Terms and Conditions
Last updated: 14 June 2026
§1. General provisions
1. These Terms and Conditions set out the rules for using the online shop operated at: https://urbanaflex.com/, placing orders, concluding sales contracts, making payments, delivering Goods, withdrawing from contracts, submitting complaints, as well as the other rights and obligations of Buyers and the Seller.
2. The Seller is:
URBANAFLEX sp. z o.o.
ul. Henryka Sienkiewicza 20 lok. 23
07-409 Ostrołęka
Tax ID (NIP): 7582407512
Statistical No. (REGON): 54499478100000
National Court Register (KRS) No.: 0001247600
e-mail: info@urbanaflex.com
3. The Seller may be contacted by e-mail at: info@urbanaflex.com.
4. The Shop sells Goods online, in particular litter bins, street furniture and other products available in the Shop's current range.
5. These Terms and Conditions are available free of charge on the Shop's website in a form that allows them to be obtained, reproduced, stored and printed.
6. To use the Shop, the following are required:
a. a device with Internet access;
b. an up-to-date web browser;
c. an active e-mail address;
d. cookies necessary for the Shop to function must be enabled.
7. The Shop does not currently allow Customer accounts to be created. Orders are placed without registering an account.
8. Sales are conducted within the territory of the Republic of Poland, unless the Seller individually agrees to a different delivery area.
9. These Terms and Conditions do not infringe the rights of Consumers or Sole Traders with Consumer Rights arising from mandatory provisions of law.
§2. Definitions
For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:
1. B2B — sales to a Buyer who is neither a Consumer nor a Sole Trader with Consumer Rights.
2. Price — the price of the Goods stated in the Shop, an Offer, the basket, the Order summary, the Order confirmation or another document or communication from the Seller, expressed in Polish zloty. The Price may be stated as a net price and a gross price, i.e. a price including VAT at the applicable rate. The Price does not include the costs of delivery, unloading, carrying in, assembly, installation, anchoring, ground preparation or any other additional services, unless the Seller has expressly indicated otherwise.
3. Sales document — a document issued by the Seller in connection with the sale of Goods, in particular a VAT invoice, advance invoice, final invoice, corrective invoice or other accounting document provided for by law. In the case of Orders or Offers involving advance, staged or partial payments, the Seller may issue an advance invoice and, upon completion of the Order, a final invoice, in accordance with applicable law.
4. Delivery — the act of delivering Goods to the address specified by the Buyer, carried out by a carrier, courier company, logistics, freight forwarding or postal operator, own transport or third-party transport.
5. Oversized delivery — delivery of Goods which, due to their size, weight, shape, packaging, palletisation, nature or transport requirements, require special arrangements for transport, unloading, equipment, manoeuvring space or the presence of a person able to receive and unload them.
6. Business day — any day from Monday to Friday, excluding public holidays.
7. Public sector entity — a public finance sector entity or other institutional entity to which the Seller may individually grant deferred payment.
8. Consumer — a natural person entering into a legal transaction with the Seller that is not directly related to their business or professional activity.
9. Buyer — a Consumer, Sole Trader with Consumer Rights, Business, Public sector entity or other entity placing an Order in the Shop.
10. Offer — a document, e-mail, PDF file, calculation, quotation, commercial proposal, price list or other information provided to the Buyer by the Seller, containing in particular the proposed terms of sale, Price, availability, lead time, delivery cost, payment terms, description of the Goods or other commercial elements. An Offer, including an Offer sent in PDF format, does not constitute an offer within the meaning of the Civil Code nor an automatic basis for concluding a Contract, unless the Seller expressly and unambiguously indicates otherwise. An Offer is a commercial, informational or pricing proposal and in each case requires the Seller's confirmation that the Order has been accepted for fulfilment.
11. Business — a natural person, legal person or organisational unit with legal capacity making a purchase in connection with its business, professional, statutory or institutional activity.
12. Business with consumer rights — a natural person entering into an agreement with the Seller directly related to their business activity, where the content of that agreement indicates that it is not of a professional nature for that person, in particular as arising from the subject of the business activity they conduct.
13. Terms and Conditions — these terms and conditions of the Shop.
14. Shop — the online shop operated at https://urbanaflex.com/.
15. Seller — URBANAFLEX sp. z o.o.
16. Goods — a movable item available in the Shop, in an Offer or in an individual proposal from the Seller, which may be the subject of an Order.
17. Custom Goods — non-prefabricated Goods manufactured, imported, assembled, configured or modified to the Buyer's specifications or intended to meet the Buyer's individual needs, in particular Goods made in a custom colour, size, variant or configuration, with a marking, logo, coat of arms, print, engraving, plaque, non-standard finish, non-standard number of components, individual assembly, or on the basis of an individual quotation relating to the adaptation of the Goods to the Buyer's needs.
18. Agreement — a contract for the sale of Goods concluded between the Buyer and the Seller on the terms set out in the Terms and Conditions.
19. Order — a declaration made by the Buyer via the Shop, by e-mail, on the basis of an Offer or in another manner accepted by the Seller, aimed at concluding an Agreement. The mere placing of an Order by the Buyer does not constitute the conclusion of an Agreement, unless the Seller expressly confirms acceptance of the Order for fulfilment in accordance with the Terms and Conditions.
§3. Nature of the information in the Shop
1. The information presented in the Shop, including descriptions of Goods, photographs, visualisations, availability, technical specifications and Prices, constitutes an invitation to conclude an agreement and not an offer within the meaning of the Civil Code, unless expressly stated otherwise.
2. Photographs and visualisations of Goods are for illustrative purposes only. The actual appearance of the Goods may differ from the photographs, in particular due to screen settings, lighting, production batch, material properties, surface texture, permissible manufacturing tolerances or production technology.
