Terms and Conditions

§1. Definitions

The terms used in these Terms and Conditions mean:

1) seller – Fundacja Klub Fundacji Centaurus (Centaurus Foundation Club), based in Wrocław, ul. Skarbowców 23A/BUD.B3, 53-025 Wrocław, Poland, entered in the Register of Associations, Other Social and Professional Organizations, Foundations and Independent Public Healthcare Institutions (and also in the Register of Entrepreneurs) of the National Court Register kept by the District Court in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000278299, REGON: 140974200, NIP (tax ID): 8943068607;

2) supported organization – Fundacja Centaurus – Animality (Centaurus Foundation – Animality), based in Wrocław, ul. Skarbowców 23A/BUD.B3, 53-025 Wrocław, Poland, entered in the Register of Associations, Other Social and Professional Organizations, Foundations and Independent Public Healthcare Institutions of the National Court Register kept by the District Court in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000257551, REGON 020319750, NIP (tax ID) 8982093147;

3) password – the password to the buyer’s account, set during registration;

4) commercial information – any information intended to promote, directly or indirectly, the goods or the image of the seller, excluding information that enables communication with a specific person by electronic means and information about goods that does not serve a commercial effect desired by the entity commissioning its distribution, in particular when provided without remuneration or other benefits from manufacturers;

5) buyer – a natural person who is at least 13 years old (if the person is under 18, the consent of their legal representative is required), as well as a legal person or an organizational unit without legal personality that has legal capacity under specific provisions, who places or intends to place an order (including a consumer);

6) Civil Code – the Polish Civil Code Act of 23 April 1964 (Journal of Laws of 2019, item 1145, as amended);

7) consumer – a natural person performing a legal transaction not directly related to their business or professional activity;

8) account (buyer’s account) – a section of the shop website where the buyer can access and modify the data they have entered;

9) login – a string of alphanumeric characters (email address) needed to access the account, chosen by the buyer during registration;

10) Terms and Conditions – these terms of sale using electronic means of communication;

11) registration – a one-time action in which the buyer creates an account using the panel provided by the seller on the shop website;

12) force majeure – an external event, independent of the parties, unexpected and impossible to avoid or prevent (in particular: epidemics and pandemics, strikes, wars, riots, civil unrest, floods, fires and tornadoes);

13) online shop (shop, portal) – the website available at https://candleswithmission.com through which the buyer can purchase goods owned by the seller;

14) party/parties – the seller (Centaurus Foundation Club) and the buyer;

15) electronic means of communication – technical solutions, including ICT devices and the software tools that work with them, that enable individual remote communication through data transmission between ICT systems, in particular email;

16) goods – movable items offered by the seller through the shop;

17) sales contract (contract) – a contract for the sale of goods within the meaning of the Civil Code, concluded between the seller and the buyer by electronic means of communication, including, with respect to consumers, contracts concluded off-premises or at a distance within the meaning of the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws of 2020, item 287, as amended);

18) Electronic Services Act – the Polish Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2020, item 344);

19) Consumer Rights Act – the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws of 2020, item 287, as amended) – hereinafter the Act;

20) order – the buyer’s declaration of intent aimed directly at concluding a distance sales contract through the online shop.

§2. General provisions

1. These Terms and Conditions set out the rules under which the seller sells goods through the shop using electronic means of communication.

2. All income from the seller’s sale of goods is used for the seller’s statutory goals related to ecology and animal protection.

3. With respect to services provided by electronic means, these Terms and Conditions constitute the terms referred to in Article 8 of the Electronic Services Act.

4. Buyers have access to the goods through the shop.

5. The maximum time needed to put an order together and prepare it for shipping is 5 business days.

6. The seller is obliged to deliver goods free of defects to the buyer.

7. The seller and the buyer are obliged to comply with these Terms and Conditions.

8. The buyer is solely responsible for the actions they take in the shop and/or while placing an order.

9. The seller may entrust the day-to-day operation of the portal to a third party (subcontracting) without informing buyers.

