TERMS AND CONDITIONS

1. These Terms and Conditions set out the general terms, conditions and form of sales conducted by PLANIKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Bydgoszcz, via the online shopwww.planikafires.com (hereinafter referred to as: “the Online Shop”) and sets out the terms and conditions for the provision of free electronic services by PLANIKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Bydgoszcz.

Article 1 – Definitions
1. Consumer – means a natural person entering into a legal transaction with a trader that is not directly related to their business or professional activity.
2. Sales Agreement – means a distance sales agreement concluded in accordance with the terms set out in the Terms and Conditions, between the Customer and the Seller.
3. Service Recipient / Customer – means an entity to whom, in accordance with the Terms and Conditions, services may be provided electronically or with whom a Sales Agreement may be concluded.
4. Delivery – means the physical act of the Seller delivering the Products specified in the order to the Customer via the Supplier.
5. Durability – the ability of the Goods to retain their functions and properties during normal use.
6. Durable medium – means a material or device enabling the Customer or the Seller to store information addressed personally to them, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is intended, and which allows the stored information to be reproduced in an unaltered form.
7. Businessperson with Consumer Rights – means a natural person entering into a Sales Contract directly related to their business activity, provided that the content of that Sales Contract indicates that it is not of a professional nature for that Businessperson, as evidenced in particular by the nature of their business activity, as disclosed under the provisions of the Central Register and Information on Economic Activity.
8. Entrepreneur – means a natural person, a legal person or an organisational unit that is not a legal person but is granted legal capacity by law; conducting business or professional activities in their own name and performing a legal transaction directly related to their business or professional activities.
9. Product – means a product presented by the Seller on the Shop’s Website, which may be the subject of a Sales Contract.
10. Terms and Conditions – means these Terms and Conditions.
11. Seller / Service Provider – means PLANIKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Bydgoszcz (85-862), ul. Bydgoskich Przemysłowców 10, NIP: PL5542520460, REGON: 093115222, entered in the Register of Entrepreneurs maintained by the District Court in Bydgoszcz, 13th Commercial Division of the National Court Register, under KRS number 0000151091, with share capital of PLN 50,000; e-mail: [email protected], which is also the owner of the Online Shop.
BDO number – 000050834.
12. Shop Website – means the websites under which the Seller operates the Online Shop, operating within the domain www.planikafires.com
13. Supplier – means the courier company with which the Seller cooperates in relation to the Delivery of Products.
14. Working Days – means days of the week from Monday to Friday, excluding public holidays.

15. Contact Form – means the electronic service available on the Shop designed to enable visitors to the website https://planikafires.com, which allows for the retention of written correspondence with the Seller, including the date and time of such correspondence, on a durable medium, constituting a digital service within the meaning of the Consumer Rights Act. Correspondence with the Customer is sent to the email address provided by the Customer.

16. Newsletter – means an electronic service available in the Shop designed to enable the sending of periodic information to interested parties in the form of electronic correspondence to the specified email address, regarding the Seller’s commercial activities using the Content.

17. Online chat – means an electronic service available in the Shop designed to enable visitors to the Shop to send messages to the Seller, which allows for the retention of written correspondence with the Seller, including the date and time of such correspondence, on a durable medium, constituting a digital service within the meaning of the Consumer Rights Act. Correspondence with the Customer is sent to the email address provided by the Customer.

18. Mobile Application – means the software (hereinafter the Application) named Planika BEV made available to the Customer by the Seller, intended for installation on the Customer’s mobile device, enabling, in particular, the operation of the BEV fireplace, constituting a digital service within the meaning of the Consumer Rights Act. The provisions of these Terms and Conditions relating to the App shall apply from the moment the App is made available in online mobile app stores and shall depend on its current and future functionalities.

19. Content – means textual, graphic or multimedia elements, including works within the meaning of the Act on Copyright and Related Rights, which are presented and distributed via the Shop or the Newsletter, or posted directly by Service Users whilst using the Online Chat or the Contact Form.

20. Digital Product – data produced and delivered in digital form, i.e. not recorded on a physical medium, such as e-books in *.pdf format delivered by the Service Provider via the Online Shop.

Article 2 – General provisions and use of the Online Shop
1. All rights to the Online Shop, including economic copyright, intellectual property rights to its name, internet domain, the Shop’s Website, as well as to templates, forms and logos, belong to the Seller, and their use may only take place in the manner specified in the Terms and Conditions and in accordance with their provisions.
2. The Seller shall endeavour to ensure that Service Users have access to the Online Shop via all popular web browsers, operating systems, computer types and internet connection types. The Seller does not guarantee and shall not be liable for ensuring that every configuration of the electronic equipment owned by the User will allow for the use of the Online Shop. Subject to the preceding sentence, the minimum technical requirements for using the Online Store’s Website are a web browser with JavaScript enabled and the Adobe Flash plug-in installed (without any systems blocking the display of Flash objects), which accepts cookies.
3. The Seller uses a mechanism involving “cookies”, which, whilst Customers are using the Shop’s Website, are stored by the Seller’s server on the hard drive of the Customer’s end device (end devices). The use of “cookies” is intended to ensure the proper functioning of the Shop’s Website via the Customer’s end device. This mechanism does not damage the Customer’s end device and does not cause any configuration changes to the Customer’s end device or to the software installed on that device. Any Customer may disable cookies in the web browser of their end device. However, the Seller advises that disabling cookies may cause difficulties or prevent the use of the Shop’s Website.
4. A prerequisite for placing an order in the Online Shop via the Shop’s Website or by email, and for using the Services available on the Shop’s Website, is that the Customer has an active email account.
5. The Customer is prohibited from entering unlawful content and from using the Online Shop, the Shop’s Website or the free services provided by the Seller in a manner contrary to the law, public decency or infringing the personal rights of third parties.
6. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve a risk of unauthorised persons obtaining and modifying Customer data; therefore, Customers should use appropriate technical measures to minimise the risks indicated above. In particular, they should use anti-virus software and programmes that protect the identity of Internet users.
7. It is prohibited to use the resources and functions of the Online Shop for the purpose of conducting activities by the Customer that would infringe upon the Seller’s interests, i.e. advertising activities relating to another business or product; activities involving the posting of content unrelated to the Seller’s business; or activities involving the posting of false or misleading content.