3. The dimensions, weight, capacity, colours and other parameters of the Goods may be subject to typical manufacturing or technological tolerances, provided that this does not affect the conformity of the Goods with the Agreement in the case of a Consumer or a Business with consumer rights.
4. The Seller shall not be liable for the unsuitability of the Goods for a particular purpose intended by the Buyer if the Buyer did not inform the Seller of that purpose before concluding the Agreement or the Seller did not expressly confirm that the Goods are suitable for such purpose.
5. Before placing an Order, the Buyer is obliged to check whether the selected Goods meet their needs, conditions of use, requirements of the intended location, dimensions, technical conditions and any installation or operational requirements.
6. If the Buyer has any doubts regarding the properties, dimensions, application, method of use, transport requirements or other parameters of the Goods, they should contact the Seller before placing an Order.
§4. Placing Orders and conclusion of the Agreement
1. Orders may be placed via the Shop 24 hours a day, 7 days a week, subject to technical breaks, failures or maintenance work.
2. In order to place an Order, the Buyer should in particular:
a. select the Goods;
b. add the Goods to the basket;
c. provide the details necessary to fulfil the Order;
d. select a delivery method;
e. select a payment method;
f. accept the Terms and Conditions;
g. place the Order using the button indicating the obligation to pay.
3. The placing of an Order by the Buyer constitutes an offer to conclude a Sales Agreement.
4. An automatic confirmation of receipt of the Order by the Shop does not yet constitute acceptance of the Order for fulfilment or the conclusion of the Agreement, unless the content of the message expressly states otherwise.
5. The Agreement is concluded when the Seller confirms acceptance of the Order for fulfilment.
6. The Seller may refuse to accept an Order, in particular where:
a. the Goods are unavailable;
b. there is an obvious error in the Price, description, configuration, availability or parameters of the Goods;
c. the details provided by the Buyer are incomplete, untrue or prevent fulfilment of the Order;
d. payment has not been made within the required time limit;
e. the Buyer does not meet the conditions for deferred payment;
f. fulfilment of the Order would be impossible or excessively difficult for logistical, technical, production or legal reasons;
g. the Order concerns Goods requiring an individual quotation, confirmation of availability or confirmation of transport costs.
7. Where an Order is refused and the Buyer has already made payment, the Seller shall refund the payment received without undue delay and no later than within 14 days, using the same method of payment as used by the Buyer, unless the parties agree on a different method of refund.
8. The Seller reserves the right to confirm delivery costs individually for Goods that are bulky, heavy, non-standard, shipped on pallets or requiring special transport arrangements.
9. In the case of Orders covering Goods that are custom-made, bulky, ordered in specifically, subject to an individual quotation or requiring confirmation of availability or transport costs, the Seller may make acceptance of the Order conditional upon the Buyer's additional confirmation of the terms of fulfilment, Price, lead time, delivery costs, payment, Goods specification, the custom-made nature of the Goods or the absence of the right to withdraw from the Contract in cases provided for by law.
10. Where an Order concerns custom-made Goods, the Seller may require the Buyer to additionally confirm that the Buyer understands that such Goods are not subject to the right to withdraw from the Contract in cases provided for by law.
11. Where the Seller provides the Buyer with an Individual Offer, in particular by e-mail, in a PDF file, calculation, quotation or other commercial document, such Offer shall remain valid for the period stated therein. If the Offer does not state a validity period, it shall remain valid for 7 days from the date it was sent to the Buyer.
12. Failure by the Buyer to accept an Individual Offer within its validity period means that the Offer lapses and is no longer binding on the Seller. In such a case, if the Buyer wishes to make a purchase after the Offer's validity period has expired, the Seller must reconfirm the terms or prepare an updated Offer.
13. The Buyer's failure to respond to an Offer, quotation, calculation, e-mail, PDF file or other commercial proposal from the Seller shall not constitute acceptance of the Offer or conclusion of the Contract.
14. Sending the Buyer an Offer, quotation, calculation, PDF file, pro forma, price list or commercial proposal shall not constitute conclusion of the Contract or an obligation on the Seller to fulfil the Order, unless the Seller has expressly confirmed acceptance of the Order for fulfilment.
15. The Seller may make acceptance of an Order based on an Individual Offer conditional upon fulfilment of additional conditions specified in the Offer, in particular advance payment, payment of a deposit, signing of a contract, confirmation of documentation, acceptance of the technical specification, acceptance of transport costs or provision of the data necessary to fulfil the Order.
§5. Prices and payments
1. Prices of Goods stated in the Shop, Offer, basket, Order summary, Order confirmation or any other document or communication from the Seller may be given as net prices and gross prices, expressed in Polish zloty. The gross price includes VAT at the applicable rate.
2. Unless otherwise stated for a given Price, the Price does not include the costs of delivery, unloading, carrying in, assembly, installation, anchoring, ground preparation or any other additional services.
3. Available payment methods include:
a. online payment via the PayU service, operated by PayU S.A. with its registered office in Poznań;
b. traditional bank transfer;
c. cash on delivery, solely with the Seller's individual consent;
d. deferred payment for Public Sector Bodies, solely with the Seller's individual approval.
4. The Seller may in any case make fulfilment of an Order conditional upon prior payment of all or part of the Price, in particular in the case of custom-made Goods, bulky Goods, high-value Orders, B2B Orders, Orders placed by Public Sector Bodies or Orders requiring individually arranged delivery.
5. Where payment is made by traditional bank transfer, the Buyer should make payment within 3 working days of receiving the transfer details, unless the Seller specifies a different deadline.
6. Where the Buyer is issued with a pro forma invoice, pro forma document, payment request, payment information or any other document stating an amount due, the Buyer should make payment within 3 working days of receiving such document or information, unless the Seller specifies a different deadline.