§3. Commercial information on the portal

1. Commercial information is provided by the seller.

2. Commercial information about goods presented on the portal – in particular their descriptions and prices – constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

3. No later than when the buyer (in the case of a consumer) expresses the intention to be bound by a distance contract, the seller informs the buyer clearly and comprehensibly, at the email address provided by the buyer, about:

1) the main characteristics of the goods or service, taking into account the subject of the contract and the means of communicating with the consumer;

2) the seller’s identifying details, in particular its name, the authority that registered its business, and its registration number;

3) the seller’s address, email address and telephone or fax numbers at which the consumer can contact the seller quickly and effectively;

4) the address at which the consumer can submit complaints, if different from the address referred to in point 3;

5) the total price of the goods or service including taxes or, where the nature of the goods or service does not reasonably allow the price to be calculated in advance, the manner in which it will be calculated, as well as any transport, delivery, postal and other charges or, where these charges cannot be determined, the fact that such charges may be payable; for contracts of indefinite duration or subscription contracts, the seller must state the total price per billing period and, where the contract provides for a fixed rate, the total monthly payments;

6) the cost of using the means of distance communication to conclude the contract, where it is higher than the usual cost of using that means of communication;

7) the method and time limit for payment;

8) the method and time limit for performance by the seller and the seller’s complaint-handling procedure;

9) the method and time limit for exercising the right of withdrawal under Article 27 of the Consumer Rights Act, and the model withdrawal form set out in Annex 2 to that Act;

10) the cost of returning the goods in the event of withdrawal, which is borne by the consumer; for distance contracts, the cost of returning goods that by their nature cannot normally be returned by post;

11) the consumer’s obligation to pay the seller’s reasonable costs in accordance with §5(12) of these Terms and Conditions if the consumer withdraws from the contract after making a request under Article 15(3) and Article 21(2) of the Consumer Rights Act;

12) the absence of the right of withdrawal under §5(13) of these Terms and Conditions, or the circumstances in which the consumer loses the right of withdrawal;

13) the seller’s obligation to provide goods that conform with the contract;

14) the existence and terms of any guarantees and after-sales services and how to use them;

15) any code of good practice referred to in Article 2(5) of the Polish Act of 23 August 2007 on Counteracting Unfair Market Practices (Journal of Laws of 2017, item 2070, as amended) and how to access it;

16) the duration of the contract or the method and conditions for terminating it – if the contract is concluded for an indefinite period or is to be renewed automatically;

17) the minimum duration of the consumer’s obligations under the contract;

18) the amount and method of providing a deposit or other financial guarantees that the consumer is required to provide at the seller’s request;

19) the functionality of digital content and the technical measures used to protect it;

20) any relevant interoperability of digital content with hardware and software that the seller is aware of or should reasonably be aware of;

21) the possibility of using out-of-court complaint and redress procedures and the rules for accessing them.

4. The seller is obliged to provide the consumer with confirmation of the distance contract on a durable medium within a reasonable time after it is concluded, and no later than at the time the goods are delivered. The confirmation is sent to the email address provided by the buyer.

5. The confirmation referred to in section 4 includes:

1) the information referred to in section 3, unless the seller provided this information to the consumer on a durable medium before the contract was concluded;

2) information about the consumer’s consent to the supply of digital content in circumstances that result in the loss of the right of withdrawal.

§4. Concluding a sales contract

1. Registration on the portal takes place by completing the relevant fields of the registration form available on the portal and submitting it.

2. The buyer registers by setting a login and a password for the account.

3. To conclude a sales contract, the buyer selects goods on the portal and places an order, providing the buyer’s details (first name, last name, company name), email address, delivery address and payment method, and completes the subsequent technical steps based on the messages or information displayed.

4. Once the order has been prepared, the buyer is shown an order summary listing the selected goods and the data entered – for acceptance.

5. After acceptance and payment for the goods – within the meaning of section 12 – the order is passed on for fulfillment.

6. Information about the order placed is sent to the email address provided by the buyer. The buyer receives the information specified in §3(3).

7. Subject to sections 9–11, the sales contract is concluded when the buyer has successfully completed and accepted the order and paid for the goods ordered.

8. Goods can be purchased after accepting these Terms and Conditions and consenting to the processing of the personal data necessary to perform the contract.

9. If a distance contract concluded by electronic means obliges the consumer to pay, the seller informs the consumer clearly and prominently, directly before the consumer places the order, of the information referred to in §3(3)(1), (5), (16) and (17) above.

10. When placing an order, the consumer explicitly confirms that they understand the order involves an obligation to pay. If a button or similar function is used to place the order, it is labeled in an easily legible way with the words “order with obligation to pay” or another equivalent, unambiguous wording.