Article 3 – Orders
1. The information contained on the Shop’s Website does not constitute an offer by the Seller within the meaning of the Civil Code, but merely an invitation to Customers to submit offers to conclude a Sales Contract.
2. Customers may place orders in the Online Shop via the Shop’s Website or by email 24 hours a day, 7 days a week.
3. A Customer placing an order via the Shop’s Website completes the order by selecting the desired Products. Products are added to the order by clicking the ‘ADD TO BASKET’ button located beneath the relevant Product displayed on the Shop’s Website. Once the order has been finalised and the delivery method and payment method have been specified in the “BASKET”, the Customer places the order by submitting the order form to the Seller, selecting the “ORDER AND PAY” button on the Shop’s Website. Each time before sending the order to the Seller, the Customer is informed of the total price for the selected Products and Delivery, as well as of any additional costs which the Customer is obliged to bear under the Sales Agreement.
4. A Customer placing an order electronically shall send it to the email address provided by the Seller on the Shop’s Website. In the email sent to the Seller, the Customer shall specify, in particular: the name of the Products, the colour and quantity of the Products displayed on the Shop’s Website, and the Customer’s contact details.
5. Upon receipt of the email from the Customer referred to in § 3(4), the Seller shall send the Customer a reply email containing the registration details , the price of the selected Products and the available payment methods, as well as the method of Delivery together with its cost and information on any additional payments the Customer will be required to make under the Sales Agreement. The email should also inform the Customer that the conclusion of the Sales Agreement via email entails an obligation to pay for the ordered Products. On the basis of the information provided by the Seller, the Customer may place an order by sending an email to the Seller, specifying the chosen payment method and delivery method.
6. Placing an order constitutes the Customer making an offer to the Seller to conclude a Sales Agreement for the Products covered by the order.
7. After the order has been placed, the Seller sends an order confirmation to the email address provided by the Customer.
8. Upon confirmation of the order, the Seller shall send a notification of the order’s acceptance for fulfilment to the email address provided by the Customer. The notification of the order’s acceptance for fulfilment constitutes the Seller’s declaration of acceptance of the offer referred to in § 3(7) above, and the Sales Contract is concluded upon its receipt by the Customer.
9. Upon conclusion of the Sales Agreement, the Seller shall confirm its terms and conditions to the Customer by sending them on a durable medium to the Customer’s email address or in writing to the address provided by the Customer when placing the order.
10. When making payment for the Products purchased, as listed in Annex 15 to the Act of 11 March 2004 on Goods and Services Tax (i.e. Journal of Laws of 2018 item 2174, as amended), which are documented by an invoice and where the total amount due exceeds PLN 15,000 gross or the equivalent of that amount – taxpayers are obliged to apply the split payment mechanism in accordance with the applicable regulations, provided that it applies to the Customer placing the order.
The invoice issued by the Seller referred to above should contain the words: “split payment mechanism”. The parties to such a transaction are required to hold a settlement account as referred to in Article 49(1) of the VAT Act. Article 49(1)(1) of the Act of 29 August 1997 – Banking Law, or a personal account with a credit union opened in connection with business activities, held in Polish currency.

Article 4 – Payments
1. The prices displayed on the Shop’s Website alongside a given Product are gross prices and do not include information regarding Delivery costs or any other costs which the Customer will be required to bear under the Sales Agreement; the Customer will be informed of these costs when selecting the Delivery method and whilst placing the order.
2. The Customer may choose the following payment methods for the ordered Products:
a) bank transfer to the Seller’s bank account (in which case order fulfilment will commence once the Seller has sent the Customer confirmation of order acceptance and the funds have been credited to the Seller’s bank account);
b) by payment card, bank transfer or BLIK via the external payment system przelewy24.pl, operated by PayPro S.A. Settlement Agent based in Poznań (in which case order fulfilment will commence after the Seller has sent the Customer confirmation of order acceptance and after receiving information from the przelewy24.pl system regarding successful payment).
3. The Customer should make payment for the order in the amount specified in the Sales Agreement within 7 days, if they have chosen to pay in advance.

4. The prices listed for a given Product are defined as:

a) standard price – the price applied to a given Product without any promotion,

b) promotional price – applied in the event of a price reduction (promotion, discount, sale),

c) lowest price in the last 30 days – provided for information purposes in the event of a price reduction on a given Product.

5. Invoices for businesses are issued via the National e-Invoice System (KSeF), under which the invoice, once approved, is assigned an identification number and can be downloaded directly from the KSeF system.

6. KSeF will not send automatic notifications regarding issued invoices.

7. Customers required to use KSeF should download structured invoices directly from KSeF themselves.

8. As a general rule, the Seller will not inform the Customer about an invoice issued in KSeF.

9. The Seller shall recognise the meaning assigned to the terms ‘date of receipt’ and ‘date of issue’ of KSeF invoices as defined in the VAT Act.

10. The Seller shall make KSeF invoices available to foreign entities in a manner agreed with the relevant Customer.

11. In cases justified on business grounds, a visual representation of the KSeF invoice with the relevant QR code may be made available to the Customer in a manner agreed with them.

12. Where invoices are issued in emergency mode, they are sent to the Customer in a manner agreed with them.

13. Attachments to invoices which are not structured attachments (i.e. do not form an integral part of the invoice and are not delivered using KSeF) are sent to the Customer in a manner agreed with them.

