KALAMAS ONLINE SHOPPING TERMS AND CONDITIONS

The KALAMAS online store operating at https://kalamas.pl/ is a service managed by KALAMAS Monika Bończa-Tomaszewska with its registered office in Warsaw, ul. Woziwody 40, 02-901 Warsaw, Poland, NIP: 5271661549.

E-mail address: kalamas.studio@gmail.com

Phone number: +48 539 958 821

These Terms and Conditions define the rules for concluding Sales Agreements between Buyers and the Seller, including the obligations of Buyers and the Seller via the kalamas.pl Online Store and KALAMAS Online Channels.

§ 1 GLOSSARY

For the purposes of these terms and conditions, the following definitions apply:

  • PRODUCT PRICE – expressed in Polish zlotys or euros. The gross price of the Product indicated in the kalamas.pl Online Store or on kalamas.studio Online Channels, including the applicable VAT rate;
  • BUSINESS DAYS – Monday, Tuesday, Wednesday, Thursday, Friday – excluding days that are statutory public holidays in the Republic of Poland;
  • KALAMAS ONLINE CHANNELS – The kalamas.pl online store, as well as social media platforms: Facebook, Pinterest, LinkedIn, YouTube, Instagram, TikTok, X, or other websites with similar properties redirecting to the Online Store website;
  • CIVIL CODE – the Act of April 23, 1964, Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended);
  • CONSUMER – in accordance with Art. 22 1 of the Civil Code, a natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity;
  • ACCOUNT – the Buyer’s individual account in the kalamas.pl Online Store operating at https://kalamas.pl/ after registration. The account contains the buyer’s contact details – including first and last name or company name, phone number, NIP, Regon, e-mail address, delivery address, as well as information about the Buyer’s activity and orders;
  • SHOPPING CART – an IT program provided by the Seller on the website https://kalamas.pl/, which enables placing an Order.
  • BUYER – A Consumer, an entrepreneur, or an entrepreneur with Consumer rights, who concludes a sales agreement in the kalamas.pl Online Store or through KALAMAS Online Channels; the Buyer is also the SERVICE RECIPIPIENT;
  • TOTAL ORDER COST – The price of the Products added by the Buyer to the cart, increased by delivery costs and additional costs, if any, that were made known to the Buyer, and decreased by any discounts. The Buyer purchasing via the kalamas.pl Online Store and/or via KALAMAS Online Channels is obliged to pay the Price calculated in this way;
  • NICK – a string of characters identifying the Buyer within the kalamas.pl Online Store and in KALAMAS Online Channels;
  • WITHDRAWAL FROM THE AGREEMENT – A buyer who is a consumer within the meaning of Art. 22[1] of the Civil Code may withdraw from the agreement without giving a reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement to the address: support@kalamas.pl before its expiry.
  • PRIVACY POLICY – a document containing information addressed to Buyers about the scope of collected personal data and its use and processing in connection with the use of the kalamas.pl Online Store and KALAMAS Online Channels by Buyers, including in connection with the conclusion and implementation of Sales Agreements and Product delivery. The document is available on the website of the kalamas.pl Online Store at https://kalamas.pl/
  • PRODUCT – items presented via the kalamas.pl Online Store / KALAMAS Online Channels. This presentation constitutes an invitation to conclude an agreement as referred to in Art. 71 of the Civil Code;
  • KALAMAS LOYALTY PROGRAM – a loyalty program, the terms of participation of which are included in the KALAMAS Loyalty Program Regulations available on the website of the kalamas.pl Online Store at https://kalamas.pl/;
  • ENTREPRENEUR – in accordance with Art. 43 1 of the Civil Code, a natural person, a legal person, or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity in its own name;
  • ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person concluding an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for them, resulting in particular from the subject of their business activity made available on the basis of the provisions on the Central Registration and Information on Business;
  • PUDO – customer service points of a courier company or other service and commercial points where it is possible to collect Products purchased by Buyers via the kalamas.pl Online Store or KALAMAS Online Channels. The current list of PUDO is available on the website of the courier service operator selected when placing the order and specifying the delivery method.
  • COMPLAINT – the rules for complaining about a Product purchased by the Buyer under a Sales Agreement concluded with the Seller are specified in the provisions of the Consumer Rights Act, which define in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement. Detailed rules for handling complaints are set out in § 5 of the Regulations.
  • REGULATIONS – these Regulations of the kalamas.pl online store;
  • KALAMAS.PL ONLINE STORE – an online trading platform run by the Seller, containing Digital Content and enabling retail sale of Products offered by the Seller at the internet address https://kalamas.pl/;
  • SELLER – KALAMAS Monika Bończa-Tomaszewska with its registered office in Warsaw, ul. Woziwody 40, 02-901 Warsaw, Poland, NIP: 5271661549. The Seller is also the SERVICE PROVIDER;
  • FORCE MAJEURE – The occurrence of force majeure occurs when at least one of the following conditions is met:
    • the event must be of a natural origin, resulting from the forces of nature (e.g., hurricane, tornado, flood, blizzard, storm);
    • the event is military in nature (e.g., acts of war or rebellion);
    • the event is an action of public authority (e.g., the legislator of a given country or a neighboring state introduces unexpected legal restrictions affecting all citizens – e.g., the introduction of pandemic restrictions);
  • DIGITAL ENVIRONMENT – computer hardware, software, and network connection used to access digital content or a digital service in order to use them;
  • DIGITAL CONTENT – data produced and delivered in digital form;
  • SALES AGREEMENT – a distance sales agreement for Products, concluded off-premises and without the simultaneous physical presence of a natural person, between the Parties, which are the Seller and the Buyer. The Sales Agreement is concluded via the kalamas.pl Online Store and via KALAMAS Online Channels. The provisions of these regulations apply to the conclusion of the Sales Agreement;
  • ORDER – a statement of will of the Buyer or Entrepreneur with Consumer Rights, the aim of which is to conclude a Product sales agreement, by indicating the type and number of the Product;
  • RETURN – A Consumer and an Entrepreneur with Consumer Rights have the right to withdraw from a distance agreement for a period of 14 (fourteen) days without giving reasons. In the event of withdrawal from the agreement, the Buyer bears the direct costs of returning the goods.