11. If the parties fail to meet the requirements set out in section 9 or 10, the sales contract is not concluded.

12. The date of payment for the goods ordered is the day the funds are credited to the seller’s account.

13. The goods purchased will be passed on for fulfillment once the payment has been credited to the seller’s bank account.

14. The seller delivers the goods purchased within the Republic of Poland by its own transport, by courier or via Poczta Polska (Polish Post), under the terms and within the time limits stated in the commercial information. Any additional costs, i.e. shipping costs, are clearly indicated when the order is placed.

15. Information about the availability of goods is provided on the portal for each product.

16. To perform the sales contract, the buyer is obliged to provide all the data needed to fulfill it.

§5. Right to withdraw from a distance or off-premises contract (consumers)

1. A consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving any reason and without incurring any costs, except for the costs set out in Article 33, Article 34(2) and Article 35 of the Consumer Rights Act.

2. The withdrawal period begins:

1) for a contract under which the seller delivers goods and is obliged to transfer their ownership – on the day the consumer, or a third party other than the carrier indicated by the consumer, takes possession of the goods; and in the case of a contract that:

a) covers multiple goods delivered separately, in batches or in parts – on the day the last item, batch or part is taken into possession,

b) involves the regular delivery of goods for a fixed period – on the day the first item is taken into possession;

2) for other contracts – on the day the contract is concluded.

3. If the consumer has not been informed by the seller of the right of withdrawal, that right expires 12 months after the end of the period referred to in Article 27(1) or (2) of the Act.

4. If the consumer is informed by the seller of the right of withdrawal before that right expires under section 3, the withdrawal period ends 14 days after the consumer receives that information.

5. The consumer may withdraw from the contract by submitting a statement of withdrawal to the seller. The statement may be submitted using the model form set out in Annex 2 to the Act.

6. To meet the deadline, it is sufficient to send the statement before the period expires.

7. If the seller allows the statement of withdrawal to be submitted electronically, the consumer may also withdraw from the contract:

1) using the model withdrawal form set out in Annex 2 to the Act;

2) by submitting a statement on the seller’s website.

8. In the event of withdrawal from a distance or off-premises contract, the contract is deemed not to have been concluded.

9. If the consumer submitted the statement of withdrawal before the seller accepted their offer, the offer ceases to be binding.

10. The seller must refund all payments made by the consumer, including the cost of delivering the goods, without undue delay and no later than 14 days from the day it receives the consumer’s statement of withdrawal.

11. The seller makes the refund using the same means of payment that the consumer used, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for them.

12. If the seller has not offered to collect the goods from the consumer itself, it may withhold the refund until it has received the goods back or until the consumer has supplied proof of having sent them back, whichever is earlier.

13. In the event of withdrawal from a contract for the supply of digital content or a digital service, from the day it receives the consumer’s statement of withdrawal the seller may not use any content, other than personal data, provided or created by the consumer while using the digital content or digital service supplied by the seller, except for content that:

1) has no use outside the context of the digital content or digital service that was the subject of the contract;

2) relates only to the consumer’s activity while using the digital content or digital service supplied by the seller;

3) has been combined by the seller with other data and cannot be separated from it, or can be separated only with disproportionate effort;

4) has been created by the consumer together with other consumers who can still use it.

14. The consumer does not have the right to withdraw from an off-premises or distance contract in respect of contracts:

1) for the provision of services for which the consumer must pay, where the seller has fully performed the service with the consumer’s express prior consent and the consumer was informed before performance began that they would lose the right of withdrawal once the seller had performed the service, and acknowledged this;

2) where the price depends on fluctuations in the financial market that are beyond the seller’s control and that may occur before the withdrawal period expires;

3) where the goods are non-prefabricated, made to the consumer’s specifications or clearly personalized;

4) where the goods are liable to deteriorate quickly or have a short shelf life;

5) where the goods are delivered in sealed packaging that is not suitable for return for health protection or hygiene reasons once opened, if the packaging was opened after delivery;

6) where the goods, after delivery, are by their nature inseparably mixed with other items;

7) for alcoholic beverages whose price was agreed when the sales contract was concluded, which can be delivered only after 30 days, and whose value depends on market fluctuations beyond the seller’s control;

8) where the consumer has expressly requested the seller to visit them to carry out urgent repairs or maintenance; if the seller provides other services in addition to those requested, or supplies goods other than spare parts needed for the repair or maintenance, the consumer has the right of withdrawal in respect of those additional services or goods;

