Terms of service

Terms of service of the foundation.coffee online store of 01.06.2023.

1.

1. The owner and administrator of the foundation.coffee online store available at www.ffoundation.coffee is Foundation Coffee Roasters LLC with its registered office in Warsaw, at 35 apt., 3, FRANCISZKAŃSKA street, Warsaw, code 00-233, entered into the Register of Entrepreneurs of the National Court Register under number 0001014694, NIP: 5252940403 and share capital in the amount of PLN 450,000.00 ("Service Provider" or "Seller"), e-mail: info@foundation.ua, telephone number +48 517 393 325.
2. These Regulations define the conditions for the provision of Services and the sale of Goods by the Seller via the Store, as well as the rights and obligations of the Customer and the Service Provider.
3. The User is obliged to read the Regulations before using the Store.
4. The Store provides the ability to download, save and print the Regulations.

2.

Capitalized terms should be understood as follows:

1. a) Business days - these are days from Monday to Friday, excluding public holidays;
2. b) Order Form - a form available on the Store's website that allows you to place an Order;
3. c) Civil Code - the Act of April 23, 1964, as amended;
4. d) Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to its business or professional activity;
5. e) Account - marked with an individual name (login) and password, a set of resources in the Service Provider's ICT system, in which the Customer's data is collected, including information about placed Orders;
6. f) Customer - a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; legal person; or an organizational unit without legal personality, which the law grants legal capacity; – who places an Order within the Online Store;
7. g) Newsletter - an information bulletin sent by the Service Provider at the User's request to the e-mail address indicated by him;
8. h) Store - means the online store available under the internet domain foundation.coffee;
9. i) Regulations - these Regulations, specifying the conditions for using the Store and selling the Goods via the Store;
10. j) Seller/Service Provider - Foundation Coffee Roasters LLC with its registered office in Warsaw, at 35 apt., 3, FRANCISZKAŃSKA street, Warsaw, code 00-233, entered into the Register of Entrepreneurs of the National Court Register under number 0001014694, with NIP: 5252940403;
11. k) Subscription - a method of executing orders for Goods enabling the Customer to receive a specific type and type of Goods each month from the moment of starting the subscription until its cancellation;
12. I) Goods - a movable item or service available in the Store's offer, which is the subject of the Sales Agreement concluded between the Customer and the Seller;
13. m) Sales Agreement - means a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
14. n) Services - services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002, as amended, on the provision of electronic services;
15. o) Service Recipient - a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity; – who uses or intends to use the Services;
16. p) User - Buyer. Service Recipient and a natural person, legal person or organizational unit without legal personality freely using the Store;
17. q) Consumer Rights Act - the Act of 30 May 2014 on consumer rights, as amended;
18. r) Order - Customer's declaration of will, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and number of purchased Goods or the type of Subscription;

3.

General provision

1. These Regulations define the general terms and conditions of using the Store, the methods of using the Services and the terms of sale of the Goods by the foundation.coffee Store.
2. The Regulations are available to each User at foundation.coffee.
3. Before using the Store, it is required to read these Regulations and accept its content. It is considered that reading and accepting these Regulations is tantamount to providing the Seller with the information referred to in art. 12 of the Act of 30 May 2014 on consumer rights, this information is included in the following sections of the regulations.
4. The recommended browsers for using the store are: Microsoft Edge (current version), Firefox (current version), Chrome (current version), Opera 40.0 and subsequent versions, Safari (current version), with standard settings (functions such as blocking cookies or Adblock may prevent proper use of the Store).
5. If the User uses hardware or software that does not meet the technical requirements set out above, the Service Provider does not guarantee the proper functioning of the Services and stipulates that this may have a negative impact on the quality of the Services provided.
6. The Service Recipient / Customer is obliged to:
   a) provide only true, up-to-date and all necessary data when registering and ordering in the Store, as well as updating them immediately;
   b) use the Services provided by the Service Provider in a way that does not interfere with the functioning of the Service Provider, the Store and other Service Recipients/Clients;
   c) use the services provided by the Service Provider in a manner consistent with the law and the provisions of these Regulations.
7. From January 1, 2021, the provisions regarding the Consumer specified in these regulations and the Act on Consumer Rights (right to withdraw from the contract, liability under the warranty, prohibited contractual provisions) shall also apply to contracts concluded from that date also for Customers who are natural persons concluding a contract directly related to their business activity, when the content of these contracts shows that it is not of a professional nature for them. In order to determine whether such a customer has consumer rights under certain circumstances, it is necessary to verify whether the concluded contract is of a professional nature based on the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland.

