Last updated: 18.09.2026
1. General information
- These Terms and Conditions set out the rules for using the website and online shop available at https://czekoladkinaokazje.pl, including the rules for placing orders, concluding sales contracts, payment, delivery, withdrawal from the contract and submitting complaints.
- The owner and administrator of the website and the Seller is: BARS Halina Kalemba
ul. Zielona 3
64-140 Włoszakowice
Tax ID (NIP): 698 108 44 87, hereinafter: the „Seller”. - The Seller can be contacted via the contact form and at info@czekoladkinaokazje.pl.
- The Terms and Conditions are made available free of charge on the website in a way that allows them to be obtained, reproduced and recorded.
- Before placing an order, the Customer should read these Terms and Conditions.
- Using the website and placing an order means accepting the Terms and Conditions to the extent necessary to fulfil the order.
2. Definitions
- Customer — a natural person, legal person or organisational unit with legal capacity that uses the website or places an order in the Shop.
- Consumer — a natural person who performs a legal transaction with the Seller that is not directly related to their business or professional activity.
- Entrepreneur with consumer rights — a natural person concluding a contract directly related to their business activity, where the content of the contract shows that it is not of a professional nature for that person, in particular as follows from the subject of their business activity disclosed in the CEIDG (Polish business register).
- Shop — the online shop operated by the Seller at https://czekoladkinaokazje.pl.
- Goods — a product offered by the Seller in the Shop, in particular chocolate, chocolates, gift sets and food products.
- Personalised product — Goods prepared according to the Customer's individual specifications, in particular containing chosen text, a name, dedication, graphics, logo, photo, individual packaging, decoration or another element made to the Customer's order.
- Order — the Customer's declaration of intent submitted via the Shop, aimed directly at concluding a contract for the sale of Goods with the Seller.
- Sales contract — a distance contract for the sale of Goods concluded between the Customer and the Seller via the Shop.
- Terms and conditions — these online shop terms and conditions.
3. Technical requirements
- To use the Shop, the following are required:
- a device with internet access;
- an up-to-date web browser supporting cookies and JavaScript;
- an active e-mail address;
- the ability to use electronic payments — if the Customer chooses this payment method.
- The Seller makes every effort to ensure the Shop works properly. For technical, security, maintenance or update reasons, access to all or part of the Shop may be temporarily restricted.
- Temporary unavailability of the website does not affect the Customer's rights under concluded Sales contracts or the obligation to fulfil accepted Orders.
4. Rules for using the Shop
- The Customer undertakes to use the Shop in accordance with the law, good practice, social norms and these Terms and Conditions.
- It is prohibited to take actions that could disrupt the operation of the Shop, in particular:
- providing unlawful content;
- sending malicious software;
- attempting to gain unauthorised access to the Seller's systems;
- using the Shop in a way that disrupts its operation;
- automated or bulk downloading of data from the website without the Seller's consent;
- using data from the Shop for unsolicited marketing.
- The Seller may restrict or block access to the Shop for a user who violates applicable law, these Terms and Conditions or the website's security rules.
5. Products, prices and information
- Information presented in the Shop, including descriptions, photos, ingredients, weight, price and availability of Goods, constitutes an invitation to conclude a contract within the meaning of civil law.
- Prices of Goods are given in Polish zloty (PLN) and are gross prices, unless clearly stated otherwise for a given product.
- Delivery costs are shown to the Customer before the Order is placed.
- Product photos are for illustrative purposes. Due to handmade production, individual decorations, production batches and device screen settings, the appearance of the Goods, in particular their colours, decoration or arrangement of elements, may differ slightly from the presentation on the website, without affecting the essential features and quality of the Goods.
- Ingredients, allergens, nutritional values, storage conditions and best-before date are given in the product description, on the label or in another manner compliant with applicable law.
