Terms of Service

Regulations

Methods of Conclusion: A contract between the Buyer and the Seller may be concluded in two ways.
Right to Negotiate: Prior to placing an order, the Buyer has the right to negotiate all provisions of the agreement with the Seller, including provisions that modify the terms of these Regulations.
Form of Negotiations: Such negotiations shall be conducted in writing and addressed to the Seller (SKOTI-PAK Sp. z o.o. sp. k., ul. Wiewiórcza 64, 80-126 Gdańsk).
Application of Regulations: In the event that the Buyer waives the opportunity to conclude an agreement through individual negotiations, these Regulations and the applicable provisions of law shall apply.

§1 Definitions

Postal Address – The first and last name or name of an institution, location within a town or city (in the case of a town divided into streets: street, building number, apartment or premises number; in the case of a town not divided into streets: name of the town and property number), postal code, and town.
Complaints Address:
- SKOTI-PAK Sp. z o.o. sp. k., ul. Wiewiórcza 64, 80-126 Gdańsk
- Email: biuro@skoti-pak.com
- Telephone: +48 603 767 996
Delivery Price List – A schedule of available delivery methods and their respective costs, available at the specified web address.
Contact Details:
- SKOTI-PAK Sp. z o.o. sp. k., ul. Wiewiórcza 64, 80-126 Gdańsk
- Email: biuro@skoti-pak.com
- Telephone: +48 603 767 996
Delivery – A type of transport service, including the specification of the carrier and cost.
Proof of Purchase – An invoice, bill, or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004 (consolidated text: Journal of Laws of 2022, item 931, as amended) and other applicable legal provisions.
Product Card – A single subpage of the Store containing information regarding an individual product.
Client – A natural person of legal age with full legal capacity, a legal person, or an organizational unit without legal personality but possessing legal capacity, making a purchase from the Seller directly related to their business or professional activity (B2B).
Civil Code – The Civil Code Act of April 23, 1964 (consolidated text: Journal of Laws of 2022, item 1360, as amended).
Code of Good Practice – A set of rules of conduct, particularly ethical and professional norms, as referred to in Article 2, item 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007 (consolidated text: Journal of Laws of 2017, item 2070, as amended).
Consumer – A natural person of legal age with full legal capacity, making a purchase from the Seller that is not directly related to their business or professional activity.
Cart – A list of products compiled from the products offered in the Store based on the Buyer’s selections.
Buyer – Refers collectively to the Consumer, the Quasi-Entrepreneur, and the Client.
Place of Delivery of the Item – The postal address or collection point specified in the Order by the Buyer.
Time of Delivery of the Item – The moment at which the Buyer takes physical possession of the item.
ODR Internet Platform – The EU online service operating under Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes, available at: https://webgate.ec.europa.eu/odr.
Payment – The method of paying for the subject of the agreement and delivery as listed at the specified address https://skoti-pak.pl/kasa.
Authorized Entity – An entity authorized to conduct out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016 (Journal of Laws of 2016, item 1823, as amended).
Consumer Law – The Act on Consumer Rights of May 30, 2014 (consolidated text: Journal of Laws of 2020, item 287, as amended).
Product – Goods delivered to the Buyer in connection with the concluded Agreement, representing the minimum and indivisible quantity of items that may be the subject of an order, specified in the Seller’s store as a unit of measurement for price determination (price/unit).
Subject of the Agreement (Subject of Performance) – The products and delivery that are the subject of the agreement.
Collection Point – A place for the delivery of items that is not a postal address, listed in the schedule provided by the Seller in the Store.
Quasi-Entrepreneur – A natural person concluding an agreement directly related to their business activity when it follows from the content of said agreement that it does not have a professional character for them, as determined by the nature of their business activity made available under the provisions on the Central Register and Information on Economic Activity (CEIDG).
UOKiK Register – The register of authorized entities maintained by the Office of Competition and Consumer Protection under the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, as amended.
Regulations – These Regulations of the Online Store available at skoti-pak.pl.
Item – A movable item that may be or is the subject of the agreement.
Store – The internet service available at skoti-pak.pl, through which the Buyer may place an order.
Seller – SKOTI-PAK Sp. z o.o. sp. k., with its registered office in Gdańsk (80-126), ul. Wiewiórcza 64, entered into the Register of Entrepreneurs of the National Court Register under KRS number 000076184, REGON: 382003850, NIP: PL9571111890.
System – A set of cooperating IT devices and software ensuring processing, storage, sending, and receiving of data through telecommunications networks (the Internet).
Lead Time – The number of hours or business days specified on the Product Card.
Agreement – A contract concluded off-premises or at a distance within the meaning of the Act on Consumer Rights of May 30, 2014, in the case of Consumers and Quasi-Entrepreneurs; or a sales contract within the meaning of Article 535 of the Civil Code of April 23, 1964, in the case of Clients.
User – A Buyer who holds a registered account in the Store.
Defect – Refers to both a physical defect and a legal defect.
Physical Defect – Non-conformity of the item sold with the agreement, particularly if the item:
- Does not possess the properties that an item of this type should have due to the purpose specified in the agreement or resulting from circumstances or intended use.
- Does not possess the properties whose existence the Seller assured the Consumer.
- Is not fit for the purpose of which the Consumer informed the Seller upon conclusion of the agreement, and the Seller raised no objection to such purpose.
- Was delivered to the Consumer in an incomplete state.
- In the event of incorrect assembly or startup, if these actions were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer following instructions received from the Seller.
- Does not possess the properties assured by the manufacturer or its representative.
Legal Defect – A situation where the item sold is the property of a third party or is encumbered with a third-party right, or if a restriction on the use or disposal of the item results from a decision or judgment of a competent authority.
Order – A declaration of the Buyer’s intent made through the Store clearly specifying: the type and quantity of products; the type of delivery; the type of payment; the place of delivery; and the Buyer’s data, aimed directly at concluding an agreement between the Buyer and the Seller.
Privacy Policy – The document defining the rules for the collection, processing, and use of personal data obtained by the Online Store https://skoti-pak.pl/en/privacy-and-cookies-policy/

