§1

General Provisions

The Controller of personal data collected via the Online Store is AM Sp. z o.o., with its registered office in Krakow, 30-554, ul. Zamknięta 10, apt. 1.5, registered in the Register of Entrepreneurs of the National Court Register under the Tax Identification Number (NIP): 1060003008, National Business Registry Number (REGON): 120674671, e-mail address: sklep@kolibry.garden - hereinafter referred to as the "Controller" and being both the Service Provider of the Online Store and the Seller.

The online store ("Store") operating at : www.kolibry.garden and run by the Company conducts retail sales of goods via the Internet pursuant to these Terms and Conditions ("Terms and Conditions").

Buyers may contact the Company at the following correspondence address:

30-554 Krakow, ul. Zamknięta 10, apt. 1.5 or by email at : sklep@kolibry.garden or by phone at 579 777 165.

The prices of all goods displayed on the Store's website are gross prices.

The information on the Store's website constitutes commercial information only and not an offer within the meaning of the Civil Code. By placing an order in the Store, the Buyer is making an offer to purchase a specific product at the price and with the features listed on the Store's website. The price and product description become binding only upon confirmation of the order by the Company by changing the order status to "accepted for processing."

The Company declares that the goods sold through the Store are new and covered by the manufacturer's warranty.

§2

Ordering Procedure and Right of Withdrawal

Orders can be placed in the Store:

by completing the form on the Store's website,

by phone – by calling 579 777 165 (call charges according to the current tariff of your telecommunications provider), Monday through Friday from 8:00 AM to 5:00 PM, and on Saturday from 10:00 AM to 1:00 PM.

by email to sklep@kolibry.garden

The order will be processed only if the Buyer provides information that allows for verification of the Buyer and the recipient of the goods, in particular: first and last name, full address, delivery address, and the Buyer's email address and contact phone number.

Acceptance of the order will be confirmed by the Company by phone or email. Upon confirmation by the Company of the Seller's acceptance of the order, the contract is deemed concluded. A Buyer who is a consumer has the right to withdraw from a concluded sales contract without giving a reason within 14 days from the date the Buyer or a third party designated by the Buyer other than the carrier comes into possession of the goods, and in the case of a contract covering multiple items delivered separately, in batches, or in parts – from the date of the receipt of the last item, batch, or part. To exercise this right, the Buyer is obliged to inform the Company of their decision to withdraw from the contract by submitting a clear statement, which may, for example, be sent by post to the following address: AM Sp. z o.o. 30 – 554 Kraków, ul. Zamknięta 10, apt. 1.5, or by email to : sklep@kolibry.garden. A declaration of withdrawal from the contract may also be submitted using the form, a template of which can be found in the "Returns and Complaints" section; however, this is not mandatory. If the Buyer exercises the option to submit a declaration of withdrawal from the contract electronically, the Company will immediately send the Buyer a confirmation of receipt of the withdrawal notice on a durable medium (e.g., by email).

To meet the withdrawal deadline, it is sufficient for the Buyer who is a consumer to send information regarding the exercise of their right of withdrawal before the expiry of the withdrawal deadline.

In the event of withdrawal from the contract, the Company will refund all payments received from the Buyer, including the costs of delivery (excluding additional costs resulting from the Buyer choosing a delivery method other than the least expensive standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Buyer's decision to exercise the right of withdrawal. The Seller will make the refund using the same payment method used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different solution. The Seller has the right to withhold reimbursement until receipt of the goods or until proof of return is provided, whichever occurs first.

Items returned due to withdrawal from the contract must be returned at the Buyer's expense or delivered to the Company's address immediately, and in any case no later than 14 days from the date on which the Buyer informed the Company of their withdrawal. This deadline is met if the Buyer returns the goods before the expiry of the 14-day period.

The Buyer bears the direct costs of returning the goods due to withdrawal from the contract.

The Buyer is obligated to deliver the goods returned due to withdrawal from the contract in complete condition and is obligated to properly secure the goods during return transport to prevent damage. If the value of the returned item is reduced or it is delivered to the Company incomplete, for which the Buyer is liable, the Company has the right to claim compensation from the Buyer under the terms of applicable law.

The right to withdraw from the contract does not apply to consumers in the cases specified in Art. 38 points 1 – 13 of the Consumer Rights Act, i.e. in the case of contracts:

For the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has performed the service, the consumer will lose the right to withdraw from the contract;
where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period;
where the subject of the service is a non-prefabricated item manufactured according to the consumer's specifications to meet their individual needs;
where the subject of the service is an item that spoils quickly or has a short shelf life;
where the subject of the service is an item delivered in a sealed package that cannot be returned after opening for health or hygiene reasons if the package was opened after delivery;
where the subject of the service is items that, due to their nature, are inseparably connected with other items after delivery;
where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations beyond the trader's control;
where the consumer has expressly requested that the trader visit them for urgent repairs or maintenance; if the trader provides additional services other than those requested by the consumer, or supplies items other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with respect to such additional services or items;
where the subject of the service is audio or visual recordings or computer programs delivered in a sealed package, if the package is opened after delivery;
for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription agreement;
concluded by public auction;
for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting, or cultural events, if the contract specifies the day or period for the provision of the service; for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the consumer before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right to withdraw from the contract.

§3

Payments

After confirming the order, the Buyer is obligated to make payment to the Company.

The Store accepts various payment methods: cash on delivery, bank transfer, cash, card payment, electronic payment, and installments. These are also available and visible on the Store's website in the "Payment Methods" tab.