4.

Goods and Orders

1. The Store sells Goods via the Internet.
2. The goods offered in the Store are new, free from physical and legal defects and have been legally introduced to the Polish market.
3. The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Good under the conditions specified in its description.
4. The price of the Goods shown on the Store's website is given in Euro (EUR) and includes all components, including VAT. The price does not include delivery costs.
5. The price of the Goods shown on the Store's website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes in the Store that may occur in relation to individual Goods after the Customer has placed the Order.
6. Orders can be placed via the website using the Store Order Form - 24 hours a day throughout the year.
7. In order to place an Order, the Customer is not required to register an Account in the Store.
8. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
9. Goods on promotion (sale) have a limited number of items and Orders for them will be processed in the order in which they are received until the stock of a given Good is exhausted.
10. The seller enables customers to use the subscription billing model. The Customer may join the Subscription consisting in the possibility of purchasing Products whose delivery will take place cyclically, which will enable the Customer to receive a given type of Product for the subscription period selected by the Customer.
11. The Seller provides a period of monthly subscription carried out cyclically. Joining the Subscription includes an advance payment for the entire period of the monthly subscription. The Customer may resign from the Subscription service, but not later than 3 days before the planned shipment of the Order covered by the Subscription by canceling the service. In the absence of resignation, the Subscription period is extended for the next monthly period. In such situations, the customer is obliged to pay for the next monthly subscription period.
12. By concluding a contract with the Seller and choosing a subscription with the option of a recurring fee, the Customer agrees to the cyclical charging by the Payment Operator (Stripe Payments Europe, Limited (“SPEL”); Stripe Technology Europe, Limited (“Stripe PSP”)) from the payment card of the amount of money corresponding to the amount of the fee for the service. The fee will be charged by the Payment Operator once a month.
13. As part of the recurring payment service, the customer has the option of saving card details and ordering a direct debit order. Card details will be stored by the Payment Operator (Stripe Payments Europe, Limited (“SPEL”); Stripe Technology Europe, Limited (“Stripe PSP”)).

5.

Conclusion of the Sales Agreement

1. To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the methods provided by the Seller, in accordance with § 3 points 6 and 8 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt.
3. Confirmation of acceptance of the Order referred to in paragraph 2 of this paragraph binds the Customer with his Order. Confirmation of receipt of the Order takes place by sending a message to the e-mail address.
4. Confirmation of receipt of the Order includes:
   a) confirmation of all essential elements of the Order,
   b) contract withdrawal form,
   c) these Regulations containing information on the right to withdraw from the contract.
5. After verifying the Order, the Seller immediately confirms the acceptance of the Order for execution by sending an e-mail. Confirmation of acceptance of the Order for execution binds the Customer with his Order.
6. Upon receipt by the Customer of the e-mail referred to in par. 4 or 5 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
7. Each Sales Agreement will be confirmed with a proof of purchase (VAT invoice), which will be attached to the Goods and/or sent by e-mail to the Customer's e-mail address provided in the Order Form.

6.

Payments

1. The seller provides payment via an electronic payment system (Stripe Payments Europe, Limited (“SPEL”); Stripe Technology Europe, Limited (“Stripe PSP”)).
2. In the case of payment via an electronic payment system, the Customer makes the payment before starting the execution of the Order. The electronic payment system allows you to make payments by credit card or a quick transfer from selected Polish banks.
3. The Customer is obliged to pay the price under the Sales Agreement within 3 working days from the date of its conclusion, unless the Sales Agreement provides otherwise.
4. The goods will be sent only after payment.
5. The operator of payment cards Stripe Technology Europe, Limited which has its principal place of business at The One Building, 1, Lower Grand Canal Street, Dublin 2, Ireland ("STEL"). STEL is authorized as an electronic money institution by the Central Bank of Ireland (reference number: C187865).

7.

Delivery

1. The costs of delivery of the Goods covered by the Customer are determined during the Order placement process and depend on the choice of payment method and the method of delivery of the purchased Goods.
2. Orders are sent to the Customer within 2 business days and is counted from the moment of positive authorization of the transaction by the electronic payment system.

