Terms and Conditions of the Online Store

I. General Provisions

1. These Terms and Conditions set out the general terms and conditions, the manner of providing Services by electronic means, and the sale conducted via the Online Store operating at www.enjoygift.pl and its subdomains (hereinafter collectively referred to as the "Online Store"). The Store is operated by Infinity Plus sp. z o.o., entered in the National Court Register by the District Court of Poznan — Nowe Miasto i Wilda in Poznan, 8th Commercial Division, registered at ul. Fabianowo 73, 60-005 Poznan, Poland, Tax ID (NIP) 7831733370, REGON 362998908, KRS 0000583125, share capital: PLN 5,000, hereinafter referred to as the "Seller".
2. These Terms and Conditions apply equally to the main website enjoygift.pl and to all of its subdomains (e.g. name.enjoygift.pl). Each subdomain constitutes a separate store within a single platform, but is subject to the same Terms and Conditions.
3. The Seller may be contacted via:
   • e-mail address: kontakt@enjoygift.pl
   • telephone: +48 508 556 952
   • the contact form available on the Online Store pages.
4. These Terms and Conditions are continuously available on the enjoygift.pl website and on every subdomain, in a manner that enables their retrieval, reproduction and recording by printing or saving to a storage medium at any time.
5. The Seller informs that it operates on a B2B model, i.e. its offer is addressed exclusively to other entrepreneurs. A Tax Identification Number (NIP) is required to place an order.
6. The Seller informs that the use of Services provided by electronic means may be associated with a risk to every Internet user, consisting of the possibility of introducing malicious software into the Customer's IT system and of obtaining and modifying their data by unauthorised persons. To avoid such risks, the Customer should apply appropriate technical measures to minimise their occurrence, in particular antivirus software and a firewall.

II. Definitions

The terms used in these Terms and Conditions shall have the following meanings:

1. Business Days — days from Monday to Friday, excluding public holidays.
2. Customer — an entity making purchases via the Online Store.
3. Entrepreneur with Consumer Rights — a natural person concluding an agreement directly related to their business activity, if the content of such agreement indicates that it is not of a professional nature for that person.
4. Civil Code — the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
5. Account — the Customer's account created on the Online Store platform, providing access to purchased services and products.
6. Entrepreneur — an entrepreneur within the meaning of Article 43¹ of the Civil Code, who is not an Entrepreneur with Consumer Rights.
7. Terms and Conditions — this document.
8. Online Store — the website available at enjoygift.pl and each of its subdomains.
9. Product — a physical item, digital content, service or digital service that is the subject of sale in the Store.
10. Sales Agreement — a contract for the sale of Products within the meaning of the Civil Code, concluded between the Seller and the Customer.
11. Services — services provided by the Seller to Customers by electronic means within the meaning of the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended).
12. Consumer Rights Act — the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, No. 827).
13. Order — a declaration of intent by the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Products.

III. Rules of Using the Online Store

1. Use of the Online Store is possible provided the Customer's IT system meets the following minimum technical requirements:
   • a computer or mobile device with Internet access,
   • access to an e-mail account,
   • an up-to-date web browser (Chrome, Firefox, Edge, Safari, Opera),
   • cookies and JavaScript enabled in the browser.
2. Use of the Online Store means any action by the Customer that leads to them viewing the content available in the Store.
3. The Customer is obliged in particular to:
   • refrain from providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory content or content infringing the personal rights and other rights of third parties,
   • use the Online Store in a manner that does not disrupt its operation, in particular by using specified software or devices,
   • refrain from actions such as sending or posting unsolicited commercial information (spam) within the Online Store,
   • use the Online Store in a manner that is not burdensome to other Customers or to the Seller,
   • use all content posted within the Online Store solely for personal use,
   • use the Online Store in a manner consistent with the laws of the Republic of Poland, the provisions of these Terms and Conditions, and the general rules of Internet use.

