessary to fulfill the order.
11. The Seller reserves the right to suspend order fulfillment in a situation where the customer provided false data or when such data raises justified doubts as to their correctness. In such a case, the Seller (if possible) will attempt to contact the customer in order to verify the authenticity of the provided data.
Chapter 5.Prices and payment methods
1. Prices of Goods are given in Polish zloty (PLN) and in gross amount, i.e. including VAT.
2. The cost of delivery of Goods is provided separately in the Store's cart, depending on the delivery method chosen by the customer.
3. Available payment methods are presented to the customer at the stage of placing an order (in the cart).
4. The Store offers the following payment methods:
  1. fast electronic transfer / BLIK / so-called virtual wallet payment - via payment platform:
    - Shoper Payments (Autopay)
    - inPost Pay
  2. card payment: Visa, Visa Electron, MasterCard, MasterCard Electronic
  3. cash on delivery (COD shipment)
5. In the case of choosing payment via Shoper Payments, the entity providing online payment service in the scope of fast transfers and payment cards is Autopay S.A.
Chapter 6.Delivery of goods
1. Delivery of Goods takes place according to the customer's choice:
  - via courier company
  - to InPost parcel lockers
2. Except for Goods collected by the customer in person, the order is considered fulfilled at the moment of dispatching the shipment to the customer (entrusting the shipment to the carrier engaged in transport). The exact actual delivery date of the shipment is determined by the carrier.
3. Goods are shipped by the Seller within 2 business days, unless a different deadline is clearly stated in the product description when the customer places an order. Detailed fulfillment deadlines are provided on the Store's website and/or the Seller will provide them in an individual message addressed to the Customer.
4. The Seller standardly handles orders in the territory of the Republic of Poland for the costs indicated on the Store's website in the "Delivery time and costs" section.
Chapter 7.Withdrawal from the contract
1. A customer who is a consumer or an entrepreneur referred to in Article 7aa of the Consumer Rights Act (hereinafter "Privileged Entrepreneur") has the statutory right to withdraw from the Goods sales contract within 14 days of receiving them, without giving a reason, subject to the exceptions mentioned below.
2. To meet the deadline for withdrawal from the contract, it is sufficient for the customer to send within the above-mentioned period a statement:
  - in electronic form to the address: kontakt@botegaelena.pl or
  - in written form to the address: Ujście 14, 93-490 Łódź.
3. The statement of withdrawal from the contract may be made according to the template - Download template form. Using the template is not mandatory. The Seller will immediately send the customer by e-mail confirmation of receipt of the statement of withdrawal from the contract.
4. Then, within the next 14 days, the customer should return the returned Goods at their own expense to the postal address Ujście 14, 93-490 Łódź.
5. The Seller immediately, no later than within 14 days from receiving the statement of withdrawal from the contract, will refund to the customer:
  - the price of the Goods;
  - the costs of the original shipment of Goods to the customer according to the cheapest ordinary method of delivering goods offered in the Store.
6. The Seller may withhold the refund until they receive the Goods back, or at least the customer provides the Seller with proof of sending the goods.
7. The refund will be made using the same payment methods that were used by the customer in the original transaction, unless the customer has expressly agreed to a different solution.
8. The customer is liable for the reduction in the value of the returned Goods if, before submitting the statement of withdrawal from the contract, they used the Goods in a manner other than necessary to establish the nature, characteristics and functioning of the goods.
Chapter 8.Exceptions to the right of withdrawal from the Goods sales contract
1. The right to withdraw from the contract does not apply in the case of Contracts for the delivery of Goods:
  1. non-prefabricated, manufactured according to the consumer's /Privileged Entrepreneur's specifications or serving to satisfy their individualized needs (personalized goods);
  2. subject to rapid deterioration or having a short shelf life (quickly perishable goods);
  3. delivered in sealed packaging, if the customer opened this packaging and the goods cannot be returned after opening the packaging for health protection or hygiene reasons (goods packaged for hygiene reasons);
  4. sound, visual recordings or computer programs delivered on a material medium (e.g. CD) in sealed packaging, if the packaging was opened after delivery;
  5. which after delivery, due to their nature, become inseparably combined with other goods (e.g. building materials, if they have been used);
  6. newspapers, periodicals or magazines, except for a subscription contract (paper press);
  7. whose price depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline for withdrawal from the contract;
  8. alcoholic beverages, the price of which was agreed upon when concluding the sales contract, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control.
Chapter 9.Complaints
1. The Seller is obliged to deliver to the customer Goods that are in accordance with the Contract.
2. Towards consumers and Privileged Entrepreneurs, the Seller is liable for conformity of Goods in accordance with the provisions of the Consumer Rights Act. Towards other customers, the Seller is liable on the principles resulting from the Civil Code.
3. Complaints can be submitted:
  - in electronic form to the address: kontakt@botegaelena.pl
  - or in written form to the address: Ujście 14, 93-490 Łódź.
4. The Seller will consider the complaint in the form in which it was submitted (in writing or via e-mail message) within 14 days from receiving the complaint.
