Terms and Conditions

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I. General Provisions

1. These Terms and Conditions define the general conditions, method of providing electronic services, and sales conducted via the Online Store https://www.funeralne.com. The store is operated by PRIMA-TECH S.C., Górna 2A, 42-262 Kolonia Poczesna, NIP: 949-19-22-250, Regon: 240040924, hereinafter referred to as the Seller.
2. Contact with the Seller can be made through:
   a. email address: primatech@op.pl;
   b. phone number: +48 328 51 48 office;
   c. contact form available on the Online Store website.
3. These Terms and Conditions are continuously available on the website www.funeralne.com in a manner that allows for their acquisition, playback, and preservation of their content by printing or saving them on a storage medium at any time.
4. The Seller informs that the use of electronically provided services may involve a risk on the part of any Internet user, consisting of the possibility of introducing malicious software into the Client’s teleinformatic system and acquiring or modifying their data by unauthorized persons. To avoid the risk of such threats, the Client should use appropriate technical means to minimize their occurrence, especially antivirus programs and firewalls.

II. Definitions

The terms used in the Terms and Conditions mean:

1. Business Days – days from Monday to Friday, excluding statutory holidays;
2. Client – a natural person with full legal capacity, a natural person running a business, a legal entity, or an organizational unit without legal personality, to which special provisions grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
3. Civil Code – Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
4. Account – a part of the Online Store assigned to a specific Client, through which the Client can perform certain actions within the Online Store;
5. Consumer – a Client who is a consumer within the meaning of Article 22[1] of the Civil Code;
6. Entrepreneur – a Client who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
7. Terms and Conditions – this document;
8. Goods – a product presented in the Online Store, the description of which is available for each displayed product;
9. Sales Agreement – a sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Client;
10. Services – services provided by the Seller to Clients electronically within the meaning of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
11. Consumer Rights Act – Act of May 30, 2014, on consumer rights (Journal of Laws 2014, No. 827);
12. Act on the Provision of Electronic Services – Act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
13. Order – a declaration of the Client's will aimed directly at concluding the Sales Agreement, specifying, in particular, the type and quantity of Goods.

III. Rules for Using the Online Store

1. Use of the Online Store is possible provided that the teleinformatic system used by the Client meets the following minimum technical requirements: a. computer or mobile device with Internet access, b. access to email, c. Internet browser: Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later, d. enabling Cookies and Javascript in the browser.
2. Use of the Online Store means any action by the Client leading to familiarization with the content of the Online Store.
3. The Client is obliged, in particular, to: a. not to provide or transmit content prohibited by law, e.g., content promoting violence, defamation, or infringing the personal rights and other rights of third parties, b. use the Online Store in a manner that does not interfere with its functioning, particularly by using certain software or devices, c. not to engage in activities such as sending or placing unsolicited commercial information (spam), d. use the Online Store in a way that does not cause inconvenience to other Clients or the Seller, e. use all content posted within the Online Store only for personal use, f. use the Online Store in accordance with the laws of the Republic of Poland, the provisions of these Terms and Conditions, and general principles of Internet use.

IV. Services

1. The Seller provides free Services via the Online Store, available 24 hours a day, 7 days a week.
2. The Service of maintaining an Account in the Online Store is available after registration. Registration occurs by filling out and accepting the registration form available on one of the pages of the Online Store. The Agreement for the provision of the Account Service in the Online Store is concluded for an indefinite period and is terminated when the Client requests the deletion of the Account or uses the "Delete Account" button.
3. The Client can receive commercial information from the Seller in the form of messages sent to the Client's email address (Newsletter Service). To do so, the Client must provide a valid email address or activate the appropriate field in the registration form or the Order form. The Client may withdraw consent to receive commercial information at any time. The agreement for providing the Newsletter Service is concluded for an indefinite period and is terminated when the Client requests to remove their email address from the Newsletter subscription or unsubscribes via a link in the message sent as part of the Newsletter Service.
4. The Client can send messages to the Seller via the contact form. The agreement for providing the interactive contact form service enabling Clients to contact the Seller is concluded for a fixed period and is terminated when the Client sends the message.
5. The Client can post individual and subjective opinions on the Online Store, referring to the Goods or the transaction. By adding opinions, the Client declares that they have all rights to these contents, including copyrights, related rights, and industrial property rights. The agreement for providing the service of posting opinions about Goods in the Online Store is concluded for a fixed period and is terminated when the opinion is added.
6. Opinions should be clear and understandable, and they must not violate applicable laws, including the rights of third parties – in particular, they must not be defamatory, violate personal rights, or constitute an act of unfair competition. Posted opinions are disseminated on the Online Store website.
7. By posting an opinion, the Client agrees to the free use of the opinion and its publication by the Seller, as well as making derivative works in accordance with the Copyright and Related Rights Act (Journal of Laws 1994 No. 24, item 83).
8. The Seller has the right to organize occasional contests and promotions, the conditions of which will be provided on the Online Store's website. Promotions in the Online Store cannot be combined unless the promotion’s terms and conditions state otherwise.
9. In case of breach by the Client of the provisions of these Terms and Conditions, the Seller may terminate the service agreement after an unsuccessful warning to cease or remove the violations, with a deadline for compliance, by giving a 14-day notice period.

