Terms of service

These Terms and Conditions describe how CANDLY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (the "Seller", "we", "us", or "our") conducts sales and provides services electronically via the Online Store {{ shop_domain }} (the "Site") or otherwise communicates with you regarding the Site (collectively, the "Services"). For purposes of these Terms and Conditions, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to these Terms and Conditions.

Please read these Terms and Conditions carefully. By using and accessing any of the Services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use or access any of the Services.

I. General Provisions

These Terms and Conditions define the general conditions, the manner of providing Services electronically, and the rules of sales conducted via the Online Store www.candly.eu.

The Store is operated by CANDLY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw, at ul. Królowej Marysieńki 90 /3, 02-954 Warsaw, registered by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, KRS 0000950948, NIP 9512534956, REGON 521204200, with a share capital of PLN 5,000.00, hereinafter referred to as the Seller.

Contact with the Seller is possible via:

  • e-mail address: office@candly.eu;
  • phone number: +48 790004969;
  • contact form available on the Store’s website.

These Terms and Conditions are continuously available at www.candly.eu, in a way that enables its acquisition, reproduction, and recording of its content by printing or saving to a data carrier at any time.

The Seller informs that the use of Services provided electronically may involve a risk for every Internet user, consisting of the possibility of introducing harmful software into the Client’s IT system and obtaining and modifying their data by unauthorized persons. To avoid the risk of such threats, the Client should use appropriate technical measures that will minimize their occurrence, in particular antivirus programs and a firewall.

II. Definitions

The terms used in the Terms and Conditions mean:

  • Business Days – days from Monday to Friday excluding public holidays;
  • Client – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit without legal personality, which is granted legal capacity by special provisions, who places an Order within the Online Store or uses other Services available in the Online Store;
  • Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
  • Account – a part of the Online Store assigned to a specific Client, through which the Client may perform certain actions within the Online Store;
  • Consumer – a Client who is a consumer within the meaning of Article 22[1] of the Civil Code;
  • Entrepreneur – a Client who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
  • Terms and Conditions – this document;
  • Product – a product presented in the Online Store, whose description is available for each presented item;
  • Sales Agreement – a sales agreement for Products within the meaning of the Civil Code, concluded between the Seller and the Client;
  • Services – services provided by the Seller to Clients electronically within the meaning of the Act of July 18, 2002, on providing services electronically (Journal of Laws No. 144, item 1204, as amended);
  • Consumer Rights Act – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, No. 827);
  • Electronic Services Act – the Act of July 18, 2002, on providing services electronically (Journal of Laws No. 144, item 1204, as amended);
  • Order – a Client's declaration of intent aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Product.

III. Rules for Using the Online Store

Using the Online Store is possible provided that the IT system used by the Client meets the following minimum technical requirements:

  • a computer or mobile device with Internet access,
  • access to email,
  • an Internet browser: Microsoft Edge version 42.x or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera version 50 or newer, Safari version 10.x or newer,
  • cookies and Javascript enabled in the browser.

Using the Online Store means any Client activity that leads to familiarization with the content of the Store.

The Client is obliged in particular to:

  • not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory, or violating personal rights and other rights of third parties,
  • use the Online Store in a way that does not disrupt its functioning, especially by using specific software or devices,
  • refrain from actions such as sending or placing unsolicited commercial information (spam) within the Online Store,
  • use the Online Store in a manner that is not burdensome for other Clients and the Seller,
  • use any content posted within the Online Store only for personal use,
  • use the Online Store in accordance with the applicable laws of the Republic of Poland, the provisions of the Terms and Conditions, and the general principles of using the Internet.

IV. Services

The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.

The Account management Service in the Online Store is available after registration. Registration is carried out by completing and accepting the registration form provided on one of the Online Store pages. The agreement for the provision of the Account management Service in the Online Store is concluded for an indefinite period and is terminated upon the Client's request to delete the Account or by using the "Delete Account" button.

The Client has the option to receive commercial information from the Seller in the form of messages sent to the email address provided by the Client (Newsletter Service). For this purpose, a valid email address must be provided or the relevant checkbox must be selected in the registration or Order form. The Client may withdraw consent to receive commercial information at any time. The agreement for the provision of the Newsletter Service is concluded for an indefinite period and is terminated upon the Client's request to remove their email address from the Newsletter subscription or by unsubscribing via the link provided in the message sent as part of the Newsletter Service.

The Client may send messages to the Seller using the "Become a Partner" form available on the product page of each item. The agreement for the provision of the "Become a Partner" interactive form Service, allowing Clients to contact the Seller regarding cooperation, is concluded for a definite period and is terminated upon the Client sending the message.

The Client may also send messages to the Seller using the contact form. The agreement for the provision of the contact form Service, allowing Clients to contact the Seller, is concluded for a definite period and is terminated upon the Client sending the message.