IV. Services

1. The Seller enables the use of free-of-charge Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
2. The Account maintenance Service in the Online Store is available upon registration. Registration is carried out by completing and accepting the registration form made available on the Store pages. The agreement for the Account maintenance Service is concluded for an indefinite period and is terminated upon the Customer's request to delete the Account.
3. The Customer may receive commercial information from the Seller in the form of messages sent to the Customer's e-mail address (Newsletter Service). To this end, a valid e-mail address must be provided, or the relevant field must be activated in the registration form or Order form. The Customer may withdraw consent to receive commercial information at any time. The Newsletter Service agreement is concluded for an indefinite period and is terminated upon unsubscribing via the link in the Newsletter message.
4. The Customer may send messages to the Seller via the contact form. The agreement for the contact form Service is concluded for a definite period and is terminated upon sending the message.
5. The Seller reserves the right to organise occasional competitions and promotions, the terms of which will be published on the Store pages in each case. Promotions in the Online Store may not be combined unless the promotion rules state otherwise.
6. In the event of a breach of these Terms and Conditions by the Customer, the Seller, after an ineffective request to cease or remedy the breach with an appropriate deadline, may terminate the Service agreement with 30 days' notice.

V. Procedure for Concluding a Sales Agreement

1. Information about Products published on the Store pages, in particular their descriptions, technical and functional specifications and prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
2. All Products available in the Online Store are brand new and have been legally placed on the Polish market.
3. An active e-mail account is required in order to place an Order.
4. The Seller enables Orders to be placed via the Online Store 24 hours a day, 7 days a week.
5. The Customer may place Orders in the Online Store by telephone during the hours and days indicated on the Store pages.
6. When an Order is placed via the Order form, the Order is submitted to the Seller in electronic form and constitutes an offer to conclude a Sales Agreement for the Products included in the Order. The offer made in electronic form is binding on the Customer if the Seller sends confirmation of acceptance of the Order to the Customer's e-mail address — the Sales Agreement is concluded upon receipt of such confirmation by the Customer.
7. The Sales Agreement is concluded in the Polish language, with content consistent with these Terms and Conditions.

VI. Delivery

1. Delivery of Products ordered via the website is limited to Poland and is carried out to the address specified by the Customer during the Order process.
2. Delivery of Products to other European Union countries is possible upon prior contact with the Seller at +48 508 556 952 or by e-mail: kontakt@enjoygift.pl. We ship to other countries; however, please contact us for an individual shipping quote.
3. Products will be delivered to the Customer via a courier service.
4. The Seller publishes delivery charges on the Store pages. The delivery date should be agreed with the Seller.
5. Delivery and Order fulfilment times are counted in Business Days.
6. The Seller provides the Customer with a receipt or VAT invoice, as chosen by the Customer.
7. If the Products included in an Order have different fulfilment periods, the longest period shall apply to the entire Order.

VII. Prices and Payment Methods

1. Product prices are quoted in Polish zloty or euro, depending on the Customer's choice, and are net prices (excluding VAT).
2. The Customer may choose the following payment methods:
   • bank transfer to the Seller's bank account — Order fulfilment will commence after the Customer has received confirmation of the Order, and the shipment will be dispatched promptly after the funds have been credited to the Seller's bank account and the Order has been assembled;
   • electronic payment — Order fulfilment will commence after the Customer has received confirmation of the Order and after the Seller has received notification that the Customer has made the payment. The payment system is operated by TPay, where the Customer may use BLIK, instant transfers or a payment card.
3. The Seller informs the Customer on the Store pages of the deadline for making payment for the Order. If payment is not made within the deadline, the Seller, after an ineffective demand for payment with an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.