9) for sealed audio or video recordings or sealed computer software, if the packaging was opened after delivery;

10) for the supply of newspapers, periodicals or magazines, except for subscription contracts;

11) concluded at a public auction;

12) for the provision of accommodation other than for residential purposes, transport of goods, car rental, catering, or services related to leisure, entertainment, sporting or cultural events, where the contract specifies a date or period of performance;

13) for the supply of digital content not supplied on a tangible medium for which the consumer must pay, where the seller has begun performance with the consumer’s express prior consent, the consumer was informed before performance began that they would lose the right of withdrawal once the seller had performed, and acknowledged this, and the seller has provided the consumer with the relevant confirmation;

14) for the provision of services for which the consumer must pay, where the consumer has expressly requested the seller to visit them to carry out a repair and the service has already been fully performed with the consumer’s express prior consent.

§6. Complaints procedure

1. The buyer may submit a complaint if the shop’s activities or the goods provided for in these Terms and Conditions are not delivered, or are delivered in a manner inconsistent with these Terms and Conditions.

2. Complaints can be submitted electronically using the contact form, or in writing. A complaint should include at least the buyer’s identification and a description of the issue.

3. Complaints must be submitted within 14 days of the day the reason for the complaint became apparent.

4. The seller reviews complaints within 14 days of receiving them in the correct form.

5. If the seller does not respond to a complaint within the time limit referred to in section 4, the complaint is deemed to have been accepted.

6. The response to a complaint is sent only to the buyer’s email address.

7. The complaints procedure does not prevent the buyer from pursuing claims in court.

§7. Conformity of goods with the contract

1. Goods conform with the contract if, in particular, the following conform with the contract:

1) their description, type, quantity, quality, completeness and functionality and, for goods with digital elements, also their compatibility, interoperability and the availability of updates;

2) their suitability for any particular purpose for which the consumer requires them, which the consumer made known to the seller at the latest when the contract was concluded and which the seller accepted.

2. In addition, to conform with the contract, goods must:

1) be fit for the purposes for which goods of the same type are normally used, taking into account applicable law, technical standards or good practice;

2) be of the quantity and have the qualities, including durability and safety and, for goods with digital elements, also functionality and compatibility, that are normal for goods of the same type and that the consumer may reasonably expect, given the nature of the goods and any public statement made by the seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the seller shows that:

a) it was not aware of the public statement and could not reasonably have been aware of it,

b) before the contract was concluded, the public statement had been corrected under the same conditions and in the same form in which it was made, or in a comparable way,

c) the public statement did not influence the consumer’s decision to conclude the contract;

4) be delivered with the packaging, accessories and instructions that the consumer may reasonably expect to receive;

5) be of the same quality as the sample or model that the seller made available to the consumer before the contract was concluded, and match the description of that sample or model.

5. The seller is not liable for a lack of conformity of the goods with the contract to the extent described above if, at the latest when the contract was concluded, the consumer was expressly informed that a specific characteristic of the goods deviated from the conformity requirements, and expressly and separately accepted the absence of that characteristic.

6. The seller is liable for a lack of conformity of the goods with the contract resulting from incorrect installation of the goods if:

1) the installation was carried out by the seller or under its responsibility;

2) incorrect installation by the consumer was due to errors in the instructions provided by the seller or by a third party referred to in Article 6(2) of the Act.

7. The seller is liable for any lack of conformity of the goods with the contract that exists at the time of delivery and becomes apparent within two years of that time, unless the shelf life of the goods specified by the seller, its legal predecessors or persons acting on their behalf is longer. Any lack of conformity that becomes apparent within two years of delivery is presumed to have existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the goods or of the lack of conformity.

8. The seller may not rely on the expiry of the period for establishing a lack of conformity if it fraudulently concealed that lack of conformity.

9. For goods with digital elements, the seller is liable for any lack of conformity of digital content or a digital service supplied continuously that occurs or becomes apparent during the period in which, under the contract, it was to be supplied. This period may not be shorter than two years from the delivery of the goods with digital elements. Any lack of conformity of the digital content or digital service that becomes apparent during this period is presumed to have occurred during it.