- Before purchasing, the Customer should read the information on ingredients and allergens. In the case of allergies, food intolerances or other special health requirements, the Customer should always check the product's ingredients before consumption.
- The Seller reserves the right to change prices, availability and descriptions of Goods. Such changes do not affect Orders placed and confirmed before they were introduced.
6. Placing orders
- Orders can be placed through the Shop 24 hours a day, except during technical breaks, maintenance or failures.
- To place an Order, the Customer should:
- select the Goods and add them to the basket;
- go to the Order form;
- provide the details necessary to fulfil the Order;
- choose the delivery and payment method;
- review the Order summary;
- accept the Terms and Conditions;
- click the button confirming the Order with an obligation to pay.
- Placing an Order by the Customer constitutes an offer to conclude a Sales contract for the Goods covered by the Order.
- After placing an Order, the Customer receives an automatic confirmation of receipt of the Order at the e-mail address provided.
- The Sales contract is concluded when the Customer receives confirmation that the Order has been accepted for fulfilment, sent by the Seller electronically.
- If the Order cannot be fulfilled, in particular due to lack of Goods, a pricing error, a technical error, inability to contact the Customer or inability to carry out the personalisation, the Seller will inform the Customer without undue delay. If payment was made in advance, the Seller will refund the funds received immediately, no later than within the time limit set by applicable law.
- For Personalised products, the Seller may contact the Customer to clarify the text, design, graphics, colours, lead time or other elements of the Order. The lead time may start once all information and materials necessary to fulfil the Order have been received.
7. Payments
- The available payment methods are presented to the Customer in the Shop before the Order is placed.
- The Customer is obliged to make payment within the time limit and on the terms indicated when placing the Order.
- If payment in advance is chosen, the Seller may start fulfilling the Order once the payment has been received.
- If payment is not made within the required time, the Seller may cancel the Order after first calling on the Customer to pay, if the payment method or the circumstances of the Order so require.
- For each Order, the Seller issues a sales document in accordance with applicable law. If the Customer wishes to receive an invoice, they should provide the details necessary to issue it when placing the Order.
8. Delivery and order fulfilment
- Goods are delivered within Poland, unless the Shop clearly indicates that delivery to other countries is possible.
- The available delivery methods, costs and estimated delivery times are shown to the Customer before the Order is placed.
- The Order lead time may depend on the type of Goods, availability, the number of products ordered, the delivery method, the date the payment is received and the need for personalisation.
- For Personalised products, the estimated lead time may be longer than for standard Goods. Information about this should be provided with the product, in the basket or in individual arrangements with the Customer.
- The Customer should check the parcel on delivery. If the packaging is visibly damaged, it is advisable to draw up a damage report with the carrier or take photos. The absence of a report does not deprive the Customer of the right to submit a complaint.
- If the parcel is not collected, the Customer may be charged the cost of re-sending it, provided the parties agree to re-send the Order.
9. Right of withdrawal
9.1 Right of withdrawal
- A Consumer and an Entrepreneur with consumer rights have the right to withdraw from a distance Sales contract within 14 days without giving any reason.
- The withdrawal period expires 14 days after the day on which the Consumer, or a third party other than the carrier indicated by them, takes possession of the Goods. For an Order covering multiple Goods delivered separately, the period runs from the day of taking possession of the last item, batch or piece.
- To exercise the right of withdrawal, the Seller must be informed of the decision to withdraw from the Sales contract by an unequivocal statement.
- The withdrawal statement can be submitted via the contract withdrawal form or contact form.
- You may use the model withdrawal form, but it is not obligatory.
- To meet the withdrawal deadline, it is sufficient to send the statement before the period expires.
9.2 Effects of withdrawal
- If the withdrawal from the Sales contract is effective, the Seller will refund to the Consumer all payments received, including the cost of delivering the Goods, except for additional costs resulting from the Consumer choosing a delivery method other than the cheapest standard delivery offered by the Seller.