VIII. Right of Withdrawal

1. Since sales are conducted exclusively to other entrepreneurs, a "consumer" within the meaning of this section shall mean an Entrepreneur with Consumer Rights.
2. The Consumer may withdraw from the Agreement without stating a reason by submitting a relevant declaration within 30 days. The declaration must be sent before the expiry of this period.
3. The Consumer may formulate the declaration independently or use the withdrawal form template made available by the Seller on the Store pages.
4. The 30-day period begins on the day the Product was delivered, or — in the case of a Service agreement — on the day the agreement was concluded.
5. Upon receipt of the withdrawal declaration, the Seller will send a confirmation of receipt to the Consumer's e-mail address.
6. The Consumer's right to withdraw from the Agreement is excluded in the case of an agreement:
   • for the provision of services, if the Seller has fully performed the service with the Consumer's express and prior consent, and the Consumer was informed before the commencement of the service that they would lose the right of withdrawal upon its completion,
   • in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control,
   • in which the subject matter is a non-prefabricated Product, manufactured to the Consumer's specifications or serving to satisfy their individualised needs,
   • in which the subject matter is a Product that deteriorates rapidly or has a short shelf life,
   • in which the subject matter is a Product delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery,
   • in which the subject matter consists of Products that, after delivery, become inseparably connected with other items due to their nature,
   • in which the subject matter consists of alcoholic beverages whose price was agreed upon conclusion of the agreement and whose delivery may occur only after 30 days and whose value depends on market fluctuations,
   • in which the Consumer expressly requested that the Seller visit them for the purpose of urgent repair or maintenance,
   • in which the subject matter consists of audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery,
   • for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements,
   • concluded by means of a public auction,
   • for the provision of accommodation services (other than for residential purposes), transport of goods, car rental, catering, services related to leisure, entertainment events,
   • for the delivery of digital content not recorded on a tangible medium, if performance has begun with the Consumer's express consent before the expiry of the withdrawal period and after informing the Consumer of the loss of the right of withdrawal.
7. In the event of withdrawal from a distance agreement, the Agreement is deemed not to have been concluded. What the parties have provided shall be returned in an unchanged condition, unless the change was necessary to ascertain the nature, characteristics and functioning of the Product. The return should be made promptly, no later than within 14 days. The purchased Product should be returned to the Seller's address.
8. The Seller will promptly, no later than within 14 days from receipt of the withdrawal declaration, refund all payments made by the Consumer, including the costs of delivering the Product. The Seller will make the refund using the same method of payment as was used by the Consumer, unless the Consumer agrees to a different refund method. The Seller may withhold the refund until the Product has been returned or proof of its dispatch has been provided.
9. If the Consumer chose a method of delivery other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
10. The Consumer bears only the direct cost of returning the Product, unless the Seller has agreed to bear that cost.

IX. Product Complaints

1. The Seller undertakes to deliver Products free from defects.
2. The Seller informs that slight colour variations of physical products compared to photographs may occur due to technical factors associated with display on the User's device. Each complaint will be reviewed individually taking all circumstances into account.
3. The Seller shall be liable to the Customer who is a consumer under the statutory warranty for defects in accordance with the generally applicable provisions of law, in particular the Consumer Rights Act and the Civil Code. With respect to Customers who are Entrepreneurs other than Entrepreneurs with Consumer Rights, the statutory warranty is fully excluded to the extent permitted by law.
4. Since sales are conducted exclusively to other entrepreneurs, a "consumer" within the meaning of this section shall mean an Entrepreneur with Consumer Rights.
5. Complaints should be directed to:
   Infinity Plus sp. z o.o.
   ul. Fabianowo 73, 60-005 Poznan, Poland
   e-mail: kontakt@enjoygift.pl
   tel.: +48 508 556 952
6. The Seller undertakes to process each complaint within 14 days of receipt of the returned Product.
7. If the complaint is incomplete, the Seller will request the Customer to supplement it within the necessary scope, no later than 7 days from receipt of the request.
8. A Product is deemed to conform with the agreement when its description, type, quantity, quality, completeness and functionality conform with the agreement.
9. If a Product does not conform with the agreement, the Consumer may demand its repair or replacement, and in cases specified by law, may submit a declaration of price reduction or withdrawal from the agreement.
10. The Consumer is obliged to make the Product subject to repair or replacement available to the Seller. The Seller is obliged to collect the Product from the Consumer at the Seller's expense.
11. If a declaration of price reduction is submitted, the Seller will refund the difference promptly, no later than within 14 days of receipt of the declaration.
12. If a declaration of withdrawal from the agreement is submitted, the Seller will refund the price promptly, no later than within 14 days of receipt of the Product or proof of its dispatch.
13. The Seller is liable for a lack of conformity of the Product with the agreement existing at the time of delivery and revealed within two years of delivery. It is presumed that a lack of conformity revealed within two years of delivery existed at the time of delivery.
14. The Seller shall carry out the repair or replacement within a reasonable time from the moment the Consumer informed the Seller of the lack of conformity, and without undue inconvenience to the Consumer. The costs of repair or replacement are borne by the Seller.
15. The Consumer may not withdraw from the agreement if the lack of conformity of the Product with the agreement is minor. It is presumed that the lack of conformity is significant.
16. The Seller complies with the provisions of Chapter 5b of the Consumer Rights Act with regard to agreements for the supply of digital content or a digital service.

