TERMS AND CONDITIONS OF THE ONLINE STORE “THEBLACKPILLOW.COM”

Effective as of: August 12, 2026

TABLE OF CONTENTS

  1. Definitions

  2. Seller Information & Contact Details

  3. Scope of Services & Technical Requirements

  4. Registration and Placement of Orders

  5. Prices, Taxes (VAT-OSS), and Payment Methods

  6. Execution of Orders and Cross-Border Shipping

  7. Right of Withdrawal (Cancellation) & Crucial Hygiene Exception

  8. Conformity of Goods with the Contract (Statutory Warranty & Complaints)

  9. Out-of-Court Dispute Resolution (ODR)

  10. Protection of Personal Data (GDPR) & Cookie Policy Integration

  11. Environmental Compliance (EPR) & Final Provisions

  12. Appendix 1: Model Withdrawal Form

§ 1. DEFINITIONS

  1. Seller – Wojciech Oleksiejuk, operating a sole proprietorship (jednoosobowa działalność gospodarcza) registered in the Central Register and Information on Economic Activity (CEIDG) of the Republic of Poland under the business name: Falco Wojciech Oleksiejuk, with its registered office at: ul. Płocka 15/80, 01-231 Warsaw, Poland, NIP (Tax Identification Number): PL5272749832, REGON: 362943505, e-mail address: hello@theblackpillow.com.

  2. Store – The online e-commerce platform operating at the address www.theblackpillow.com, selling premium, microplastic-free bedding products (including natural wool and cotton sateen pillows).

  3. Buyer (or Customer) – Any natural person, legal person, or organizational unit with legal capacity making a purchase or using services of the Store.

  4. Consumer – A natural person entering into a transaction with the Seller for purposes that are outside their trade, business, craft, or profession (in accordance with Article $2(1)$ of EU Directive 2011/83/EU and Article $22^1$ of the Polish Civil Code).

  5. Privileged Entrepreneur (Sole Trader with Consumer Rights) – A natural person concluding a contract directly related to their business activity, when the content of this contract shows that it does not have a professional character for them (applicable to contracts governed by Polish law).

  6. Regulations – These terms and conditions, which constitute a model contract under Polish law, regulating the mutual rights and obligations between the Seller and the Buyer.

  7. Hygiene Seal – The protective, tamper-evident, hermetically sealed transparent packaging (e.g., a sealed plastic wrap or branded security tape) in which pillows or other health/hygiene-sensitive bedding products are delivered to protect them from environmental contaminants and usage before a return decision.

§ 2. SELLER INFORMATION & CONTACT DETAILS

For any inquiries, returns, complaints, or support, the Buyer can contact the Seller using the following coordinates:

  • Postal Address (Registered Office): Falco Wojciech Oleksiejuk, ul. Płocka 15/80, 01-231 Warsaw, Poland

  • Return Address (Warehouse): Falco Wojciech Oleksiejuk, ul. Płocka 15/80, 01-231 Warsaw, Poland (or another designated address provided in writing by the Seller during the return workflow)

  • Email Address: hello@theblackpillow.com

§ 3. SCOPE OF SERVICES & TECHNICAL REQUIREMENTS

  1. The Store provides services electronically by enabling Buyers to view the catalog, register an account, and place orders for goods using the WooCommerce infrastructure.

  2. To use the Store, the Buyer must have:

    • An active internet connection.

    • A web browser supporting JavaScript and Cookie files (updated to the latest version).

    • An active, accessible email address.

  3. The Store uses Complianz | GDPR/CCPA Cookie Consent to manage cookie compliance and consent. No non-essential cookies (such as tracking scripts, including Meta Pixel, loaded by PixelYourSite or Site Kit by Google) will be executed on the Buyer’s browser unless the Buyer provides explicit, active consent via the Complianz interface.

  4. The Buyer is prohibited from providing illegal or deceptive content, or attempting to compromise the security architecture of the Store.

§ 4. REGISTRATION AND PLACEMENT OF ORDERS

  1. Orders can be placed as a registered guest or via a registered User Account.

  2. To place an order, the Customer must:

    • Select the product(s), configure options if applicable, and add them to the virtual cart.

    • Proceed to the checkout page.

    • Provide the required contact details, billing address, and exact cross-border shipping address.

    • Choose a shipping method and a payment gateway.

    • Acknowledge and accept these Regulations (via an explicit checkbox) and click the “Order with obligation to pay” (or local equivalent) button.

  3. Upon clicking the purchase button, a binding contract of sale is concluded between the Seller and the Buyer.

  4. The Seller will immediately send an automated confirmation of the order to the Customer’s email address, containing the essential terms of the contract on a durable medium.