8.

Complaints about the Goods and the Entrepreneur's Warranty

Complaint of the Consumer and the Entrepreneur with the rights of the Consumer

1. The goods are compliant with the contract if, in particular, their:
   a) description, type, quantity, quality, completeness and functionality;
   b) suitability for a specific purpose for which it is needed by the Consumer or Entrepreneur with Consumer rights, about which the Consumer or Entrepreneur with Consumer rights notified the Seller at the latest at the time of conclusion of the contract and which the Seller accepted.
   
   

   In addition, in order to be considered compliant with the contract, the Goods must:

   a) be fit for the purposes for which Goods of this type are usually used, taking into account applicable laws, technical standards or good practices;
   b) occur in such quantity and have such features, including durability and safety, and in relation to Goods with digital elements - also functionality and compatibility, which are typical for Goods of this type and which the Consumer or Entrepreneur with Consumer rights may reasonably expect, taking into account take into account the nature of the Goods and the public assurance made by the Seller, his legal predecessors or persons acting on their behalf, in particular in the advertisement or on the label, unless the Seller proves that:
   i. did not know about the public assurance and, judging reasonably, could not have known about it;
   ii. prior to the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was given, or in a comparable manner;
   iii. the public assurance did not affect the decision of the Consumer or Entrepreneur with Consumer rights to conclude the contract.
   c) be delivered with packaging, accessories and instructions that the Consumer or Entrepreneur with Consumer rights may reasonably expect to be provided;
   d) be of the same quality as the sample or pattern that the Seller made available to the Consumer or Entrepreneur with Consumer rights before the conclusion of the contract, and correspond to the description of such sample or pattern.
2. The Seller shall not be liable for the non-compliance of the Goods with the contract in the scope referred to in §8 section 2, if the Consumer or Entrepreneur with Consumer rights, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the Goods deviates from the requirements of compliance with the contract set out in §8 para. 2, and clearly and separately accepted the lack of a specific feature of the Goods.
3. The Seller shall be liable for the non-compliance of the Goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer. It is presumed that the lack of conformity of the Goods with the contract, which was revealed before the expiry of two years from the moment of delivery of the goods, existed at the time of its delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract.
4. The Seller may not invoke the expiry of the deadline to determine the non-conformity of the Goods with the contract specified in §8 section 4, if this deficiency was deceitfully concealed.
5. If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with Consumer rights may demand its repair or replacement.
6. The Seller may make a replacement when the Consumer or Entrepreneur with Consumer rights requests repair, or the Seller may make repairs when the Consumer or Entrepreneur with Consumer rights demands replacement, if the Goods are brought into conformity with the contract in a manner chosen by the Consumer or Entrepreneur with Consumer rights. is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into compliance with the contract.
7. When assessing the excess of costs for the Seller, all circumstances of the case are taken into account, in particular the importance of the non-conformity of the Goods with the contract, the value of the Goods in accordance with the contract and excessive inconvenience to the Consumer or Entrepreneur with Consumer rights resulting from the change in the way of bringing the Goods into compliance with the contract.
8. The Seller makes the repair or replacement within a reasonable time from the moment when the Seller was informed by the Consumer or Entrepreneur with Consumer rights about the lack of compliance with the contract, and without excessive inconvenience to the Consumer or Entrepreneur with Consumer rights, taking into account the specificity of the Goods and the purpose in which the Consumer or Entrepreneur with Consumer rights acquired it. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
9. The Consumer or Entrepreneur with Consumer rights provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Consumer or Entrepreneur with Consumer rights at his own expense.
10. The Consumer or Entrepreneur with Consumer rights is not obliged to pay for the usual use of the Goods, which were then replaced.
11. If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with Consumer rights may submit a statement of price reduction or withdrawal from the contract when:
    a) The Seller refused to bring the Goods into conformity with the contract in accordance with §8 section 7 above;
    b) The Seller has not brought the Goods into conformity with the contract in accordance with §8 section 9 to §8 sec. 11 above;
    c) the non-compliance of the Goods with the contract continues, even though the Seller has tried to bring the Goods into conformity with the contract;
    d) the lack of conformity of the Goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures specified in §8 section 6 to §8 sec. 11 above;
    e) the Seller's statement or circumstances clearly show that he will not bring the Goods into compliance with the contract within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur with Consumer rights.
12. The seller is obliged to respond to the consumer's complaint within 14 days from the date of its receipt.
13. The Seller returns to the Consumer or Entrepreneur with Consumer rights the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the Consumer's or Entrepreneur with Consumer rights about the price reduction.
14. The Consumer or Entrepreneur with Consumer rights may not withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant. It is presumed that the lack of conformity of the Goods with the contract is significant.
15. If the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or Entrepreneur with Consumer rights may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods purchased by the Consumer or Entrepreneur with Consumer rights together with the Goods inconsistent with the contract, if it cannot be reasonably expected that the Consumer or Entrepreneur with Consumer rights will agree to keep only the Goods that are in accordance with the contract.
16. In the event of withdrawal from the contract, the Consumer or Entrepreneur with Consumer rights immediately returns the Goods to the Seller at his expense. The Seller returns the price to the Consumer or Entrepreneur with Consumer rights immediately, not later than within 14 days from the date of receipt of the Goods or proof of sending them back.
17. The Seller refunds the price using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.

