Terms and Conditions

1. GENERAL PROVISIONS

1. Online Shop: www.indianka.co, operating at: www.indianka.co, is run by: Indianka Diana Ahudża, with registered address at: ul. Fromborska 9/III/2, Elbląg, 82-300, NIP: 57831570672. These Terms and Conditions define the rules for making purchases in the online shop: www.indianka.co, and in particular the rules and procedures for concluding remote sales contracts through the Shop, as well as the complaint procedure and the procedure for the Consumer to withdraw from the contract.
2. With regard to electronic services, these Terms and Conditions constitute the regulations referred to in Article 9 of the Act on the Provision of Electronic Services of July 18, 2002 (i.e. Journal of Laws of 2024, item 1513, as amended).
3. These Terms and Conditions are addressed to all Shop Customers. All Customers are obliged to familiarize themselves with the provisions of the Terms and Conditions before making a purchase.
4. Each Customer is obliged to comply with the provisions of these Terms and Conditions. Sales are conducted according to the version of the Terms and Conditions in effect at the time the order is placed.
5. Each Customer has the opportunity to familiarize themselves with the Terms and Conditions at any time by clicking on the Shop website: www.indianka.co the hyperlink: "Terms and Conditions". The Terms and Conditions can be downloaded and printed at any time.
6. All information contained on the Shop website: www.indianka.co, relating to products (including prices), does not constitute an offer within the meaning of Article 66 of the Act of April 23, 1964, Civil Code (i.e. Journal of Laws of 2024, item 1061, as amended), but an invitation to conclude a contract, within the meaning of Article 71 of the Act of April 23, 1964, Civil Code (i.e. Journal of Laws of 2024, item 1061, as amended). The Customer, by sending the Order Form, makes an offer to purchase and deliver the indicated Goods or the indicated Service, at the price and on the terms specified in the description.

2. DEFINITIONS

Terms and Conditions - this set of regulations organizing the rules for the use of the Shop's Services by Customers.

Consumer - a natural person concluding a Contract through the Shop, not directly related to their business or professional activity.

Entrepreneur with Consumer Rights - a natural person concluding a civil law contract through the Shop, directly related to their business activity, when it appears from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject matter of the business activity performed by them, disclosed on the basis of the provisions on the Central Registration and Information on Economic Activity. For the purposes of these Terms and Conditions, if the distinction between the two aforementioned groups is not made, the Terms and Conditions apply to both Consumers and Entrepreneurs with Consumer Rights.

Customer - a natural person (including a Consumer) who has reached at least 13 years of age (provided they have obtained the consent of their legal representative), a legal person, and an organizational unit that is not a legal person, to which special provisions grant legal capacity, which uses the Services provided by the Shop.

Order Form - a Service available on the Shop website, through which a Customer can make a purchase, in particular by adding Goods, Services or digital services to the Cart and determining certain terms of the Sales Contract, including the method of delivery and payment.

Cart - an element of the Shop where the Goods or Services selected by the Customer are visible and where the Customer has the opportunity to set and modify the Order data, including the quantity of purchased Products.

Shop - an online trading platform belonging to the Seller, available at the domain: www.indianka.co, through which a Customer can purchase Goods or Services from the Seller.

Seller - Indianka Diana Ahudża, with registered address at: ul. Fromborska 9/III/2, Elbląg, 82-300, NIP: 5783157067, who, conducting a business or professional activity, proposes sales through their website.

Goods - a movable thing, being the subject of commerce between the Shop and the Customer, the conditions of sale of which are determined by the Order Form.

Goods with Digital Elements - goods containing digital content or a digital service or connected with them in such a way that the absence of digital content or digital service would prevent its proper functioning.

Service - economic activity of a non-production nature, provided without the simultaneous presence of the Seller and the Customer (at a distance), through the transmission of data at the individual request of the Customer, sent and received using devices for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 12, 2024 - Electronic Communications Law (Journal of Laws of 2024, item 1221, as amended).