Article 5 – Delivery
1. The Seller shall deliver within the European Union.
2. The Seller shall deliver the Products covered by the Contract free from defects.
3. The Seller shall publish on the Shop’s Website information regarding the number of Working Days required to complete the Delivery and fulfil the order.
4. The Delivery and order fulfilment time indicated on the Shop’s Website is calculated in Working Days in accordance with § 4(2).
5. The ordered Products shall be delivered to the Customer via the Carrier to the address specified in the order form.
6. On the day the Products are dispatched to the Customer, the Seller shall confirm the dispatch to the Customer by email.
7. The Customer is obliged to inspect the delivered Product or Products in a timely manner and in the manner customary for shipments of this kind, in the presence of a Carrier’s employee. In the event of any shortages or damage related to the shipment, the Customer is entitled to request that the Carrier’s employee draw up an appropriate report.
8. The Seller shall, at the Customer’s request, enclose with the consignment being the subject of the Delivery a receipt or VAT invoice covering the delivered Product or Products.
In order to receive a VAT invoice, the Customer must declare at the time of purchase that they are purchasing the Product as a business (taxable person). This declaration is made by ticking the appropriate box on the order form before submitting the order to the Seller.
9. If the Customer is not present at the address provided by the Customer when placing the order as the delivery address, the Supplier’s employee will leave a delivery notice or attempt to contact the Customer by telephone to arrange a time when the Customer will be present. If the Supplier returns the ordered Product to the Online Shop, the Seller will contact the Customer by email or telephone to agree on a date and the cost of redelivery.

Article 6 – Warranty for businesses
1. The Seller guarantees that the Goods are free from defects. The Seller is liable to the Business Customer if the Goods are defective.
2. If the Goods are defective, the Business may:
a) request a price reduction or withdraw from the Sales Contract, unless the Seller immediately and without undue inconvenience to the Business replaces the defective Goods with Goods free from defects or remedies the defect.
This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller has failed to fulfil the obligation to replace the Goods with non-defective ones or to remedy the defect. The Business may, instead of the remedy proposed by the Seller, demand that the Goods be replaced with goods free from defects, or, instead of the replacement of the Goods, demand that the defect be remedied, unless bringing the Goods into conformity with the contract in the manner chosen by the Business is impossible or would entail excessive costs compared to the method proposed by the Seller. When assessing whether the costs are excessive, the value of the defect-free Goods, the nature and significance of the defect found shall be taken into account, as well as the inconvenience to which the Entrepreneur would be exposed by another method of remedy.
The Entrepreneur may not withdraw from the Sales Contract if the defect is insignificant.
b) demand the replacement of the defective Goods with Goods free from defects or the removal of the defect. The Seller is obliged to replace the defective Goods with Goods free from defects or to remove the defect within a reasonable time without undue inconvenience to the Entrepreneur.
The Seller may refuse to comply with the Entrepreneur’s request if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Entrepreneur is impossible or, compared to the other possible method of bringing them into conformity with the Sales Agreement, would entail excessive costs. The cost of repair or replacement shall be borne by the Seller.
3. The Seller shall be liable under the warranty if a physical defect is discovered within two (2) years of the Goods being delivered to the Entrepreneur. A claim for the removal of a defect or the replacement of the Goods with goods free from defects shall lapse after one (1) year, provided that this period shall not end before the expiry of the period referred to in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Agreement or demand a price reduction due to a defect in the Goods. If the Entrepreneur demands replacement of the Goods with goods free from defects or rectification of the defect, the period for withdrawing from the Sales Contract or making a claim for a price reduction shall commence upon the ineffective expiry of the period for replacing the Goods or rectifying the defect.
4. A Business exercising its rights under the warranty is obliged to deliver the defective item to the Seller’s address. The cost of such delivery shall be borne by the Seller.
5. The Business may submit any complaints relating to the Product or the performance of the Sales Contract in writing to the Seller’s address.
6. The Seller shall respond to a complaint regarding the Product or the performance of the Sales Contract submitted by the Entrepreneur within 14 days of receiving the complaint.
7. The Entrepreneur may submit a complaint to the Seller in connection with the provision of free services by the Seller via electronic means. The complaint may be sent electronically to [email protected]. The Entrepreneur should include a description of the problem in the complaint. The Seller shall consider the complaint without delay, but no later than within 14 days, and shall respond to the Entrepreneur.

Article 7 – Warranty
1. Products sold by the Seller may be covered by a warranty provided by the manufacturer or distributor of the Products.
2. In the case of Products covered by a warranty, information regarding the existence and terms of the warranty will be displayed on the Shop’s Website in each instance.