9.

Right to withdraw from the Sales Agreement

1. Subject to point 11 of this paragraph, the Customer who is also a Consumer or an entity referred to in § 11 of the Regulations that concluded a Distance Sales Agreement may withdraw from it without giving reasons by submitting a relevant statement within 14 days. To meet this deadline, it is enough to send a statement of withdrawal from the contract provided by the Store.
2. In the event of withdrawal from the Sales Agreement, the Sales Agreement is considered void, and the Consumer or the entity referred to in § 11 of the Regulations are obliged to return the Goods to the Seller or hand them over to the person authorized by the Seller to collect them immediately, but not later than 14 days from the date on which he withdrew from the Sales Agreement, unless the Seller proposed that he would collect the Goods himself. To meet the deadline, it is enough to send back the Goods before its expiry.
3. In the event of withdrawal from the Sales Agreement, the Goods must be returned to the following address: Foundation Coffee Roasters LLC with its registered office in Warsaw, at 35 apt., 3, FRANCISZKAŃSKA street, Warsaw, code 00-233. The consumer or the entity referred to in § 11 of the Regulations are liable for the decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods. In order to determine the nature, characteristics and functioning of the Goods, the Consumer or the entity referred to in § 11 of the Regulations should handle the Goods and check them only in the same way as they could do in a stationary store.
4. Subject to sec. 6 and 8 of this paragraph, the Seller will return the value of the Goods using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in § 11 of the Regulations have expressly agreed to a different method of return, which is not binding for them with no costs. Subject to point 7 of this paragraph, the return will take place immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.
5. If the Consumer or the entity referred to in § 11 of the Regulations have chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by the Store, the Seller is not obliged to reimburse them for the additional costs incurred by them.
6. If the Seller has not offered to collect the Goods from the Consumer or the entity referred to in § 11 of the Regulations, he may withhold the reimbursement of payments received from the Consumer until the item is returned or delivered by the Consumer or the entity referred to in § 11 of the Regulations, proof of sending it back, depending on which event occurs first.
7. The consumer or the entity referred to in § 11 of the Regulations, withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bear only the costs of returning the Goods to the Seller.
8. The fourteen-day period in which the Consumer or the entity referred to in § 11 of the Regulations may withdraw from the contract is counted from the day on which the Consumer or the entity referred to in § 11 of the Regulations took possession of the Goods, and in the case of services from the date of conclusion of the contract.
9. The right to withdraw from a distance contract is not available to the Consumer or the entity referred to in § 11 of the Regulations in the case of a Sales Agreement:
   a) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs,
   b) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
   c) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
   d) in which the subject of the service is a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract,
   e) in which the subject of the service is an item that deteriorates quickly or has a short shelf life.
10. The right to withdraw from the Sales Agreement is vested in both the Seller and the Customer in the event of failure by the other party to the contract to fulfill its obligation within a strictly specified period.

10.