§2 GENERAL TERMS AND CONDITIONS

1. Subject Matter: These Regulations define the terms and conditions for using the Online Store. The Seller is the administrator and owner of the Store.
2. Scope of Service: The Seller provides services to the Buyer under the terms and to the extent specified in these Regulations, the Privacy Policy, and the submitted Order.
3. Legal Basis: The Regulations define the types, scope, and conditions for the provision of services by electronic means by the Seller, as well as the conditions for concluding and terminating agreements with the Buyer and the complaint procedure. These Regulations constitute regulations within the meaning of the Act of 18 July 2002 on Rendering Electronic Services.
4. Compliance: A Buyer using the services offered by the Store in any form is obliged to comply with the provisions of these Regulations.
5. Acceptance of Terms: By using the services offered by the Store in any form, the Buyer accepts the conditions described in the Regulations without the need to execute a separate agreement.
6. Manner of Use: The Buyer undertakes to use the Store in a manner consistent with the provisions of these Regulations and in a manner corresponding to the nature of the Store’s business activities.
7. Declarations: Declarations made by the Buyer upon account registration or when placing an order without registration are equivalent to stating that:
- the information provided by the Buyer is true;
- the Buyer has read the Regulations and the Privacy Policy and accepts the content of said documents;
- the Buyer is aware that Orders placed within the Store service are subject to payment.
8. Misuse of Electronic Communication: The Buyer is obliged to comply with the prohibition on the misuse of electronic communication means and the delivery of content to or through the Seller’s ICT systems that could:
- cause instability or overload of the ICT systems of the Seller or other entities involved in the provision of electronic services;
- violate the rights of third parties, generally accepted social norms, or provisions of applicable law;
- damage the reputation of the Seller. The Buyer bears sole responsibility for data and other content posted by them on the Store’s website.
9. Destabilization: The Buyer undertakes to refrain from any actions aimed at hindering or destabilizing the Store’s operations or hindering the use of the Store by other users.
10. ICT System: The use of the Store takes place via an ICT system ensuring processing, storage, sending, and receiving of data through telecommunications networks, in accordance with the Act of 18 July 2002 on Rendering Electronic Services.
11. Technical Requirements: The use of the Store by the Buyer requires:
- an ICT system enabling the use of the Internet;
- a connection to the Internet;
- a current web browser: Opera, Firefox, Chrome, Safari, or Edge, with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution exceeding 1024 px;
- an active email account.
12. Service Quality: The Seller makes every effort to maintain the quality of the Store’s functioning at the highest level. The Seller adheres to the Code of Good Practice.
13. Illustrative Materials: The Seller reserves that photos posted on the website are for illustrative purposes only. The actual appearance of the product may vary slightly.
14. Specific Obligations of the Buyer: The Buyer is obliged to:
- refrain from providing or transmitting content prohibited by law (e.g., content promoting violence or violating personal rights);
- use the Store in a manner that does not interfere with its functioning, in particular through the use of specific software or devices;
- refrain from sending or posting unsolicited commercial information (spam) within the Store;
- use the Store in a manner that is not burdensome for other Buyers or the Seller;
- use any content posted within the Store solely for personal use;
- use the Store in a manner consistent with the laws of the Republic of Poland, the provisions of the Regulations, and the general rules of netiquette.

