The cadresmoss.com store operates based on the principles outlined in these Terms and Conditions.
The Terms and Conditions define the conditions for concluding and terminating Sales Agreements for Products, the complaint procedure, as well as the types and scope of services provided electronically by the cadresmoss.com store, the rules for providing these services, and the conditions for concluding and terminating contracts for the provision of electronic services.
Each Service User, upon taking actions aimed at using the Electronic Services of the cadresmoss.com store, is required to comply with the provisions of these Terms and Conditions.
In matters not regulated by these Terms and Conditions, the following provisions shall apply:
the Act on Providing Services by Electronic Means of July 18, 2002,
the Consumer Rights Act of May 30, 2014,
the Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016,
the Civil Code of April 23, 1964,
and other relevant provisions of Polish law.
§ 2 Definitions in the Terms and Conditions
TERMS AND CONDITIONS – these Terms and Conditions of the Store.
STORE – the online store operated by the Service Provider at cadresmoss.com.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Store.
CONTACT FORM – a form available on the cadresmoss.com website allowing messages to be sent to the Service Provider.
REGISTRATION FORM – a form available on the cadresmoss.com website allowing the creation of an Account.
ACCOUNT – a collection of resources marked by an individual name (login) and password, stored in the Service Provider’s IT system, where the Service User’s data is collected, including information on orders placed.
ORDER FORM – a form available on the cadresmoss.com website allowing the placement of an Order.
REVIEW SYSTEM – an Electronic Service provided by the Service Provider allowing customers to post reviews of the Products.
NEWSLETTER – an Electronic Service allowing the Service User to subscribe and receive free information from the Seller via email regarding Products available in the Store.
SELLER, SERVICE PROVIDER – the owner of the CADRES brand is Marcin Zubal, conducting business under the name ZOOMPROJEKT MARCIN ZUBAL, registered in the Central Register and Information on Economic Activity of the Republic of Poland, maintained by the minister competent for the economy. Business address and correspondence address: ul. Kortowska 49, 80-178 Gdańsk, NIP: 5591902948, REGON: 341176982, email: info@cadres.pl, phone number: +48 535 888 346.
SERVICE USER – a natural person, legal entity, or organizational unit without legal personality, to whom the law grants legal capacity, using the Electronic Service.
CUSTOMER – a Service User who intends to enter into or has entered into a Sales Agreement with the Seller.
CONSUMER – a natural person who performs a legal action with an entrepreneur that is not directly related to their business or professional activity.
ENTREPRENEUR – a natural person, legal entity, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity in their own name.
PRODUCT – a movable item or service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
SALES AGREEMENT – a sales agreement for a Product entered into between the Customer and the Seller via the Store.
ORDER – a Customer’s declaration of intent constituting an offer to enter into a Sales Agreement for a Product with the Seller.
PRICE – the value expressed in monetary units that the Customer is obligated to pay the Seller for the Product.
§ 3 Product Information and Ordering
The store cadresmoss.com sells products via the Internet.
The products offered in the store are new, compliant with the contract, and have been legally introduced to the Polish market.
The information available on the store’s website does not constitute an offer within the meaning of the law. By placing an order, the customer makes an offer to purchase a specific product under the terms outlined in its description.
The price of the product displayed on the store’s website is shown in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.
The price of the product displayed on the store’s website is binding at the time the customer places the order. This price will not change, regardless of any price changes in the store that may occur for individual products after the customer places their order.
The seller clearly informs customers about the unit prices and promotions or discounts on product prices. Next to the discount information, the seller displays the lowest price of that product that applied in the 30 days preceding the discount. If the product has been offered for sale for less than 30 days, the seller displays the lowest price of the product that applied from the day the product was first offered for sale until the day the discount was introduced.
Orders can be placed through the website using the Order Form (Store cadresmoss.com) – 24 hours a day, all year round.
The customer is not required to register an account in the store in order to place an order.
To place an order in the store, the customer must read and accept the terms of the regulations at the time of placing the order.
Promotional (sale) products have a limited number of units, and orders for them will be fulfilled in the order in which they are received until the stock of the specific product is depleted.
Some product lines, such as “Harmony Moss” and “Cube Moss”, are made exclusively to individual customer orders (i.e., in the case of these series, the customer individually selects the product components).