Provisions relating to entrepreneurs

1. This paragraph contains provisions relating only to entrepreneurs not covered by the protection resulting from the Act on Consumer Rights.
2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
3. The Seller has the right to limit the payment methods available to Customers who are not Consumers, including the requirement to prepay part or all of the sale price, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
4. The benefits and burdens related to the Goods and the risk of accidental loss or damage to the Goods are transferred to the Customer who is not a Consumer upon the release of the Goods by the Seller to the carrier. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Goods arising from the moment of accepting the Goods for transport until they are handed over to the Customer, as well as for delays in the transport of the shipment.
5. If the Goods are sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Goods have been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.
6. The Service Provider may terminate the contract for the provision of the Service with immediate effect and without giving reasons by sending a notice of termination to the Service Recipient who is not a Consumer.

11.

Provisions concerning entrepreneurs on consumer rights

1. An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Act on Consumer Rights, provided that the Sales Agreement concluded with the Seller is not of a professional nature.
2. A person conducting business activity referred to in point 1 of this paragraph is protected only in the scope of:
   a) prohibited contractual provisions - the so-called abusive clauses,
   b) liability under the warranty for physical and legal defects of the Goods, in accordance with § 8 of the Regulations,
   c) the right to withdraw from a distance contract, in accordance with § 9 of the Regulations.
3. The entrepreneur referred to in par. 1 of this paragraph loses its rights under consumer protection if the Sales Agreement concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Economic Activity indicated therein activities.
4. Entrepreneurs referred to in par. 1 of this paragraph are not covered by the institutional protection provided for Consumers by the poviat consumer rights ombudsmen as well as the President of the Office of Competition and Consumer Protection.

12.

Electronic services

1. The Service Provider enables the use of Electronic Services through the Store, such as:
   a) concluding Goods Sale Agreements,
   b) maintaining an Account in the Store.
2. The Service Provider has the right to place advertising content on the Store's website. This content is an integral part of the Store and the materials presented in it.

13.

Provision of electronic services

1. The provision of Electronic Services specified in § 12 point 1 of the Regulations by the Service Provider is free of charge.
2. The period for which the contract is concluded:
   a) the contract for the provision of Electronic Services consisting in enabling the submission of Orders in the Store is concluded for a definite period of time and terminates when the Order is placed or ceases to be placed by the Service Recipient.
   b) the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period.
3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
   a) a computer (or mobile device) with Internet access,
   b) access to e-mail,
   c) web browser,
   d) enabling Cookies in the web browser.
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and morality, bearing in mind respect for personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to enter data consistent with the facts.
6. The Service Recipient is prohibited from providing unlawful content.

14.

Complaint related to the provision of electronic services

1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Customer via e-mail to the following address: info@foundation.ua.
2. In the e-mail above, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and accelerate the consideration of the complaint by the Service Provider.
3. Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days from the date of notification.
4. The Service Provider's response regarding the complaint is sent to the Customer's e-mail address provided in the complaint or in another manner provided by the Customer.

15.

Intellectual property

1. All content posted on the website at foundation.coffee is protected by law and (subject to § 15 point 3 and elements posted by the Customers, used under license, transfer of copyright or fair use) are the property of the Service Provider.
2. The Service Recipient bears full responsibility for damage caused to the Service Provider, resulting from the use of any content of the foundation.coffee website, without the consent of the Service Provider
3. Any use by anyone, without the express written consent of the Service Provider, of any of the elements that make up the content and content of the foundation.coffee website constitutes a violation of the Service Provider's copyright and results in civil and criminal liability.
4. All trade names, names of Goods, company names and their logos used on the Store's website at foundation.coffee belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store's website at foundation.coffee are used for information purposes.

16.

Final Provisions

1. Agreements concluded through the Store are concluded in accordance with Polish law.
2. In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
3. Any disputes arising from the Sales Agreements between the Store and Consumers will be settled in the first place through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this would not be possible or would be unsatisfactory for either party, disputes will be settled by a competent common court, in accordance with point 4 of this paragraph.
4. Litigation of Disputes:
   a) Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer or an entity referred to in §11 of the Regulations, shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
   b) Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not a Consumer, as referred to in §10 of the Regulations, shall be submitted to the court having jurisdiction over the seat of the Service Provider.
5. The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting an application for mediation or an application for consideration of the case by an arbitration court after the complaint procedure is completed (the application can be downloaded from the website www.uokik.gov.pl/ download.php?plik=6223 The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspektion_handlowej.php#faq4671. The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection Out-of-court redress after the complaint procedure is completed is free of charge.
6. In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at: https://ec.europa.eu/consumers/odr.