V. Sales Agreement Procedure

1. Information about the Products provided on the online store’s website, including their descriptions, technical and functional parameters, and prices, constitutes an invitation to conclude an Agreement, as defined in Article 71 of the Civil Code.
2. All Products available in the Online Store are brand new and have been legally introduced to the Polish market.
3. The condition for placing an Order is having an active email account.
4. When placing an Order via the Order form available on the Online Store's website, the Order is submitted to the Seller by the Customer electronically and constitutes an offer to conclude a sales Agreement for the Products subject to the Order. The offer submitted electronically binds the Customer if the Seller sends an order confirmation to the email address provided by the Customer, which constitutes the Seller's statement of acceptance of the Customer's offer, and upon receipt of this confirmation by the Customer, the Sales Agreement is concluded.
5. Placing an Order in the Online Store by phone, by sending an email, or by using the contact form occurs on Business Days and during the hours specified on the Online Store’s website. To do so, the Customer should:

a. Provide the name and quantity of the Product from the list of Products available on the website during the phone conversation, in the email, or in the message sent through the contact form addressed to the Seller,

b. Indicate the delivery method and payment option from those available on the website,

c. Provide the necessary information to complete the Order, including full name, address, and email.

1. Information about the total value of the Order, as mentioned above, is provided each time by the Seller verbally after the Order is completed or via email, along with information that entering into the Sales Agreement obligates the Customer to pay for the ordered Product. At this moment, the Sales Agreement is concluded.
2. If the Customer is a Consumer, the Seller will send a confirmation of the terms of the Order each time after the Order is placed by phone, email, or contact form.
3. The Agreement is concluded once the Customer, being a Consumer, sends an email in response to the confirmation of the Order terms sent by the Seller, in which the Customer: accepts the contents of the Order, agrees to its fulfillment, accepts the Terms and Conditions, and confirms having read the information regarding withdrawal from the Agreement.
4. After the Sales Agreement is concluded, the Seller confirms its terms to the Customer by sending them to the Customer's email address or by post to the address provided by the Customer.
5. The Sales Agreement is concluded in Polish, in accordance with the Terms and Conditions.

VI. Delivery

1. Delivery of the Products is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer during the Order.
2. The Customer can choose the following delivery methods for the ordered Products (if available):

a. via a courier service;

b. via a postal operator;

c. delivered to a Parcel Locker;

d. self-pickup at the Seller's pickup point.

1. The Seller informs the Customer on the website about the number of Business Days needed to process the Order and deliver the Product, as well as the delivery charges.
2. The delivery and processing time of the Order is calculated in Business Days, as per point VII, item 2.
3. The Seller provides the Customer with proof of purchase.
4. If the Products in the Order have different processing times, the longest period among the specified ones will apply to the entire Order.
5. Processing time - immediate, according to the specified date.

VII. Prices and Payment Methods

1. The prices of Goods are quoted in Polish zloty and include all components, including VAT, customs duties, and other fees.
2. The Customer can choose from the following payment methods:

a. Bank transfer to the Seller's bank account (in this case, the Order will be processed after the Seller sends the Customer a confirmation of order acceptance, and shipping will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);

b. Cash on personal collection - payment at the Seller's pick-up point (in this case, the Order will be processed immediately after the Seller sends the Customer a confirmation of order acceptance, and the Goods will be handed over at the Seller's pick-up point);

c. Cash on delivery - payment to the courier upon delivery (in this case, the Order will be processed and shipped after the Seller sends the Customer a confirmation of order acceptance and the Order is completed);

d. Electronic payment (in this case, the Order will be processed after the Seller sends the Customer a confirmation of order acceptance and after receiving payment confirmation from the payment gateway system, and shipping will be made immediately after the Order is completed).