Customers may order any product line on a custom basis, provided the individual offer has been accepted by the seller and the possibility of its execution confirmed.
For products made to the customer’s individual order, the case mentioned in § 8 point 10.1 applies, meaning that the customer is not entitled to return them.
Due to the production technology, i.e., the handmade nature of each product and the natural origin of the materials from which they are made, subtle differences in the structure and shade of moss or wood may occur, and they may also have a characteristic scent. Additionally, the moss used in the products may stain. The features mentioned in the previous sentence are characteristic of these products and do not constitute defects.
§ 4 Conclusion of the Sales Agreement
To conclude a Sales Agreement, the Customer must first place an Order using the methods provided by the Seller in accordance with § 3 points 7 and 9 of the Terms and Conditions.
After placing the Order, the Seller promptly confirms its receipt by:
sending an email containing confirmation of all essential elements of the Order,
a contract withdrawal form; however, the right of withdrawal does not apply in the case of products made to individual specifications, in accordance with Article 38 of the Consumer Rights Act (EU),
these Terms and Conditions, which include instructions on the right to withdraw from the contract.
After verifying the Order, the Seller promptly confirms its acceptance for processing by sending a second email to the Customer.
Upon receipt of the email referred to in point 3 of this section, the Sales Agreement between the Customer and the Seller is concluded.
Each Sales Agreement will be confirmed with a proof of purchase, which will be included with the Product and/or sent by email to the Customer’s email address provided in the Order Form.
§ 5 Payments methods
The Seller offers the following payment methods:
Payment via traditional bank transfer to the Seller’s bank account
Payment via the electronic payment system paynow and PayPal,
Payment using credit or debit cards such as Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro
The entities providing online payment services for card transactions are Autopay S.A. and PayPal.
For traditional bank transfer payments, the payment should be made to the following bank account: 92 1140 2004 0000 3002 7402 3028 (mBank), ZOOMPROJEKT MARCIN ZUBAL, ul. Kortowska 49, 80-178 Gdańsk, NIP: 5591902948. In the transfer title, the Customer should include “Order no. …”
In the case of payment through the electronic payment system, the Customer must complete the payment before the Order is processed. The electronic payment system allows payments using credit cards or fast transfers from selected Polish and international banks.
The Customer is required to pay the price for the Sales Agreement within 3 business days from its conclusion, unless otherwise stated in the Sales Agreement.
In the case of selecting any of the payment methods described in points 1.1, 1.2, and 1.3 of this section, the Product will be shipped only after it has been paid for.
§ 6 Cost, delivery time, and methods of product shipment
The delivery costs of the product, which are covered by the customer, are determined during the order process and depend on the selected payment method and the chosen method of delivery for the purchased product.
The delivery time of the product consists of the product preparation time and the time it takes for the product to be delivered by the carrier:
Product preparation time (counted from the moment the payment is credited to the seller’s account or upon positive authorization of the transaction by the electronic payment system) is:
15 to 20 business days for products from the “Harmony Moss” and “Cube Moss” series,
up to 30 business days for products made according to custom dimensions provided by the customer.
Delivery by carrier of physical goods occurs within the time frame declared by the carrier, i.e., 1 to 5 business days from the moment of dispatch (delivery is made only on business days, excluding Saturdays, Sundays, and holidays).
The Products purchased in the Store are shipped via a courier company (DPD, FedEx, DHL).
Customers also have the option to collect purchased products in person, after prior contact via email or phone.
All products are shipped in protective packaging, and the packaging costs are included in the price of the Product. The Customer only covers the delivery costs.
Customers from countries outside the European Union, such as the United States, Norway, the United Kingdom, Switzerland, and Iceland, are responsible for all customs duties, import taxes, VAT, and other costs associated with the delivery of the shipment to the territory of that country. These costs are charged at the time of delivery and are not included in the purchase price. The buyer bears full responsibility for the payment of any additional fees imposed by local customs authorities.
§ 7 Product Complaint Procedure
The rights of a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions regarding product non-compliance with the agreement are specified in the Consumer Rights Act of May 30, 2014.
The basis and scope of the Seller’s liability towards a Customer who is an Entrepreneur, as referred to in § 9, regarding warranty claims, are defined in the Civil Code of April 23, 1964.