7. Failure to make payment within the time limit specified in clause 5 or 6 may result in the cancellation of the Order, refusal to accept the Order for fulfilment, or the Offer, pro forma invoice, Goods reservation or commercial terms being deemed no longer valid, without the need to issue any further demand for payment to the Buyer.
8. Where the Order, Offer or pro forma invoice concerns Custom Goods, Bulky Goods, Imported Goods, Made-to-Order Goods or Goods requiring a reservation with the manufacturer, supplier or carrier, the Seller may treat failure to pay on time as the Buyer's withdrawal from the Order.
9. Cash on delivery is not available automatically and requires the Seller's individual consent. The Seller may refuse consent to cash on delivery, in particular in the case of Custom Goods, Bulky Goods, high-value Orders, B2B Orders, Orders requiring individually arranged delivery, or previous problems with collection or payment on the part of the Buyer.
10. Deferred payment for Public Sector Bodies:
a. is not available automatically;
b. requires the Seller's individual consent;
c. may require the submission of a formal purchase order, the signing of a contract, and the provision of details of the person authorised to represent the body, invoicing details, the tax identification number (NIP), details of the body and any other information needed to assess the Order;
d. may be made conditional on an Order value limit, the history of cooperation, the type of Goods, the delivery date or other conditions specified by the Seller.
11. Merely selecting deferred payment in the basket, in an e-mail or in the Order does not constitute the Seller's consent to deferred payment.
12. The Seller may refuse deferred payment without giving a reason and may propose prepayment, a deposit or another form of payment security.
13. In the event of late payment by a Buyer who is not a Consumer, the Seller may charge statutory interest for late payment or statutory interest for late payment in commercial transactions, where applicable, and claim debt recovery costs and compensation provided for by law.
§6. Order Fulfilment Time
1. The Order fulfilment time may be stated, in particular, on the product page of the Goods, in the Shop, in the Offer, in the Order summary, in the Order confirmation or in individual information provided to the Buyer by the Seller. The Order fulfilment time means the estimated time needed to prepare the Goods for dispatch or to hand the Goods over to the carrier, unless the Seller has expressly stated otherwise.
2. The Order fulfilment time begins to run only once all conditions necessary to commence fulfilment of the Order have been met.
3. For Orders paid in advance, including by traditional bank transfer or online payment, the Order fulfilment time is counted from the date on which the full required payment is credited to the Seller's account or from the date on which the Seller receives valid payment confirmation from the payment operator, whichever event enables the Seller to commence fulfilment of the Order.
4. For Orders placed by Public Sector Bodies with deferred payment, the Order fulfilment time is counted no earlier than from the date on which the parties sign the contract, formal purchase order or other document required by the Seller to initiate fulfilment of the Order, and from the date on which the Seller confirms acceptance of the Order for fulfilment.
5. If the contract, formal purchase order or other document is signed by the Public Sector Body after the Order has been placed in the Shop or after the commercial terms have been agreed, only the later date of valid signature of such document starts the Order fulfilment time.
6. If the Seller makes fulfilment of the Order conditional on payment of a deposit or prepayment, completion of details, confirmation of the specification, acceptance of transport costs, signing of documents or fulfilment of other conditions, the Order fulfilment time begins to run only from the date on which the last of the required conditions is met.
7. In the case of Goods that are custom, modified, manufactured, imported, assembled to Order or require an individual quotation, the fulfilment time begins to run only once the Seller has confirmed the complete specification of the Goods and all payment conditions and formalities required for the Order have been met.
8. For Orders comprising several Goods with different availability or fulfilment times, the fulfilment time for the entire Order corresponds to the longest of the stated times, unless the parties agree on partial deliveries.
9. Fulfilment times given in Working Days exclude Saturdays, Sundays and public holidays.
10. Lead times stated in the Shop, in an offer, in correspondence or in the Order confirmation are estimates, unless the Seller has expressly and unambiguously designated a given date as guaranteed.
11. The Seller shall not be liable for delays arising from causes beyond the Seller's control, in particular:
a. delays on the part of manufacturers, suppliers, subcontractors, carriers, freight forwarders or logistics operators;
b. unavailability of components, materials, parts, raw materials or packaging;
c. production, technological, quality or warehousing problems;
d. failures of machinery, IT systems, payment systems or logistics infrastructure;
e. delays in domestic or international transport;
f. force majeure, including accidents, natural disasters, fires, floods, epidemics, acts of war, strikes, transport blockades, decisions of public authorities or other events beyond the Seller's reasonable control;
g. failure by the Buyer to provide complete data, documents, specifications, confirmations, powers of attorney or information necessary to fulfil the Order;
h. inability to contact the Buyer;
i. inability to deliver or unload for reasons attributable to the Buyer.
12. Should any of the circumstances referred to in clause 11 occur, the Order lead time may be extended accordingly by the duration of the obstacle and the time necessary to resume fulfilment of the Order.
13. The Seller shall inform the Buyer of any significant delay or change to the estimated Order lead time, if the delay becomes known to the Seller.
14. For Buyers who are neither Consumers nor Entrepreneurs with consumer rights, a delay in fulfilling the Order resulting from the circumstances set out in this section shall not constitute grounds for withdrawing from the Agreement, imposing contractual penalties, claiming damages, withholding payment or refusing to accept the Goods, unless the Seller consents thereto or mandatory provisions of law provide otherwise.
15. For Consumers and Entrepreneurs with consumer rights, the provisions of this section shall not exclude or limit their rights under mandatory provisions of law.
§7. Delivery, oversized products and unloading
1. Delivery shall be made to the address specified by the Buyer in the Order.
2. The Seller provides delivery of the Goods only, unless the parties expressly agree otherwise.
3. Delivery does not include:
a. unloading of oversized Goods;
b. carrying the Goods inside;
c. positioning the Goods at their final location;
d. assembly;
e. anchoring;
f. installation;
g. ground preparation;
h. removal of transport packaging;
i. use of a forklift, lorry-mounted crane, lift, crane or other specialist equipment;
unless the Seller has expressly confirmed such a service in writing or by e-mail.