5. In case of dissatisfaction with the way the Seller handled the complaint, a consumer and Privileged Entrepreneur may (regardless of ordinary proceedings before a common court) also use out-of-court methods of considering complaints and claiming rights.
6. For the above purpose, you can:
  1. apply to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable conclusion of the dispute,
  2. use the help of a poviat (municipal) consumer rights ombudsman or a social organization whose statutory tasks include consumer protection,
  3. apply to a permanent consumer arbitration court with a request to resolve the dispute arising from the concluded contract.
7. Additional information regarding out-of-court methods of considering complaints and claiming rights can also be obtained on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.
Chapter 10.Accessibility
1. This chapter of the Terms and Conditions contains information on how the Store Service meets accessibility requirements.
2. Both the Terms and Conditions and the Store's website are made available in electronic form, readable using assistive tools.
3. The information contained in the Terms and Conditions has been prepared in text formats, enabling their use in alternative and assistive communication. They can be read using assistive tools. Contrasts and spaces between letters, lines and paragraphs have been applied, as well as appropriately large, legible fonts of size and style that enable their reading, e.g. by enlarging the text or using assistive tools. The Terms and Conditions do not contain significant non-textual content.
4. The information contained in the Terms and Conditions is provided in a way that ensures perceptibility, functionality, comprehensibility and compatibility.
5. Information on how the Store Service meets accessibility requirements can be read in the Accessibility Statement.
Chapter 11.Final provisions
1. Polish law applies to Contracts concluded in the Store. The Contract is concluded in Polish.
2. None of the provisions of the Terms and Conditions excludes or in any way limits the rights of a consumer (and Privileged Entrepreneur) arising from legal provisions.
3. The Seller may make changes to the Terms and Conditions at any time, however such changes apply to orders placed after the publication of the new version of the Terms and Conditions, and in the case of (i) previously concluded Contracts for the provision of a digital service or electronic service, as well as in the case of (ii) customers having an Account in the store - the customer will be notified of the change to the Terms and Conditions and the possibility of not accepting the new content.
4. The Terms and Conditions are effective from 23-10-2025.

Account Terms and Conditions
in the BotegaElena store

Chapter 1.General provisions, contact with the Seller
1. These account terms and conditions ("Account Terms and Conditions") define the principles and conditions for using the customer account ("Account") in the BotegaElena online store ("Store").
2. These Account Terms and Conditions constitute the terms and conditions of an electronic service within the meaning of the Act on the provision of electronic services. The Account Service is an additional and ancillary service in relation to the Seller's main activity, i.e. offering customers the purchase of Goods. The Account maintenance service is free of charge.
3. The Account Terms and Conditions constitute a supplement to the Store Terms and Conditions. In matters not regulated in the Account Terms and Conditions, the provisions of the Store Terms and Conditions apply to this service.
4. The Seller's contact details in matters concerning the Account service are the same as for the Store:
  Ujście 14, 93-490 Łódź
  e-mail: kontakt@botegaelena.pl
  tel.: 607885955
Chapter 2.Technical requirements and functionalities of the Account service
1. Technical requirements for using the Account service are the same as for using the Store and are indicated in Chapter 2, point 1 of the Store Terms and Conditions.
2. Using the Account, the Store customer has the ability to:
  1. save and store their personal data (including delivery address) in the Account, which enables making subsequent purchases in the Store without having to fill in the address form again,
  2. view their order history,
  3. view order fulfillment status.
Chapter 3.Contract for the provision of Account service, withdrawal from the contract, resignation from the Account
1. The customer's creation of an Account is tantamount to concluding a contract for the provision of an electronic service for an indefinite period. The customer may resign from having an Account at any time without giving a reason. To do this, contact the Seller electronically at kontakt@botegaelena.pl. The customer also has the statutory right to withdraw from the contract for the provision of the Account maintenance service within 14 days of its conclusion.
Chapter 4.Complaints
1. Towards consumers and Privileged Entrepreneurs, the Seller is liable for conformity of the Account service with the contract in accordance with the provisions of the Consumer Rights Act. Towards other customers, the Seller is liable on the principles resulting from the Civil Code.
2. Complaints regarding the Account service may be submitted to the Seller in accordance with the procedure provided for in Chapter 9, points 3-5 of the Store Terms and Conditions.
3. In case of dissatisfaction with the way the Seller handled the complaint, there is also the possibility of using out-of-court methods of considering complaints and claiming rights, in accordance with the procedure described in Chapter 9, points 6-7 of the Store Terms and Conditions.
Chapter 5.Personal data
1. Full information on the processing of personal data of Store customers, including for the purposes of maintaining the Account, can be found in the Privacy Policy.
Chapter 6.Changes to the Account Terms and Conditions
1. The Seller may make changes to these Account Terms and Conditions on the principles indicated in Chapter 11, point 3 of the Store Terms and Conditions. If the customer does not accept the new wording of the Account Terms and Conditions, they may terminate the contract for the provision of the Account service (by contacting the Seller electronically for this purpose) with a 14-day notice period.

Newsletter Terms and Conditions
in the BotegaElena store

Chapter 1.General provisions, contact with the Seller
1. These newsletter terms and conditions ("Newsletter Terms and Conditions") define the principles and conditions for the Seller's ("Seller") - owner of the BotegaElena online store ("Store") - provision of the so-called newsletter service.