The Seller is liable to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for product non-compliance with the agreement that existed at the time of delivery and was revealed within 2 years from that time, unless a longer validity period is specified by the Seller or its representatives.
Notifications of product non-compliance with the agreement and relevant claims can be submitted via email to: info@cadres.pl or in writing to: ul. Kortowska 49, 80-178 Gdańsk.
In the written or electronic message, please provide as much information and circumstances regarding the complaint as possible, particularly the type and date of the issue and contact details. Providing these details will significantly facilitate and expedite the complaint handling process by the Seller.
To assess product non-compliance with the agreement, the Consumer or entity referred to in § 10 of the Terms and Conditions is required to make the product available to the Seller, and the Seller is obligated to collect it at their own expense.
The Seller will respond to the Customer’s claim promptly, no later than 14 days from the receipt of the claim.
In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, failure to address the complaint within 14 days of its submission is equivalent to accepting it.
A Customer who is a Consumer or an entity referred to in § 10 may initially request the Seller to replace or repair the product. The Customer may only demand a price reduction or withdrawal from the agreement in cases specified in the Consumer Rights Act of May 30, 2014 (e.g., when the non-compliance is significant, the Seller refuses to bring the product into compliance, or the non-compliance persists even after the Seller’s attempt to resolve it).
In relation to a justified complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller will:
Cover the costs of repair or replacement and the subsequent delivery of the product to the Customer
Reduce the product price (the reduced price must reflect the proportion between the price of a compliant product and the non-compliant product) and return the difference to the Consumer or entity referred to in § 10 no later than 14 days after receiving the statement about the price reduction,
In the event of withdrawal from the agreement by the Consumer or entity referred to in § 10, the Seller will refund the price of the product no later than 14 days from receiving the returned product or proof of its return. In such cases, the Consumer or entity referred to in § 10 must return the product to the Seller immediately at the Seller’s expense.
The response to the complaint is provided in writing or on another durable medium, such as an email or SMS.
§ 8 Right of Withdrawal from the Agreement
Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, who has concluded a distance contract, may withdraw from it without giving reasons by submitting a relevant declaration within 14 days. It is sufficient to send the declaration provided by the Store to meet this deadline.
In the event of withdrawal from the contract, the Sales Agreement is considered null and void, and the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller without delay, but no later than 14 days from the day they withdrew from the contract unless the Seller proposed to collect the Product themselves. The deadline is considered met if the Product is sent back before its expiration.
In the case of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Kortowska 49, 80-178 Gdańsk.
The Consumer or the entity referred to in § 10 of the Terms and Conditions is responsible for reducing the value of the Product resulting from its use in a manner that exceeds what is necessary to establish the nature, characteristics, and functioning of the Product unless the Seller has not informed the Consumer or the entity about the method and deadline for exercising the right of withdrawal, and has not provided them with a withdrawal form. To establish the nature, characteristics, and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and inspect the Products in the same way they would in a physical store.
Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with delivery costs using the same payment method as the one used by the Consumer unless the Consumer or the entity referred to in § 10 of the Terms and Conditions has expressly agreed to a different refund method that does not incur any costs for them. Subject to point 7 of this paragraph, the refund will be made without delay and no later than 14 days from the receipt of the Consumer’s declaration of withdrawal from the Sales Agreement.
If the Consumer or the entity referred to in § 10 of the Terms and Conditions chose a delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred.
If the Seller has not offered to collect the Product themselves from the Consumer or the entity referred to in § 10 of the Terms and Conditions, they may withhold the refund of payments received from the Consumer until they have received the returned goods or the Consumer or the entity has provided proof of their return, whichever event occurs first.
The Consumer or the entity referred to in § 10 of the Terms and Conditions withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bears only the cost of returning the Product to the Seller.
The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions can withdraw from the contract is calculated:
For a contract under which the Seller delivers the Product and is obligated to transfer ownership – from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party indicated by them, other than the carrier) takes possession of the Product,
For a contract that includes multiple Products delivered separately, in parts or batches – from taking possession of the last Product, part, or batch,
For a contract that involves the regular delivery of Products for a specified period – from taking possession of the first Product,
For other contracts – from the day of concluding the contract.