1. The Seller informs the Customer on the Store's website about the deadline by which the Customer is obliged to make payment for the Order. In the event of non-payment by the Customer within the specified period, the Seller, after a prior unsuccessful reminder to pay with a designated deadline, may withdraw from the Agreement based on Article 491 of the Civil Code.

VIII. Right to Withdraw from the Contract

1. A Customer who is a Consumer may withdraw from the Contract without providing a reason by submitting a relevant statement within 14 days. To meet this deadline, it is sufficient to send the statement before the deadline expires.
2. The Customer may formulate the statement independently or use the template provided by the Seller on the Store's website.
3. The 14-day period starts from the day the Goods are delivered or, in the case of a Service Agreement, from the day it is concluded.
4. Upon receiving the statement of withdrawal from the Contract from the Consumer, the Seller will send a confirmation of receipt of the withdrawal statement to the Consumer's email address.
5. The Consumer's right to withdraw from the Contract is excluded in the following cases:

a. Services provided where the Seller has fully performed the service with the express consent of the Consumer, who was informed before the service started that after the Seller performs the service, the right to withdraw from the Contract will be lost;

b. Contracts where the price or remuneration depends on fluctuations in the financial market beyond the Seller's control, which may occur before the withdrawal period expires;

c. Contracts involving goods that are not pre-manufactured and are made according to the Consumer's specifications or tailored to meet their individual needs;

d. Contracts involving goods that spoil quickly or have a short shelf life;

e. Contracts involving goods delivered in sealed packaging that cannot be returned for health or hygiene reasons if the packaging has been opened after delivery;

f. Contracts involving products that, by their nature, become inseparably combined with other things after delivery;

g. Contracts involving alcoholic beverages whose price was agreed upon at the time of the Sales Agreement, the delivery of which may occur only after 30 days, and whose value depends on market fluctuations beyond the Seller's control;

h. Contracts where the Consumer explicitly requested the Seller to come to carry out urgent repairs or maintenance; if the Seller additionally provides other services than those requested by the Consumer or delivers goods other than spare parts necessary for the repair or maintenance, the right to withdraw from the Contract applies to those additional services or goods;

i. Contracts involving sound or video recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery; the supply of newspapers, periodicals, or magazines, except for subscription contracts;

j. Contracts concluded through public auctions;

k. Contracts for the provision of accommodation services other than for residential purposes, transportation of goods, car rentals, catering, services related to recreation, entertainment, sports, or cultural events, where the date or period of service provision is specified in the contract;

l. Contracts for the supply of digital content not stored on a tangible medium, if the service performance started with the Consumer's express consent before the withdrawal period expires and after the Consumer has been informed by the Seller about the loss of the right to withdraw from the Contract.

1. In the case of withdrawal from a distance contract, the Contract is considered as not concluded. Any performances made by the parties are returned in their original condition, unless the change was necessary to determine the nature, features, and functionality of the Goods. The return should occur promptly, no later than within 14 days. The purchased Goods must be returned to the Seller's address.
2. The Seller will promptly, but no later than within 14 days from the day the Consumer's withdrawal statement is received, refund all payments made by the Consumer, including the delivery costs. The Seller will use the same payment method used by the Consumer for the refund, unless the Consumer agrees to a different method, which will incur no cost to the Consumer. The Seller may withhold the refund until the goods are received back or until the Consumer provides proof of their return, whichever occurs first, unless the Seller proposed to collect the goods from the Consumer.
3. If the Consumer selected a method of delivery other than the cheapest standard delivery offered by the Seller, the Seller is not obligated to refund the additional costs incurred by the Consumer.
4. The Customer bears only the direct cost of returning the Goods unless the Seller has agreed to bear this cost.

IX. Exchange

1. The Seller provides the Customer with the option to exchange Goods within 14 days from the date of delivery. The exchange request can be submitted via email to: primatech@op.pl or by phone at +48 328 51 48 (office).
2. The exchange of Goods is only possible for Goods currently available on the Seller's website.
3. To exchange Goods, the Customer should complete and sign the exchange form available on the Store's website, securely package the Goods using the original packaging, and attach the proof of purchase. The Goods for exchange should be sent to the address specified in the exchange form using a registered shipping method. The Customer is responsible for the return shipping costs to the Store as well as the shipping costs for the new Goods to the Customer.
4. The Seller will contact the Customer if the Goods intended for exchange are no longer available. The Customer can choose another Product or cancel the exchange. In case of withdrawal from the exchange, the Goods will be returned to the Customer at their expense.
5. In the case of exchanging for a lower-priced Product, the refund and exchange will be processed within 14 days using the same payment method used by the Customer when purchasing the Goods.
6. In the case of exchanging for a higher-priced Product, the Seller will process the exchange within 14 days after receiving payment for the price difference. To expedite the exchange process, the Customer may include a payment confirmation with the shipment.
7. Only Goods in their original, sealed condition, without signs of use, are eligible for exchange. The Seller will refuse the exchange if the Goods are damaged, opened, or show signs of use.