4. In the case of Oversized Delivery, the Buyer shall ensure, at its own expense and on its own account:
a. the presence of a person authorised to accept the Goods;
b. suitable access for the delivery vehicle;
c. the ability to stop the vehicle safely;
d. the space required for unloading;
e. the equipment and personnel required to unload the Goods;
f. the ability to accept the Goods on the agreed date;
g. effective communication with the carrier or the Seller.
5. For oversized Goods, delivery may be made to the first point accessible to the delivery vehicle, in particular to the specified address, to the building, gate, loading ramp, warehouse, property or other location that the carrier can reach safely.
6. If the delivery location does not allow safe access, stopping, manoeuvring, unloading or handover of the Goods, the carrier may refuse to make the delivery at that location.
7. If delivery is refused or the Goods cannot be successfully delivered for reasons attributable to the Buyer, in particular due to lack of access, lack of unloading space, absence of a person authorised to accept the Goods, lack of equipment or personnel needed to unload oversized Goods, an incorrect address, incomplete delivery details or inability to contact the Buyer, the Seller may charge the Buyer the justified costs of the failed delivery, waiting time, storage, return of the consignment to the Seller and redelivery, unless the failed delivery was due solely to the Seller's fault or mandatory provisions of law provide otherwise.
8. Redelivery of the Goods shall be at the Buyer's expense, unless the failed delivery was due solely to the Seller's fault or mandatory provisions of law provide otherwise.
9. If, following an unsuccessful delivery attempt, a Buyer who is a Consumer or an Entrepreneur with consumer rights submits an effective statement of withdrawal from the Agreement, the Seller shall settle payments in accordance with the provisions on withdrawal from distance contracts and the provisions of the Terms and Conditions concerning withdrawal from the Agreement.
10. A Consumer or an Entrepreneur with consumer rights shall bear the direct costs of returning the Goods, including the costs of return transport of bulky Goods, provided that they were informed of the obligation to bear such costs before concluding the Agreement, unless the Seller has agreed to bear them or mandatory provisions of law provide otherwise.
11. If an unsuccessful delivery occurred for reasons attributable to a Buyer who is neither a Consumer nor an Entrepreneur with consumer rights, and the Buyer subsequently declines to collect the Goods, refuses redelivery or submits a statement cancelling the Order, the Seller may charge the Buyer the costs incurred in connection with the fulfilment of the Order, in particular the costs of transport, return of the consignment, storage, waiting time, preparation of the Goods, reservation of the Goods, production, order picking and other reasonable costs resulting from the commenced fulfilment of the Order.
12. The Buyer is responsible for the accuracy and completeness of the delivery details, in particular the address, telephone number, contact person, hours of availability and information on any obstacles to access or unloading.
13. The Buyer is obliged to inform the Seller, before the consignment is dispatched, of any circumstances that may hinder or prevent delivery, in particular access restrictions, weight restrictions, no possibility of stopping the vehicle, no loading ramp, no space for unloading, restricted traffic zones, the need for advance delivery notification, specific collection hours, the need to use specialist equipment or any other obstacles relating to the place of delivery.
14. If the Buyer fails to inform the Seller of the circumstances referred to in section 13, and those circumstances cause a delay, refusal of delivery, the need for redelivery, redirection, storage, waiting time, the use of additional equipment or other logistics costs, the Seller may charge the Buyer the reasonable costs resulting from those circumstances, unless mandatory provisions of law provide otherwise.
15. If, after the consignment has been dispatched, the Buyer requests a change of delivery address, redirection of the consignment, a change of collection point, a change of delivery date or any other modification of the transport service, the Seller may forward such a request to the carrier, insofar as this is technically and organisationally possible. The Buyer shall bear the reasonable costs of such a change, in particular the costs of readdressing, redirection, redelivery, waiting time, storage or other charges levied by the carrier or logistics operator, unless the need for the change resulted solely from the Seller's fault or mandatory provisions of law provide otherwise.
16. In B2B relationships, the Buyer bears full responsibility for ensuring the conditions for receipt and unloading of the Goods. Inability to receive or unload the Goods on the agreed date does not release the Buyer from the obligation to pay the Price, the delivery costs and reasonable additional costs.
17. The Seller shall not be liable for damage resulting from improper unloading, handling, storage, assembly, anchoring, installation or use of the Goods by the Buyer, persons acting on the Buyer's behalf or third parties, without prejudice to the mandatory rights of Consumers and Entrepreneurs with consumer rights.
§8. Receipt of consignments and transport damage
1. The Buyer should check the condition of the consignment immediately upon receipt, in particular the condition of the packaging, pallet, protective materials, tapes, film, corner protectors and visible parts of the Goods, as well as whether the number of parcels or pallets matches the transport document.
2. If the consignment shows visible signs of damage, tampering, water damage, tearing, crushing, breakage, repacking, missing parts or other transport damage, the Buyer should:
a. refuse to accept the consignment if the nature of the damage indicates that the Goods may have been damaged;
b. request the carrier to draw up a damage report;
c. take photographs of the packaging, shipping label, damage, pallet, protective materials and the Goods;
d. inform the Seller without delay at the following e-mail address: info@urbanaflex.com;
e. send the Seller the photographic documentation, the damage report, the Order number and a description of the incident.
3. If damage to the Goods is discovered after the consignment has been received, the Buyer should notify the Seller promptly, and no later than 24 hours after discovering the damage, providing photographic evidence, a description of the damage and the information needed to investigate the matter.