Digital Service - a service allowing the Consumer to create, process, store or access data in digital form; shared use of digital data that has been transmitted or created by the Consumer or other users of this service or other forms of interaction through digital data, such as video and audio content exchange services and other online file storage services, text editing or games offered in the cloud, cloud data storage services, email, social media and cloud-based applications.

Product - any goods or service, including real estate, digital services and digital content, as well as rights and obligations.

Digital Environment - computer hardware, software and network connections used by the Consumer to access or use digital content or digital services.

Integration - the connection of digital content or digital service with elements of the Consumer's digital environment and the inclusion of them in these elements to ensure compliance with the contract for the supply of digital content or digital service.

Compatibility - the interoperability of digital content, digital service, or goods with computer hardware or software that is typically used to use digital content, digital service, or goods of the same kind, without the need for their transformation.

Functionality - the ability of digital content, digital service or goods to perform their functions taking into account their intended purpose.

Interoperability - the ability of digital content, digital service or goods to interoperate with computer hardware or software other than those typically used to use digital content, digital service or goods of the same kind.

Online Trading Platform - a service using software, including a website, part of a website or an application, operated by an entrepreneur or on their behalf, through which Consumers are enabled to conclude remote contracts with other entrepreneurs or for natural persons who are not entrepreneurs to conclude remote contracts with other natural persons who are not entrepreneurs.

Online Trading Platform Provider - an entrepreneur who operates an online trading platform, provides the online trading platform to entities, or enables the use of this platform.

Contract - a contract for the sale of Goods, Services or digital services at a distance, concluded by the Customer through the Shop, usually through the Order Form.

3. ACCEPTANCE AND EXECUTION OF ORDERS

1. The condition for using the Shop is to familiarize yourself with these Terms and Conditions and accept them. By placing an order, the Customer accepts the content of these Terms and Conditions.
2. The main parameters determining the placement of offers presented to the Consumer as a result of a search, also presented in direct connection with the given offer, in a visible manner, are as follows: The Shop does not use automated personalization mechanisms or algorithms affecting the order of product display. Products are presented according to categories, date of addition to the shop or manual selection by the seller.
3. The Shop marks sponsored offers and paid advertisements. This information is presented in direct connection with the given search result, in a visible manner that stands out from the general interface.
4. The price stated in the order constitutes the total amount that the Customer is obliged to pay, including applicable tax (gross price). The cost of delivery is not included in the price, as it depends on the method of delivery chosen by the Customer.
5. If the Consumer is obliged to pay an amount exceeding the agreed price, described in the previous paragraph, the Shop will immediately inform the Consumer of this fact, explaining the reason for the price difference. The Consumer will be charged with additional costs only after obtaining the Consumer's explicit consent.
6. The Seller reserves the right to change prices in the Shop, introduce new Products for sale, conduct and withdraw promotional campaigns, or make changes to them, in accordance with applicable law.
7. If a promotion is introduced, the Shop informs Customers of the lowest Product price from the last 30 days. If the Product has been on sale for less than 30 days, the price before the promotion is the lowest price since the Product was introduced to the Shop. This information is presented next to the promotional price of the Product.
8. Customer orders are accepted via the sent Order Form, made through the website: www.indianka.co or by email to: indi@indianka.co, 7 days a week, 24 hours a day.
9. A Product order is made by selecting the Goods, Service or digital service in which the Customer is interested, clicking the "ADD TO CART" button found in the Product description, and then, from the "CART" level found in the Shop tab, filling in the Order Form, including selecting a form of delivery and payment or selecting the payment on delivery option, if available for the selected Product, and then clicking order confirmation.
10. Entrepreneurs with Consumer Rights should indicate, at the time of placing the Product order, that the purchase does not have a professional character for them.
11. After placing an order, the Customer receives confirmation of the placed order at their email address provided in the Order Form.
12. After the Customer receives confirmation of acceptance of the offer, the Seller begins the process of executing the order, whereby:a) in case of placing a payment order on delivery - it starts at the latest the next business day after its confirmation by the Seller.b) in case of placing an order paid by traditional bank transfer - it starts after the payment for the placed order is posted to the Shop's bank account.
13. Orders placed in the Shop are executed during the Shop's business hours (on business days, Monday to Friday, from: 10:00 to: 18:00. Orders placed on business days after 18:00, on Saturdays, Sundays or holidays, will be considered the next business day.
14. The Customer will receive a message about the acceptance of the order for execution, which is understood as the Seller's statement accepting the offer. From the moment it is received by the Customer, a Sales Contract is concluded.
15. A VAT receipt is issued for each order. At the Customer's request, a VAT invoice will also be issued and sent to the Customer (Article 106b paragraph 3 of the Act of March 11, 2004 on Goods and Services Tax, i.e. Journal of Laws of 2023, item 1570, as amended).
16. The available means of communication between the Customer and the Shop are:a) Email - indi@indianka.cob) Phone - 509323330c) Address for contract withdrawal: ul. Fromborska 9/III/2, Elbląg, 82-300.
17. Any opinions or recommendations prepared for the Seller's paid order will be marked in the Shop as sponsored opinions or recommendations.