The right of withdrawal from a distance contract does not apply to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Agreement:
Where the subject of the service is a non-prefabricated product, made to the Consumer’s specifications or serving to meet their individualized needs,
Where the subject of the service is a product delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons if the packaging was opened after delivery,
Where the subject of the service is products that, due to their nature, become inseparably connected with other items after delivery,
For services for which the Consumer is obligated to pay a price if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after its fulfillment by the entrepreneur, they will lose the right to withdraw from the contract and acknowledged this,
Where the subject of the service is a product that is perishable or has a short shelf life.
The right to withdraw from the contract also does not apply to customers from the United States in the case of products made to individual order. Customers from the USA, by placing an order, accept these terms.
The right of withdrawal from the Sales Agreement is available to both the Seller and the Customer in the event that the other party fails to fulfill their obligation within a strictly defined timeframe.
§ 9 Provisions Concerning Entrepreneurs (B2B)
This section contains provisions exclusively for entrepreneurs not covered by the consumer rights protection law mentioned in § 10 of the Terms and Conditions.
The Seller reserves the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 business days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without providing a reason, and does not give rise to any claims from the Customer who is not a Consumer against the Seller.
The Seller has the right to limit the payment methods available to non-Consumer Customers, including the requirement of an advance payment of part or the entire sale price, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
The benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer who is not a Consumer at the moment the Seller hands over the Product to the carrier. In such a case, the Seller is not responsible for the loss, damage, or destruction of the Product after it has been handed over to the carrier, nor for delays in delivery.
In the event of shipping the Product to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the shipment in the time and manner customary for such shipments. If the Customer finds that there has been any loss or damage to the Product during transport, they are required to take all necessary actions to determine the carrier’s liability.
The Service Provider may terminate the electronic service agreement with immediate effect and without providing reasons by sending a termination notice to the Customer who is not a Consumer.
§ 10 Provisions concerning entrepreneurs with consumer rights
An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is granted protection provided by the Consumer Rights Act, provided that the contract they enter into with the Seller is directly related to their business activity, but from the content of the contract, it is clear that it is not of a professional nature, particularly based on the subject of their business activity.
A person running a business as mentioned in point 1 of this paragraph is granted protection only in the following areas:
Unlawful contract terms,
Liability for the lack of conformity of the Product with the contract,
The right to withdraw from a distance contract,
Rules concerning contracts for the supply of digital content or digital services.
The entrepreneur mentioned in point 1 of this paragraph loses consumer protection rights if the Sales Contract they entered into with the Seller is of a professional nature, which is verified based on the entry of that entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland, particularly the Polish Classification of Activities (PKD) codes listed there.
Entrepreneurs mentioned in point 1 of this paragraph are not entitled to institutional protection granted to Consumers by district consumer rights advocates or the President of the Office of Competition and Consumer Protection (UOKiK).
§ 11 Type and Scope of Electronic Services
The Service Provider enables the use of Electronic Services through the Store, such as:
entering into Product Sales Agreements,
maintaining an Account in the Store,
Opinion System,
Newsletter,
sending messages via the Contact Form.
The provision of Electronic Services to Service Recipients in the Store is carried out under the conditions specified in the Terms and Conditions.
The Service Provider has the right to place advertising content on the Store’s website. These contents are an integral part of the Store and the materials presented therein.
§ 12 Terms and conditions for the provision and conclusion of contracts for electronic services
The provision of the Electronic Services specified in § 11.1 of the Terms and Conditions by the Service Provider is free of charge.
The period for which the agreement is concluded:
the agreement for the provision of Electronic Services consisting of enabling the placement of an Order in the Shop is concluded for a definite period of time and is terminated at the moment of placing the Order or ceasing to place it by the Customer,
agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time. The agreement is concluded when the Customer sends a completed Registration Form,
the agreement for the provision of Electronic Services consisting of the use of the Rating System shall be concluded for an indefinite period of time and shall terminate upon the posting of an opinion or cessation of use of this Service by the Customer,
agreement for the provision of an Electronic Service consisting of the use of the Newsletter shall be concluded for an indefinite period of time,
agreement for provision of Electronic Service consisting in enabling sending a message to the Service Provider via Contact Form is concluded for an indefinite period of time and terminates upon sending the message or discontinuance of its sending by the Customer.
Technical requirements necessary to work with the ICT system used by the Service Provider:
computer (or mobile device) with access to the Internet,
access to e-mail,
web browser,
enable Cookies and Javascript in your web browser.
