(website: www.smreki.de)

These Terms and Conditions set out the general terms, rules and manner of sales conducted by Michał Twardoń and Jan Sierszulski, operating under the business name SMREKI Twardoń Sierszulski spółka jawna, with its registered office in Suchy Las, Poland, via the online store www.smreki.de (hereinafter: the “Online Store”).

§ 1 Definitions

1. Business Days means days from Monday to Friday, excluding public holidays in Poland.

2. Delivery means the actual act of delivering the Goods to the Customer by the Seller via a Carrier.

3. Carrier means a courier/transport company cooperating with the Seller for the purpose of Delivery of Goods.

4. Password means a sequence of letters, digits or other characters chosen by the Customer during Registration and used to secure access to the Customer Account.

5. Customer means an entity for which electronic services may be provided or with which a Sales Contract may be concluded.

6. Consumer means a natural person acting for purposes outside their trade, business or profession.

7. Customer Account means an individual panel available to the Customer after Registration, enabling access to selected functions of the Online Store.

8. Login means the Customer’s email address used together with the Password to access the Customer Account.

9. Entrepreneur means a natural or legal person, or an organisational unit with legal capacity, carrying out business or professional activity in its own name.

10. Terms and Conditions means these Terms and Conditions of the Online Store.

11. Registration means the actual act performed as described in these Terms and Conditions, required to create a Customer Account.

12. Seller means SMREKI Twardoń Sierszulski spółka jawna with registered office in Suchy Las (62-002), ul. Sprzeczna 27, Poland, VAT ID (NIP): 9721351094, REGON: 528170584, owner of the Online Store and the Smreki brand.

13. Online Store Website means the websites through which the Seller operates the Online Store under the domain www.smreki.de.

14. Goods means a product presented by the Seller via the Online Store Website.

15. Sales Contract means a distance sales contract concluded electronically under these Terms and Conditions between the Customer and the Seller.

§ 2 General Provisions

1. All rights to the Online Store, including copyright and intellectual property rights to its name, domain, website content, templates, forms and logos, belong to the Seller, except for third-party rights to product photos or materials where applicable. Use of these elements is permitted only as set out in these Terms and Conditions and in accordance with applicable law.

2. The Online Store is provided by the Seller via the Internet as part of an ICT system.

3. It is prohibited to use the Online Store to send unsolicited commercial information (spam) or to use the Online Store in a manner that violates applicable law or these Terms and Conditions.

§ 3 Use of the Online Store

1. Use of the Online Store means any activity of the Customer that leads to browsing the content on the Online Store Website, subject to § 4.

2. The Online Store may be used only under and within the limits set out in these Terms and Conditions and applicable law.

3. The Seller makes reasonable efforts to ensure that the Online Store functions correctly on common web browsers and devices. The Customer’s device should support cookies and JavaScript to use all features of the Online Store.

4. To place an order and to use certain services, the Customer must have an active email address.

5. The Customer is not entitled to interfere with the content, structure, form, graphics or mechanisms of the Online Store.

6. Due to the public nature of the Internet, use of electronic services may involve risks such as unauthorized access to data. Customers should use appropriate technical safeguards (e.g., antivirus software). The Seller never asks the Customer to provide their Password.

§ 4 Registration and Customer Account

1. To create a Customer Account, the Customer must complete Registration.

2. The Seller may allow placing orders without creating an account, depending on the Online Store functionalities available at the time of purchase.

3. Registration requires completing the registration form and submitting it electronically. The Customer sets a Password during Registration.

4. When completing the registration form:
   a) the Customer should fill in all required fields (optional fields are marked as optional),
   b) data must relate to the Customer and be accurate,
   c) the Customer should confirm they have read and accepted these Terms and Conditions,
   d) the Customer should consent to the provision of the electronic service of maintaining a Customer Account, if such consent is required by the registration form.

