Regulations of the online store platform 

Sales Regulations

https://www.dambat.pl

Terms and conditions of the online store platform 

Terms of Sale

https://www.dambat.pl

 

 

§1 Basic definitions

§2 General provisions

§3 Terms of service 

§4 Terms of the agency agreement

§5 Order fulfillment

§6 Delivery

§7 Payment methods

§8 Warranty

§9 Withdrawal

§10 Complaint procedure

§11 Liability

§12 Extrajudicial methods of dealing with complaints and pursuing claims

§13 Provisions regarding entrepreneurs

§14 Final provisions

§1 Basic definitions

§2 General provisions

§3 Terms and conditions of service 

§4 Terms and conditions of the brokerage agreement

§5 Order execution

§6 Delivery

§7 Payment methods

§8 Warrants

§9 Withdrawal

§10 Complaint procedure

§11 Liability

§12 Alternative Dispute Resolutions

§13 Provisions concerning entrepreneurs

§14 Final provisions

 

Introduction

 

 Dear Customer, these Regulations regulate the manner of concluding sales contracts between the customer and the seller of goods/services via the above-mentioned website, the rules for the implementation of these contracts, including delivery, rights and obligations arising from applicable law and the procedure for withdrawal from the contract and complaint procedure. The Regulations consist of four main parts: 

  1. in § 1 to 3 - general provisions of these Regulations; 

  2. in § 4 to 7 - the process of purchasing Goods/Services is described;

  3. § 8 to 12 - contains regulations related to determining the defectiveness of the Goods/Services as well as the right to withdraw from the contract;

  4. in § 13 and 14 - all other regulations are included. 

Dear Customer, these Regulations regulate the manner of concluding sales contracts between the customer and the seller of goods/services through the above-mentioned website, the rules of execution of these contracts including delivery, rights and obligations under applicable law and the procedure for withdrawal from the contract and the complaint procedure. The Regulations consist of four main parts: 

  1. in § 1 to 3 - are the general provisions of these Regulations; 

  2. in § to 4 to 7 - the process of acquiring the Goods/Services was described;

  3. § 8 to 12 - contains regulations related to the determination of defects in the Goods/Services as well as the right to withdraw from the contract;

  4. § 13 and 14 - includes all other regulations. 

§1 Basic definitions

 

  1. Online store platform - the store located at the address of this website.

  2. Website Owner/Seller – owner of the website. The customer purchases the goods/services from DAMBAT JASTRZĘBSKI SPÓŁKA KOMANDYTOWO-AKCYJNA with its registered office in Adamów, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0001025584, NIP 5291844129, REGON 52380446900000

  3. Address - whenever the Regulations mention the address, it means the following data:

  1. Registered office: Adamów 50, 05-825 Grodzisk Mazowiecki

  2. e-mail address: available in the contact tab

  1. Customer - a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, which has concluded or intends to conclude a sales contract.

  2. Consumer – art. 221 KC: a natural person concluding a legal transaction with the Seller that is not directly related to its business or professional activity.

  3. Sales Agreement - a sales agreement for the Product listed on the above-mentioned website concluded or concluded between the Customer and the Seller via the online store Platform.

  4. Goods – Product, a movable item that the Customer purchases via the online store platform and other sales channels (e.g. Facebook Marketplace or Allegro) from the seller who presents the goods on this website.

  5. Order - the Customer's declaration of will, submitted via the online store platform, specifying: the type and quantity of the Goods included in the goods/service seller's assortment, the method of payment, the method of delivering the Goods, the place of issue of the Goods and the Customer's data.

  6. Order form - an electronic service, a form on an electronic medium available on the Online Store Platform, enabling the submission and execution of an Order, including by adding Products to the electronic basket and specifying the terms of the Sales Agreement between the actual seller and the customer, including the method of delivery and payment.

  7. Order processing time - the time in which the order placed by the Customer will be completed, packed, stamped by the Seller and transferred for delivery using the form of delivery chosen by the Customer via this online store platform.

  8. Working day - one day from Monday to Friday, excluding public holidays.

  9. Price reductions -  possible discounts, PROMOTIONS and price reductions can be checked in the chart next to the displayed product price. The price history will be available for viewing for 30 days. Prices are recorded in a verifiable and automatic manner.

  10. Prices - product prices in the e-shop are fixed at a given time and are not influenced by any pricing algorithms, regardless of how the customer arrives at the website or what browsers he uses. Gender, age, etc. also do not matter

  11. Act on Consumer Rights, Act - Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

  12. GDPR - EU Council Regulation 2016/679 (of April 27, 2016, OJ EU.L. No. 119)

§1 Basic definitions

 

  1. Online store platform - the store located at the address of this website.

  2. Website Owner/Seller - the owner of the website. The Customer purchases goods/services from DAMBAT JASTRZĘBSKI SPÓŁKA KOMANDYTOWO-AKCYJNA with its registered office in Adamowo, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001025584, NIP 5291844129, REGON 52380446900000.

  3. Address - whenever the Regulations refer to the address, it is understood as the following:

  1. Registered office: Adamow 50, 05-825 Grodzisk Mazowiecki

  2. e-mail address: available in the contact tab

  1. Customer - a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, who has concluded or intends to conclude a sales contract. 

  2. Consumer - Article 221 KC: a natural person making a legal transaction with the Seller that is not directly related to his/her economic or professional activity.

  3. Sales Contract - a contract of sale of the Product posted on the aforementioned website concluded or entered into between the Customer and the Seller through the Online Store Platform. 

  4. Merchandise - a Product, a movable item that the Customer purchases via the Online Store Platform and other sales channels (e.g. Facebook Marketplace or Allegro) from a seller who presents the merchandise on this website.

  5. Order - a declaration of will of the Customer, submitted via the online store platform, specifying: the type and quantity of Goods in the seller's assortment of goods/services, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and the Customer's data.

  6. Order Form - an electronic service, a form on an electronic medium available on the Platform of the online store, enabling the placement and execution of an Order, including by means of adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement between the actual seller and the customer, including the method of delivery and payment. 

  7. Order processing time - the time it takes for an order placed by the Customer to be completed, packaged, sealed by the Seller and forwarded for delivery by the delivery method selected by the Customer through this online store platform.

  8. Business day - one day from Monday to Friday excluding public holidays.

  9. Price reductions - possible discounts, PROMOTIONS and price reductions can be checked on the chart next to the displayed product price. Price history will be possible to view for 30 days back. The recording of prices is verifiable and automatic. 

  10. Prices - the prices of products in the e-store are fixed at a given time and are not affected by any pricing algorithms regardless of how the customer arrives at the site, what browsers they use. It also does not matter gender, age, etc.