Payment by bank transfer is deemed to be the moment the full amount of the order is credited to the Company's bank account. Payment by payment/credit card is deemed to be the moment of positive authorization of the payment/credit card if payment is made at the Company's registered office. Payment by cash at the Company's registered office is deemed to be the moment of payment at the Company's cashier's office if payment is made in cash at the Company's registered office.

The Buyer is obligated to pay the full price, which is the purchase price of the goods plus shipping costs and any other services the Buyer may receive with the goods.

Shipping costs are specified individually on the Store's website for each product.

Payment of the full price (including the shipping cost) is a condition for the release of the goods to the Buyer.

§4

Shipping of Goods

The Store ships ordered goods via the Company's internal transport, shipping companies, insured shipments (e.g., couriers), or makes them available for collection by the Buyer or an authorized person at the Company's headquarters.
For payments made by payment or credit card, the order processing time is counted from the moment of positive transaction authorization.
For payments other than cash on delivery, the shipping time is extended by the period between placing the order and the date the payment is credited to the Company's bank account.
The order processing time always includes the time needed to ship the ordered goods plus the delivery time. The shipping time is indicated on the Store's website and is confirmed with the Customer each time the Order is placed.
The full cost of shipping is borne by the Buyer. The cost of shipping is visible during order placement and in the order summary in the order confirmation.
Upon receipt/acceptance of the goods, the Buyer is obligated to confirm receipt. From the moment of receipt/acceptance of the goods, the goods become the Buyer's property.
The maximum delivery time is 14-21 business days.

§5

Warranty

Goods sold in the Store are covered by the manufacturer's warranty (the "Guarantor"). The warranty period for institutional customers is 12 months.

Please note that warranty claims do not apply to damage resulting from:

improper use or handling,

● environmental factors (moisture, heat on teakwood components),

● failure to follow the operating instructions,

● use of force (e.g., impacts, shocks, falls),

● unauthorized repair attempts,

● wear resulting from normal, everyday use.

The Company issues a purchase document, i.e., a receipt or VAT invoice (warranty document), to the Buyer along with the item sold. The Store's regulations specify the Guarantor's obligations and the Buyer's rights in the event that the item sold does not have the properties specified in this declaration. The Terms and Conditions contain basic information necessary to exercise warranty rights, in particular the name and address of the Guarantor, the duration and rights in the event of a defect, as well as a statement that the warranty does not exclude, limit, or suspend the Buyer's rights under warranty provisions for defects in sold goods. Details are available in the complaints and returns section at https://kolibry.garden/zwroty-i-reklamacje-towaru.

§6

Complaints, Returns

The Seller is obligated to deliver the goods purchased by the Buyer free of defects. The Company's liability for defects is regulated by Article 556 et seq. of the Civil Code. If, after receiving the goods (i.e., after ownership transfer), the Buyer discovers that the goods have physical defects, the Buyer may, at their own discretion:

● use the warranty (applies to goods covered by the warranty),

● submit a complaint to the Seller under the warranty for defects.

If a complaint is made under the warranty for defects, the Buyer completes the complaint form available in the "Returns and Complaints on Goods" section. They should, in particular, indicate what they believe the defect is, when it was discovered, what the Buyer is requesting from the Seller, provide their contact details, and attach proof of purchase in the form of a receipt or invoice. If warranty services are being used through the Seller, they should submit the completed warranty document to the Company.

Goods subject to warranty or guarantee claims are transported at the Customer's request and expense via a carrier selected by the Customer, unless the Company and the Buyer agree on another method to determine the existence and type of defects reported by the Buyer. The Seller will inform the Buyer about the outcome of their complaint within 14 days of receiving it. If the complaint addressed to the Seller is rejected, the Seller will provide a justification for its decision.

The Seller is liable under the warranty for defects only if the defect is discovered within two years of delivery of the goods to the Buyer (Article 568 § 1 of the Civil Code).

If the Buyer disagrees with the Seller's decision to reject the complaint, the Buyer may refer the matter to a common court or (if the Buyer is a consumer) the Permanent Consumer Arbitration Court, or may seek mediation before that court.

§7

Final Provisions

The "Privacy Policy" is posted on the Store's website and indicates what personally identifiable information the Company may collect and how the Company may use such information.

The Buyer has the right to access and correct their data, as well as to request its deletion.

By using the Store, the Customer consents to the use of cookies. For more details, see the "Privacy Policy" tab on the Store's website.

The Company reserves the right to have the product images displayed on the Store's website differ from their actual appearance due to the individual settings of the computer equipment used by the Buyer when placing the order.

In matters not regulated by the Terms and Conditions, the relevant provisions of generally applicable law shall apply.

To place an order in the Store, it is necessary to read and accept the Terms and Conditions.

The Terms and Conditions are available at the Store's website at https://www.kolibry.garden/regulamin and in writing at the Company's registered office: Kraków 30-554, ul. Zamknięta 10, lok. 1.5.

The Company reserves the right to amend the Terms and Conditions. Amendments will be published in the form of a consolidated text of the Terms and Conditions on the Store's website, along with detailed information about the amendments. Amendments to the Terms and Conditions will take effect within 3 (three) days of the new, consolidated, amended Terms and Conditions being posted on the Store's website.

Orders placed by Customers before the amendments to the Terms and Conditions take effect will be fulfilled in accordance with the existing provisions of the Terms and Conditions.

The provisions of the Terms and Conditions are effective from December 25, 2014 and apply to contracts concluded no earlier than that date.

§8

Intellectual Property

It is prohibited to use any materials, in particular photos and descriptions of goods published on the Store's website, without the prior written consent of the Company.