§ 5. PRICES, TAXES (VAT-OSS), AND PAYMENT METHODS

  1. All prices listed on the website are displayed in Euros (EUR) or other regional currencies where applicable and are inclusive of the applicable Value Added Tax (VAT) in accordance with the destination country’s tax rate under the EU VAT-OSS (One-Stop Shop) system.

  2. Shipping costs are not included in the product price and are calculated and shown separately at the checkout stage, before the Buyer finalizes the order. Standard shipping (both domestic within Poland and cross-border within the EU) is free of charge for all orders with a total cart value of 199 EUR or more.

  3. The Store supports secure payment gateways. The primary card processing and electronic payment systems are operated by:

    • Stripe (supporting Credit/Debit cards, Apple Pay, Google Pay, and other regional payment schemes).

  4. Payment must be processed immediately upon placing the order. If payment is not received within $7\text{ calendar days}$, the order may be cancelled.

§ 6. EXECUTION OF ORDERS AND CROSS-BORDER SHIPPING

  1. The Seller ships products from Poland to Member States of the European Union.

  2. Delivery times consist of the order processing time (typically $1 \text{ to } 3 \text{ business days}$) and the carrier transit time. Estimated delivery windows depend on the country of destination and are explicitly displayed during checkout.

  3. The goods are delivered via third-party logistics partners, primarily:

    • DPD

    • Other carriers such as DHL, UPS, InPost, or GLS depending on the country of destination and local service availability.

  4. The Seller is legally obligated to deliver goods free from defects.

  5. The Buyer is highly encouraged to inspect the outer packaging of the parcel upon delivery. If visible damage to the parcel is observed, the Buyer should request the courier to draw up a damage report (protokół szkody) to facilitate any shipping-related claims.

§ 7. RIGHT OF WITHDRAWAL & CRUCIAL HYGIENE EXCEPTION

  1. Standard Right: A Consumer or a Privileged Entrepreneur residing in the European Union has the right to withdraw from this contract within $14\text{ calendar days}$ without giving any reason, subject to the hygiene provisions below.

  2. The Withdrawal Period: The withdrawal period expires $14\text{ days}$ from the day on which the Consumer (or a designated third party other than the carrier) acquires physical possession of the goods.

  3. The Crucial Hygiene and Health Protection Exception:

    • Pursuant to Article $16(e)$ of the EU Consumer Rights Directive (2011/83/EU) (and its Polish transposition in Article $38$, point $5$ of the Act on Consumer Rights), the right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery.

    • Application to Our Products: Due to the organic, high-purity nature of our premium wool and cotton bedding items (which are meant for direct bodily contact and are susceptible to absorbing bodily fluids, hair, dust mites, and odors), all our pillows are delivered in sealed, transparent protective packaging (Hygiene Seal).

    • The Buyer explicitly acknowledges that opening, breaking, or tampering with the physical Hygiene Seal / transparent protective wrapping of the pillow voids their right of withdrawal.

    • If the physical Hygiene Seal is completely intact and unbroken, the Consumer can return the product within the $14\text{-day}$ window.

  4. Exercising the Right: To exercise the right of withdrawal, the Customer must inform the Seller (via post or email to hello@theblackpillow.com) of their decision to withdraw from the contract by an unequivocal statement. The model form in Appendix 1 may be used but is not mandatory.

  5. Effects of Valid Withdrawal:

    • If the Customer withdraws from this contract with the Hygiene Seal intact, the Seller will refund all payments received, including the costs of delivery (with the exception of supplementary costs resulting from the choice of a delivery type other than the least expensive standard delivery offered by the Store).

    • The reimbursement will be processed using the same payment method used for the initial transaction, no later than $14\text{ days}$ from the day the Seller is informed of the decision to withdraw. The Seller may withhold reimbursement until the goods have been received back or the Customer has supplied proof of sending back the goods, whichever is earliest.

    • The Customer must return the goods to the return address provided in § 2 without undue delay and in any event no later than $14\text{ days}$ from the day of withdrawal notification.

    • Return Costs: The Customer bears the direct costs of returning the goods.

§ 8. CONFORMITY OF GOODS WITH THE CONTRACT (WARRANTY & COMPLAINTS)

  1. The Seller is liable to the Customer if the purchased goods do not conform to the contract at the time of delivery.

  2. Applicable Cross-Border Rules (Rome I Regulation):

    • While the contract is governed by Polish law, under Article $6(2)$ of the Rome I Regulation, Consumers also enjoy the protection of mandatory provisions of the law of the country where they have their habitual residence.

