Regulations

2. ELECTRONIC SERVICES IN AN ONLINE SHOP

2.1. The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - use of the Account is possible after a total of three consecutive steps by the Customer - (1)completing the Registration Form, (2) clicking on the "Create an account" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: name and surname, e-mail address and password.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the address: [email protected]. Or in writing to the address: 124 Swietojanska St., 07-200 Wyszkow
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Confirm Purchase" box on the Web Store page after completing the Order Form. - Up to this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
2.1.2.1. The Order Form Electronic Service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.
2.1.3. Newsletter - using the Newsletter is possible after providing in the "Newsletter" tab visible on the website of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" box. It is also possible to subscribe to the Newsletter by checking the appropriate checkbox when placing an Order - as soon as the Order is placed, the Customer is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: [email protected]. Or in writing to the address: 124 Swietojanska St., 07-200 Wyszkow

2.2. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:(1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in your web browser.
2.3. The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4. Complaint procedure regarding Electronic Services:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions) the Customer may submit, for example:
2.4.1.1. In writing to the address: 124 Swietojanska St., 07-200 Wyszkow;

2.4.1.2. In electronic form via email to: [email protected].

5. THE COST, METHODS AND TIME OF DELIVERY AND RECEIPT OF THE PRODUCT

5.1. Delivery of the Product is available within the European Union.

5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. Costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Customer on the pages of the Online Store in the information bookmark concerning the costs of delivery and during placing the Order, including the moment when the Customer expresses willingness to be bound by the Sales Agreement.

5.3. Personal collection of the Product by the Customer is free of charge.

5.4. The Seller makes available to the Customer the following ways of delivery or collection of the Product:
5.4.1. Courier delivery.

5.5. The term of delivery of the Product to the Customer is up to 7 Business Days, unless a shorter term is specified in the description of a given Product or during the Order placement. In the case of Products with different delivery dates, the delivery date is the longest stated, but it cannot exceed 7 Business Days. The beginning of the period for delivery of the Product to the Customer is calculated as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.5.2. Deadline for Product readiness for collection by the Customer - if the Customer selects personal collection of the Product, the Product will be ready for collection by the Customer within 3 Business Days, unless a shorter deadline is specified in the description of the Product or during the Order placement. In the case of Products with different readiness for collection, the readiness for collection shall be the longest term given, which however may not exceed 3 Business Days. The Customer shall be additionally informed by the Seller about readiness for collection. The beginning of the period of Product readiness for collection by the Customer is counted in the following manner:
5.5.3. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the bank account or settlement account of the Seller.

6. PRODUCT COMPLAINT

6.1. The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

6.2. The Seller is obliged to provide the Customer with the Product without defects. Detailed information regarding the Seller's responsibility for Product defects and the Customer's rights are specified on the website of the Online Store in the information tab regarding complaints.

6.3. A complaint can be submitted by the Customer, for example:
6.3.1. In writing to the address: 124 Swietojanska St., 07-200 Wyszkow

6.3.2. in electronic form via email to: [email protected]

6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

6.5. The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, has demanded replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it is considered that the Seller has recognized the demand as justified.

6.6 .The customer who exercises warranty rights is obliged to deliver the defective Product to the address: 124 Swietojanska St., 07-200 Wyszkow  Both in the case of a Customer who is and is not a consumer, the cost of delivery of the advertised Product shall be borne by the Customer. If, due to the nature of the Product or the manner of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at:https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: [email protected] or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes.

7.3. The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court(for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller's place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at [email protected] and at the consumer hotline number 801 440 220 (hotline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge according to the operator's tariff).

7.4. At http://ec.europa.eu/consumers/odr, there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL

8.1. A consumer who has entered into a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:
8.1.1. In writing to the address: 124 Swietojanska St., 07-200 Wyszkow

8.1.2. in electronic form via email to: [email protected]

8.2. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in point. 11 of the Terms and Conditions and on the website of the Online Shop in the tab on withdrawal from the contract. The consumer may use the sample form, but it is not mandatory.

8.3. The period for withdrawal from the contract begins:
8.3.1. For a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him/her other than a carrier, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;
8.3.2. For other contracts - from the date of conclusion of the contract.

8.4. In the case of withdrawal from the contract concluded at a distance, the contract is considered not concluded.

8.5. The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, all payments made by the consumer, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The consumer may return the Product to the address: 124 Swietojanska St., 07-200 Wyszkow
8.7. The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to pay:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.
8.8.2. The Consumer shall bear the direct costs of returning the Product unless the Seller has made available to the Consumer the option of free return via courier service.
8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the fulfilled performance.

8.9 .The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts:
8.9.1. (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the Seller will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer's specifications or serving to meet his individualized needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right of withdrawal.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Non-Consumers.

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, including the requirement to make a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.

9.4. At the moment of handing over the Product by the Seller to the carrier, the benefits and burdens related to the Product and the danger of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such a case the Seller is not responsible for the loss, loss or damage of the Product resulting from the acceptance of the Product for transport until its delivery to the Customer and for the delay in the transport.

9.5. In the case of sending the Product to the Customer through a carrier, the Customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If the Customer finds that the Product was lost or damaged during transport, he or she is obliged to perform all actions necessary to establish the carrier's liability.

9.6. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer is excluded.

9.7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without indicating the reasons by sending a statement to the Customer.

9.8. The liability of the Service Provider/Seller to the Customer/non-consumer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand PLN. The Service Provider/Seller shall be liable to the Customer/non-consumer only for typical damage foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Customer/non-consumer.

9.9. Any disputes arising between the Seller/Service Provider and the Client/not consumer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

10. FINAL PROVISIONS

10.1. The contracts concluded through the Internet Shop are concluded in Polish.

10.2. Amendment of the Regulations:

10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations; changes in the methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Regulations.
10.2.2. Ifagreements of a continuous nature are concluded on the basis of these Terms and Conditions (e.g. provision of an Electronic Service - Account), the amended Terms and Conditions shall be binding on the Service Recipient if the requirements set out in Article. 384 and 384[1] of the Civil Code, i.e. the Customer was correctly notified of the amendments and did not terminate the agreement within 14 calendar days of the notification. If the amendment to the Regulations results in the introduction of any new fees or an increase in the current Consumer Customer has the right to withdraw from the contract.
10.2.3. In the event of concluding contracts under these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), amendments to the Terms and Conditions shall in no way affect the rights acquired by Customers/Customers who are consumers before the date of entry into force of the amendments to the Terms and Conditions, in particular, amendments to the Terms and Conditions shall not affect orders already placed or submitted and Sales Agreements concluded, performed or completed.
10.3 In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: The Civil Code; the Act on Provision of Electronic Services of 18 July 2002. (Journal of Laws of 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers - provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of 2 March 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on special conditions of consumer sales and on the amendment of the Civil Code of 27 July 2002. (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - provisions of the Act on Consumer Rights of 30 May 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.
10.4 These Terms and Conditions do not exclude provisions in force in the country of habitual residence of the consumer concluding a contract with the Service Provider/Seller, which cannot be excluded by contract. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to him/her on the basis of regulations which cannot be excluded by contract.

 

11. MODEL WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)