5. The Customer is responsible for keeping the Password confidential and for preventing third parties from gaining access to it. If there is suspicion of unauthorized access, the Customer must immediately notify the Seller and change the Password where possible.

6. The Seller may apply technical measures to prevent unauthorized copying or distribution of content. Customers shall refrain from attempting to bypass such measures.

§ 5 Orders, Payments and Order Fulfilment

1. Information on the Online Store Website does not constitute a legally binding offer; it is an invitation to place orders.

2. Orders may be placed 24/7 via the Online Store Website.

3. The Customer places Goods in the cart using the “Add to cart” function. After selecting Delivery method and providing required data, the Customer places an order by submitting the order form. Before submission, the Customer is shown the total price and the total Delivery cost.

4. Submitting an order constitutes a binding offer to conclude a Sales Contract.

5. After an order is placed, the Seller sends an email confirming receipt of the order. This confirmation does not necessarily mean acceptance for fulfilment. Acceptance occurs when the Seller confirms the order for fulfilment or dispatches the Goods.

6. The Seller verifies the feasibility of fulfilling the order.

7. If fulfilment is not possible (e.g., due to production constraints), the Seller informs the Customer by email or phone.

8. In such cases, the Seller may propose:
   a) cancellation of the entire order,
   b) partial cancellation for unavailable items,
   c) splitting the order into separate deliveries without additional Delivery costs caused by the split, where feasible.

9. Prices displayed in the Online Store:
   a) are gross prices (including VAT) and are presented in EUR (or other currency shown by the Online Store, if available),
   b) do not include Delivery costs, which are shown during checkout,
   c) do not include potential customs duties; however, deliveries are offered only within the European Union countries listed by the Seller, where customs duties should generally not apply.

10. The binding price is the price displayed at the time the order is placed.

11. Payment methods available to the Customer are displayed during checkout.

12. The Seller may allow the Customer to modify an order until it is accepted for fulfilment, subject to feasibility. Modification may affect the fulfilment time.

13. Goods are delivered to the address provided by the Customer.

14. The Customer should provide a contact phone number to enable the Carrier to schedule Delivery.

15. On dispatch, the Customer receives shipping information by email.

16. The Customer should inspect the shipment upon Delivery, preferably in the presence of the Carrier, and request a damage report if damage is found.

17. Personal pickup may be available at the Seller’s warehouse in Poland if offered by the Online Store at the time of purchase.

§ 6 Complaints, Statutory Rights and Commercial Guarantee

1. If transport damage is found, the Customer should prepare a damage report with the Carrier and provide it to the Seller.

2. The Seller’s liability for non-conformity of Goods with the contract (statutory consumer rights) applies under applicable mandatory consumer protection laws, including those of the Customer’s country of residence within the EU.

3. In addition, the Seller may provide a commercial guarantee for selected Goods. If a commercial guarantee is granted, it covers Goods purchased and used in the countries where the Seller delivers (Germany, France, Belgium, Austria, Czech Republic, Denmark) and lasts 24 months from the purchase date, provided that the Goods are used according to their intended purpose and care instructions.

4. The guarantor is responsible for defects resulting from causes inherent in the sold Goods and for damage that is an unavoidable consequence of such defects.

5. The Buyer loses guarantee rights if the care and usage rules described in the guarantee card or product instructions are not followed.

6. The guarantee covers free specialist repairs intended to remove the defect; in exceptional cases, the Seller may replace the Goods instead of repair.

7. The guarantee does not cover, in particular:
   a) damage caused by improper transport by the Customer, improper assembly, or misuse,
   b) damage caused by improper storage, cleaning or maintenance,
   c) stains or soiling of surfaces,
   d) natural ageing processes (changes in wood color or gloss, including changes caused by sunlight),
   e) differences in shade due to the natural origin of wood, grain, rays, knots and filled knots,
   f) natural micro-cracks resulting from temperature and humidity,
   g) dimensional changes of wooden elements caused by wood’s natural moisture exchange (possible deviations up to ±1%),
   h) damage caused by animals,
   i) defects disclosed at Delivery that were not reported at Delivery.