4. DELIVERY AND TRANSPORT COSTS

1. The execution of order shipment in the Shop takes place through:
   • parcel locker
   • courier
2. Orders placed in the Shop are executed only on business days. Orders placed on Saturdays, Sundays and holidays will be executed on the nearest business day.
3. The waiting time for the shipment is usually: up to 5 business days. The waiting time includes the time to process the order, i.e., the compilation of Products for the order and the expected delivery time, which is from 24 hours, in the case of Poland.
4. The Seller is not responsible for delays resulting from the fault of the carrier.
5. When receiving a shipment delivered by a courier, the Customer should carefully check the contents and completeness of the shipment, the condition of the external packaging and the condition of the ordered Product in the courier's presence. In case of shipment damage, the Customer should prepare a damage report with the courier in two identical copies signed by the Customer and the courier.
6. There is a possibility of personal collection of the ordered Product in the physical Shop, at the address: ul. Fromborska 9/III/2, Elbląg, 82-300.

5. PAYMENT EXECUTION

1. Within the functioning of the Shop, the following payment methods are available:
   1. cash on delivery – when receiving the shipment;
   2. by bank transfer - 69102017520000020203062270;
2. Detailed rules and conditions for making payments via banks or other available services are determined by the appropriate regulations of the respective banks and services.
3. A Customer who has chosen the bank transfer payment option is obliged to pay for the placed order within five (5) business days from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is removed from the system. In the payment title, it is sufficient to provide only the order number. It is possible to extend the payment deadline by previously informing the Shop support: indi@indianka.co (email) 509323330 (tel), ul. Fromborska 9/III/2, Elbląg, 82-300 (address).