Article 8 – Non-conformity of goods with the contract
Complaints by Consumers and Traders with Consumer Rights
1. Goods are in conformity with the contract if, in particular, the following aspects of the goods are in conformity with the contract:
a) description, type, quantity, quality, completeness and functionality, and in the case of goods with digital elements, also compatibility, interoperability and availability of updates;
b) fitness for the specific purpose for which the Consumer or a Business with consumer rights requires it, of which the Consumer or a Business with consumer rights informed the Seller at the latest at the time of concluding the contract and which the Business accepted.
2. Furthermore, in order for the Goods to be considered in conformity with the contract, they must:
a) be fit for the purposes for which the Goods are ordinarily used, taking into account applicable legal provisions, technical standards or good practice;
b) be available in such a quantity and possess such characteristics, including durability and safety, and, in the case of Goods with digital elements, also functionality and compatibility, as are typical for Goods of this kind and as the Consumer or a Business Entity entitled to Consumer rights may reasonably expect, taking into account the nature of the Goods and any public representations made by the Seller, its legal predecessors or persons acting on its behalf, in particular in advertising or on the label, unless the Seller proves that:
a. was not aware of the public representation in question and, judging reasonably, could not have been aware of it;
b. he was not aware of the public representation in question and, judging reasonably, could not have been aware of it;
c. prior to the conclusion of the contract, the public representation was corrected in accordance with the terms and in the form of a public representation or in a comparable manner;
d. prior to the performance of the contract, the public assurance was corrected in accordance with the terms and in the form of a public assurance or in a comparable manner;
e. the public representation did not influence the decision of the Consumer or the Business with consumer rights regarding the performance of the contract;
f. the public representation did not influence the decision of the Consumer or the Business acting as a Consumer regarding the performance of the contract;
c) the packaging is accompanied by accessories and instructions which the Consumer or a Business acting as a Consumer may reasonably expect;
d) the quality is identical to the sample or model which the Seller made available to the Consumer or the Business acting as a Consumer prior to the conclusion of the contract, and the quality corresponds to the description of such sample or model.
3. The Seller shall not be liable for the non-conformity of the Goods with the contract to the extent referred to in §8(2) if the Consumer or a Business acting as a Consumer was expressly informed, at the latest at the time of conclusion of the contract, that a specific characteristic of the Goods deviates from the requirements of conformity with the contract set out in §8 (2), and has expressly and separately accepted the absence of that specific characteristic of the Goods.
4. The Seller shall not be liable for any lack of conformity of the Goods with the contract resulting from incorrect assembly of the Goods if:
a) it was carried out by the Seller or under the Seller’s responsibility;
b) the incorrect installation carried out by the Consumer or a Business with Consumer rights resulted from errors in the instructions provided by the Business or a third party.
5. The Seller shall be liable for any lack of conformity of the Goods with the contract at the time of delivery and revealed within two (2) years of that time, unless the shelf life of the Goods specified by the Seller, its legal predecessors or persons acting on its behalf is longer. It is presumed that any lack of conformity of the Goods with the contract which becomes apparent within two (2) years of delivery existed at the time of delivery, unless proven otherwise or the presumption is incompatible with the nature of the Goods or the nature of such lack of conformity.
6. The Seller may not rely on the expiry of the time limit for establishing the non-conformity of the Goods with the contract specified in §8(5) if the Seller has fraudulently concealed such non-conformity.
7. If the Goods are not in conformity with the contract, the Consumer or a Business with Consumer Rights may demand repair or replacement.
8. The Seller is entitled to replace the Goods where the Consumer or a Business with consumer rights demands repair, or the Seller is entitled to repair the Goods where the Consumer or a Business with consumer rights demands replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer or a Business with Consumer Rights is impossible or would entail excessive costs for the Seller. If repair and replacement are impossible or would entail excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the contract.
9. When assessing the disproportionate nature of the costs to the Seller, all circumstances of the case shall be taken into account, in particular the significance of the Goods’ non-conformity with the contract, the value of Goods in conformity with the contract, and the disproportionate burden on the Consumer or a business operating as a Consumer resulting from the altered method of bringing the Goods into conformity with the contract.
10. When assessing the disproportionate nature of the costs to the Seller, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Goods with the contract, the value of the Goods in conformity with the contract, and the disproportionate inconvenience to the Consumer or a Business with Consumer rights resulting from the change in the method of bringing the Goods into conformity with the contract.
11. The Seller shall carry out the repair or replacement within a reasonable time after being notified by the Consumer or a Business with Consumer Rights of the established lack of conformity with the contract and without undue inconvenience to the Consumer or the Business with Consumer Rights, taking into account the nature of the Goods and the purpose for which the Consumer or the Business with Consumer Rights purchased them. The costs of repair or replacement, in particular covering the costs of postage, transport, labour and materials, shall be borne by the Seller.
12. The Consumer or Business with Consumer Rights shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer or Business with Consumer Rights at its own expense.
13. The Consumer or a Business with Consumer Rights may use the complaint form provided by the Seller: complaint form.
14. The Consumer or a Business with Consumer Rights may send photographic documentation of the Goods subject to the complaint to the Seller’s email address, on the basis of which the Seller may consider the complaint regarding the Goods within fourteen (14) days from the date of receipt of the request containing the complaint.
15. If the Goods have been installed prior to the discovery of their non-conformity with the contract, the Seller is obliged to dismantle the Goods and reinstall them after repair or replacement, or to arrange for this process to be carried out at their own expense.
16. The Consumer or a Business with Consumer Rights is not obliged to pay for the normal use of the replaced Goods.
17. If the Goods are not in conformity with the contract, the Consumer or a Business with Consumer Rights is entitled to demand a price reduction or to withdraw from the contract where:
a) the Seller has refused to bring the Goods into conformity with the contract in accordance with §8(8) above;
b) the Seller has failed to bring the Goods into conformity with the contract in accordance with §8(10)-(14) above;
c) the non-conformity of the Goods with the contract persists despite the Seller’s attempt to bring the Goods into conformity with the contract;
d) the non-conformity of the Goods with the contract is of such a nature as to justify a price reduction or withdrawal from the contract without first resorting to the remedies set out in §8(7)-(14) above;
e) it is apparent from the Seller’s statement or from the circumstances that the Seller will not be able to bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer or the Business, which would infringe the Consumer’s rights.
18. The Seller is obliged to respond to the Consumer’s complaint within fourteen (14) days of receiving it
19. The Seller shall refund to the Consumer or the Business exercising Consumer rights any amounts due arising from the exercise of the right to a price reduction without delay, and no later than within fourteen (14) days of receiving the Consumer’s or the Business exercising Consumer rights’ statement regarding the price reduction. 20.
20. A Consumer or a Business exercising Consumer rights may not withdraw from the contract if the non-conformity of the Goods with the contract is minor. Non-conformity of the Goods with the contract shall be deemed significant.
21. If the lack of conformity relates only to some of the Goods supplied under the contract, the Consumer or a Business with Consumer rights may withdraw from the contract only in respect of those Goods, as well as in respect of other Goods purchased by the Consumer or a Business with Consumer Rights together with the Goods not in conformity with the contract, if the Consumer or a Business with Consumer Rights cannot reasonably be expected to agree to retain only those Goods that are in conformity with the contract.
22. In the event of withdrawal from the contract, the Consumer or a Business acting as a Consumer is obliged to return the Goods to the Seller immediately at their own expense. The Seller shall refund the price to the Consumer or a Business acting as a Consumer immediately, no later than within fourteen (14) days of receiving the Goods or proof of their return.
23. The Seller shall refund the payment using the same method of payment as that used by the Consumer or the Business with Consumer Rights, unless the Consumer or the Business with Consumer Rights has expressly agreed to a different method of refund which does not entail any costs for them.
24. The Seller shall refund the price using the same method of payment as that used by the Consumer or the Business with Consumer Rights, unless the Consumer or the Business with Consumer Rights has expressly agreed to a different method of refund which does not entail any costs for them.
25. The Seller does not participate in the out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
Article 9 – Withdrawal from the sales contract
1. A Customer who is a Consumer or an Entrepreneur with consumer rights and who has entered into a Sales Contract may withdraw from it within 14 days without giving any reason.
2. The period for withdrawing from the Sales Contract begins when the Consumer, an Entrepreneur with consumer rights, or a third party designated by them other than the carrier takes possession of the Products.
The Consumer and the Business with consumer rights may withdraw from the Sales Contract by submitting a notice of withdrawal from the Sales Contract to the Seller. The notice may be submitted, for example, in writing to the Seller’s address: PLANIKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Bydgoskich Przemysłowców 10 (85-862), Bydgoszcz or via email to the Seller’s address, i.e. [email protected]. The notice may be submitted using the form, a template of which has been provided by the Seller on the Shop’s Website at: Order Cancellation. To meet the deadline, it is sufficient to send the notice before it expires.
The Consumer and the Business with Consumer Rights may withdraw from the Sales Contract by submitting a statement of withdrawal from the Sales Contract to the Seller via the form available on the website at: Electronic withdrawal form. To meet the deadline, it is sufficient to send the statement before it expires. The Seller shall immediately provide the Consumer and the Business with Consumer Rights with confirmation of receipt of the form submitted via the website.
3. In the event of withdrawal from the Sales Agreement, the agreement shall be treated as if it had never been concluded.
4. If the Consumer or a Business with Consumer Rights submits a notice of withdrawal from the Sales Contract before the Seller accepts the Customer’s offer, the offer ceases to be binding.
5. The Seller is obliged to, without delay, no later than within 14 days of receiving the Consumer’s or Business with Consumer Rights’ notice of withdrawal from the Sales Agreement, refund to the Consumer or Business with Consumer Rights all payments made by them, including the costs of delivering the Product to the Consumer or Business with Consumer Rights. The Seller may withhold the refund of payments made by the Consumer or the Business Acting as a Consumer until the returned Product has been received or until the Consumer or the Business Acting as a Consumer has provided proof of the Product’s return, whichever occurs first.
6. If the Consumer or a Business Acting as a Consumer, exercising their right to withdraw from the Contract, has chosen a method of delivery for the Product other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer or the Business Acting as a Consumer for the additional costs incurred by them.
7. The Consumer or a Business with Consumer Rights is obliged to return the Product to the Seller without undue delay, but no later than 14 days from the date on which they withdrew from the Sales Contract. To meet the deadline, it is sufficient to dispatch the Product to the Seller’s address before the deadline expires.
8. In the event of withdrawal from the contract, the Consumer or a Business with consumer rights shall bear only the direct costs of returning the Product.
9. If, due to its nature, the Product cannot be returned by post in the usual manner, the Seller shall inform the Consumer or the Business with Consumer Rights of the costs of returning the Product on the Shop’s Website.
10. The Consumer or a Business with Consumer Rights shall be liable for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to ascertain the nature, characteristics and functioning of the Product.
11. The Seller shall refund the payment using the same method of payment as that used by the Consumer or the Business with Consumer Rights, unless the Consumer or the Business with Consumer Rights expressly agrees to a different method of refund which does not entail any costs for them.
12. The right to withdraw from the Sales Contract does not apply to a Consumer or a Business with Consumer Rights in respect of contracts where the Goods are items delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery.