The Customer is obliged to use the Shop in a manner consistent with the law and good manners, with due regard for the personal rights and intellectual property rights of third parties.
The Customer is obliged to enter data in accordance with the facts.
The Customer is prohibited from providing unlawful content.
§ 13 Complaints Related to the Provision of Electronic Services
Complaints related to the provision of Electronic Services through the Store may be submitted by the Service Recipient via email to the following address: info@cadres.pl.
In the email, as much information and circumstances as possible regarding the subject of the complaint should be provided, especially the type and date of the irregularity and contact details. The provided information will significantly facilitate and expedite the processing of the complaint by the Service Provider.
The Service Provider will process the complaint promptly, no later than 14 days from the date of submission.
The Service Provider’s response to the complaint will be sent to the Service Recipient’s email address provided in the complaint submission or by another method indicated by the Service Recipient.
§ 14 Conditions for Terminating Agreements for the Provision of Electronic Services
Termination of the electronic service agreement:
The agreement for the provision of continuous and indefinite Electronic Services (such as Account management, Newsletter) may be terminated.
The Service Recipient may terminate the agreement with immediate effect and without providing reasons by sending an appropriate statement via email to info@cadres.pl or by deleting their Account.
The Service Provider may terminate the agreement for the provision of continuous and indefinite Electronic Services if the Service Recipient violates the Regulations, particularly if they provide unlawful content, after a prior ineffective warning to cease the violations within a specified time frame. In such cases, the agreement expires 7 days after the declaration of intent to terminate it (notice period).
Termination leads to the cessation of the legal relationship for the future.
The Service Provider and the Service Recipient may terminate the agreement for the provision of Electronic Services at any time by mutual agreement.
§ 15 Intellectual Property
All content posted on the website at cadresmoss.com is protected by copyright law and (with the exception of § 15 point 3 and elements posted by Service Users, used under a license, transfer of proprietary copyright, or permitted use) is the property of Marcin Zubal, conducting business under the name ZOOMPROJEKT MARCIN ZUBAL, registered in the Central Register and Information on Economic Activity of the Republic of Poland, maintained by the minister responsible for the economy. Business address and mailing address: ul. Kortowska 49, 80-178 Gdańsk, NIP: 55919029482. The Service User is fully liable for any damages caused to the Service Provider as a result of using any content from the cadresmoss.com website without the Service Provider’s consent.
Any use by anyone, without the express written consent of the Service Provider, of any element constituting the content and materials of the cadresmoss.com website is a violation of the copyright law held by the Service Provider and results in civil and criminal liability.
All trade names, product names, company names, and their logos used on the online store’s website at cadresmoss.com belong to their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and photos presented on the online store’s website at cadresmoss.com are used for informational purposes.
§ 16 Final Provisions
The contracts concluded through the online store are concluded in accordance with Polish law.
In case any part of the Terms and Conditions is found to be inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision.
These Terms and Conditions also apply to customers from the United States. Transactions with customers from the USA are governed by Polish law.
Any disputes arising from Sales Agreements between the Store and Customers will be resolved first through negotiations, with the intention of reaching an amicable solution, in line with the law on out-of-court resolution of consumer disputes. However, if this is not possible or unsatisfactory for either party, the disputes will be settled by the competent common court, in accordance with point 4 of this section.
Court dispute resolution
Any disputes between the Service Provider and the Service Recipient (Customer) who is also a Consumer or an entity referred to in §10 of the Terms and Conditions, will be submitted to the courts competent under the provisions of the Civil Procedure Code of November 17, 1964.
Any disputes between the Service Provider and the Service Recipient (Customer) who is not a Consumer, as referred to in §9 of the Terms and Conditions, will be submitted to the court competent for the Service Provider’s registered office.
A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting a request for mediation or a request for the case to be considered by an arbitration court after completing the complaint procedure (the request can be downloaded from the website: http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also seek free assistance from the municipal (district) consumer ombudsman or from a social organization whose statutory tasks include consumer protection. Out-of-court dispute resolution after the complaint procedure is free of charge.
A Consumer may also submit a complaint via the ODR (Online Dispute Resolution) platform available at: http://ec.europa.eu/consumers/odr/.