§3 CONCLUSION AND PERFORMANCE OF THE AGREEMENT

1. Language and Law: The Agreement with the Buyer is concluded in the Polish language, in accordance with Polish law and these Regulations.

2. Delivery Territory: The Place of Delivery of the item must be located within the territory of the Republic of Poland.

3. Warranty of Quality: The Seller undertakes to provide services and deliver items free from defects.

4. Pricing: All prices provided by the Seller are expressed in Polish currency and are gross prices (inclusive of VAT). Product prices do not include delivery costs, which are specified in the Delivery Price List.

5. Confirmation of Agreement: The Seller shall provide the Buyer with confirmation of the conclusion of the distance agreement on a durable medium within a reasonable time after its conclusion, at the latest at the time of delivery of the goods.

6. Calculation of Deadlines: All deadlines are calculated in accordance with Article 111 of the Civil Code, meaning a deadline specified in days expires at the end of the last day; if the start of a deadline is triggered by a specific event, the day on which the event occurred shall not be included in the calculation.

7. Documentation and Records: Confirmation, provision, recording, and protection of all material provisions of the Agreement for future access shall be performed in the following manner:

a. Confirmation of the Order by sending to the specified email address: the Order, pro forma invoice, information on the right of withdrawal, these Regulations in PDF format, a model withdrawal form in PDF format, and links to download the Regulations and model withdrawal form.

b. Attachment of the following printed documents to the fulfilled Order: proof of purchase, information on the right of withdrawal, these Regulations, and the model withdrawal form.

8. Third-Party Guarantees: The Seller shall inform the Buyer of any known third-party guarantees for products available in the Store.

9. Communication Costs: The Seller does not charge any fees for distance communication; the Buyer shall bear the costs of such communication at the rates resulting from the agreement concluded with their third-party service provider.

10. Browser Functionality: The use of third-party software affecting browser functionality (Edge, FireFox, Opera, Chrome, Safari) may interfere with the correct display of the Store; for full functionality, such software should be disabled.

11. Account Management: The Buyer may opt for the Store to remember their data to facilitate future Orders. To this end, the Buyer shall provide a login and password, which must be kept confidential and protected from unauthorized third-party access. The Buyer reserves the right to inspect, rectify, update data, or delete the account at any time. Orders may be placed 24 hours a day.