Article 10 – Free services
1. The Seller provides the following free services to Customers via electronic means:
a) Contact form;

b) Online chat;

c) Newsletter;

d) use of the App;

e) downloading Digital Content – the lookbook in *pdf format.
2. The services specified in Article 10.1 above are provided 24 hours a day, 7 days a week.
3. The Seller reserves the right to select and change the type, form, time and manner of providing certain of these services, of which the Customer will be informed in the manner appropriate for amendments to the Terms and Conditions.
4. Service: The Contact Form refers to sending a message to the Seller via the form available on the Shop’s Website. To use the Contact Form, you must provide your name, email address and the content of the message.
5. You may opt out of the free Contact Form service at any time by ceasing to send enquiries to the Seller.

6. The Customer may receive commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter). To do so, the Customer must provide a valid email address and tick the relevant box on the registration form or order form.

7. The Service Provider provides an electronic service in the form of a Newsletter, which involves sending commercial information to Service Users registered on the subscriber list, including direct marketing consisting of, amongst other things, information about blog articles, social media posts, products and services, or events and training courses via email.

8. In order to commence the Newsletter service, i.e. to add an email address to the subscriber list, the Service User will be asked to complete the registration form available on the Online Shop, providing their name and email address, and to confirm their registration by clicking the “Subscribe” button or similar. Confirmation of the subscription will result in an email being sent to the email address provided by the Customer, requesting confirmation of the subscription or deletion of the email in the event that the request was sent in error. The email sent to the Service User contains an active link; by clicking on , the Service User confirms their subscription. Confirmation of the subscription results in the Service User being added to the subscriber database.

9. Confirmation of subscription means that the Service User consents to the use of automated calling systems and telecommunications terminal equipment for the purpose of sending commercial information, including direct marketing by electronic means. This consent is voluntary but necessary for subscription to the subscriber list and for the dispatch of the Newsletter. Failure to give consent means that the Newsletter service cannot be provided. The Service User may withdraw their consent at any time, which will result in the Newsletter service being discontinued.

10. Upon successful registration on the subscriber list, a contract is concluded for the provision of Digital Content in exchange for payment.

11. A Service User wishing to use the Newsletter service is obliged to provide accurate personal data when completing the registration form.

12. The Newsletter service is protected by copyright and other intellectual property rights held by the Service Provider.

13. The Service User may unsubscribe from the Newsletter service at any time and without giving a reason. Unsubscription may be notified to the Service Provider:

a) electronically via the active link provided in the footer of every message sent as part of the Newsletter service, labelled ‘Unsubscribe’ or similar;

electronically to [email protected]

in paper form to the postal address of Planika sp. z o.o., Bydgoszcz (85-862), ul. Bydgoskich Przemysłowców 10

The Service User’s use of the link to unsubscribe from the Newsletter service, or the sending of correspondence via email or post requesting cancellation of the service, will result in the immediate termination of the contract for the provision of the Newsletter service.