The singular and plural forms of the terms contained in § 1 items a-w and their capitalization or lowercase should be interpreted taking into account their identical meaning.

Annexes to these regulations constitute an integral part thereof.

§ 2 GENERAL PROVISIONS

  1. These regulations define the rules for using the kalamas.pl Online Store operating at https://kalamas.pl/ and other Kalamas Online Channels run by KALAMAS Monika Bończa-Tomaszewska with its registered office in Warsaw, ul. Woziwody 40, 02-901 Warsaw, Poland, NIP: 5271661549 regarding distance selling of Products, as well as the use by Service Recipients of the kalamas.pl Online Store and other KALAMAS Online Channels, placing Orders for Products, paying the Sales Price of Products, delivery of Products, the Buyer’s right to withdraw from the agreement, and rules for submitting and considering complaints, as well as the method of making Product returns.
  2. To browse the range of the kalamas.pl Online Store and place Orders for presented Products, a Digital Environment is required – a computer or other device (smartphone, tablet) with Internet access and a web browser such as: Safari, Google Chrome, Microsoft Edge, Mozilla Firefox, or similar, and an active electronic mail (e-mail) account. Browsing the range is also possible via Online Channels. Browsing the Store’s range does not require registration – creating an Account in the Store.
  3. Placing an order for products in the kalamas.pl Online Store range requires acting in accordance with the provisions of these Regulations. To make a purchase, the Buyer/Service Recipient may register in the kalamas.pl Store by completing the online registration form, providing their e-mail address, and is also obliged to accept the Online Store regulations and the Privacy Policy. After registering in the Online Store, a registration confirmation will be sent to the e-mail address of the Buyer/Service Recipient provided in the registration process. Registration in the Store and the use of the Online Store’s functionalities are free of charge.
  4. It is possible to make a purchase without registration in the kalamas.pl online store, however, in order to deliver the shipment, it will be necessary to provide address details or indicate a PUDO.
  5. The Service Provider uses cookies to collect information related to the use of the Online Store by the Service Recipient in order to maintain the session of the logged-in Service Recipient and to keep statistics on the views of the Online Store’s subpages. The Service Recipient may at any time delete placed cookies or block the placement of cookies using the options available in their web browser.
  6. The Buyer/Service Recipient is obliged, in the process of Account registration, i.e., in the registration form, to provide only true and current data. The Participant is obliged to update the provided data each time it changes.
  7. The Service Provider is not responsible for the consequences of the Participant providing incorrect data in the registration form.
  8. The Buyer/Service Recipient may not provide data or any content in the Account registration form that is contrary to the law, vulgar, harmful, aggressive, legally prohibited, obscene, indecent, violating people’s privacy and their right to image, violating copyrights, personal rights, dignity, or insulting racial or ethnic origin, nationality, containing threats or slanders.
  9. A Service Recipient who has registered an Account on the Service Provider’s website terminates the agreement for the provision of electronic services to the address: kalamas.studio@gmail.com by submitting a request to delete their customer Account. The Service Provider deletes the registered Account and/or e-mail address from the subscriber list without undue delay.