X. Product Complaints under the Warranty

1. The Seller undertakes to deliver Goods free from defects.
2. The Seller is responsible to the Customer who is a Consumer under warranty for defects as specified in Articles 556–576 of the Civil Code. Warranty is excluded for Customers who are Entrepreneurs.
3. Complaints related to violations of the Customer's legally guaranteed rights or under this Regulation should be directed to the address: ul. Górna 2A Sta. 7, 42-262 Kolonia Poczesna, email: primatech@op.pl, phone number +48 328 51 48 (office).
4. To process the complaint, the Customer should send or deliver the complained Goods, if possible, along with the proof of purchase. Goods should be delivered or sent to the address specified in point 3.
5. The Seller undertakes to process each complaint within 14 days.
6. If there are deficiencies in the complaint, the Seller will request the Customer to complete the complaint promptly, but no later than 7 days from the date the Customer receives the request.

XI. Complaints Regarding Electronic Services

1. The Customer may submit complaints to the Seller regarding the operation of the Store and the use of Services. Complaints can be submitted in writing to the address: ul. Górna 2A Sta. 7, 42-262 Kolonia Poczesna, via email: primatech@op.pl, or by phone at +48 328 51 48 (office).
2. In the complaint, the Customer should provide their full name, correspondence address, and a description of the issue encountered.
3. The Seller undertakes to process each complaint within 14 days. If this is not possible, the Customer will be informed within this period of when the complaint will be processed. In case of deficiencies in the complaint, the Seller will request the Customer to complete it within 7 days from the date the Customer receives the request.

XII. Warranties

1. The Goods may be covered by a manufacturer's warranty.
2. For Goods covered by a warranty, information about the existence and terms of the warranty, as well as its duration, is always presented in the product description on the Store's website.

XIII. Alternative Dispute Resolution and Claims Handling

1. The Customer, as a Consumer, has the following options for resolving complaints and pursuing claims without going to court:

a. They are entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request for the resolution of a dispute arising from the Sales Agreement;

b. They are entitled to apply to the provincial inspector of the Trade Inspection with a request for the initiation of a mediation procedure to amicably resolve a dispute between the Customer and the Seller;

c. They can obtain free assistance in resolving a dispute between the Customer and the Seller by seeking help from the district (municipal) consumer ombudsman or a consumer protection organization (e.g., Federation of Consumers, Polish Consumers Association). Advice is available from the Federation of Consumers via the free consumer hotline at 800 007 707 and from the Polish Consumers Association via email at porady@dlakonsumentow.pl;

d. Submit a complaint via the EU online dispute resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.

XIV. Data Protection

The Seller collects and processes the personal data provided by Customers in accordance with applicable laws and the Privacy Policy, available on the Store's website.

XV. Final Provisions

1. All rights to the Online Store, including intellectual property rights, rights to its name, domain, website, as well as to the forms and logos, belong to the Seller, and their use is only allowed in the manner specified and in accordance with the Terms and Conditions.
2. The provisions of this Agreement concerning the Consumer, regarding withdrawal from the contract and complaints, apply to a natural person entering into a contract directly related to their business activity, provided that it is evident from the content of the contract that it does not have a professional nature, particularly regarding the scope of the business activity indicated in the Central Register and Information on Economic Activity. The provisions regarding alternative dispute resolution and claims handling do not apply.
3. Any disputes between the Seller and a Customer who is a Consumer will be subject to the jurisdiction of the courts according to the provisions of the Civil Procedure Code.
4. Any disputes between the Seller and a Customer who is an Entrepreneur will be subject to the jurisdiction of the court competent for the Seller's registered office.
5. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and other applicable provisions of Polish law shall apply.
6. Any changes to these Terms and Conditions will be communicated to each Customer via information on the main page of the Online Store, containing a summary of the changes and their effective date. Customers with an Account will also be informed about the changes along with their summary to the email address provided. The effective date of changes will not be less than 14 days from the date of their announcement. If a Customer with an Account does not accept the new version of the Terms and Conditions, they are obliged to inform the Seller of this fact within 14 days from the date of notification about the changes. Notifying the Seller of the lack of acceptance of the new Terms and Conditions will result in the termination of the Agreement.