§7a. Consumer rights in the event of a lack of conformity

1. If the goods do not conform with the contract, the consumer may request their repair or replacement.

2. The seller may replace the goods when the consumer requests repair, or repair them when the consumer requests replacement, if bringing the goods into conformity in the way chosen by the consumer is impossible or would involve disproportionate costs for the seller. If both repair and replacement are impossible or would involve disproportionate costs, the seller may refuse to bring the goods into conformity with the contract.

3. When assessing whether costs are disproportionate for the seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity, the value of the goods if they conformed with the contract, and any significant inconvenience to the consumer caused by changing the way the goods are brought into conformity.

4. The seller carries out the repair or replacement within a reasonable time from when it was informed by the consumer of the lack of conformity, and without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer acquired them. The seller bears the costs of repair or replacement, including in particular postage, transport, labor and materials.

5. The consumer makes the goods to be repaired or replaced available to the seller. The seller collects the goods from the consumer at its own expense.

6. If the goods were installed before the lack of conformity became apparent, the seller removes the goods and reinstalls them after repair or replacement, or has this done at its own expense.

7. The consumer is not required to pay for normal use of goods that have subsequently been replaced.

§7b. Price reduction; withdrawal from the contract

1. If the goods do not conform with the contract, the consumer may submit a statement requesting a price reduction or withdrawing from the contract when:

1) the seller has refused to bring the goods into conformity with the contract under Article 43d(2) of the Act;

2) the seller has failed to bring the goods into conformity with the contract under Article 43d(4)–(6) of the Act;

3) the lack of conformity persists even though the seller has tried to bring the goods into conformity with the contract;

4) the lack of conformity is so serious that it justifies a price reduction or withdrawal from the contract without first using the remedies set out in Article 43d of the Act;

5) it is clear from the seller’s statement or the circumstances that the seller will not bring the goods into conformity with the contract within a reasonable time or without significant inconvenience to the consumer.

2. The reduced price must be in the same proportion to the contract price as the value of the non-conforming goods is to the value of the goods if they conformed with the contract.

3. The seller refunds the amounts due as a result of a price reduction without undue delay and no later than 14 days from the day it receives the consumer’s statement requesting the reduction.

4. The consumer may not withdraw from the contract if the lack of conformity is minor. A lack of conformity is presumed not to be minor.

5. If the lack of conformity concerns only some of the goods delivered under the contract, the consumer may withdraw from the contract only in respect of those goods, and also in respect of other goods purchased together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the conforming goods.

6. In the event of withdrawal from the contract, the consumer returns the goods to the seller without undue delay, at the seller’s expense. The seller refunds the price without undue delay and no later than 14 days from the day it receives the goods or proof that they have been sent back.

7. The seller makes the refund using the same means of payment that the consumer used, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for them.

§8. Personal data

1. The data processed by the seller, such as first and last name, delivery address, telephone number and email address, are ordinary personal data. They are processed to perform the contract concluded (e.g. to fulfill the order and ship the product to the buyer) on the basis of the customer’s prior consent, and to provide information about the statutory activities of the Centaurus Foundation.

2. Personal data are processed in accordance with the Privacy Policy.

1. The buyer may consent to receiving marketing information or the seller’s newsletter at their email address and phone number.

2. Consent is given by clicking the relevant field of a form on the website.

3. Once consent is given, an automatically generated message with an activation link is sent to the buyer’s email address. When the buyer clicks the link, their email address is activated in the mailing database. The buyer may withdraw their consent at any time.

§10. Final provisions

1. For the avoidance of doubt, nothing in these Terms and Conditions limits the rights a consumer has under the laws of the Republic of Poland.

2. If any provision of that kind is found, the laws of the Republic of Poland apply, in particular the Civil Code and the Consumer Rights Act.

3. If any provision of these Terms and Conditions is found invalid or ineffective in the manner provided by law, this does not affect the validity or effectiveness of the remaining provisions. The invalid provision is replaced by the rule that comes closest to the purpose of the invalid provision and of these Terms and Conditions as a whole.

4. Failure to perform a non-monetary obligation due to force majeure does not give rise to any claims for damages or contractual penalties, unless the party affected by force majeure failed to notify the other party of such circumstances immediately once it was able to do so.

5. Matters not covered by these Terms and Conditions are governed by the laws of the Republic of Poland.

6. The seller reserves the right to amend these Terms and Conditions at any time.

7. Amendments take effect once they have been clearly indicated and published on the portal.

8. The current Terms and Conditions are published on the portal and are provided to the buyer free of charge (by email) upon request.