4. For a Consumer and a Business Acting as a Consumer, failure to complete a damage report with the carrier does not deprive them of their statutory rights where the Goods do not conform to the Contract. However, it may make it more difficult for the Seller to establish the cause of the damage, pursue claims against the carrier and deal with the matter efficiently.
5. A Consumer and a Business Acting as a Consumer are required to cooperate with the Seller to the extent necessary to establish the circumstances of the damage to the consignment, in particular by making available any photographs, documents, reports, packaging, labels and information about the delivery that they hold.
6. In B2B relationships, the Buyer must inspect the consignment on receipt. If there is visible damage, missing items, damaged packaging or suspected damage to the Goods, the B2B Buyer must either refuse to accept the consignment or complete a damage report with the carrier at the time of receipt, and must report the matter to the Seller promptly, and no later than 24 hours after receipt, with full photographic evidence.
7. In B2B relationships, failure to fulfil the obligations set out in paragraph 6 results in the loss of the Buyer's rights against the Seller in respect of transit damage, quantity shortages visible on receipt or damaged packaging, unless the Buyer demonstrates that the damage could not have been detected at the time of receipt despite the exercise of due care.
8. In B2B relationships, latent damage that could not have been detected on receipt despite the exercise of due care should be reported to the Seller promptly, and no later than 2 working days after receipt of the Goods, together with photographic evidence and a description of the damage. Failure to report within this period results in the loss of rights against the Seller in this respect, unless mandatory provisions of law state otherwise.
9. The Buyer should retain the packaging, pallet, protective materials, shipping labels and the damaged Goods until the investigation procedure has been completed, unless the Seller advises that this is not necessary.
10. Acceptance by the Buyer of a consignment that is damaged, tampered with, deformed, incomplete or otherwise gives reasonable cause for concern, without raising reservations with the carrier, without completing a damage report and without taking photographs, may make it difficult or impossible to demonstrate that the damage, shortage or incompleteness occurred in transit.
11. In B2B relationships, acceptance by the Buyer of a consignment that is damaged, tampered with, deformed, incomplete or otherwise gives reasonable cause for concern, without raising reservations with the carrier, without completing a damage report and without taking photographs, may result in the loss of the Buyer's rights against the Seller in respect of transit damage, quantity shortages or incompleteness of the consignment, unless the Buyer demonstrates that the damage, shortages or incompleteness could not have been detected on receipt despite the exercise of due care.
§9. No Installation, Use and Responsibility for the Application of the Goods
1. The Seller does not provide installation, fitting, anchoring, ground preparation, positioning, specialist unloading or on-site technical advice services, unless the parties expressly agree otherwise in a separate written or e-mail quotation.
2. The Buyer is responsible for assessing whether the Goods are suitable for the intended location, method of use, technical conditions, environmental conditions and local requirements, unless the Seller has expressly confirmed the suitability of the Goods for a specific purpose.
3. The Buyer is responsible for checking whether the purchased Goods may be positioned, installed, used or operated at the location of their choice, taking into account in particular legal regulations, the rules of residents' associations, housing cooperatives, organisational units and site managers, fire safety, building, sanitary, public order and highway regulations, and any requirements to obtain consents, permits or approvals. The Seller is not liable if the Goods cannot be positioned, installed or used at the location chosen by the Buyer where this results from circumstances attributable to the Buyer or from requirements applicable to that location, without prejudice to the mandatory rights of a Consumer and a Business Acting as a Consumer.
4. The Buyer should ensure that the Goods are installed, positioned, anchored, fitted and used in accordance with their intended purpose, the instructions, safety rules, technical requirements and legal regulations.
5. The Seller is not liable for damage resulting from:
a. incorrect installation;
b. failure to install, where installation was required for safe use;
c. incorrect anchoring;
d. incorrect unloading;
e. improper handling or storage;
f. use of the Goods other than for their intended purpose;
g. improper maintenance;
h. mechanical damage;
i. acts of vandalism;
j. exposure to chemicals, salt, fire, extreme temperatures, excessive moisture or other external factors beyond typical conditions of use;
k. natural wear and tear of the Goods;
l. alterations, repairs or modifications of the Goods carried out by the Buyer or third parties;
subject to the mandatory rights of the Consumer and the Entrepreneur with consumer rights.
§10. Right of Withdrawal from the Agreement
1. The Consumer and the Entrepreneur with consumer rights may withdraw from an Agreement concluded at a distance within 14 days without giving any reason, unless an exception to the right of withdrawal provided for by law or by the Terms and Conditions applies.
2. The withdrawal period expires 14 days after the day on which the Consumer or the Entrepreneur with consumer rights, or a third party other than the carrier indicated by them, took possession of the Goods.
3. The statement of withdrawal from the Agreement should be submitted in a durable form, in particular:
a. in writing to the Seller's address;
b. by email to: info@urbanaflex.com.
4. The Buyer may use the withdrawal form provided by the Seller; however, use of the form is not mandatory. To meet the withdrawal deadline, it is sufficient to send an unequivocal statement of withdrawal before the period expires.
5. To facilitate the handling of the return, the Seller recommends that the statement of withdrawal or the withdrawal form include, in particular: the Order number, the Buyer's details, the name of the Goods being returned, the date of receipt of the Goods, an email address and a bank account number, if the refund is to be made by bank transfer.
6. In the event of withdrawal, the Agreement shall be deemed not to have been concluded.
7. The Consumer or the Entrepreneur with consumer rights must return the Goods to the Seller without undue delay, and no later than 14 days from the day on which they withdrew from the Agreement. To meet the deadline, it is sufficient to send back the Goods before it expires.
8. The Goods should be returned to the address indicated by the Seller after receipt of the statement of withdrawal or, if the Seller does not indicate another address, to the Seller's registered office address.
9. The Consumer and the Entrepreneur with consumer rights shall bear the direct costs of returning the Goods in the event of withdrawal, including the costs of packaging, securing and return transport of the Goods, unless the Seller has expressly agreed to bear them or the law provides otherwise.