§ 3 SALES CONDITIONS

  1. Information about Products available in the kalamas.pl Online Store range constitutes an invitation to conclude a sales agreement within the meaning of Art. 71 of the Civil Code.
  2. The subject of sale are brand new Products, free from defects, presented by the kalamas.pl Online Store at the time of placing the order by the Buyer.
  3. All Product prices in the kalamas.pl Online Store are given in Polish zloty (PLN) and euro (EUR) and are gross prices, i.e., they include taxes, including the applicable tax on Products and services (VAT).
  4. Product prices on the kalamas.pl Online Store website do not include delivery costs. Delivery costs depend on the selected method of delivery to the Buyer, as well as on the value and characteristics of the ordered Product (including its weight and size) and are provided when the Buyer chooses the product delivery method. The Total Order Cost, including the price of products with delivery costs, is indicated in the cart before the Buyer places the order. The information presented at that time regarding the total value of the order includes all additional charges for transport, delivery, or postal services, or any other costs, as well as any discounts or promotions.
  5. In every price reduction announcement, the Online Store provides the previous price used for a specific period before the price reduction, where the previous price means the lowest price used by the Store in a period that cannot be shorter than 30 days before the price reduction. This provision does not apply to prices given in connection with changes in price lists and catalogs, conditional discounts, or loyalty cards and programs or affiliate links.
  6. For a Sales Agreement to be concluded, it is necessary to:
    • place an order online, i.e., on the kalamas.pl Online Store website, via the Shopping Cart – by clicking the “add to cart” button;
    • confirm being aware that the order entails an obligation to pay by activating the “Place order” button in the last step of the Shopping Cart;
    • enter the details of the recipient of the Order and the address to which the product is to be delivered, as well as a telephone number at which the Seller can contact the Buyer on matters related to the Order;
    • enter invoice data if a VAT invoice is to be issued and sent to the Buyer. The Buyer may consent to receive invoices in electronic form; invoices will be sent to the e-mail address indicated in the Account;
    • confirm the Order with the button: „Order and pay”;
    • pay for the order using one of the available payment methods. Orders placed in the kalamas.pl Online Store can only be paid for in advance (before the Ordered product is sent).
    • payment can be made: by transfer in the form of prepayment for the full value of the Order to the Seller’s bank account, via the PayU or Stripe payment system operator. All accepted means of payment are clearly and explicitly marked at the beginning of the Order placement process (in the Shopping Cart).