The Seller reserves the right to organize occasional contests and promotions, the terms of which will be provided on the Online Store website. Promotions in the Online Store cannot be combined unless the regulations of a given promotion state otherwise.

In case the Client violates the provisions of these Terms and Conditions, the Seller may, after an ineffective prior notice to cease or remove the violations within a specified period, terminate the Service agreement with 14 days’ notice.

V. Procedure for Concluding a Sales Agreement

The information about Products provided on the Online Store website, in particular their descriptions, technical and functional parameters, and prices, constitutes an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.

All Products available in the Online Store are brand new and have been legally introduced to the Polish market. Placing an Order requires an active email account.

When placing an Order via the Order form available on the Online Store website, the Order is submitted electronically by the Client to the Seller and constitutes an offer to conclude a Sales Agreement for the Products covered by the Order. The offer submitted electronically is binding on the Client if the Seller sends an Order acceptance confirmation to the email address provided by the Client. This confirmation constitutes the Seller’s acceptance of the Client’s offer, and the Sales Agreement is concluded upon the Client’s receipt of this confirmation.

The Sales Agreement is concluded in the Polish language, in accordance with the content of these Terms and Conditions.

VI. Delivery

Delivery of Products is limited to the territory of the European Union and is carried out to the address indicated by the Client when placing the Order.

The Client may choose the following forms of delivery for the ordered Products:

  • via courier service;
  • to a Parcel Locker (Paczkomat).

The Seller informs the Client, on the Online Store pages and in the Product description, about the number of Business Days required to process and deliver the Order, as well as about the delivery fees. The delivery and Order processing time is counted in Business Days in accordance with Section VII point 2.

The Seller provides the Client with proof of purchase. If different processing times have been specified for the Products included in the Order, the longest processing time among those specified applies to the entire Order.

VII. Prices and Payment Methods

The prices of Products are given in Polish zlotys (PLN) and include all components, including VAT, customs duties, and other charges.

The Client may choose the following payment methods:

  • Bank transfer to the Seller’s bank account (in this case, Order processing will begin after the Seller sends the Client an Order acceptance confirmation, and shipment will be made promptly after the funds are received in the Seller’s account and the Order is completed);
  • Electronic payment (in this case, Order processing will begin after the Seller sends the Client an Order acceptance confirmation and after the Seller receives information from the payment operator’s system confirming the Client’s payment. Shipment will take place promptly after the Order is completed).

The Seller informs the Client, on the Online Store website, about the payment deadline for the Order. If the Client fails to make the payment within the specified deadline, the Seller may, after a prior ineffective payment reminder with a set deadline, withdraw from the Agreement pursuant to Article 491 of the Civil Code.

VIII. Right of Withdrawal from the Agreement

A Client who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement before it expires. The Client may prepare the statement independently or use the template provided by the Seller on the Store’s website.

The 14-day period begins:

  • on the day the Product is delivered, or
  • in the case of a Service Agreement, on the day the agreement is concluded.

Upon receiving the Consumer’s withdrawal statement, the Seller will send a confirmation of receipt to the Consumer’s email address.

The right of withdrawal from the Agreement by the Consumer is excluded in the following cases:

  • the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that they would lose the right to withdraw once the service is completed;
  • an Agreement in which the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control, which may occur before the withdrawal period expires;
  • an Agreement for a non-prefabricated Product, made to the Consumer’s specifications or serving their individualized needs;
  • an Agreement for a Product that is perishable or has a short shelf life;
  • an Agreement for a Product delivered in sealed packaging which, once opened, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
  • an Agreement for Products that, due to their nature, become inseparably mixed with other items after delivery;
  • an Agreement for alcoholic beverages, the price of which was agreed upon at the time the Sales Agreement was concluded, and delivery can only occur after 30 days, and whose value depends on market fluctuations beyond the Seller’s control;
  • an Agreement where the Consumer expressly requested the Seller to visit to carry out urgent repairs or maintenance;
  • if the Seller provides additional services or delivers Products other than replacement parts necessary for the repair or maintenance, the right of withdrawal applies to those additional services or Products;
  • an Agreement for audio or video recordings or computer software delivered in sealed packaging if the packaging was opened after delivery;
  • the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts;
  • an Agreement concluded during a public auction;
  • an Agreement for the provision of accommodation (not for residential purposes), transportation of goods, car rental, catering, or leisure-related services, including entertainment, sports, or cultural events, if the contract specifies a date or period for the service;
  • an Agreement for the supply of digital content not stored on a physical medium, if performance began with the Consumer’s express consent before the withdrawal period expired and after the Seller informed them of the loss of the right to withdraw.