  11. Law on Consumer Rights, Law - Law of May 30, 2014 on Consumer Rights (Journal of Laws of 2014 item 827 as amended).

  12. GDPR - EU Council Regulation 2016/679 (dated April 27, 2016, Official Journal of the EU.L. No. 119)

 

§2 General provisions

 

  1. The website owner declares that he complies with all required rules for the protection of Customers' personal data, which are provided for, among others, by the Act of May 10, 2018 on the protection of personal data and in accordance with the provisions of the GDPR. and subsequent regulations of the Minister of Internal Affairs and Administration on the documentation of personal data processing and the technical and organizational conditions that should be met by devices and IT systems used to process personal data. The Customer consents to the collection, storage and processing of personal data by the online store platform (intermediary of concluded sales contracts) solely for purposes directly related to the implementation of the ordered Service/Goods. Detailed conditions for the collection, processing and protection of personal data are set out in the "Privacy Policy".

  2. The Seller declares that due to the entry into force throughout Europe of a legal regulation (with the transposition of Directive (EU) 2019/2161 into national law) regarding opinions: entrepreneurs who provide opinions must inform whether and how it is ensured that the published opinions come from consumers who have used or purchased a given product. The measures taken for this purpose must be specifically mentioned.

  3. We declare that the opinions posted on our website come from real customers who have purchased and used our products. The opinions were issued in accordance with the request sent after confirming that the goods had been delivered to the customer. We anticipate the possibility of importing opinions posted in the Google tab in the business card section of our company. Opinions may also come from the Allegro portal. We promise to complete all formalities and efforts to ensure that the opinions are real and true and that those issued inappropriately are deleted.

  4. When placing orders, The Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate box in the form. To complete the order, it is necessary to accept the provisions of the regulations. We would like to inform you that the conclusion is reached Sales contracts via the Internet and acceptance of the regulations entail the obligation to pay for the ordered Goods to the seller. 

  5. The data controller applies appropriate technical and organizational measures to ensure the protection of personal data, depending on the threats and categories of data protected. First of all, it protects data against being made available, taken away, processed, lost, changed, damaged or destroyed by unauthorized persons. The detailed scope of protection is regulated in accordance with the requirements in the Personal Data Protection policy (security policy, personal data protection regulations, IT system management instructions). 

  6. Each person whose data is processed has the right to:

  1. supervising and controlling the processing of personal data, for which the Administrator maintains a collection of customer data in the above-mentioned store;

  2. determining who the data controller is, determining his address, seat and name, if the controller is a natural person, determining his name and surname and place of residence;

  3. obtaining information about the purpose, scope, method and time of processing data contained in such a file;

  4. obtaining information in a generally understandable form about the content of these data;

  5. knowing the source from which the data relating to it comes, unless the data controller is obliged to keep classified information secret or to maintain professional secrecy in this respect;

  6. request supplementing, updating, rectifying personal data, temporarily suspending or deleting them if they are incomplete, outdated, untrue or were collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.

  1. In accordance with point 6, the Customer has the right to inspect the content of processed personal data, correct it, and request the deletion of this data. The personal data administrator is obliged to supplement, update, rectify the data, temporarily or permanently suspend processing or delete them from the file on an ongoing basis and immediately after notification, unless the request concerns personal data, the mode of supplementing, updating or rectifying them is specified in separate provisions of law, including the Act. 

  2. In the process of finalizing the order, the Customer consents to the collection and processing of personal data by the Administrator within the meaning of the Act of May 10, 2018 on the protection of personal data and in accordance with the provisions of the GDPR. Data may be transferred to another entity only when legally required or necessary for the execution of the order by sellers whose goods are presented on this online store platform.

  3. The Customer may consent to receiving advertising and commercial information from the Administrator electronically by subscribing to the NEWSLETTER.

  4. The Customer using the Online Store Platform Services provided via this website is obliged to comply with these Regulations to the extent necessary to complete the order and is not inconsistent with applicable law and the principles of social coexistence.

  5. All presented Goods were introduced to the Polish market in a legal manner and in accordance with legal regulations. Information regarding the Goods available on the website of the online store Platform constitutes only an invitation to conclude a contract within the meaning of Art. 71 of the Act of 23 April 1964 of the Civil Code. 

  6. An entrepreneur running a sole proprietorship, if he makes a purchase that is not related to his business, has the right to withdraw from the contract within 14 calendar days from the moment the Customer or a third party indicated by him other than the carrier takes possession of the Goods.

  7. Article 556(4) The consumer provisions contained in this section, with the exception of Article. 558 § 1, second sentence, applies to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Business.

  8. Verification of whether a given activity is of a professional nature will be based on CEiDG - Central Registration and Information on Economic Activity - and specifically on the PKD codes entered there, specifying the types of economic activity. 

  9. Entrepreneurs running a sole proprietorship will be entitled to:

  • prohibited clauses used in standard contracts;

  • warranty for defects in the sold item;

  • recourse claim against the previous seller in connection with performance 

  • consumer complaints;

  • the right to withdraw from a contract concluded remotely or off-premises within 14 days;

  1. Consumer provisions contained in Art. 385(1)-385(3) CC [concerning prohibited contractual provisions] shall apply to a natural person concluding a contract directly related to his or her business activity, when the content of this contract shows that it does not have a professional character for him, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.

  2. Entrepreneurs running a sole proprietorship will still not be entitled to use the assistance of institutions supporting consumers in protecting their rights, including the assistance of District/Municipal Consumer Ombudsmen or the Office of Competition and Consumer Protection.

§2 General provisions

 

  1. The Owner of the site declares that it complies with all required rules for the protection of Customers' personal data as provided for, among others, by the Act of May 10, 2018 on the protection of personal data and in accordance with the provisions of the GDPR and subsequent regulations of the Minister of Internal Affairs and Administration with regard to documentation of personal data processing and technical and organizational conditions to which devices and IT systems used for personal data processing should correspond. The Customer consents to the collection, storage and processing of personal data by the Online Store Platform (intermediary of the concluded sales contracts) only for the purpose directly related to the performance of the ordered Service/Goods. Detailed terms and conditions for the collection, processing and protection of personal data are set forth in the "Privacy Policy".

  2. The vendor declares that due to the entry into force throughout Europe of a legal regulation (with the transposition of Directive (EU) 2019/2161 into national law) on reviews: traders who provide reviews must indicate whether and how it is ensured that published reviews come from consumers who have used or purchased the product. Measures taken for this purpose must be specifically mentioned.

  3. We declare that the reviews posted on our website are from actual customers who have purchased and used our products. The reviews were issued according to the request sent to us after confirming that the goods have reached the customer. We anticipate the possibility of importing reviews posted on Google in the business cards section of our company reviews can also come from the Allegro portal. We promise to complete all formalities and efforts to ensure that the opinions are real and correspond to the truth and those issued improperly were removed.

  4. When placing an order, the customer has the opportunity to read the Regulations, accepting their content by marking the appropriate box in the form. Acceptance of the Terms and Conditions is necessary to complete the order. Please be informed that the conclusion of the Sales Agreement via the Internet and acceptance of the Regulations entails the obligation to pay for the ordered Goods to the seller. 