- The refund will be made immediately, no later than 14 days from the day the withdrawal statement is received.
- The Seller may withhold the refund until the returned Goods have been received or the Consumer has supplied proof of having sent them back, whichever is earlier.
- The refund is made using the same payment method that the Consumer used when placing the Order, unless the Consumer has expressly agreed to another refund method. The Consumer does not bear any costs of the refund.
- The Consumer should send the Goods back to the address: BARS Halina Kalemba
ul. Zielona 3
64-140 Włoszakowice, Poland, immediately and no later than 14 days from the day the statement of withdrawal from the Sales contract was submitted. - The direct cost of returning the Goods is borne by the Consumer, unless the Seller expressly agrees otherwise.
- The Consumer is liable only for any diminished value of the Goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning.
9.3 Exceptions to the right of withdrawal
- The right of withdrawal from the Sales contract does not apply in the cases specified by applicable law.
- In particular, the right of withdrawal does not apply to contracts for:
- Goods that are liable to deteriorate rapidly or have a short shelf life;
- Goods made to the Consumer's specifications or clearly personalised to meet their individual needs, in particular a Personalised product;
- Goods supplied in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging has been opened after delivery;
- Goods which, after delivery, are by their nature inseparably mixed with other items.
- Information about the restriction or absence of the right of withdrawal will be provided to the Customer before the Order is placed, if it applies to the given Goods.
- The fact that the Goods are a food product does not in itself exclude the right of withdrawal. The exception may apply only if the specific Goods meet the conditions set out in applicable law, e.g. they are a Personalised product or have a short shelf life.
10. Complaints and conformity of goods with the contract
- The Seller is liable to the Consumer and the Entrepreneur with consumer rights for any lack of conformity of the Goods with the contract on the terms set out in applicable law.
- A complaint can be submitted via the contact form or in writing to the Seller's address: BARS Halina Kalemba
ul. Zielona 3
64-140 Włoszakowice - In the complaint, it is advisable to provide:
- the Customer's name or company name;
- contact details;
- the Order number or other way of identifying the purchase;
- a description of the problem and the date it was noticed;
- the Customer's request;
- photos of the Goods or packaging, if they can help with handling the complaint.
- The absence of any of the above information does not prevent a complaint from being submitted. The Seller may ask the Customer to supplement it if necessary to process the complaint.
- The Seller will respond to the complaint within the time limit provided by applicable law, in particular within 14 days of receiving it, where the law provides for such a time limit.
- If the complaint is accepted, the Seller will take action in accordance with applicable law, including, depending on the situation, replacing the Goods, repairing them, reducing the price or refunding the money.
- Before sending back the Goods subject to the complaint, the Customer should contact the Seller to agree on how to proceed. This does not limit the Customer's right to submit a complaint.
11. Personalised products and customer materials
- A Customer ordering a Personalised product is obliged to provide correct, complete and legible information necessary to fulfil the Order, in particular the dedication text, design details, graphics, logo or other personalisation elements.
- The Seller is not liable for errors in the text, graphics, data or design provided or approved by the Customer, unless the error was caused by the Seller.
- If fulfilling the Order requires the Customer to provide materials, in particular logos, photos, texts, graphics or designs, the Customer declares that they hold the rights necessary to use them for the purpose of fulfilling the Order.
- The Customer is responsible for ensuring that the materials provided comply with the law, in particular that they do not infringe copyright, trademark rights, personal rights or other third-party rights.
- By providing materials, the Customer grants the Seller a non-exclusive, free-of-charge authorisation to use them solely to the extent necessary to prepare and fulfil the Order.
- The Seller does not use materials provided by the Customer for promotional, advertising or other purposes unrelated to fulfilling the Order without the Customer's prior consent.
- For Personalised products, the right of withdrawal may not apply if the product was made to the Customer's specifications or to meet their individual needs.