6. COMPLAINT

1. The Seller is responsible for non-compliance of the Product with the Contract. To contracts obligating the transfer of ownership of Goods to the Consumer, including in particular sales contracts, delivery contracts and contracts for work being Goods, the provisions of the Act of April 23, 1964, Civil Code (i.e. Journal of Laws of 2023, item 1610, as amended) relating to warranty for defects do not apply.
2. The Seller is responsible for non-compliance of the Product with the Contract, which non-compliance exists at the time of its delivery and is revealed within two (2) years from that time, unless the term of usefulness of the Product, determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that non-compliance of the Product with the Contract, which was revealed before the expiration of two (2) years from the date of its delivery, existed at the time of its delivery, unless proven otherwise or this presumption cannot be reconciled with the specific nature of the Product or the nature of the non-compliance of the Product with the Contract.
3. If the Product is non-compliant with the Contract, the Consumer may demand its repair or replacement. The Seller may make a replacement when the Consumer demands repair, or the Seller may make repair when the Consumer demands replacement, if bringing the Product into compliance with the Contract, in the manner chosen by the Consumer, is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the Product into compliance with the Contract.
4. The Seller performs the repair or replacement within a reasonable time from when the Consumer informed them of the non-compliance with the Contract, and without excessive inconvenience to the Consumer, taking into account the specifics of the Product and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller. For this purpose, the Consumer will provide the Seller with the Product to be repaired or replaced. The Seller collects the Product from the Consumer at its own cost. If the Product was installed before the non-compliance with the Contract was revealed, the Seller disassembles the Product and reassembles it after repair or replacement or commissions these activities at its own cost.
5. If the Product is non-compliant with the Contract, the Consumer may submit a statement reducing the price or withdraw from the Contract, when:a) the Seller refused to bring the Product into compliance with the Contract;b) the Seller did not bring the Product into compliance with the Contract;c) the non-compliance of the Product with the Contract continues despite the Seller attempting to bring the Product into compliance with the Contract;d) the non-compliance of the Product with the Contract is so material that it justifies reducing the price or withdrawing from the Contract without first demanding its repair or replacement;e) the Seller's statement or circumstances clearly indicate that they will not bring the Product into compliance with the Contract within a reasonable time or without excessive inconvenience to the Consumer.
6. The reduced price must remain in such proportion to the price resulting from the Contract as the value of the Product non-compliant with the Contract remains to the value of the product compliant with the Contract. The Seller returns to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within fourteen (14) days from the day of receiving the Consumer's statement about the price reduction.
7. The Consumer cannot withdraw from the Contract if the non-compliance of the Product with the Contract is immaterial. It is presumed that non-compliance of the Product with the Contract is material.
8. In case of withdrawal from the Contract, the Consumer immediately returns the Product to the Seller at its cost. The Seller returns the price to the Consumer immediately, no later than within fourteen (14) days from the day of receiving the Product or evidence of its return, using the same payment method used by the Consumer, unless the Consumer expressly agreed to another method of return that does not incur any costs for them.
9. Complaints regarding Products can be submitted:a) in writing, to the Seller's registered address: ul. Fromborska 9/III/2, Elbląg, 82-300;b) by email, to the email address: indi@indianka.co
10. The complaint should include:a) data of the person submitting the complaint (name and surname, mailing address, email address and contact phone number);b) indication of the reason for the complaint and the content of the claim;c) the Order number shown in the Order acceptance confirmation;d) the original or copy of proof of purchase (e.g., receipt or invoice) may facilitate the submission of a complaint, but is not required to submit it.
11. The above provisions do not exclude the possibility of the Seller providing a warranty for purchased Products, which is provided by a separate warranty regulation.