X. Provisions Concerning Entrepreneurs

1. The provisions of this section apply to Entrepreneurs, and also to Entrepreneurs with Consumer Rights to the extent that this is not contrary to the generally applicable provisions of law.
2. The parties fully exclude liability under the statutory warranty for defects.
3. The Seller may terminate the agreement for the provision of electronic services in terms of maintaining the Customer's Account with immediate effect and without stating reasons.
4. The Seller has the right to withdraw from the agreement without stating reasons within 14 days of its conclusion, by sending the Entrepreneur a relevant declaration.
5. The Customer is obliged to inspect the shipment in the time and manner customary for the given type of shipment and should promptly take steps to establish the carrier's liability. The Seller shall not be liable for the loss, reduction, damage to the Product or delay in shipment arising from the time of acceptance for carriage until delivery to the Entrepreneur.
6. The Seller informs that slight colour variations of physical products compared to photographs may occur. Any variation arising from the aforementioned circumstances shall not constitute grounds for the Seller's liability.
7. The Seller has the right to limit available payment methods and to require the Entrepreneur to make full or partial prepayment.
8. The Seller's total liability towards the Customer arising from non-performance or improper performance of the agreement is limited to the price paid for the Product and the delivery costs.
9. Since the Customer is not a consumer, they are not entitled to the right of withdrawal from a distance agreement, nor to claims under product non-conformity provisions of the Consumer Rights Act.
10. The court competent to resolve disputes between the Seller and the Entrepreneur is the court having jurisdiction over the Seller's registered office.

XI. Complaints Regarding Electronic Services

1. The Customer may submit complaints to the Seller concerning the operation of the Store and the use of Services. Complaints may be submitted in writing to:
   Infinity Plus sp. z o.o.
   ul. Fabianowo 73, 60-005 Poznan, Poland
   e-mail: kontakt@enjoygift.pl
   tel.: +48 508 556 952
2. In the complaint, the Customer should provide their name and surname, correspondence address, and the type and description of the problem.
3. The Seller undertakes to process each complaint within 14 days, or, if this is not possible, to inform the Customer within this period when the complaint will be resolved. If the complaint is incomplete, the Seller will request the Customer to supplement it within 7 days.

XII. Warranties

1. Products may be covered by a manufacturer's warranty.
2. Where Products are covered by a warranty, information concerning its existence, content and duration is presented in each case in the Product description on the product pages of the Store.

XIII. Personal Data Protection

1. Personal data provided by Customers is collected and processed by the Seller in accordance with the applicable provisions of law and the Privacy Policy available on the Store pages.

XIV. Final Provisions

1. All rights to the Online Store, including economic copyrights, intellectual property rights to its name, Internet domain, website, forms and logotypes, belong to the Seller, and their use may only take place in a manner consistent with these Terms and Conditions.
2. Any disputes arising between the Seller and a Customer who is a Consumer shall be submitted to the courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure.
3. Any disputes arising between the Seller and a Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.
4. Matters not regulated by these Terms and Conditions shall be governed by the provisions of the Civil Code, the Act on the Provision of Services by Electronic Means, the Consumer Rights Act, and other applicable provisions of Polish law.
5. Every Customer will be informed of any changes to these Terms and Conditions by means of information on the Store's main page containing a summary of changes and their effective date. Customers who hold an Account will also be notified of changes at the e-mail address provided. The effective date of changes shall be no earlier than 14 days from the date of their announcement. Notification to the Seller of non-acceptance of the new Terms and Conditions results in termination of the Agreement.