The Service Provider reserves the right to cease providing the Newsletter service at any time. The Service Provider shall inform the Service Recipient of the cessation of the Newsletter service via the email address provided during the subscription process.

The Newsletter service agreement is concluded for an indefinite period and is terminated upon the Customer sending a request to remove their email address from the Newsletter subscription or unsubscribing via the deactivation link contained in the message sent as part of the Newsletter service (termination of the Newsletter service agreement).

The Seller enables the Customer to download the App free of charge to the Customer’s mobile device from the following sources:

a) https://play.google.com/store/apps/details?id=com.planika.PlanikaFLA4

b) https://apps.apple.com/pl/app/planika-bev/id6474076288

18. Using the App downloaded from a source other than those indicated in point 17 of this paragraph carries the risk of compromising the integrity of the App and or connecting to malicious software that is dangerous to the Customer’s mobile device.

19. Use of the Application is possible after:

a) reading the Terms and Conditions;

b) reading the information about the Application provided by the entities distributing the Application;

c) downloading the Application;

d) installing the App on the Customer’s mobile device.

20. The App’s features enable the operation of the BEV fireplace.

21. Upon installation of the App on the Customer’s mobile device, the Seller grants the Customer a non-exclusive licence to use the App, covering the reproduction of the App solely in connection with its download to the mobile device, and the installation and running of the App on the Customer’s mobile device.

22. A single copy of the Application may be installed on one of the Customer’s mobile devices.

23. The Customer is not authorised to make any other changes to the Application, including its source code.

24. The Customer is authorised to use the Application solely for purposes not related to business activities.

Article 11 – Protection of personal data
1. The rules governing the protection of personal data are set out in the Privacy Policy.

Article 12 – Termination of the contract (does not apply to Sales Contracts)
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other Party prior to the termination of the aforementioned contract and the provisions below.
2. The Seller may terminate the contract for the provision of electronic services by sending the Customer a relevant notice of termination to the email address provided by the Customer whilst using the service.

Article 13 – Rules for moderating Service Users’ content

The Seller is entitled to moderate the Service User’s Content, i.e. to take measures aimed at detecting and identifying prohibited Content posted in the Online Chat or in the Contact Form and combating such Content, including its removal or preventing other Service Users from accessing it.

The Seller may moderate Service User Content on its own initiative or following a report by other Service Users or third parties who consider the reported content to be illegal or otherwise in breach of the Terms and Conditions.

The Seller may also moderate User Content at the stage of its publication on the website or in the Online Shop, but is not obliged to do so.

When moderating User Content, the Seller may use tools for the automated management of User Content.

The Seller considers Content to be prohibited if it violates applicable law, breaches public decency or is inconsistent with the provisions of these Terms and Conditions, in particular:

infringe the personal rights of third parties, intellectual property rights, data protection law or trade secrets;

incite or condone hatred, discrimination or violence against individuals or groups, including on the grounds of race, gender, sexual orientation, religion or lack thereof, belief, nationality or disability;

contain pornography or other forms of sexual exploitation;

incite violence against people or animals;

endorse or encourage terrorist acts;

are intended to defraud or extort, or support such activities;

that may mislead or harm public opinion (misinformation and so-called ‘fake news’);

evoke negative emotions in the recipient or promote behaviour that is dangerous to health and life;

do not relate to the subject matter of the content being commented on;

contain profanity or content generally considered offensive;

are intended to promote services or products offered by third parties or by the person posting the content;

constitute spam;

contain links.

Users and third parties who consider the Service User’s Content to be illegal or in breach of the Terms and Conditions (Prohibited Content) may report such content to the Seller for moderation.

The report must be sent to the Seller via the Contact Point referred to in point 1.11 of the Terms and Conditions.

The report must contain all of the following elements:

a sufficiently substantiated explanation of the reasons why the person reporting the Service User’s Content considers it to be illegal or otherwise in breach of the Terms and Conditions;

a clear indication of the exact electronic location of the reported Content, such as the exact URL(s), and, where applicable, additional information enabling the identification of the reported Content;

the name and email address of the person or entity making the report, except in the case of a report concerning information deemed to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU;

a statement confirming the good-faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.

In the event of an incomplete or erroneous report, the Seller shall request the reporting person to rectify the deficiencies within 14 days of receipt of the report and shall advise that failure to rectify the deficiencies within the specified period will result in the report being left unprocessed.

Upon receipt of a complete report, the Seller shall immediately confirm receipt to the person submitting the report at the email address provided in the report.

The Seller shall consider the report no later than 14 days from the date of receipt of the complete report. For the purpose of moderating the reported content, the Seller may request additional information or documents necessary to carry out verification.

While the reported content is being moderated, the Seller may block the visibility of the reported content to other Service Users.

The Seller carries out moderation in good faith and with due diligence, i.e. in an objective, non-discriminatory and proportionate manner:

assesses it for compliance with the law and the Terms and Conditions;

decides whether to remove it, prevent other Users from accessing it, restrict its visibility, suspend or terminate the provision of the digital service, or whether there has been no breach of the Terms and Conditions.

Should the Seller obtain any information giving rise to a suspicion that a criminal offence threatening the life or safety of a person or persons has been committed, is being committed, or may be committed, the Seller shall immediately notify the relevant law enforcement authorities of such suspicion.

The Seller shall immediately notify the Service User who posted the Content and the person who reported it of the decision referred to in point 13 above, provide them with the reasons for the decision, and inform them of the possibility of appealing against it. This does not apply where the Service User’s Content constitutes misleading commercial content.