  5. The data controller shall apply appropriate technical and organizational measures to ensure the protection of personal data authoritative to the risks and categories of data to be protected. First of all, it protects data from being accessed, taken, processed, lost, altered, damaged or destroyed by unauthorized persons. The detailed scope of protection is regulated in accordance with the requirements in the Personal Data Protection Policy (Security Policy, Personal Data Protection Regulations, IT System Management Instruction). 

  6. Every person whose data is processed has the right to:

  1. Supervise and control the processing of personal data for which the Administrator maintains a collection of customer data from the aforementioned store;

  2. to determine who the data controller is, to determine its address, headquarters, name, in a situation where the controller is an individual to determine his name and place of residence;

  3. obtain information about the purpose, scope, manner, time of processing of the data contained in such collection;

  4. to obtain information in a commonly understood form of the content of such data;

  5. to know the source from which the data to which it pertains originated, unless the data controller is obliged to keep classified information or professional secrecy in this regard;

  6. demand that personal data be supplemented, updated, rectified, temporarily suspended or deleted if it is incomplete, outdated, untrue or was collected in violation of the law or is no longer necessary for the purpose for which it was collected.

  1. The customer, in accordance with Section 6, has the right to inspect the contents of the processed personal data, to correct them, as well as to request the deletion of such data. The controller of personal data is obliged, to supplement, update, correct the data, temporarily or permanently suspend the processing or delete them from the collection on an ongoing basis and immediately after the request, unless the request concerns personal data, as to which the procedure for supplementing, updating or correcting them is determined by separate provisions of law including the Law. 

  2. In the process of finalizing the order, the customer agrees to the collection and processing of personal data by the Administrator within the meaning of the Act of May 10, 2018 on the protection of personal data and in accordance with the provisions of the GDPR. The data may be transferred to another entity only in situations legally required or necessary for the execution of the order placed by the vendors whose goods are presented on this online store platform.

  3. The Customer may agree to receive advertising and commercial information from the Administrator electronically by subscribing to the NEWSLETTER.

  4. The customer using the Services of the online store platform implemented through this website is obliged to comply with these Regulations to the extent that is necessary for the execution of the order placed and is not contrary to applicable law and the principles of social coexistence.

  5. All presented Goods have been legally and legally introduced into the Polish market. Information regarding the Goods on the website of the Online Store Platform constitutes only an invitation to conclude a contract within the meaning of Article 71 of the Act of April 23, 1964 of the Civil Code. 

  6. A sole trader, if he makes a purchase that is not related to his business, has the right to withdraw from the contract within 14 calendar days from the moment the Goods take possession of the Customer or a third party designated by him other than the carrier.

  7. Article 556(4) The provisions contained in this Section concerning the consumer, with the exception of the second sentence of Article 558(1), shall apply to an individual who enters into a contract directly related to his business activity, when it is apparent from the content of the contract that it does not have a professional character for that person, arising in particular from the subject matter of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

  8. Verification of whether an activity is of a professional nature will be based on CEiDG - the Central Register and Information on Business Activity - and more specifically on the PKD codes entered there, which define types of business activity. 

  9. Sole proprietors will be empowered in the field:

  • Illegal clauses used in contractual models;

  • Warrants for defects of the sold thing;

  • recourse claim to the previous seller in connection with the performance of the consumer's complaint;

  • The right to withdraw from a contract concluded at a distance or off-premises within 14 days;

  1. The consumer provisions contained in Articles 385(1)-385(3) of the Civil Code. [concerning prohibited contractual provisions] shall apply to an individual who enters into a contract directly related to his business activity, when it is apparent from the content of the contract that it does not have a professional character for him, arising in particular from the subject matter of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

  2. Sole proprietors will still not be entitled to the assistance of institutions that support consumers in protecting their rights, including County/Municipal Consumer Ombudsman or the OCCP.

§3 Terms of service 

 

  1. This online store platform provides services electronically; the condition for entering into the contract is, first of all, completing the online order form in order to conclude a sales contract with the seller whose goods are presented on the website. Entering into the contract is voluntary. 

  2. The contract for the provision of services is concluded electronically by enabling the Customer to complete the order form, the contract is concluded for a fixed period of time when the Customer begins to fill out the form and is terminated when he withdraws from completing the form or when the completed form is sent to the Seller. The process of completing the order form is organized so that each Customer has the opportunity to read it before deciding to conclude a contract or amend the contract. 

  3. Through the platform, as well as other sales channels used by the Seller, it is possible to conclude a sales contract directly from the Seller and entities cooperating with him. 

  4. The service specified in point 1 is provided free of charge, but may require access to the Internet. 

  5. You can place an order electronically 24 hours a day. 24 hours a day, 7 days a week.

  6. When finalizing the purchase, the customer selects the option in the appropriate order window: "I consent to the store processing my personal data contained in the order form for the purpose and scope necessary to complete the order." – it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawing from concluding the contract.

  7. Pursuant to Art. 8 section 2 GDPR, the administrator, taking into account available technology, makes reasonable efforts to verify whether the person exercising parental authority or custody of a child (under 16 years of age) has consented or approved it.

  8. The Customer's costs related to access to the Internet and data transmission are borne exclusively by the Customer in accordance with the tariff of the supplier with whom the customer signed an agreement for the provision of Internet services.

§3 Terms and conditions of service 

 

  1. This Platform of the online store provides services by electronic means, the condition for entering into a contract is, first of all, to fill in the online order form to conclude a sales contract with the seller whose goods are presented on the site. Joining the contract is voluntary. 

  2. The contract for the provision of services is concluded electronically in the form of allowing the Customer to fill in the order form, the contract is concluded for a definite period of time when the Customer proceeds to fill in the form and is terminated when the completed form is withdrawn or when the completed form is sent to the Seller. The process of filling out the order form is organized in such a way that each Customer has the opportunity to review it before deciding to conclude a contract or to amend the contract. 

  3. Through the platform, as well as other sales channels used by the Seller, it is possible to conclude a sales contract directly from the Seller and its affiliates. 

  4. The service specified in item. 1 is provided free of charge, but may require access to the Internet. 

  5. You can place an order electronically 24 hours a day, 7 days a week.

  6. The customer, when finalizing the purchase in the appropriate order box, selects the option "I consent to the processing by the store of my personal data contained in the order form for the purpose and to the extent necessary for the execution of the order." - it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the conclusion of the contract.

  7. Pursuant to Article 8(2) of the GDPR, the controller shall, taking into account available technology, make reasonable efforts to verify that the person with parental authority or custody of the child (under 16 years of age) has given or approved consent.

  8. The Customer's costs related to Internet access and data transmission are borne solely by the Customer in accordance with the tariff of its provider with whom the Customer has signed an Internet service contract.