12. Ordering Procedure: To place an Order, the Buyer must perform at least the following actions:

a. adding a product to the cart;

b. selecting the delivery method;

c. selecting the payment method;

d. specifying the Place of Delivery;

e. submitting the Order by clicking the “I buy and pay” (Kupuję i płacę) button.

13. Conclusion (Consumers/Quasi-Entrepreneurs): The conclusion of the agreement with a Consumer or a Quasi-Entrepreneur occurs at the moment the Order is placed.

14. Performance (Consumers/Quasi-Entrepreneurs): Performance of an Order payable on delivery (COD) occurs immediately. For payments via bank transfer or electronic systems, performance occurs after the payment is credited to the Seller’s account (which should occur within 30 days of the Order), unless the Buyer was unable to perform through no fault of their own and informed the Seller.

15. Conclusion (Clients/B2B): The conclusion of the Agreement with a Client occurs upon acceptance of the Order by the Seller, which shall be communicated to the Client within 48 hours of placing the Order.

16. Performance (Clients/B2B): Performance of a Client’s Order (COD) occurs immediately after the conclusion of the Agreement. For transfer/electronic payments, performance occurs after the conclusion of the Agreement and credit of the funds to the Seller’s account. If the Customer chooses a payment card as the payment method, the order processing time is calculated from the moment of successful transaction authorization.

17. Payment Conditions (B2B): Performance of a Client’s Order may be conditional upon full or partial advance payment, obtaining a trade credit limit at least equal to the Order value, or the Seller’s consent for cash-on-delivery.

18. Payment Processing: The entity providing online payment services is Autopay S.A..

The available payment methods with which the Buyer may finalize the order are:

Payment cards:

Visa
Visa Electron
Mastercard
Mastercard Electronic
Maestro

19. Shipping Deadlines: The Subject of the Agreement is dispatched within the period specified on the Product Card (or the longest specified period for multiple-product orders). The term begins upon the commencement of Order performance.

20. Shipping:

 Available delivery methods are: DPD Courier and InPost.

 Delivery of products is free of charge.

 The estimated delivery time is up to 15 business days, depending on the selected delivery method and product availability.

 The Seller informs of the absence of export restrictions on goods, whereby shipping outside the territory of the European Union is possible only after prior consultation with a customer service employee to determine individual transport conditions.

21. Final Delivery: The purchased Subject of the Agreement, together with the selected sales document, is sent via the chosen delivery method to the Place of Delivery specified in the Order.

§4 ACCOUNT REGISTRATION

1. Obtaining User Status: The status of a registered User of the Store is obtained upon the completion of the following actions:

a. registering within the Store;
b. activating the account by accessing the link sent to the email address specified by the Client;
c. logging into the Store using a login and password.

2. Account Access and Functionalities: Upon registration in the Store, the Client gains access to a Client account, enabling the placement of orders for Products in the Store, access to purchase history, as well as access to the Client’s data, including the possibility of its modification or deletion.

3. Security of Credentials: Clients are obligated to store the data necessary for registration and logging into the Store in a manner that prevents unauthorized third parties from obtaining access to or becoming acquainted with said data.

§5 RIGHT TO WITHDRAW FROM THE AGREEMENT

1. Statutory Right of Withdrawal: Pursuant to Article 27 of the Consumer Rights Act, the Consumer and the Quasi-Entrepreneur shall have the right to withdraw from a distance agreement without providing any cause and without incurring costs, with the exception of the costs specified in Articles 33 and 34 of the Consumer Rights Act.

2. Withdrawal Period: The deadline for withdrawal from a distance agreement shall be 14 days from the time of the delivery of the item. To observe this deadline, it is sufficient to send the declaration of withdrawal before its expiry.

3. Expiry of Deadline: The right to withdraw from the agreement expires after 14 days from the date the Product is received.

4. Submission of Declaration: The Consumer or Quasi-Entrepreneur may submit the declaration of withdrawal via electronic mail or traditional mail to the addresses specified in §1.

5. Form of Declaration: Withdrawal may be executed using the provided model withdrawal form; however, its use is not mandatory.