The Seller shall include the following elements in the justification for the decision:

an indication of the action covered by the decision (removal of prohibited Content, preventing other Service Users from accessing it, restricting its visibility, suspension or termination of the digital service) or that no breach of the Terms and Conditions has been found;

the facts and circumstances on which the decision was based, including, where applicable, information on whether the decision was taken following a report or on the Seller’s own initiative and, where strictly necessary, the identity of the person who made the report;

where applicable, information on the use of automated means in the decision-making process, including whether the decision was taken in relation to content detected or identified using automated means;

if the decision concerns potentially unlawful Content, an indication of the legal basis on which the decision is based, and an explanation of the reasons why the Content in question was deemed unlawful on that basis;

if the decision is based on an alleged breach of the Terms of Service by the Content, an indication of the contractual basis on which the decision is based, and an explanation of the reasons why the Content in question is considered prohibited;

clear and user-friendly information regarding the User’s right to appeal against the decision.

Appeals must be submitted to the Contact Point referred to in point 1.11 of the Terms and Conditions.

The appeal should include:

the full name (or, where applicable, the name of the entity) and contact details of the person lodging the appeal, and

a statement of the grounds for challenging the decision, the scope of the request and the arguments supporting the request.

Appeals will be considered within 14 days of the date of submission.

Appeals will be considered without the use of automated decision-making systems.

The Seller has the right to block access to the electronic services provided in the Online Shop to a Customer who uses the Online Shop for purposes inconsistent with its intended use or who breaches the law, public decency or the provisions of the Terms and Conditions. The blocking of access to electronic services provided free of charge in the Online Shop shall last for the period necessary to resolve the situation giving rise to the block. The Seller shall notify the Customer of the blocking of electronic services by sending a message to the email address provided by the Customer when placing an order in the Online Shop.

In the event of access to electronic services being blocked, any unfulfilled orders placed by that Customer shall be cancelled by the Service Provider. Cancellation shall take place within 1 day of the block being imposed. In such a case, if payment for the order has already been made, the Service Provider shall refund the Customer the full amount paid, using the same method by which the payment was made. The refund shall be made immediately, in accordance with the provisions of the Terms and Conditions.

The Customer is obliged to:

provide only true and up-to-date information in the forms made available on the Online Shop or via the online chat;

updating the personal data provided in connection with the conclusion of the Service Agreement or the Sales Agreement;

use the Online Shop’s features in a manner that does not disrupt their operation, in particular by using specific software or devices, and in a manner consistent with the provisions of applicable law, the Terms and Conditions, as well as with accepted customs and principles of social coexistence in this regard.

It is prohibited to:

posting any content on the Online Shop that violates the law, public decency or infringes the personal rights of third parties (prohibition on posting unlawful content, e.g. content promoting violence, pornographic content, defamatory content or content infringing the personal rights and other rights of third parties);

performing actions that interfere with the rules or technical aspects of the Online Shop’s operation;

modifying Content found on the Online Store;

disclosing the Customer’s username or password to any unauthorised persons;

breaching any geographical or territorial restrictions;

using the resources and functions of the Online Shop to conduct activities that would harm the Seller’s interests, including posting content unrelated to the Seller’s business or content that may be misleading;

circumventing the Online Shop’s security measures or other actions detrimental to the Seller;

undertaking activities such as: sending or posting unsolicited commercial information (spam) within the Online Store.

Article 14 – Digital Products

The condition for receiving a digital product (lookbook) is to give consent and provide an email address.

Technical protection measures may be applied to Digital Products available in the Online Store to prevent unlawful use. A detailed description of the protection measures and compatibility with software and devices for reading digital content can be found in the information about each Digital Product on the Online Store website

Digital Products are made available in *.pdf format.

To open and use Digital Products, you must:

have a device capable of reading computer files in the formats referred to in paragraph 3 above (e.g. a computer, phone, tablet);

have software installed on that device capable of reading computer files in the formats referred to in paragraph 3 above (e.g. Adobe Reader, Sumatra PDF).

Digital Products are made available without territorial restrictions.

Digital products will be delivered to the email address provided by the Customer.

The Seller recommends saving Digital Products to a storage medium.

The Customer has the right to use Digital Products solely for their own use in accordance with generally applicable laws (licence). The licence does not include the right to market Digital Products or transfer them, either in part or in full, to third parties, whether for a fee or free of charge, in any legal form.

The licence in question is a non-exclusive licence, unlimited in time or territory to the extent necessary to reproduce, adapt and modify the Digital Products to the conditions of the organisation in question, without the right to sub-licence.

The licence does not include the right to market or transfer the Digital Products, either in part or in full, to third parties, whether for a fee or free of charge, in any legal form.

The licence does not include the right to sub-license or the right to transfer the licence to third parties.

The Service Recipient is not entitled to:

distribute Digital Products or their adaptations, in whole or in part, whether for commercial or non- purposes, unless within the scope of permitted personal use;

reproduce Digital Products for any purpose other than for their own personal use or other use in accordance with applicable regulations.

A complaint regarding a Digital Product may be lodged, in particular, if the Digital Product proves to be defective or fails to start.

A complaint may be submitted as follows:

in writing to the Seller’s address: ul. Bydgoskich Przemysłowców 10, 85-862 Bydgoszcz;

electronically via email to the address: [email protected]

It is recommended that the complaint form include:

information and details regarding the subject of the complaint, in particular the nature and date of the problem;

contact details – email address.

The Seller shall consider the complaint and notify the Customer of the outcome without delay, no later than within 14 days.

Article 15 – Final provisions

1. Contracts concluded via the Online Shop are concluded in Polish.

2. Amendments to the Terms and Conditions shall in no way infringe upon the rights of Customers using the Shop prior to the date on which the amendments come into force; in particular, they shall not affect orders that have been placed or fulfilled.

3. Orders accepted for fulfilment are subject to the Terms and Conditions in force at the time the order was placed.

4. The Customer is entitled to refuse to accept amendments to the Terms and Conditions. Placing an order after receiving notification of an amendment to the Terms and Conditions constitutes acceptance of its content.

5. The content of the Terms and Conditions and archived versions thereof may be recorded by printing, saving to a storage medium or downloading at any time from the Online Store’s website.

6. All rights to the Content published on the Online Shop by the Service Provider, rights to the name and trademark of the Online Shop, rights to graphic elements, rights to software and rights relating to databases are vested in the Seller and in entities with which the Seller has entered into relevant agreements.