§4 Terms of the contract 

 

  1. In order to conclude a valid and binding Sales Agreement, the Customer makes a selection in accordance with the offer displayed on this Platform and on other sales channels, specifying the quantity of the Goods he intends to purchase and, if possible, indicating the features of the ordered Product and its specification, respectively. Together with the selection of the Goods, the Customer completes the online order form, specifying the data necessary for the Seller to complete the order, such as, for example, quantities, place of delivery and payment methods, based on the messages displayed to the Customer and information available on the website and contained in these Regulations. 

  2. Registration of a Customer Account on the Online Store Platform is voluntary and free of charge. The process of registering an account on the Online Store Platform for Entrepreneurs and Consumers is regulated separately. 

  3. Immediately after receiving the order, the Customer is sent electronically to the e-mail address provided when placing the order, a declaration of acceptance of the order, which also constitutes its confirmation. When the Customer receives the message, a sales contract is concluded between the Customer and the Seller.

  4. The message summarizing and confirming the order contains all previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, its specification in the case of ordering Goods with individual properties specified by the Customer, the total price to be paid (specified in Polish zlotys) along with delivery costs and the amount of discounts granted (if applicable). The price for users registered as Entrepreneurs (point 2 above) is given as a net price. 

  5. If the Customer has a larger number of discounts from several sources/promotions, they may be combined/added only if it is expressly specified in the Promotion Regulations. If there is no provision on how to combine different promotions/discounts, you can only choose one discount (one promotion) for a given purchase. 

  6. Within the Portal, the Customer can use the following functionalities: 

  • User registration and authorization – ability to register new company accounts.

  • Option to display personalized prices, discounts and promotions.

  • Order management - placing orders, order history and their statuses (sent, completed, etc.) along with assigning consignment note numbers to sent orders.

  • Monitoring product availability in real time.

  • Displaying contractor data, merchant limit, amount of limit used and payment dates.

  • Displaying sales representative details.

  • Accept changes electronically.

  • Shopping cart.

  • Service support – ability to submit complaints and track their status.

  • Data access management and GDPR compliance.

 

§4 Terms and conditions 

 

  1. In order to conclude a valid and binding Sales Contract between the parties, the Client shall make a selection in accordance with the displayed offer on this Platform and on other sales channels, specifying the quantity of Goods he intends to purchase and, if possible, indicating the characteristics of the ordered Product and its specifications, respectively. Together with the selection of the Goods, the Customer shall complete the online order form, indicating in it the data necessary for the Seller to execute the order such as, for example, quantities, place of delivery and forms of payment, based on the messages displayed to the Customer and the information available on the Site and contained in these Terms and Conditions. 

  2. Registration of a Customer Account on the Online Store Platform is voluntary and free of charge. The process of account registration in the Online Store Platform for Businesses and Consumers is regulated separately. 

  3. Immediately upon receipt of the order, a statement of acceptance of the order, which is also a confirmation of the order, is sent to the customer by e-mail to the e-mail address provided during order placement. Upon receipt of the message by the customer, a sales contract between the customer and the seller is concluded.

  4. The message summarizing and confirming the order contains all previously agreed terms and conditions of the sales contract, in particular the quantity and type of ordered Goods, their specification in case of ordering Goods with individual characteristics specified by the Client, the total price to be paid (specified in Polish zlotys) together with delivery costs and the amount of discounts granted (if applicable). The price for users registered as Entrepreneurs (item 2 above) is given as a net price. 

  5. If the Customer has more than one discount from several sources/promotions, they are subject to combining/summing only if expressly stated in the Terms and Conditions of the promotion. In the absence of a provision on how to combine different promotions/rebates, only one rebate (one promotion) may be selected for a given purchase. 

  6. Within the Portal, the customer can use the following functionalities: 

  • Registration and authorization of users - the ability to register new company accounts.

  • Option to display personalized prices, discounts and promotions.

  • Order management - placing orders, order history and their statuses (shipped, completed, etc.) with assignment of waybill numbers to shipped orders.

  • Monitor product availability in real time.

  • Display counterparty data, merchant limit, amount of limit used and payment terms.

  • Display the details of the sales supervisor.

  • Electronic acceptance of changes.

  • Shopping Cart.

  • Service support - the ability to file complaints and track their status.

  • Data access management and GDPR compliance.

§5 Order fulfillment

  1. We reliably process customer orders in the order in which they are received - each order is a priority and very important to us!

  2. The order processing time for a single customer is: from 1 to 30 business days from the date the Customer sends the Order. In the case of products marked with 'on order' availability, the delivery time is specified on the product page. The order processing time mainly includes the order preparation time (completion and packing of the order, handing over the parcel to the courier, and in selected cases, manufacturing the Goods). The delivery time of the order depends on the selected delivery method, it may vary depending on the type of means of transport indicated by the Customer. 

  3. In the event of exceptional circumstances or the inability to complete the order in the manner indicated in point. 2, the Seller will immediately contact the Customer to determine the further course of action, including setting a different order completion date and changing the delivery method.

 

§5 Order processing

  1. We reliably process customer orders according to the order in which they are received - each order is a priority and very important to us!

  2. The delivery time for a single Customer is from 1 to 30 working days counting from the day the Customer sends the Order. In the case of products marked with availability 'to order', the delivery time is specified on the product page. Order processing time consists primarily of order preparation time (completing and packing the order, releasing the parcel to the courier and, in selected cases, making the Goods). The delivery time of the order depends on the selected method of delivery, it may vary depending on the type of transport indicated by the Customer. 

  3. In the case of exceptional circumstances or the impossibility of completing the order within the period indicated in item. 2 date, the Seller shall immediately contact the Customer to determine the further course of action, including the establishment of another date for the execution of the order, change of the method of delivery.

 

§6 Delivery

  1. Delivery of the Goods takes place via the Poczta Polska operator or a courier company or in another way accepted by the parties that does not involve excessive and unjustified costs on the part of the Seller and the Customer.

  2. The ordered Goods are delivered in accordance with the Customer's choice, either directly to the Customer's address indicated in the online order form and confirmed by the Customer, as the shipping address, or collected in person at the personal collection point at the address provided during the order execution. 

  3. The goods are always packed in a way that suits their properties so that they are not damaged, lost or destroyed during transport. 

  4. The customer is constantly informed about delivery costs, which are provided when the customer fills out the online order form. The amount of shipping costs depends on the country to which the order is sent, the number of ordered goods, their weight and the method of sending the shipment.

 

§6 Delivery

  1. Delivery of the Goods shall be made through the operator of the Polish Post or courier service or in any other way accepted by the parties not involving excessive and unreasonable costs on the part of the Seller and the Customer.

  2. Ordered Goods are delivered according to the Customer's choice either directly to the Customer's address indicated in the online order placement form and confirmed by the Customer as the shipping address or collected in person at the personal collection point at the address provided during the order execution. 

  3. Goods are always packed in a way that corresponds to their characteristics, so that they are not damaged, lost or destroyed during transport. 