10. For bulky Goods, return costs may be significantly higher than the cost of a standard courier shipment. The Consumer and the Entrepreneur with consumer rights are obliged to arrange the return of the Goods themselves and at their own expense, unless the Seller proposes another way of organising the return.
11. The Seller does not accept return shipments sent cash on delivery or at the Seller's expense, unless the Seller has expressly accepted such a method of return in advance.
12. Goods returned following withdrawal should be properly secured for transport, taking into account their dimensions, weight, value, nature and susceptibility to damage.
13. If the Goods were delivered on a pallet, with transport protection, in protective packaging or with protective elements, the Buyer should return the Goods in a manner ensuring at least an equivalent level of protection during return transport.
14. The Consumer and the Entrepreneur with consumer rights shall be liable for any diminished value of the Goods resulting from handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
15. Handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods may include, in particular:
a. installing the Goods;
b. anchoring the Goods;
c. using the Goods outdoors;
d. filling a bin or container with waste, sand, water or other substances;
e. soiling the Goods;
f. scratches, dents, mechanical or chemical damage;
g. removal of protective elements, where this reduces the value of the Goods;
h. missing components, instructions, accessories, screws, keys, end caps or other parts supplied with the Goods;
i. returning the Goods without adequate protection, resulting in damage.
16. Where a reduction in the value of the Goods is found, the Seller may deduct the corresponding amount from the payments refunded to the Buyer or claim it from the Buyer in accordance with the applicable law.
17. The Seller shall refund payments received from the Consumer or the Entrepreneur with Consumer Rights, including the cost of the cheapest standard delivery method offered by the Seller at the time of the Order, without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal.
18. If the Consumer or the Entrepreneur with Consumer Rights has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller shall not refund the additional delivery costs.
19. The Seller may withhold the refund until the Goods have been received back or until the Consumer or the Entrepreneur with Consumer Rights has supplied proof of having sent them back, whichever occurs first.
20. The refund shall be made using the same means of payment as was used for the Order, unless the Consumer or the Entrepreneur with Consumer Rights expressly agrees to another method of refund which does not involve any costs for them.
21. The right to withdraw from the Contract is not available to a Buyer who is neither a Consumer nor an Entrepreneur with Consumer Rights, unless the Seller expressly agrees to a return in an individual case.
§11. Exclusions from the right to withdraw from the Contract
1. The right to withdraw from the Contract does not apply in the cases specified by law, in particular in respect of a Contract:
a. for the supply of Custom Goods;
b. for the supply of non-prefabricated Goods, made to the specifications of the Consumer or the Entrepreneur with Consumer Rights or intended to meet their individual needs;
c. for the supply of Goods which, after delivery, are by their nature inseparably mixed with other items;
d. for the supply of Goods delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging has been opened after delivery;
e. in other cases provided for by mandatory provisions of law.
2. Custom Goods shall include in particular Goods:
a. made to individual dimensions;
b. made in an individual colour scheme, including in a specified RAL colour or another palette;
c. made with individual markings, a logo, coat of arms, print, engraving or plaque;
d. made in an individual configuration;
e. modified from the standard range;
f. assembled according to the Buyer's individual instructions;
g. imported, manufactured or ordered specifically for the Buyer;
h. covered by an individual quotation, where the circumstances indicate that they were prepared for the Buyer's needs.
3. The Buyer acknowledges that any modification of the Goods from the standard range may result in the loss of the right to withdraw from the Contract if the Goods meet the criteria for Custom Goods.
4. Before placing an Order for Custom Goods, the Buyer should carefully check the specification, dimensions, colour, configuration, markings, quantity, intended location and other parameters of the Goods.
5. Where the Goods are custom, the Seller may indicate this on the product page, in the basket, in an individual offer, in correspondence or in the Order confirmation.
6. The inability to withdraw from a Contract concerning Custom Goods does not limit the statutory rights of the Consumer or the Entrepreneur with Consumer Rights where the Goods do not conform to the Contract.
§12. Complaints by Consumers and Entrepreneurs with Consumer Rights
1. The Seller is liable to the Consumer and the Entrepreneur with Consumer Rights for any lack of conformity of the Goods with the Contract in accordance with the Consumer Rights Act.
2. The Goods conform to the Contract if, in particular, the following conform to the Contract: their description, type, quantity, quality, completeness, functionality, compatibility, interoperability and fitness for any particular purpose for which the Consumer or the Entrepreneur with Consumer Rights requires them, of which they informed the Seller no later than at the time of conclusion of the Contract and which the Seller accepted.
3. A complaint may be submitted using the complaint form, if provided by the Seller, or in any other form that allows the complaint to be identified, and then sent:
a. to the e-mail address: info@urbanaflex.com;
b. to the Seller's registered office address.
4. The complaint should include:
a. the Buyer's full name or company name;
b. the Order number;
c. contact details;
d. a description of the non-conformity of the Goods with the Contract;
e. the date on which the non-conformity was discovered;
f. the Buyer's request;
g. photographs or other evidence, if available and if they may facilitate the handling of the complaint.
5. Failure to use the complaint form does not affect the validity of the complaint.
6. A Consumer and an Entrepreneur with consumer rights should submit a complaint without undue delay after discovering the non-conformity of the Goods with the Contract. In the case of transport damage, it is recommended that the matter be reported no later than 24 hours after collection or after the damage is discovered, together with photographic documentation, a damage report, if one has been drawn up, and a description of the condition of the consignment.
7. The time limit indicated in paragraph 6 is intended to enable evidence to be secured promptly and claims to be pursued against the carrier. It does not limit the statutory rights of the Consumer or the Entrepreneur with consumer rights.