7. RIGHT TO WITHDRAW

1. In accordance with the Act of May 30, 2014 on Consumer Rights (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from a Contract concerning Products purchased in the Shop without giving any reason by submitting a written statement within fourteen (14) days, counting from the day of delivery of the Goods (i.e. from the day the Goods were received by the Consumer), receipt of the Service, content or digital service. This deadline is considered met if the Consumer sends a statement before its expiration.
2. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. A sample of the statement is attached as Appendix No. 1 to these Terms and Conditions.
3. The statement of withdrawal from the Contract should be sent to the address: ul. Fromborska 9/III/2, Elbląg, 82-300.
4. The Consumer will return the Goods to the Seller within fourteen (14) days from the day on which they withdrew from the Contract. To meet the deadline, it is sufficient to return the Goods before its expiration.
5. The Consumer bears only the direct costs of returning the Goods.
6. The return of Goods should be made to the Seller's address: ul. Fromborska 9/III/2, Elbląg, 82-300.
7. The Seller, within fourteen (14) days from the day of receiving the statement of withdrawal from the Contract, will return all payments made by the Consumer to them, including the cost of delivering the Goods, provided that the refund will not take place until the Goods are received back or the Consumer provides evidence of its return.
8. If the Consumer chose a method of delivery of the Goods other than the cheapest delivery method offered by the Seller, the Seller is not obliged to refund to the Consumer the additional costs incurred by them.
9. The Seller will make the refund using the same payment method used by the Consumer.
10. The Consumer is responsible for the decrease in the value of the Product resulting from its use in a manner exceeding what is necessary to determine the nature, characteristics and functioning of the Product.
11. The right to withdraw from the Sales Contract does not apply to the Consumer with respect to the Contract:a) in which the subject matter of the performance is Goods not prefabricated, produced according to the Consumer's specifications or to meet their individualized needs;b) in which the subject matter of the performance is Goods that are perishable or have a short shelf life;c) in which the subject matter of the performance is alcoholic beverages, the price of which was agreed upon when concluding the Contract, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control;d) in which the subject matter of the performance is Goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging was opened after delivery;e) in which the subject matter of the performance are Goods which, after delivery, due to their nature, become inseparably connected with other goods;f) in which the subject matter of the performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;g) on the supply of newspapers, periodicals or magazines, except for a subscription contract;h) in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not have control and which may occur before the deadline for withdrawal from the Contract;i) on the supply of Goods with digital elements, digital services or digital content, not delivered on a material medium, for which the Consumer is obliged to pay a price, if the Seller began providing the service with the express and prior consent of the Consumer, who was informed before the provision began that after the Seller fulfills the service they will lose the right to withdraw from the Contract, and accepted this, and the Seller provided them confirmation;j) concluded at a public auction;k) on the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sporting or cultural events, if the Contract specifies a day or period of service provision;l) in which the Consumer expressly requested that the Seller come to them to make urgent repairs or maintenance; if the Seller provides additional services other than those whose performance the Consumer requested, or delivers goods other than spare parts necessary to perform the repair or maintenance - the right to withdraw from the Contract applies to the Consumer with respect to additional Services or Goods;m) on the provision of services, for which the Consumer is obliged to pay a price, in case the Consumer expressly requested from the Seller to come to them to make repairs, and the service has already been fully performed with the express and prior consent of the Consumer.
12. The right to withdraw from a remote contract applies to Consumers and Entrepreneurs with Consumer Rights.

8. PERSONAL DATA PROTECTION

1. The Customer, by placing orders, consents to the processing of their personal data provided for the purpose of order execution and service, by the Seller, who is also the controller of personal data within the meaning of Article 7 of Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 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 (General Data Protection Regulation), OJ L 119, May 4, 2016, pp. 1–88.
2. The controller of personal data transmitted by the Customer when using the Shop is the Seller.
3. Personal data contained in the Seller's database are not transmitted to entities that do not participate in the execution of the Contract.
4. The Customer, in accordance with Article 15 of Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 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 (General Data Protection Regulation), OJ L 119, May 4, 2016, pp. 1–88, has the right to access their personal data, may request their correction or deletion. The Seller ensures each Customer the right to control the processing of personal data.
5. The provision of personal data is voluntary, however, the lack of consent to the processing of personal data prevents the execution of the Customer's order.
6. Detailed information regarding personal data and privacy protection is contained in the "Privacy Policy" tab on the Shop website.

9. FINAL PROVISIONS

1. These Terms and Conditions define the rules for concluding and executing the Sales Contract for Products found on the Shop website.
2. The Sales Contract is concluded between the Customer and the Seller.
3. These Terms and Conditions are available to all Customers in electronic form on the Shop website: www.indianka.co, in the "Terms and Conditions" tab.
4. To use the Shop Services, it is necessary to have devices that allow access to the Internet and a web browser that enables the display of websites, as well as the provision of an email address that allows the transmission of information regarding order execution.
5. It is forbidden for all persons, including Customers, to post unlawful content on the Shop website.
6. In matters not regulated by these Terms and Conditions, the appropriate provisions of applicable law apply.
7. These Terms and Conditions do not exclude or limit any rights of the Customer who is a Consumer, which are granted to them under the absolutely binding provisions of law. In case of conflict between the provisions of these Terms and Conditions and the absolutely binding provisions of law granting rights to consumers, the provisions of law take precedence.
8. The provisions of these Terms and Conditions that are less favorable to the Consumer than the provisions of the Act of May 30, 2014 on Consumer Rights (i.e. Journal of Laws of 2020, item 287, as amended) are invalid, and the provisions of the Act apply in their place.
9. If any of the provisions of these Terms and Conditions is or becomes invalid or ineffective, the validity of the entire Terms and Conditions in the remaining part remains unimpaired. In such case, the Parties will replace the invalid or ineffective provision with another that most closely represents the intended economic purpose. This applies accordingly to any gaps in the Terms and Conditions.