    • Therefore, statutory warranty periods, presumptions of lack of conformity, and rights of cure conform to the consumer’s local laws. In accordance with the comparative frameworks from EU E-commerce Legal Compliance, this includes:

      • Poland / Germany / France: A minimum of $2\text{ years}$ of seller liability for lack of conformity.

      • Sweden: $3\text{ years}$ of seller liability for lack of conformity.

      • Ireland: $6\text{ years}$ of statutory limitation on claims for defective goods.

  3. Hierarchy of Remedies (Right to Cure):

    • In the event of a lack of conformity, the Customer is entitled to request repair or replacement of the goods.

    • The Seller may refuse to bring the goods into conformity if repair or replacement is impossible or would impose disproportionate costs on the Seller.

    • The Customer may demand a proportionate reduction of the price or the termination of the contract (refund) only if:

      • The Seller has not completed repair or replacement within a reasonable time.

      • The lack of conformity persists despite the Seller’s attempt to bring it into conformity.

      • The lack of conformity is of such a serious nature as to justify an immediate price reduction or termination.

  4. How to Submit a Complaint:

    • All complaints should be directed to the email address: hello@theblackpillow.com or sent by mail to the registered office address.

    • The complaint should contain the Customer’s details, order number, a description of the defect, and, if possible, photographic evidence.

  5. The Seller will respond to any consumer complaint within $14\text{ calendar days}$ of its receipt.

§ 9. OUT-OF-COURT DISPUTE RESOLUTION (ODR)

  1. The European Commission provides an online platform for alternative dispute resolution (ODR), designed to help consumers settle disputes out of court for transactions conducted online. The ODR platform is accessible via the link: https://ec.europa.eu/consumers/odr.

  2. Under Articles $17\text{–}19$ of the Brussels Ibis Regulation (EU 1215/2012), Consumers retain the absolute right to bring legal proceedings against the Seller before the competent courts of their own country of habitual residence.

§ 10. PROTECTION OF PERSONAL DATA (GDPR) & COOKIE POLICY INTEGRATION

  1. The Administrator of the personal data collected through the Store is the Seller.

  2. The processing of personal data is carried out in strict accordance with the General Data Protection Regulation (GDPR) (EU 2016/679).

  3. Personal data is processed for the performance of the sales contract (Art. $6(1)(b)$ GDPR), compliance with tax and accounting obligations (Art. $6(1)(c)$ GDPR), and the legitimate interests of the Seller (Art. $6(1)(f)$ GDPR) such as defense against legal claims.

  4. For comprehensive information regarding data processing, retention periods (including the $10\text{-year}$ retention rule for cross-border VAT-OSS transaction auditing), third-party data processors (logistics, payment gateways), and your rights (access, rectification, erasure, restriction, objection), please consult our Privacy Policy available on the website.

§ 11. ENVIRONMENTAL COMPLIANCE (EPR) & FINAL PROVISIONS

  1. Extended Producer Responsibility (EPR):

    • The Seller complies with national and European waste management and packaging laws (including Poland’s BDO, Germany’s LUCID registry, and France’s CITEO requirements).

    • Starting August 12, 2026, all packaging materials used for shipping conform with the EU Packaging and Packaging Waste Regulation (PPWR), ensuring certified levels of recyclability and strict compliance with limits for per- and polyfluoroalkyl substances (PFAS) (specifically under $25\text{ ppb}$ for single PFAS and $250\text{ ppb}$ for the sum of PFAS compounds).

  2. Governing Law: This contract shall be governed by and construed in accordance with the laws of the Republic of Poland, without prejudice to any mandatory consumer protection rights granted to the Consumer by the laws of their country of residence (Rome I Regulation).

  3. Severability: If any provision of these Regulations is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

  4. The Seller reserves the right to amend these Regulations for valid technical, legal, or organizational reasons. Any change will be published on the Store’s website at least $14\text{ days}$ before taking effect. Orders placed before the amendment comes into force shall be governed by the Regulations in effect at the time the order was placed.

APPENDIX 1: MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the contract and the product’s Hygiene Seal is still fully intact and unbroken).

  • To: Falco Wojciech Oleksiejuk, ul. Płocka 15/80, 01-231 Warsaw, Poland

  • Email: hello@theblackpillow.com

  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):

  • Ordered on (*)/received on (*):

  • Name of consumer(s):

  • Address of consumer(s):

  • Signature of consumer(s) (only if this form is notified on paper):

  • Date:

(*) Delete as appropriate.