8. If the Goods do not conform with the Contract, the Consumer or the Entrepreneur with consumer rights may request repair or replacement of the Goods.
9. The Seller may replace the Goods where the Buyer requests repair, or repair the Goods where the Buyer requests replacement, if bringing the Goods into conformity with the Contract in the manner chosen by the Buyer is impossible or would involve excessive costs for the Seller.
10. If repair and replacement are impossible or would involve excessive costs, the Seller may refuse to bring the Goods into conformity with the Contract.
11. The Consumer or the Entrepreneur with consumer rights may submit a declaration of a reduction in the Price or of withdrawal from the Contract in the cases provided for by law, in particular where:
a. the Seller has refused to bring the Goods into conformity with the Contract;
b. the Seller has not brought the Goods into conformity with the Contract;
c. the non-conformity of the Goods with the Contract persists despite an attempt to bring the Goods into conformity with the Contract;
d. the non-conformity of the Goods with the Contract is so significant that it justifies a reduction in the Price or withdrawal from the Contract without first requesting repair or replacement;
e. it is clear from the Seller's statement or from the circumstances that the Seller will not bring the Goods into conformity with the Contract within a reasonable time or without excessive inconvenience to the Buyer.
12. The Consumer or the Entrepreneur with consumer rights may not withdraw from the Contract if the non-conformity of the Goods with the Contract is minor.
13. The Seller shall process the complaint within 14 days of the date of its receipt.
14. Where it is necessary to supplement information, photographs or documents, or to make the Goods available for assessment, the Seller may ask the Buyer to cooperate to the extent necessary to process the complaint.
15. The Seller shall not be liable for any non-conformity of the Goods with the Contract resulting from causes attributable to the Buyer, in particular improper installation, unloading, use, maintenance or storage, unauthorised modifications, the actions of third parties or use of the Goods other than for their intended purpose, without prejudice to the mandatory rights of the Consumer and the Entrepreneur with consumer rights.
§13. B2B complaints and exclusion of statutory warranty
1. This section applies to Buyers who are neither Consumers nor Entrepreneurs with consumer rights.
2. In B2B relationships, the Seller's liability under the statutory warranty for physical and legal defects of the Goods is excluded to the fullest extent permitted by law.
3. The exclusion of the statutory warranty covers in particular physical defects, legal defects, discrepancies with the description, shortages, damage, unsuitability of the Goods for a particular purpose, differences in parameters, colour differences, manufacturing tolerances, transport damage and other objections concerning the Goods, unless the Seller has fraudulently concealed the defect or mandatory provisions of law provide otherwise.
4. The B2B Buyer is obliged to inspect the Goods and the consignment immediately upon collection and, if it was not possible to detect a defect or shortage upon collection, immediately after it is discovered.
5. Visible transport damage, quantity shortages, damaged packaging, damage to the pallet, a discrepancy in the number of parcels or other visible objections should be reported to the Seller no later than 24 hours after collection of the Goods.
6. Latent defects which could not be detected upon collection despite due diligence should be reported to the Seller no later than 2 working days after their discovery, but no later than 7 days from the date of collection of the Goods, unless the Seller individually confirms a different time limit.
7. The report should include full photographic documentation, a description of the objections, the Order number, the transport document, a damage report, if applicable, and information enabling the matter to be assessed.
8. Failure to give notice within the time limits specified in this section shall result in the B2B Buyer losing its rights against the Seller in respect of defects, shortages, damage or non-conformities, unless mandatory provisions of law provide otherwise.
9. In B2B relationships, the Seller may, at its own discretion, reject the claim, or offer repair, replacement, making up of shortages, a discount, a partial refund of the Price or another amicable solution.
10. In B2B relationships, acceptance of a claim for review does not constitute an admission of liability by the Seller.
11. In B2B relationships, the Buyer may not withhold payment, set off claims or refuse to accept further deliveries on the grounds of a complaint, unless the Seller consents to this or mandatory provisions of law provide otherwise.
§14. Guarantee and complaint rights
1. Goods offered in the Shop may be covered by a quality guarantee provided by the manufacturer, importer, distributor, the Seller or another authorised entity.
2. Information on whether a given item of Goods is covered by a guarantee, as well as its duration and basic terms, may be provided in the Goods description, the Goods product page, the guarantee document, an individual offer, the Order confirmation or another document provided to the Buyer.
3. If Goods are covered by a guarantee, the detailed scope, duration, procedure for making claims, obligations of the guarantor and rights of the Buyer are set out in the guarantee terms applicable to the Goods concerned.
4. The guarantor is the entity specified in the guarantee document, the Goods description, the offer or the guarantee terms. If the guarantee document or information provided to the Buyer indicates that the guarantor is the manufacturer, importer, distributor or another third party, the Seller does not become the guarantor merely by selling the Goods or passing guarantee information on to the Buyer.
5. The Seller may assist the Buyer in contacting the guarantor or forwarding a guarantee claim where organisationally feasible; however, this does not mean that the Seller assumes the guarantor's obligations, unless the Seller expressly and unequivocally acts as the guarantor of the Goods concerned.
6. If no guarantee information is provided for a given item of Goods, this means that the Seller has no information about a separate quality guarantee provided for those Goods. This does not limit the Buyer's statutory rights.
7. A guarantee, if provided, does not exclude, limit or suspend the statutory rights of a Consumer or a Business with Consumer Rights in respect of the Goods' lack of conformity with the Contract.
8. The Buyer may exercise its guarantee rights independently of the complaint rights it holds against the Seller under mandatory provisions of law.
§15. Seller's liability in B2B relationships
1. This section applies exclusively to Buyers who are neither Consumers nor Businesses with Consumer Rights.
2. The Seller's liability towards a B2B Buyer, regardless of the legal basis, is limited to the actual loss incurred by the Buyer and may not exceed the net value of the Order to which the claim relates.