§ 4 DELIVERY OF ORDERS

  1. The subject of the Order will be delivered to the Buyer only within Poland, European Union countries, EEA countries, and Switzerland, to the address indicated by the Customer in the order, depending on the Customer’s choice, as:
    • Courier shipment.
    • Shipment with collection in a parcel locker.
  2. The Buyer is obliged to provide a correct and accurate address to which the subject of the Order is to be delivered. The place of performance is the address provided by the buyer as the address for the delivery of ordered Products.
  3. At the time of delivery, the Seller delivers the Products by transferring physical possession or control over them to the Buyer, without undue delay, after concluding the Sales Agreement, but no later than within 30 days from the date of concluding the agreement. In the event of force majeure, this period is counted from its cessation.
  4. At the time of product issuance, the Seller provides the Buyer with a personal invoice in electronic form or together with the shipment in paper form. At the buyer’s request, the Seller issues a VAT invoice in electronic or paper form. To the Entrepreneur with Consumer Rights, the seller provides only a VAT invoice.
  5. Products are shipped after placing and paying for the Order. The estimated delivery time for Products is 1 to 3 days from the day following the shipment of the parcel, depending on the chosen form of delivery. The total and maximum delivery time for Products may not exceed 14 days from the date of placing and paying for the Order in the case of shipping within the territory of the Republic of Poland, and 21 days respectively in the case of shipping to the territory of another EEA country, the European Union, or Switzerland.
  6. The maximum dimensions of a parcel locker shipment are 64 cm x 41 cm x 38 cm; the permissible weight of the shipment is 25 kg. In the case of larger orders and shipment sizes, the Seller reserves the right to determine individual delivery conditions.
  7. The delivery cost of Products is borne by the Buyer. The delivery cost depends on the total price of the ordered Products, the form of delivery, and the form of payment. The final delivery cost is calculated at the first stage of placing an online Order (in the Shopping Cart).
  8. Delivery is free when the total price of the ordered Products reaches at least 400 zlotys.

§ 5 COMPLAINTS (NON-COMPLIANCE OF GOODS WITH THE AGREEMENT)

  1. The Seller is liable to the Consumer and the Entrepreneur with Consumer Rights for the compliance of the Product with the concluded Sales Agreement. In the case of sales to these entities, the provisions of Chapter 5a of the Consumer Rights Act apply.
  2. A Product is compliant with the Sales Agreement if, in particular, its:
    • description, type, quantity, quality, completeness, and functionality;
    • fitness for a specific purpose about which the Consumer informed the Seller at the latest at the time of concluding the agreement;
    • features that are standard for goods of this type and which the Consumer can reasonably expect, remain compliant with the agreement.
  3. The Seller is responsible for the non-compliance of the Product with the agreement existing at the time of its delivery and revealed within two years from that time.
  4. In the event of finding the Product non-compliant with the agreement, the Consumer may submit a complaint:
    • electronically to the address: kalamas.studio@gmail.com;
    • in writing to the address: ul. Woziwody 40, 02-908 Warsaw.
  5. In the complaint report, it is recommended to provide: first and last name, correspondence address, order number, description of non-compliance, and the selected request.
  6. Hierarchy of claims (Two-stage process):
    • Stage I: The Consumer may first demand repair or replacement of the Product. The Seller may make a replacement when the Consumer demands repair (or vice versa) if bringing the goods into compliance with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller.
    • Stage II: The Consumer may submit a statement on price reduction or withdrawal from the agreement only when:
      • The Seller refused to repair or replace;
      • The Seller did not bring the Product into compliance with the agreement;
      • The non-compliance with the agreement still occurs, even though the Seller tried to bring the goods into compliance;
      • The non-compliance of the Product with the agreement is significant enough to justify an immediate price reduction or withdrawal from the agreement.
  7. The Buyer cannot withdraw from the agreement if the non-compliance of the Product with the agreement is insignificant.
  8. The Seller will respond to the complaint within 14 days from the date of its receipt.
  9. The Consumer makes the goods subject to repair or replacement available to the Seller. The Seller collects the goods from the Consumer at its own expense.
  10. The Seller returns the amounts due to the Consumer as a result of exercising the right to a price reduction or withdrawal from the agreement immediately, no later than within 14 days from the date of receipt of the statement or the goods.
  11. The Consumer has the right to use out-of-court complaint handling and redress methods, including via the ODR Platform available at: http://ec.europa.eu/consumers/odr.