APPENDIX 1: FORM OF WITHDRAWAL FROM CONTRACT BY CONSUMER AND ENTREPRENEUR WITH CONSUMER RIGHTS

City/Village: __________, date: ________ year.

Consumer/Entrepreneur with Consumer Rights:

• Name and Surname: ______________
• Address: ______________
• Email: ______________
• Phone: ______________

Entrepreneur:

• Name: www.indianka.co
• Address: ul. Fromborska 9/III/2, Elbląg, 82-300

FORM OF WITHDRAWAL FROM CONTRACT BY CONSUMER OR ENTREPRENEUR WITH CONSUMER RIGHTS

Hereby, acting on the basis of Article 27 of the Act of May 30, 2014 on Consumer Rights (i.e. Journal of Laws of 2020, item 287, as amended), in the wording:

Article 27 of the Consumer Rights Act

A Consumer who has concluded a distance or off-premises contract may, within 14 days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in Articles 33, 34 paragraph 2 and Article 35.

I hereby inform of withdrawal from the contract concluded on ________________ year, consisting of:

In connection with the above, I respectfully request a refund of the following sum of money resulting from the withdrawal from the contract: __________ PLN (in words: ______________________________________________________), which should be transferred to the following bank account number: ___________________________.

NOTICE:

The Consumer, as well as the Entrepreneur with Consumer Rights, has the right to withdraw from the Contract within 14 days without giving any reason, and in the case of a Contract concluded during an unscheduled visit to the Consumer's place of residence or usual stay or a trip - within 30 days. The deadline for withdrawal from the Contract expires after 14 days from the date of conclusion of the Contract or on which the Consumer took possession of the thing/batch of things or part or on which a third person, other than the carrier and indicated by the Consumer, took possession of the thing/batch or part, and in case of a Contract concluded during an unscheduled visit to the Consumer's place of residence or usual stay or a trip - after 30 days from the day the Consumer takes possession of this thing/batch of things.

To exercise the right to withdraw from the Contract, the Consumer must inform the Seller, i.e. www.indianka.co, at the address: ul. Fromborska 9/III/2, Elbląg, 82-300, at email: indi@indianka.co, of their decision to withdraw from the Contract by means of an unambiguous statement, sent by traditional mail or email. The Consumer may use the sample form of withdrawal from the Contract attached to these Terms and Conditions, which is not mandatory. The deadline is considered met when the Consumer sent information regarding the exercise of the right to withdraw from the Contract before the deadline for withdrawal from the Contract expires. The Consumer should return or deliver the Product to the Seller at the address: ul. Fromborska 9/III/2, Elbląg, 82-300, immediately and in any case no later than 14 days from the day on which they informed the Seller of withdrawal from the Contract. This deadline is considered met if the Consumer returned the Product to the Seller before the 14-day deadline expires.

In case of withdrawal from the Contract, the Seller returns to the Consumer all payments received from the Consumer, including the cost of delivering the Product (except for additional costs resulting from the Consumer's choice of a different delivery method than the cheapest and standard delivery method offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the desire to exercise the right to withdrawal from the Contract. The Seller may withhold the refund until receipt of the Product or until the Consumer provides evidence of its return, whichever occurs first. The Seller will make the refund using the same payment method used by the Consumer in the original transaction, unless the Consumer explicitly expressed consent to a different solution - in any case, the Consumer will not incur any charges in connection with this refund.

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