7. The Content available on the Online Store’s website, and in particular the materials forming part of the Digital Services and the Newsletter and constituting descriptions of the Goods and the Seller’s offers, are works and are protected by copyright, and these rights belong to the Seller or to persons or entities cooperating with the Seller.

8. The Customer may use the Content referred to in point 7 of this paragraph of the Terms and Conditions on the basis of fair use for private purposes. This means that the Customer and users of the website may use them solely for their own purposes, including their own business activities, subject to the provision that the purchaser is not entitled to make this content or its individual elements available to third parties as their own product or service (whether for a fee or free of charge).

9. The Service Provider reserves the right to amend the Terms and Conditions for the following valid reasons:

if an amendment to the Terms and Conditions is necessary due to a change in generally applicable law which directly affects the content of the Terms and Conditions – accordingly in this respect;

changes arising from security considerations, including those aimed at preventing the use of the service in a manner contrary to the law;

the introduction of significant changes to the operation of the Online Shop, including those related to technical or technological progress, covering changes to the Service Provider’s systems;

increased clarity of the provisions of the Terms and Conditions;

changes to the functionality, interoperability and other operational characteristics of the Content provided.

The Service Provider shall notify Users of any amendments to the Terms and Conditions. The Terms and Conditions incorporating the amendments introduced in accordance with the preceding paragraph shall be made available to Users on a durable medium (to the email address provided when placing orders in the Online Store), whilst also making the new text of the Terms and Conditions available for download, 30 days in advance, thereby providing the opportunity to terminate the Agreement in the manner specified in the Terms and Conditions. Previous versions of the Terms and Conditions will also be made available on the Online Shop’s website.

Amendments to the Terms and Conditions shall not apply to existing Agreements concerning paid services.

Modification of the Online Store (changes to the Content or Digital Services forming part of it) requires an amendment to the Terms and Conditions, unless the conditions set out in the paragraphs below apply.

Changes to the Online Shop (changes to Digital Content available via the Online Shop and as part of the Electronic Service) which are necessary to ensure the Digital Content complies with the contract, e.g. consisting of:

technical changes related to improving security (in accordance with data protection regulations) and functionality (including the elimination of errors);

changes expanding the scope of the Electronic Service. In this case, the Service Provider shall provide clear and comprehensible information regarding the change made.

In the case referred to in clause 13 of this paragraph of the Terms and Conditions, the Customer may terminate the contract without notice within 30 days of being informed of the change.

In the event of termination of the contract in accordance with this paragraph, the Service Provider shall, at the Consumer’s request, make available to the Consumer any content other than personal data that was provided or created by the Consumer whilst using the Digital Products supplied by the Service Provider.

The contract for the provision of electronic services is concluded in Polish. The Online Shop is operated in Polish.

No provision of these Terms and Conditions shall be construed as excluding or limiting the rights of Consumers.

In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: of the Civil Code; the Act on the Provision of Electronic Services (Journal of Laws 2020.344); the Consumer Rights Act (Journal of Laws 2020.287, as amended), the Copyright and Related Rights Act (Journal of Laws 2022.2509) and other relevant provisions of generally applicable law.

The Seller shall be liable for non-performance or improper performance of the contract; however, in the case of contracts concluded with Customers who are Business Users, the Seller shall be liable only for damage caused intentionally and within the limits of the damage actually suffered by the Customer who is a Business User.
21. The content of these Terms and Conditions may be recorded by printing, copying to a storage medium or downloading from the Shop’s Website at any time.
22. In the event of a dispute arising from the concluded Sales Agreement, the parties shall endeavour to resolve the matter amicably. The law applicable to the resolution of any disputes arising under these Terms and Conditions is Polish law.

23. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller prior to the entry into force of the new Terms and Conditions shall be processed in accordance with the Terms and Conditions in force on the date the Customer placed the order. The amended Terms and Conditions shall enter into force within 7 days of their publication on the Shop’s Website. The Seller shall inform the Customer of the amendment to the Terms and Conditions 7 days prior to the entry into force of the new Terms and Conditions via email, containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new Terms and Conditions, they must notify the Seller of this fact, which will result in the termination of the contract in accordance with the provisions of § 12.

24. When developing new features, the Seller takes into account issues relating to digital accessibility.

25. The Seller plans and implements improvements that facilitate the use of the website and the App.

26. To use the Seller’s services, a device with a web browser and internet access is required. It is not necessary to create an account or log in to place an order in the online shop.

27. The website www.planikafirescom is partially compliant with the accessibility requirements of the Act and the guidelines contained in WCAG 2.2 at Level AA.

28. The Seller adapts the website’s functions to statutory requirements and current guidelines in this regard.

29. With regard to external service providers, the Seller works with responsible entities that prioritise customer comfort.

30. If you notice any issues whilst using the Online Shop website, please contact us:

on +48 52 3641160;

at the email address: [email protected].

31. In accordance with the provisions of the European Parliament Regulation on general product safety, the manufacturer of the goods is Planika sp. z o.o., with its registered office in Bydgoszcz (85-862), ul. Bydgoskich Przemysłowców 10, VAT No.: 5542520460, REGON: 093115222, entered in the Register of Entrepreneurs maintained by the District Court in Bydgoszcz, 13th Commercial Division of the National Court Register, under KRS number 0000151091, with share capital of PLN 50,000:

postal address: Planika sp. z o.o., Bydgoszcz (85-862), ul. Bydgoskich Przemysłowców 10;

telephone number: +48 52 3641160;

email address: [email protected]

product safety instructions are available at: https://download.planikafires.com/

32. The contact details provided in point 31 of this paragraph of the Terms and Conditions enable Consumers to submit complaints and report accidents or safety-related issues they have experienced with a specific product.

33. These Terms and Conditions shall come into force on 1 April 2026.

Packaging registration numbers:
ENV/2024/000049291
DE3629157393949
FR239836_01BKEX
FR040342_068KRC
FR239836_01BKEX
FR345002_05BAYU