2. The Newsletter is periodic electronic messages sent by the Seller to the e-mail address of a person who has expressed appropriate marketing consent ("Subscriber"). These messages contain in particular commercial information regarding the Store and the Seller. These messages may also contain other content related to the Seller's activity, the Store's industry, possibly educational content, which in the Seller's opinion may be interesting and useful for customers or potential customers of the Store ("Newsletter").
3. These Newsletter Terms and Conditions constitute the terms and conditions of an electronic service within the meaning of the Act on the provision of electronic services. The Newsletter Service is an additional and ancillary service in relation to the Seller's main activity, i.e. offering customers the purchase of Goods. The Newsletter Service is free of charge.
4. The Newsletter Terms and Conditions constitute a supplement to the Store Terms and Conditions. In matters not regulated in the Newsletter Terms and Conditions, the provisions of the Store Terms and Conditions apply to this service.
5. The Seller's contact details in matters concerning the Newsletter service are the same as for the Store
  Ujście 14, 93-490 Łódź
  e-mail: kontakt@botegaelena.pl
  tel.: 607885955
Chapter 2.Technical requirements and functionalities of the Newsletter service
1. In order to use the Newsletter service, it is necessary to have:
  1. a computer or other device with software that enables receiving e-mail messages,
  2. an active e-mail address,
  3. access to the Internet.
2. Using the Newsletter, the Subscriber has the ability to receive e-mail messages from the Seller containing among others:
  1. information about news and promotions in the Store,
  2. discount codes and/or information about other special benefits for Newsletter subscribers,
  3. other content related to the Store's and Seller's activity, the Store's industry, possibly educational content, which in the Seller's opinion may be interesting and useful for customers or potential customers of the Store.
3. The Seller does not guarantee or declare a specific frequency of sending the Newsletter. The Seller decides on the time of sending, as well as on the content of commercial information contained in the Newsletter.
Chapter 3.Contract for the provision of Newsletter service, withdrawal from the contract, resignation from the Newsletter
1. The conclusion of a contract for the Newsletter service may occur:
  1. when a person visiting the Store fills in the appropriate form on the Store's website, providing their e-mail address to which they want to receive commercial information,
  2. when placing an order in the Store – when the customer in the Store's cart expresses consent to receive commercial information by checking the appropriate checkbox.
2. The Seller may - as an incentive to subscribe to the Newsletter - offer potential Subscribers a bonus (gift, so-called lead magnet) in the form of a discount code, digital content (e.g. free e-book) or other benefit for the subscriber, related to the store's activity (e.g. one-time free delivery of Goods) ("Bonus"). Information about the Bonus granted in connection with Newsletter subscription is then on the Store's website.
3. The Bonus is delivered to the Subscriber at the e-mail address provided at subscription, immediately after concluding the contract for the Newsletter service. The Bonus is made available in an appropriate digital form (e.g. a link enabling downloading an e-book, discount code, code to be entered in the appropriate field of the Store's cart in order to receive free delivery).
4. The contract for the provision of the Newsletter electronic service is concluded for an indefinite period. The Subscriber may resign from the Newsletter at any time without giving a reason. To do this:
  1. click on the appropriate link contained in each message sent as part of the Newsletter or
  2. contact the Seller electronically.
5. The customer also has the statutory right to withdraw from the contract for the provision of the Newsletter service within 14 days of its conclusion.
6. The Seller may at any time cease to provide the Newsletter service, about which all Subscribers will be notified.
7. In the event that the Subscriber does not open messages sent by the Seller as part of the Newsletter for more than 2 months, the Seller (with additional prior notice) ceases to provide the Newsletter service to this Subscriber.
Chapter 4.Complaints
1. Towards consumers and Privileged Entrepreneurs, the Seller is liable for conformity of the Newsletter service with the contract in accordance with the provisions of the Consumer Rights Act. Towards other customers, the Seller is liable on the principles resulting from the Civil Code.
2. Complaints regarding the Newsletter service may be submitted to the Seller in accordance with the procedure provided for in Chapter 9, points 3-5 of the Store Terms and Conditions.
3. In case of dissatisfaction with the way the Seller handled the complaint, there is also the possibility of using out-of-court methods of considering complaints and claiming rights, in accordance with the procedure described in Chapter 9, points 6-7 of the Store Terms and Conditions.
Chapter 5.Personal data
1. Full information on the processing of personal data of Store customers, including for the purposes of providing the Newsletter service, can be found in the Privacy Policy.
Chapter 6.Changes to the Newsletter Terms and Conditions
1. The Seller may make changes to these Newsletter Terms and Conditions on the principles indicated in Chapter 11, point 3 of the Store Terms and Conditions. If the Subscriber does not accept the new wording of the Newsletter Terms and Conditions, they may terminate the contract for the provision of the Newsletter service with a 14-day notice period (by contacting the Seller electronically for this purpose) or with immediate effect (in the manner indicated in Chapter 3, point 3 of the Newsletter Terms and Conditions).