8. A complaint should be submitted by email with a description, photos, and proof of purchase.

9. The Seller will respond within 14 days of receiving the complaint.

10. Recognized complaints will be handled within 30 Business Days from recognition, with possible extension in justified cases after agreement with the Customer.

11. If the defect does not require factory conditions, the repair may be performed at the Customer’s location.

§ 7 Right of Withdrawal (Consumers)

1. A Consumer has the right to withdraw from the Sales Contract within 14 days without giving any reason.

2. The withdrawal period expires after 14 days from the day the Consumer, or a third party indicated by the Consumer other than the Carrier, acquires physical possession of the Goods.

3. To exercise the right of withdrawal, the Consumer must inform the Seller by a clear statement sent by email.

4. The Consumer must return the Goods no later than 14 days from the day they informed the Seller of the withdrawal.

5. The Consumer is responsible for organizing the return shipment and bears the full direct cost of returning the Goods. The cost of returning bulky Goods that cannot normally be returned by post may be significant. The estimated maximum return cost within Germany may be up to EUR 400, depending on the Carrier selected by the Consumer and the size/weight of the Goods. This cost may differ in other countries. This information is provided pursuant to the information obligation under EU consumer law.

6. The Consumer is liable for any diminished value of the Goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

§ 8 Refunds

1. The Seller refunds payments within 14 days in the following cases:
   a) cancellation of an order (or part of it) paid in advance before fulfilment,
   b) withdrawal from the Sales Contract by a Consumer under § 7,
   c) price reduction or withdrawal due to a successful complaint.

2. The refund is made using the same means of payment used by the Customer, unless expressly agreed otherwise.

3. The Seller may withhold reimbursement until the Goods have been received back or until the Consumer has provided evidence of having sent back the Goods.

§ 9 Liability

1. The Seller is liable for non-performance or improper performance of the contract under applicable law. For contracts with Entrepreneurs, the Seller’s liability may be limited to intentional misconduct and to actual losses, to the extent permitted by mandatory law.

2. The Seller is not liable for disruptions in electronic services caused by third parties (e.g., telecom operators), but remains liable for persons acting on its behalf or entrusted with performance.

3. The Seller is not liable for the Customer’s inability to use the Online Store due to reasons attributable to the Customer, including loss or disclosure of Password, unless caused by the Seller’s fault.

4. The Seller is not liable for damages caused by Customers using the Online Store contrary to law or these Terms and Conditions.

5. The only sources of the Seller’s obligations are these Terms and Conditions and mandatory legal provisions.

§ 10 Personal Data and Cookies

1. The Seller is the controller of personal data processed in connection with order fulfilment and operation of the Online Store. EU data protection rules apply, including the GDPR.

2. Detailed information about personal data processing, including purposes, legal bases, recipients, retention periods and data subject rights, is provided in the Online Store’s Privacy Policy and Cookie Policy available on www.smreki.de.

3. The Online Store uses cookies and similar technologies to ensure proper functioning, analytics and, where applicable, marketing, subject to user choices and applicable law.

§ 11 Final Provisions and Amendments

1. These Terms and Conditions apply from the date of publication on the Online Store Website and replace previous terms.

2. The Customer may save, print or download these Terms and Conditions at any time.

3. Orders accepted before an amendment are governed by the Terms and Conditions in force at the time of placing the order.

4. The parties will strive to resolve disputes amicably.

5. The governing law is Polish law, provided that this choice does not deprive Consumers of mandatory protections granted by the law of their habitual residence in the EU.

6. Online dispute resolution platform (ODR): https://ec.europa.eu/consumers/odr.

7. The Seller is not obliged and does not agree to participate in proceedings before a consumer arbitration board.

Effective date: 01.01.2026