6. Acknowledgment of Receipt: The Seller shall immediately confirm to the Consumer or Quasi-Entrepreneur, via electronic mail (sent to the address provided upon concluding the Agreement or another address if specified in the declaration), the receipt of the declaration of withdrawal from the Agreement.

7. Legal Effect of Withdrawal: In the event of withdrawal from the Agreement, the Agreement shall be deemed null and void.

8. Return of the Item: The Consumer and Quasi-Entrepreneur are obligated to return the item to the Seller immediately, but no later than 14 days from the day on which they withdrew from the Agreement. To observe this deadline, it is sufficient to send the item back before the expiry of said period.

9. Cost of Return: The Consumer and Quasi-Entrepreneur shall return the items being the Subject of the Agreement at their own expense.

10. Digital Content Exception: The Consumer and Quasi-Entrepreneur shall not bear the costs of delivering digital content not recorded on a tangible medium if they did not grant consent to the performance before the expiry of the withdrawal period, were not informed of the loss of their right to withdraw, or if the entrepreneur failed to provide confirmation required by law.

11. Liability for Diminished Value: The Consumer and Quasi-Entrepreneur shall be liable for any diminished value of the item resulting from use exceeding what is necessary to establish the nature, characteristics, and functioning of the item.

12. Refund Policy: The Seller shall, no later than 14 days from the date of receipt of the declaration of withdrawal, refund all payments made by the Consumer or Quasi-Entrepreneur, including delivery costs. However, if a delivery method other than the cheapest standard method offered by the Seller was chosen, the Seller shall not be obligated to refund the additional costs.

13. Method of Refund: The Seller shall perform the refund using the same method of payment as used by the Consumer or Quasi-Entrepreneur, unless they have expressly agreed to another method of payment that does not entail any costs for them.

14. Right to Withhold Refund: The Seller may withhold the refund until the item is received back or until the Consumer or Quasi-Entrepreneur provides proof of its return, whichever occurs earlier.

15. Statutory Exclusions from the Right of Withdrawal: Pursuant to Article 38 of the Consumer Rights Act, the right to withdraw from the agreement shall not apply to contracts:

where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control;

where the subject of the performance is a non-prefabricated item, manufactured according to the Consumer’s or Quasi-Entrepreneur’s specifications or serving to satisfy their individualized needs;

where the subject of the performance is an item subject to rapid decay or having a short shelf life;

where the subject of the performance is an item delivered in a sealed package which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery;

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

where the subject of the performance are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;

for the supply of digital content not recorded on a tangible medium, if performance began with the express consent of the Consumer or Quasi-Entrepreneur before the expiry of the withdrawal period;

for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements.

16. Scope of Application for Quasi-Entrepreneurs: With the exception of the provisions of Chapter 4 of the Consumer Rights Act (concerning withdrawal rules) and Chapters 5a and 5b, the remaining provisions of said Act do not apply to Agreements concluded between the Seller and a Quasi-Entrepreneur.

§6 PRODUCT LIABILITY, COMPLAINTS

1. Basis of Liability: The Seller bears liability towards the Consumer and the Quasi-Entrepreneur on the terms specified in Article 43a et seq. of the Consumer Rights Act.

2. Warranty Period: In the case of Products purchased by the Consumer and Quasi-Entrepreneur, the Seller is liable for any non-conformity with the Agreement existing at the time of delivery and disclosed within two years from that time.

3. Remedies (Repair or Replacement): If the Product is non-compliant with the Agreement, the Consumer or Quasi-Entrepreneur may demand its repair or replacement. The Seller may perform a replacement when the Consumer or Quasi-Entrepreneur demands repair, or the Seller may perform a repair when the Consumer or Quasi-Entrepreneur demands replacement, if bringing the Product into conformity in the manner chosen by the Consumer or Quasi-Entrepreneur is impossible or would entail excessive costs for the Seller. If both repair and replacement are impossible or would entail excessive costs, the Seller may refuse to bring the Product into conformity with the Agreement.