If the Agreement was concluded remotely and the Consumer withdraws from it, the Agreement is considered not concluded. All goods and payments exchanged must be returned in an unchanged condition, unless a change was necessary to establish the nature, characteristics, and functionality of the Product. Returns must be made promptly, no later than 14 days. The purchased Product should be returned to the Seller’s address.

The Seller shall promptly, and no later than 14 days from the date of receipt of the Consumer’s withdrawal statement, refund all payments made by the Consumer, including the cost of delivery. The refund will be made using the same payment method used by the Consumer unless the Consumer agrees to a different method, which does not incur any additional costs. The Seller may withhold the refund until the Product is returned or until the Consumer provides proof of its return, whichever occurs first, unless the Seller offers to collect the Product themselves. If the Consumer selected a delivery method other than the cheapest standard delivery offered by the Seller, the Seller is not obligated to reimburse the additional costs incurred by the Consumer. The Client shall bear only the direct cost of returning the Product unless the Seller agrees to bear this cost.

IX. Complaints Concerning Products Based on Statutory Warranty

The Seller undertakes to deliver Products free from defects. The Seller is liable to the Client who is a Consumer under the statutory warranty for defects on the terms specified in Articles 556–576 of the Polish Civil Code.

Complaints arising from a breach of the Client’s rights guaranteed by law or by these Terms and Conditions should be directed to: CANDLY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ , ul. Podleśna 30, 05-532 Łubna, email: office@candly.eu , telephone: +48 790 004 969.

To process a complaint, the Client should send or deliver the Product being complained about, if possible including proof of purchase. The Product should be sent or delivered to the address indicated above.

The Seller undertakes to review each complaint within 14 days. In case of incomplete complaints, the Seller will request the Client to supplement the complaint to the necessary extent without delay, no later than 7 days from the date the Client receives the request.

X. Complaints Regarding the Provision of Electronic Services

The Client may submit complaints to the Seller related to the functioning of the Store and the use of the Services. Complaints can be submitted in writing to: CANDLY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ , ul. Podleśna 30, 05-532 Łubna, email: office@candly.eu , telephone: +48 790 004 969.

In the complaint, the Client should include their full name, mailing address, and a description of the problem. The Seller undertakes to review each complaint within 14 days. If it is not possible to resolve the complaint within this period, the Seller will inform the Client when the complaint will be reviewed. In case of incomplete complaints, the Seller will request the Client to supplement the complaint within 7 days from the date the Client receives the request.

XI. Warranties

Products may be covered by a warranty provided by the manufacturer or the Seller. For Products covered by a warranty, information about the existence and terms of the warranty, including its duration, is included in the Product description on the Store’s website.

XII. Out-of-Court Complaint Handling and Redress Mechanisms

A Client who is a Consumer has, among others, the following options for out-of-court complaint handling and redress:

  • They are entitled to submit a request to the permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
  • They are entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve a dispute between the Client and the Seller;
  • They may obtain free assistance in resolving a dispute with the Seller from the district (municipal) consumer ombudsman or from a consumer protection organization, such as the Consumer Federation or the Polish Consumer Association. Consumer Federation provides assistance via the toll-free consumer hotline: 800 007 707, and the Polish Consumer Association via email at porady@dlakonsumentow.pl;
  • They may file a complaint via the EU online dispute resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal Data Protection

The personal data provided by Clients is collected and processed by the Seller in accordance with applicable law and the Privacy Policy, available on the Store’s website.

XIV. Final Provisions

All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, website, as well as to forms and logos, belong to the Seller. Use of these elements is permitted only in the manner specified and compliant with these Terms and Conditions.

The provisions of these Terms and Conditions relating to the Consumer, in particular regarding the right of withdrawal and complaints, also apply to a natural person concluding a contract directly related to their business activity, if it follows from the content of the contract that it does not have a professional character for that person, in particular resulting from the subject of their business activity made available in accordance with the regulations on the Central Register and Information on Economic Activity. The provisions on out-of-court complaint handling and redress mechanisms do not apply to such persons.

Any disputes that may arise between the Seller and a Client who is a Consumer shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure. Any disputes that may arise between the Seller and a Client who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.

In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Act on Providing Services by Electronic Means, the Act on Consumer Rights, and other applicable provisions of Polish law shall apply.

All Clients will be informed of any amendments to these Terms and Conditions through a notice on the main page of the Online Store containing a summary of the changes and the date they come into effect. Clients who have an Account will also be informed of the changes, including a summary, via the email address they provided. The effective date of the changes will not be shorter than 14 days from the date of their announcement.

If a Client holding a Client Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller within 14 days from the date of being informed about the amendment. Notifying the Seller of the lack of acceptance of the new content of the Terms and Conditions results in the termination of the Agreement.