  4. The customer is kept informed of the shipping costs, they are provided when the customer fills out the online order form. The amount of shipping costs depends on the country to which the order is shipped, the number of ordered goods their weight and the method of shipment.

 

§7 Payment methods

 

  1. It is possible to pay for the ordered Goods in the form of prepayment to a bank account.

  2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online transfer of electronic banking via the online payment service PayU, PayPal, Przelewy24.

  3. Cash on delivery of the ordered Goods (cash on delivery) - the Customer pays the courier by collecting the ordered Goods delivered via a courier company to the address indicated by the Customer in the order.

 

§7 Payment methods

 

  1. It is possible to pay for the ordered Goods in the form of prepayment to a bank account.

  2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online banking transfer via PayU, PayPal, Przelewy24 online payment service.

  3. Cash on delivery of the ordered Goods (cash on delivery payment) - the Customer pays at the courier's office while collecting the ordered Goods delivered via courier company to the address indicated by the Customer in the order.

 

§8 Warranty (obligatory instruction)

 

  1. Delivery of the Goods under the warranty for defects takes place at the expense of the Seller whose goods were purchased.

  2. ATTENTION! Claims for removal of defects or replacement after January 1, 2023, general limitation periods for claims apply, i.e.: "Art. 118 of the Civil Code Unless a specific provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business - three years. However, the end of the limitation period falls on the last day of the calendar year, unless the limitation period is shorter than two years."

  3. The Owner is liable under the warranty if the defect is discovered within two years from the date of delivery of the Goods to the Consumer. From January 1, 2023, the minimum period for making a complaint regarding non-compliance of the goods with the contract will be 2 years. This term applies to all goods – new and used. The Seller is liable to the Consumer if the Consumer Goods were inconsistent with the contract at the time of their release and have physical or legal defects. The Seller is liable for non-conformity of the Consumer Goods with the contract if it is found within two years from the date of delivery of the Goods to the Buyer, and in the event of replacement of the Goods, this period runs anew. A physical defect consists in the non-compliance of the sold item with the contract. In particular, the sold item is inconsistent with the contract if:

  1. there are no properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or purpose;

  2. does not have properties that the Seller has assured the Buyer about, including by presenting a sample or pattern;

  3. it is not suitable for the purpose about which the Buyer informed the Seller when concluding the contract, and the Seller did not raise any objections to its intended use;

  4. was delivered to the Buyer in an incomplete condition.

  1. The presumption of non-conformity of the goods with the contract is 2 years.

  2. Reports on defects in the Goods should be sent electronically to the e-mail address or in writing to the postal address (see §1 point 3: "Seller's Address"). If the consumer has difficulties and does not know how to construct a report about defects in the Goods, the report may be sent, for example, on the form constituting Annex 2 to these Regulations, which only facilitates the complaint process and does not constitute any requirement to use the above-mentioned template for the effectiveness of the complaint.

  3. If it is necessary for the correct assessment of physical defects of the Goods, at the request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller's registered office, which will be indicated each time when the complaint is received.

  4. The Seller responds immediately to the Consumer's notification, but no later than within 14 calendar days from the date of its receipt. Failure to consider the notification within the specified period is tantamount to its acceptance by the Seller and its recognition as justified.

  5. The Seller covers the costs of collecting the Goods, delivery, removing defects or defects and replacing the Goods with a new one. 

 

§8 statutory warranty (mandatory instruction)

 

  1. Delivery of Goods under the fulfillment of the resulting warranty for defects shall be at the expense of the Seller whose goods were purchased.

  2. ATTENTION: claim for removal of a defect or replacement after January 1, 2023, the general limitation periods for claims apply, i.e. : "Article 118 of the Civil Code Unless a special provision provides otherwise, the statute of limitations is six years, and for claims for periodic benefits and claims related to the conduct of business - three years. However, the end of the limitation period shall be the last day of the calendar year, unless the limitation period is less than two years.""

  3. The owner is liable under the warranty if the defect is discovered before the expiration of two years from the date of delivery of the goods to the consumer. As of January 1, 2023, the minimum time limit for a claim of non-conformity of goods with the contract will be 2 years. This time limit applies to all goods - new and used. The Seller is liable to the Consumer if the Consumer Goods at the time of issue were inconsistent with the contract, have physical, legal defects. The Seller shall be liable for the incompatibility of the Consumer Goods with the contract if it is found before the expiration of two years from the issuance of such Goods to the Buyer, with the time limit running anew if the Goods are replaced. A physical defect consists in the incompatibility of the sold thing with the contract. In particular, the sold thing is inconsistent with the contract if:

  1. does not have the characteristics that a thing of this kind should have in view of the purpose specified in the contract or resulting from the circumstances or purpose;

  2. does not have properties, the existence of which the Seller assured the Buyer, including by presenting a sample or model;

  3. is not suitable for the purpose about which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose;

  4. was delivered to the Buyer in an incomplete condition.

  1. The presumption of nonconformity of goods is 2 years.

  2. Notification of defects in the Goods should be sent electronically to the e-mail address or in writing to the postal address (see §1 item 3.: "Seller's address"). If the consumer has difficulties and does not know how to construct a notification of defects in the Goods, the notification can be sent, for example, on the form attached as Appendix No. 2 to these Regulations, which is only a convenience for the complaint process, it does not constitute any requirement to use the aforementioned template for the effectiveness of the complaint.

  3. If it is necessary for the proper assessment of physical defects in the Goods, upon request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller's registered office, which in each case will be indicated at the time of receipt of the complaint.

  4. The Seller shall respond immediately to the Consumer's notification, but no later than within 14 calendar days of receipt. Failure to consider the notification within the specified period is equivalent to its acceptance by the Seller and recognizing it as legitimate.

  5. The Seller shall cover the costs of collection of the Goods, delivery, removal of defects or defects and replacement of the Goods with new ones. 

 

§9 Withdrawal (mandatory instruction)

 

  1. The rights arising from this paragraph result from the relationship between the Customer and the Seller. 

  2. In accordance with the provisions of law, the Customer who is a Consumer pursuant to Art. 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, you have the right to withdraw from a distance contract without giving a reason. 

  3. The right to withdraw from the contract is available within 14 calendar days from the moment the Customer who is also a Consumer or a third party indicated by him, other than the carrier, takes possession of the Goods.

  4. When a Customer who is a Consumer withdraws from the contract, the contract is considered void and the Consumer is then released from any obligations. What the parties have provided to each other is subject to return unchanged, unless the change was necessary within the scope of ordinary management. The return should be made immediately, no later than within fourteen days.

  5. The Customer who is a Consumer may withdraw from the contract by submitting a declaration on the online form constituting Annex 1 to these Regulations, sending it electronically or to the postal address of the Seller at the Customer's discretion. Annex 1 is only an aid in withdrawing from the contract, it is not a template necessary to exercise the right to withdraw from the contract. The customer may, but does not have to, use it. For effective withdrawal, it is sufficient to send a written declaration to the Seller's address.