3. The Seller shall not be liable to a B2B Buyer for lost benefits, loss of profit, loss of revenue, loss of contracts, business interruption, substitute costs, indirect, consequential or incidental losses, or losses resulting from delay, unless mandatory provisions of law provide otherwise.
4. The Seller shall not be liable to a B2B Buyer for delays in or non-performance of the Contract resulting from causes beyond the Seller's control, in particular the actions of manufacturers, suppliers or carriers, material shortages, logistical difficulties, force majeure, system failures, decisions of public authorities, transport restrictions, strikes, random events or other circumstances beyond the Seller's reasonable control.
5. In B2B relationships, all lead times and dates for fulfilment, delivery, production, order picking or dispatch are indicative only, unless the Seller has expressly and unequivocally confirmed in writing or by email that a given date is guaranteed, subject to specified consequences.
6. In B2B relationships, a delay in the fulfilment, production, order picking, dispatch or delivery of Goods does not entitle the Buyer to withdraw from the Contract, claim damages, charge contractual penalties, effect a set-off, withhold payment or refuse to accept the Goods if the delay results from circumstances beyond the Seller's control, in particular production, logistical, transport or warehousing reasons, material shortages, or the actions of manufacturers, suppliers, carriers, freight forwarders or logistics operators.
7. The Seller's liability to a B2B Buyer for delay, irrespective of the legal basis of the claim, is excluded to the fullest extent permitted by law and is in any event limited to the net value of the Goods affected by the delay.
8. In B2B relations, the risk of accidental loss of or damage to the Goods passes to the Buyer upon delivery of the Goods to the carrier, freight forwarder, logistics operator or person authorised to collect the Goods, unless the parties expressly agree otherwise or mandatory provisions of law provide otherwise.
9. The B2B Buyer is obliged to exercise due diligence when selecting the Goods, specifying their parameters, assessing their suitability for the intended purpose, and ensuring appropriate conditions for collection, unloading, storage, installation and use.
10. In B2B relations, once the Order has been confirmed as accepted for fulfilment, the Buyer may not cancel the Order, refuse to accept the Goods or unilaterally change the terms of the Order without the Seller's consent. If the Seller consents to the cancellation or amendment of the Order, it may make such consent conditional upon the Buyer covering the costs incurred in connection with fulfilling the Order, in particular the costs of production, order picking, reservation of the Goods, transport, storage, materials, subcontractor work and other justified costs.
§16. Product Reviews
1. The Seller may enable Buyers to post reviews of Goods, Orders or the Shop's service.
2. The rules for publishing reviews may be set out in separate terms or in information available in the Shop.
3. The Seller may take steps to verify whether a review comes from a person who actually purchased or used the Goods.
4. The Seller may refuse to publish a review or remove a review if it:
a. infringes the law;
b. infringes the rights of third parties;
c. contains offensive, vulgar, advertising or spam content, or content unrelated to the Goods;
d. contains personal data that should not be published;
e. is unreliable or false, or comes from a person who cannot be linked to the purchase or use of the Goods.
§17. Personal Data and Cookies
1. The rules for processing the personal data of Buyers and Shop users are set out in the Privacy Policy available on the Shop website.
2. The rules for the use of cookies and similar technologies are set out in the Cookie Policy available on the Shop website.
3. Placing an Order requires the provision of the data necessary for the performance of the Contract, delivery, payment, issuing sales documents and after-sales service.
§18. Amendments to the Terms and Conditions
1. The Seller may amend the Terms and Conditions for valid reasons, in particular in the event of:
a. changes in the law;
b. changes in the way the Shop operates;
c. changes in payment methods;
d. changes in delivery methods;
e. changes in the Seller's details;
f. the introduction of new Shop features;
g. the need to clarify or streamline the provisions of the Terms and Conditions.
2. Orders placed before an amendment to the Terms and Conditions comes into force are governed by the Terms and Conditions in force at the time the Order was placed, unless mandatory provisions of law provide otherwise or the amendment is favourable to the Buyer.
3. The current version of the Terms and Conditions is always available on the Shop website.
§19. Amicable Dispute Resolution
1. The Seller seeks to resolve disputes with Buyers amicably.
2. In the event of a dispute, the Buyer may contact the Seller at the e-mail address info@urbanaflex.com, describing the matter and the proposed means of resolving it.
3. The Seller will endeavour to clarify the matter and present its position or a proposal for resolving the dispute within a reasonable time.
4. A Consumer may use out-of-court complaint handling and redress procedures where these are available under applicable law.
5. The use of out-of-court dispute resolution procedures is voluntary, unless mandatory provisions of law provide otherwise.
6. In B2B relations, the parties undertake first to attempt to resolve the dispute amicably, in particular through an exchange of e-mail correspondence, negotiation or mediation.
7. In B2B relations, the court competent to resolve disputes is the court having local jurisdiction over the Seller's registered office.
8. The provision of clause 7 does not apply to Consumers or to Entrepreneurs with consumer rights, in respect of whom the jurisdiction of the court is determined by generally applicable law.
§20. Final Provisions
1. Contracts concluded via the Shop are governed by Polish law.
2. These Terms and Conditions are not intended to exclude or limit the rights of a Consumer or of an Entrepreneur with consumer rights which cannot be excluded or limited under mandatory provisions of law.
3. In the event of any conflict between the provisions of these Terms and Conditions and mandatory provisions of law, those provisions shall prevail, and the remaining provisions of these Terms and Conditions shall remain in force.
4. In matters not governed by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Civil Code, the Consumer Rights Act and the Act on the Provision of Electronic Services.
5. The following may be appended to these Terms and Conditions:
a. a model Contract withdrawal form – Appendix No. 1;
b. a model complaint form – Appendix No. 2.
Appendices to the Terms and Conditions
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