4. Price Reduction and Withdrawal: If the Product is non-compliant with the Agreement, the Consumer and Quasi-Entrepreneur may submit a declaration on price reduction or withdrawal from the Agreement (rescission) when:

a. the Seller has refused to bring the Product into conformity;

b. the Seller has failed to bring the Product into conformity in accordance with the statutory requirements;

c. the non-conformity persists despite the Seller’s attempts to remedy it;

d. the non-conformity is so material that it justifies a price reduction or withdrawal without prior recourse to repair or replacement;

e. it clearly follows from the Seller’s declaration or the circumstances that the Seller will not bring the Product into conformity within a reasonable time or without excessive inconvenience.

5. Immaterial Defects: The Consumer and Quasi-Entrepreneur are not entitled to withdraw from the Agreement if the non-conformity of the Product with the Agreement is immaterial.

6. Submission of Complaints: Any complaints related to the performance of the Agreement may be sent to the complaints address. It is recommended that the complaint include a brief description of the defect, the date and circumstances of its occurrence, the demand in connection with the defect, and the Buyer’s contact details.

7. Processing Period: Complaints shall be processed within 14 days from the date of their receipt by the Seller; however, with respect to Quasi-Entrepreneurs and Clients, the failure to provide a response within said period shall not be deemed an acceptance of the complaint.

8. Exclusion of Statutory Warranty (B2B): Pursuant to Article 558 § 1 of the Civil Code, the Seller entirely excludes liability towards Clients for physical and legal defects (statutory warranty / rękojmia).

§7 PRIVACY POLICY AND PERSONAL DATA SECURITY

1. Data Administrator: The Seller is the administrator of personal data provided by the Buyers.

2. Compliance with GDPR: The Seller undertakes to process and protect the personal data of the Buyer in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR).

3. Privacy Policy: The detailed rules for the processing of personal data and the protection of the Buyer’s privacy are specified in the Privacy Policy document https://skoti-pak.pl/en/privacy-and-cookies-policy/. The Buyer should familiarize themselves with its terms before commencing the use of the Seller’s services.

§8 FINAL PROVISIONS

General Interpretation Clause: None of the provisions of these Regulations are intended to infringe upon the rights of the Buyer. They shall not be interpreted in such a manner, as in the event of any inconsistency between any part of the Regulations and applicable law, the Seller declares absolute subordination to and application of said law in place of the challenged provision of the Regulations.
1. Amendments to the Regulations: Registered Buyers shall be notified of any amendments to the Regulations and their scope via electronic means (to the email address provided during registration or ordering). Such notification shall be sent at least 30 days prior to the entry into force of the new Regulations. Amendments shall be introduced to align the Regulations with the current legal framework.
2. Accessibility and Versioning: The current version of the Regulations is always available to the Buyer under the “Regulations” tab. During the execution of the Order and throughout the entire period of after-sales care, the Buyer is bound by the Regulations accepted by them at the time of placing the Order. This is subject to the exception where the Consumer or Quasi-Entrepreneur deems the prior version less favorable than the current one and informs the Seller of their choice to apply the current version as binding.
3. Governing Law and Dispute Resolution: In matters not regulated by these Regulations, relevant applicable legal provisions shall apply.
Dispute Resolution Procedures: Disputed issues, should the Consumer or Quasi-Entrepreneur so desire, shall be resolved through mediation before the Voivodeship Inspectorates of Trade Inspection or through proceedings before a permanent arbitration court at the Voivodeship Inspectorate of Trade Inspection. The Consumer and Quasi-Entrepreneur may also utilize equivalent and lawful methods of pre-trial or out-of-court dispute resolution, e.g., via the EU ODR internet platform or by selecting any authorized entity from the UOKiK register. The Seller declares their intent and grants consent for the out-of-court resolution of consumer disputes. As a last resort, the matter shall be resolved by a court of competent subject matter and territorial jurisdiction.