  6. To meet the deadline specified in point 2, it is enough to send the Customer's declaration of withdrawal from the contract before its expiry.

  7. The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract and inform the Customer about further proceedings, including how to return the Goods, and will answer any questions. 

  8. The Seller will immediately, no later than 14 calendar days from the date of receipt of the Customer's declaration of withdrawal from the contract, refund all payments received from the Customer, including the costs of delivering the goods. The Seller refunds the payment using the same payment method used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for him.

  9. If the Seller, after obtaining the consent from the Customer, has not undertaken to collect the Goods from the Customer himself, the Seller may withhold the reimbursement of received payments, including the costs of delivering the goods, until he receives the Goods back or the Customer provides proof/confirmation of sending them back, depending on which event occurs first.

  10. The Customer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller immediately, but no later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline, it is enough to return the Goods before its expiry.

  11. The Customer who is a Consumer bears only the direct costs of returning the Goods. 

  12. The consumer has the right to withdraw from a distance contract without giving a reason and without incurring costs, except for the costs specified in Art. 33, art. 34 Consumer Law.

  13. The goods should be delivered to the Seller's Address (see §1 point 6: "Seller").

  14. The consumer is responsible for any reduction in the value of the item resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the Goods. This means that the Buyer has the right to evaluate and check the Goods, but only in the same way as he could do it in a stationary store (i.e. check its completeness and technical parameters). The consumer cannot use the item normally, otherwise, by withdrawing from the contract, he or she may be charged with additional costs due to a reduction in its value. 

  15. The Customer is not entitled to withdraw from the contract in relation to contracts specified in Art. 38 of the Act of May 30, 2014 on Consumer Rights, among others. in the situation:

  1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the provision of services that after the entrepreneur has completed the service, he 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 entrepreneur has no control and which may occur before the deadline for withdrawal from the contract; 

  3. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet his individual needs; 

  4. in which the subject of the service is an item that deteriorates quickly or has a short shelf life; 

  5. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

  6. in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items.

§9 Withdrawal (mandatory instruction)

 

  1. The rights under this paragraph arise from the relationship between the Customer and the Seller. 

  2. In accordance with the law, the Customer who is a Consumer under Article 27 of the Act of May 30, 2014. (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, has the right to withdraw from a contract concluded remotely without giving any reason.  

  3. The right to withdraw from the contract shall be granted within 14 calendar days from the moment of taking possession of the Goods by the Customer who is also a Consumer or a third party designated by him/her other than a carrier.

  4. When the Customer who is a Consumer withdraws from the contract, the contract is considered not concluded, and the Consumer is then released from all obligations. What the parties have rendered to each other is subject to return in an unaltered state, unless the change was necessary within the limits of ordinary management. The return should be made immediately, no later than within fourteen days.

  5. A Customer who is a Consumer may withdraw from the contract by making a statement on the online form attached hereto as Annex No. 1, sending it electronically or to the postal address of the Seller at the choice of the Customer. Appendix No. 1 is only an aid to withdraw from the contract, it is not a necessary template for exercising the right to withdraw from the contract. The Customer may but need not use it. For effective withdrawal, it is sufficient to send the statement in writing to the address of the Seller.

  6. To meet the deadline specified in item. 2 is sufficient to send the Customer's statement of withdrawal from the contract before its expiration.

  7. The Seller will promptly acknowledge to the Customer the receipt of the statement of withdrawal from the contract and will inform the Customer accordingly about the further procedure, including how to return the Goods, and will answer them if there are any questions. 

  8. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer's statement of withdrawal from the contract, return to the Customer all payments received from him, including the cost of delivering the item. The seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to another way of refunding the payment that does not involve any costs for him.

  9. If the Seller, after obtaining consent from the Customer, did not undertake to collect the Goods from the Customer himself, the Seller may withhold reimbursement of the payments received, including the cost of delivering the goods until he receives the Goods back or the Customer provides proof/confirmation of their return, whichever event occurs first.

  10. The Customer is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller immediately, but no later than within 14 calendar days, from the date on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline it is sufficient to send back the Goods before their expiration.

  11. The Customer who is a Consumer shall bear only the direct costs of returning the Goods. 

  12. The consumer, has the right to withdraw from a contract concluded at a distance, without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.

  13. The goods should be delivered to the Seller's Address (see §1 item 6.: "Seller").

  14. The consumer is liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. This means that the Buyer has the right to evaluate and inspect the Goods, but only in the way he could do so in a stationary store (i.e., check their completeness and technical parameters). This is because the consumer cannot normally use the item otherwise, by withdrawing from the contract, he may be charged with additional costs due to the reduction in its value. 

  15. The right to withdraw from the contract does not apply to the Customer with respect to the contracts specified in Article 38 of the Law of May 30, 2014 on Consumer Rights, among other situations:

  1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance by the entrepreneur will lose the right of withdrawal; 

  2. in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal; 

  3. in which the object of performance is a non-refabricated item, manufactured to the Consumer's specifications or serving to meet his individualized needs; 

  4. in which the object of performance is an item that is perishable or has a short shelf life; 

  5. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;

  6. in which the object of performance is things that, after delivery, by their nature become inseparable from other things.

§10 Complaint procedure

 

  1. In order to properly submit a complaint, the Customer should provide his/her data such as: name and surname or company name, residential address or company's registered office address and e-mail address, the subject of the complaint, if possible the order number along with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of the complaint (description of what it consists of), or what features the ordered Goods do not have, and according to the Seller's assurances or according to the way it was presented to the Customer, it was supposed to have.

  2. If the Customer is a Consumer, in the event of the first complaint, the Customer can count on the goods being repaired or replaced. Only when the entrepreneur refuses to remove the defect or replace it will the consumer have the right to withdraw from the contract. For electronic goods, the consumer will also be able to demand removal of defects in digital services. And if the removal of the defect or replacement is ineffective, he or she may demand a price reduction or withdraw from the contract. If bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found, and the inconvenience to which the Customer would be exposed to a different method of satisfaction are taken into account. 

  3. Unless separate provisions provide otherwise, the entrepreneur is obliged to respond to the consumer's complaint within 14 days from the date of its receipt. If the entrepreneur does not respond to the complaint within the deadline referred to above, it is considered that he has accepted the complaint. The entrepreneur provides the response to the complaint to the consumer on paper or another durable medium (e.g. USB memory stick or CD/DVD, responding to the complaint.)" 

  4. If the application is not considered within the specified deadline, it should be considered accepted by the Seller. A claim regarding withdrawal from the contract if it is not considered on time does not constitute acceptance of the submitted complaint.

 

§10 Complaint procedure

 

  1. For proper submission of a complaint, the Customer should provide his/her data such as: name and surname or company name, address of residence or registered office address and e-mail address, the subject of the complaint, if possible, the order number with an indication of the period of time to which the complaint relates and the circumstances justifying the complaint (description of what it consists of) or what features the ordered Goods do not have, and according to the Seller's assurances or according to the way it was presented to the Customer it was supposed to have.