12. Newsletter
- If a user subscribes to the newsletter, they consent to receiving commercial and marketing information, as well as information about the Seller's products, promotions and activities, by electronic means, in accordance with the rules described in the Privacy Policy.
- The user can unsubscribe from the newsletter at any time by using the unsubscribe link included in every newsletter message or by contacting the Seller via the contact form.
- Unsubscribing from the newsletter does not affect the ability to use the Shop or the fulfilment of previously placed Orders.
13. Intellectual property
- All rights to the website, its layout, graphic elements, texts, photos, trademarks, materials and other content published by the Seller belong to the Seller or to entities that have granted the Seller appropriate licences.
- Content available on the website is protected by copyright and other intellectual property laws.
- Without the Seller's prior consent, it is prohibited to copy, distribute, publish, modify or use content from the website for purposes beyond the permitted use provided for by law.
- The above does not limit the right to quote or other user rights arising from mandatory provisions of law.
14. Privacy and cookies
- The rules for processing personal data are described in the Privacy Policy.
- Information about cookies can be found in the Cookie Policy.
15. Links to third-party websites
- The website may contain links to websites operated by third parties.
- The Seller is not responsible for the content, operation, availability, privacy policy or rules applicable on third-party websites.
- Links to external websites are used on the terms set by their owners or operators.
16. User responsibility
- A user of the website undertakes to use it in accordance with the law, good practice and these Terms and Conditions.
- The user is liable for damage caused to the Seller or third parties as a result of unlawful use of the website, in particular by sending unlawful content, attempting to disrupt the service, circumventing security measures or infringing intellectual property rights.
- The provisions of this section do not limit the rights of a Consumer or an Entrepreneur with consumer rights arising from mandatory provisions of law.
17. Force majeure
- Neither party is liable for non-performance or improper performance of obligations under the Sales contract if it is caused by force majeure.
- Force majeure means an external event that is unforeseeable and beyond the reasonable control of a party, in particular natural disasters, fires, floods, epidemics, acts of war, strikes, power outages, failures of IT systems or transport restrictions.
- This provision does not apply to the obligation to refund payments, where such an obligation arises from the law.
18. Changes to the Terms and Conditions
- The Seller may change the Terms and Conditions for important reasons, in particular in the event of:
- changes to applicable law;
- changes to the available payment or delivery methods;
- changes to the Shop's functionality, the way Orders are placed or the way electronic services are provided;
- the introduction of new Goods, services, promotions or technical solutions;
- the need to adapt the Terms and Conditions to decisions of public authorities, court rulings or organisational changes on the Seller's side;
- correcting errors, ambiguities or obvious mistakes in the Terms and Conditions.
- A change to the Terms and Conditions does not affect Orders placed and accepted for fulfilment before the amended Terms and Conditions come into force. Such Orders are governed by the Terms and Conditions in force when the Order was placed.
- Information about the change to the Terms and Conditions and their new content will be published on the Shop's website.
- The amended Terms and Conditions come into force no earlier than 14 days after their publication, unless the change results directly from applicable law or is favourable to Consumers.
- The Customer can download the current version of the Terms and Conditions from the Shop's website. To obtain an earlier version of the Terms and Conditions, please contact the Seller via the contact form.
19. Final provisions
- These Terms and Conditions are governed by Polish law.
- In matters not covered by these Terms and Conditions, the applicable provisions of Polish law apply, in particular the Civil Code and consumer rights legislation.
- For Consumers, the choice of Polish law does not deprive them of the protection afforded to them by provisions that cannot be excluded by contract.
- Any disputes with a Consumer will be settled by the competent court in accordance with applicable law.
- Any disputes with a Customer who is neither a Consumer nor an Entrepreneur with consumer rights will be settled by the court having jurisdiction over the Seller's registered office, unless mandatory provisions of law provide otherwise.
- If any provision of these Terms and Conditions proves invalid or ineffective, this does not affect the validity of the remaining provisions.