§ 6 PRODUCT RETURNS AND THE RIGHT OF WITHDRAWAL

  1. A Consumer and an Entrepreneur with Consumer Rights have the right to withdraw from a distance agreement for a period of 14 (fourteen) days without giving reasons. In the event of withdrawal from the agreement, the Buyer bears the direct costs of returning the goods.
  2. The period begins on the day on which the Consumer or the Entrepreneur with Consumer Rights, or a third party other than the carrier and indicated by the Consumer or the Entrepreneur with Consumer Rights, came into physical possession of the Products.
  3. The Consumer or Entrepreneur with Consumer Rights is obliged to inform the Entrepreneur during the withdrawal period of their decision in this regard.
  4. The statement of the Consumer or Entrepreneur with Consumer Rights does not require a special form. For this purpose, it is sufficient to use the model withdrawal form set out in the Annex to the Regulations or to submit a clear statement in its content. The withdrawal period is considered met if the consumer or Entrepreneur with Consumer Rights sends the statement on exercising the right of withdrawal before the expiry of this period. The burden of proof in this regard lies with the Consumer or Entrepreneur with Consumer Rights.
  5. The Seller returns to the Consumer an amount equal to the price of the Product and the costs of its delivery to the Consumer (with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest usual delivery method offered in the Store).
  6. The Seller may withhold the reimbursement of payments received from the Consumer or Entrepreneur with Consumer Rights until it has received the items back or until the Consumer or Entrepreneur with Consumer Rights has provided evidence of having sent them back.
  7. The Seller makes the reimbursement using the same method of payment as used by the Consumer or Entrepreneur with Consumer Rights, unless the latter has expressly agreed to another method of return that does not involve any costs for them.
  8. A Consumer or Entrepreneur with Consumer Rights who has withdrawn from the agreement is obliged to send back the goods or hand them over to the seller or a person authorized by the seller to receive them, without undue delay, no later than 14 days from the date on which they informed the seller about the decision to withdraw from the agreement.
  9. The above deadline is considered met if the Consumer or Entrepreneur with Consumer Rights sends back the ordered Products before the end of the fourteen-day period.
  10. Returned Products should be in an unchanged state, unless the change was necessary within the limits of proper familiarization with the goods. If the subject of the service is a product delivered in a sealed package, the consumer does not have the right to withdraw from the agreement and return the product for health protection or hygiene reasons if the package was opened after delivery.
  11. The Consumer or Entrepreneur with Consumer Rights is liable for any diminished value of the item resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the item. The Consumer or Entrepreneur with Consumer Rights is responsible for the decrease in the value of Products that occurred from the day they came into physical possession of the Products or in which a third party other than the carrier and indicated by the consumer or Entrepreneur with Consumer Rights came into physical possession of the Products and resulting from improper handling to a degree greater than necessary to establish the nature, properties, or manner of operation of the Products.

§ 7 GDPR

  1. Pursuant to Art. 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as “GDPR”), the Seller informs that: The Personal Data Controller is: KALAMAS Monika Bończa-Tomaszewska with its registered office in Warsaw, ul. Woziwody 40, 02-908 Warsaw, Poland, NIP: 5271661549.
  2. Detailed information on the processing of personal data can be found in the Privacy Policy of the website.

§ 8 FINAL PROVISIONS

  1. In matters not covered by the regulations, the provisions of Polish law apply, including the Civil Code and the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827) and the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204).
  2. All product names placed on the kalamas.pl Online Store website are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act (Journal of Laws No. 119 of 2003, item 1117).
  3. The Online Store Regulations are made available free of charge, at any time, via a link on the main page of the Online Store and in the Shopping Cart (before concluding the Agreement). It is possible to print them or save them as a file.
  4. The Seller reserves the right to change the regulations. The change does not infringe the rights of persons who placed an order or concluded a sales agreement before the changes to the regulations were made.
  5. The Annex to these Regulations is a statement on withdrawal from a distance agreement.

Warsaw, 01.02.2026.

Annex No. 1

………………………….., …………….

Place, date

KALAMAS

Monika Bończa-Tomaszewska,

ul. Woziwody 40,

02-908 Warsaw

address for returns and complaints:

ul. Woziwody 40

02-908 Warsaw

………………………………………………

First and last name/ Name

………………………………………………

NIP (if applicable)

……………………………………………….

……………………………………………….

Address

Statement on withdrawal from a distance agreement

Pursuant to the Act of May 30, 2014 on consumer rights (Art. 27), I withdraw from the agreement concluded on ……………………. (date) at a distance without giving a reason.

I will return the product(s) in accordance with the provisions of the Regulations.

Please refund the price in the manner in which payment for the Product(s) was made.

………………………

Signature

Annex: proof(s) of purchase*/agreement(s)* (recommended)

In the event of product defects, the Consumer or Entrepreneur with Consumer Rights is entitled to the right to a complaint.

Time to withdraw from the agreement: 14 days. The period should be counted from the receipt of the goods by the consumer.

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