  2. If the customer is a Consumer, in the case of the first complaint, the customer can count on the repair of goods or replacement. Only if the trader refuses to remove the defect or replace, the consumer will be given the right to withdraw from the contract. For electronic goods, the consumer will also be able to request the removal of defects in digital services And if the removal of defects or replacement will be ineffective, he can demand a reduction in price or withdrawal from the contract, If bringing the item to conformity with the contract in the manner chosen by the customer is impossible or would require excessive costs compared with the manner proposed by the seller. In assessing the excessiveness of costs, the value of the defect-free item, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which the Customer would be exposed by another way of satisfaction. 

  3. If separate provisions do not provide otherwise, the entrepreneur is obliged to respond to the consumer's complaint within 14 days of its receipt. If the trader has not responded to the complaint within the period referred to above, it is considered that he has acknowledged the complaint. The entrepreneur shall provide the consumer with an answer to the complaint on paper or other durable medium (e.g., a USB flash drive or CD/DVD, responding to the complaint).” 

  4. If the claim is not processed within the specified time limit, it should be considered accepted by the Seller. The claim for withdrawal from the contract, if not considered within the time limit, is not equivalent to recognition of the complaint filed

 

§11 Liability

  1. The customer is not entitled to:

  1. posting personal data of third parties, disseminating the image without the required permission or consent of the third party to whom the data relates;

  2. posting advertising and promotional content that is inconsistent with the purpose of the store.

  1.  The Customer is prohibited from posting the following content:

  1. with the intention of violating the personal rights of third parties;

  2. in bad faith or which could be considered as such;

  3. infringing the rights of third parties, copyrights, related rights, industrial property rights, trade secrets or those covered by a confidentiality clause, especially those defined as secret or top secret;

  4. offensive or threatening statements addressed to other people, statements commonly considered offensive, e.g. profanity;

  5. violating the legitimate interests of the Seller;

  6. sending or posting unsolicited commercial information in the Online Store (spam);

  7. violating in any other way good customs, provisions of applicable law, social or moral norms.

  1. If a third party, an authorized person or a government authority receives a notification, the Seller reserves the right to modify or remove the content posted by the Customer if it is determined that it may constitute a violation of these Regulations or applicable law. The Seller does not control the posted content on an ongoing basis.

§11 Liability

 

  1. The customer is not entitled to:

  1. posting of personal data of third parties, dissemination of images without the required permission or consent of the third party to whom the data refers;

  2. posting content of an advertising and or promotional nature, inconsistent with the purpose of the store.

  1.  It is forbidden for the customer to post content:

  1. With the intent to violate the personal rights of third parties;

  2. in bad faith or those that could be considered as such;

  3. infringing on the rights of third parties, copyrights, related rights, industrial property rights, business secrets or covered by a confidentiality clause especially those defined as secret or top secret;

  4. abusive or threatening statements directed to other persons, statements generally considered offensive, such as vulgarisms;

  5. violating the legitimate interests of the Seller;

  6. sending or posting unsolicited commercial information (spam) within the Internet Store;

  7. otherwise violating good morals, provisions of applicable law, social norms or customs.

  1. In the case of receipt of a notification by a third party, authorized person or state authority, the Seller reserves the right to modify or remove content posted by the Customer, in a situation where it is determined that it may constitute a violation of these Terms and Conditions or applicable laws. The Seller does not control the posted content on an ongoing basis.

§ 12 Extrajudicial methods of dealing with complaints and pursuing claims

 

  1. Information on out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) Consumer Ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_zdrowie.php

  2. The consumer has, among others, the following options to use out-of-court methods of dealing with complaints and pursuing claims:

  3. submitting a request to the Provincial Inspector of Trade Inspection to initiate mediation proceedings to resolve the dispute amicably.

  4. submitting a request to the permanent arbitration Consumer Court operating at the Provincial Inspector of Trade Inspection to resolve a dispute arising from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php.

  5. requesting free legal assistance, including: to the Consumer Federation - website address: www.federacjakonsumentow.org.pl.

  6. The European Consumer Centers Network helps to resolve cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl.

  7. The consumer may also use the online dispute resolution platform (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the following electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform is one common access point for consumers and entrepreneurs, enabling out-of-court resolution of disputes regarding contractual obligations arising from the concluded online sales contract: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

  8. The use of extrajudicial methods of dealing with complaints and pursuing claims is voluntary and may only take place if both parties to the dispute, i.e. the Seller and the Customer, consent to it.

§ 12 Alternative dispute resolution

 

  1. Information about out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsman, social organizations whose statutory tasks include protection of consumers, Provincial Inspectorates of Commercial Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_zdrowie.php

  2. The consumer has, among other things, the following avenues for out-of-court complaint handling and redress:

  3. to apply to the Provincial Inspector of Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute.

  4. to turn to the Permanent Arbitration Consumer Court operating at the Provincial Inspector of Trade Inspection with a request to resolve a dispute arising from the concluded agreement, address www.uokik.gov.pl/wazne_adresy.php.

  5. to seek free legal assistance from the Consumer Federation, among others - website address: www.federacjakonsumentow.org.pl.

  6. The Network of European Consumer Centers assists in resolving cross-border disputes. Their addresses are available on the European Consumer Center's website at www.konsument.gov.pl.

  7. Consumers may also use the online dispute resolution platform (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the following electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform provides a single common access point for consumers and businesses to resolve out-of-court disputes regarding contractual obligations arising from an online sales contract: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

  8. The use of out-of-court means of dealing with complaints and claims is voluntary and can take place only if both parties to the dispute, i.e. the Seller and the Customer agree to it.

§13 PROVISIONS APPLICABLE TO ENTREPRENEURS

 

  1. The regulations and provisions in this paragraph 13 apply to: only and exclusively Customers and Service Recipients who are not consumers (professional purchase).

    1. In the case of customers who are service recipients and who are not consumers at the same time, the service provider may terminate the contract for the provision of Electronic Services with immediate effect, even without indicating reasons, provided that he has sent an appropriate statement to the customer.

      1. The website informs that in accordance with Art. 558 § 1 of the Civil Code, liability under the warranty for the product/service towards a customer who is not a consumer is excluded.

        1. The liability of the Website is limited within a single claim and for all claims in total, to the amount of PLN 100 net. The website is liable only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits.

        2. Any disputes between the Website and a Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Website.

§13 PROVISIONS FOR ENTREPRENEURS

 

  1. The regulations and provisions in this paragraph 13 apply only to Customers and Service Recipients who are not consumers (purchase of a professional nature).

    1. In the case of customers who are recipients of the service and who are not also consumers, the service provider may terminate the contract for the provision of Electronic Services with immediate effect even without indicating reasons, provided that it has sent the customer an appropriate statement.

      1. The website informs that in accordance with Article 558 § 1 of the Civil Code, product/service warranty liability to the non-consumer customer is excluded.

        1. The liability of the Website is limited within a single claim, as well as for all claims in total, to a net amount of PLN 100. The Internet Service is liable only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits.

        2. Any disputes between the Website and a non-consumer Customer shall be submitted to the court having jurisdiction over the location of the Website.

§14 Final provisions

 

  1. The online store platform honors all Customer rights provided for in applicable law. 

  2. If applicable law grants Customers who are consumers more favorable mandatory and legally required regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific norms of applicable law and are therefore binding on the above-mentioned owner.

  3. All content posted on the website of the online store Platform (including graphics, texts, page layout and logos) is protected by copyright and is its exclusive property. Using this content without written consent results in civil and criminal liability.

  4. The owner of the online store platform, as the administrator of personal data, informs you that:

  • Providing data is always voluntary but necessary to complete the order;

  • the person providing his or her personal data has the unrestricted right to access all content of his or her data and rectify it, delete it (the right to be forgotten), limit processing, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, however, the data may be made available to the competent state authorities if the relevant regulation requires it. 

  • The basis for the processing of personal data will be Art. 6 section 1 point a) and the content of the General Data Protection Regulation;

  • personal data will be stored and processed for the period necessary to complete the processing and execution of the order, but no longer than for a period of 3 years (2 years is the complaint period and 1 year for any other claims and exceptional situations)

  • the person providing his or her personal data has the right to lodge a complaint with the Personal Data Protection Office if he or she considers that the processing of personal data relating to the execution of the order violates the provisions of the General Data Protection Regulation of April 27, 2016;”

  1. The amended Regulations are binding for Customers if the requirements specified in Art. 384 of the Civil Code (i.e. the client was properly notified of the changes).

  2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: 

  1. changes in legal provisions; 

  2. changes in payment and delivery methods; 

  3. currency exchange rate change, 

  4. changes in the method of providing services electronically covered by the regulations, 

  5. changes to the Seller's data, including e-mail address and telephone number. 

  1. Changes to the regulations do not affect orders placed and already being processed; the regulations in force at the time of placing the order apply to them. The seller informs about the intended change on the store's website at least 30 days in advance. If the amended regulations are not accepted, the Service Recipients may terminate the contract with immediate effect within 30 days from the date of receipt of the message. 

  2. Disputes arising as a result of the provision of services under these Regulations will be submitted to the Common Court for the seat of the Website, in accordance with the applicable provisions of Polish law.

  3. The Regulations may be translated into foreign language versions, although in case of doubt, the Polish version of the Regulations shall prevail

  4. Annexes to the Regulations constitute their integral part.

  5. The sales contract is concluded in Polish, with content consistent with the Regulations.

  6. Customers of the above-mentioned online store Platform can access these Regulations at any time via the link on the website's home page, download it and print it out, but commercial use is subject to the protection of the LEGATO Law Firm. 

  7. The Regulations enter into force on December 4, 2024.

§14 Final provisions

 

  1. The online store platform honors all the rights of customers provided by the provisions of the applicable law. 

  2. If the applicable law grants to customers who are consumers more favorable mandatory and legally required regulations than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions are directly superseded by the specific norms of the applicable law and are thus binding on the aforementioned owner.

  3. All content posted on the Online Store Platform (including graphics, texts, page layout and logos) enjoy the protection provided for copyright and are the exclusive property of the Online Store Platform. Use of such content without written permission will result in civil and criminal liability.

  4. The owner of the Online Store Platform, as the controller of your personal data, inform you that:

  • Provision of data is always voluntary but necessary to complete the order;

  • the person providing his/her personal data has the unlimited right to access all the contents of his/her data and to rectify, erase (the right to be forgotten), limit the processing, the right to data portability, the right to withdraw consent at any time without affecting the legality of the processing, the data may, however, be made available to the competent state authorities in the situation when the relevant regulation requires it. 

  • The basis for the processing of personal data will be Article 6(1)(a) and the content of the General Data Protection Regulation...;

  • personal data will be stored and processed for the period necessary for the completion of processing and execution of the order but no longer than for a period of 3 years (2 years is the period for complaints and 1 year for possibly other claims and exceptional situations)

  • the person providing his/her personal data has the right to lodge a complaint with the DPA when he/she considers that the processing of personal data concerning the execution of the order violates the provisions of the General Data Protection Regulation of April 27, 2016;"

  1. The amended Regulations are binding on Customers if the requirements specified in Article 384 of the Civil Code have been observed (i.e. the Customer has been properly notified of the changes).

  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: 

  1. changes in legislation; 

  2. Changes in payment and delivery methods; 

  3. exchange rate change, 

  4. changes in the manner of providing electronic services covered by the regulations, 

  5. changes to the Seller's data, including e-mail address, telephone number. 

  1. Amendments to the regulations do not affect orders already placed and executed, to make them the regulations in force at the time of placing the order apply. The Seller shall inform about the intended change on the store website at least 30 days in advance. In case of non-acceptance of the amended regulations, Service Recipients may, within 30 days of receiving the message, terminate the contract with immediate effect.  

  2. Disputes arising as a result of the provision of services under these Terms and Conditions shall be submitted for settlement to the Court of Common Pleas for the seat of the Website, in accordance with the applicable provisions of Polish law.

  3. Regulations may be translated into foreign language versions, although in case of doubt, the Polish version of the regulations takes precedence

  4. The annexes to the Regulations are an integral part of the Regulations.

  5. The contract of sale is concluded in the Polish language, with content in accordance with the Regulations.

  6. Customers of the aforementioned Online Store Platform may access these Terms and Conditions at any time through the link provided on the homepage of the website and download and make a printout, however, commercial use is subject to the protection of the LEGATO Law Firm. 

  7. The regulations enter into force on 04/12/2024

Copyright notice to the Sales Regulations


The owner of all material copyrights to the template of these Sales Regulations is the LEGATO Law Firm, which has granted this store a non-exclusive and non-transferable right to use these Sales Regulations for purposes related to its own commercial activities on the Internet and extends legal protection to the above-mentioned document for the duration of the contract. Copying and distributing the template of these Sales Regulations without the consent of the LEGATO Law Firm is prohibited and may be subject to both criminal and civil liability. Online sellers can learn more about the possibility of using the Sales Regulations template on the website www.kancelaria-legato.pl 

Copyright notice to the Terms of Sale


 The owner of all material copyrights to the template of these Terms and Conditions of Sale is LEGATO Law Office, which has granted to this store a non-exclusive and non-transferable right to use these Terms and Conditions of Sale for purposes related to its own commercial activities on the Internet, and extends legal protection to the aforementioned document for the duration of the contract. Copying and distribution of the template of these Terms and Conditions of Sale without the permission of LEGATO Law Firm is prohibited and may be subject to both criminal and civil liability. Online sellers can learn more about the possibility of using the model Terms and Conditions of Sale at www.kancelaria-legato.pl