Terms and conditions of the online store platform 

Terms of Sale

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 and Conditions for the Provision of Services 

§4 Brokerage agreement terms and conditions

§5 Order processing

§6 Delivery

§7 Payment Methods

§8 Statutory warranty

§9 Withdrawal

§10 Complaint Procedure

§11 Liability

§12 Out-of-court methods of handling complaints and pursuing claims

§13 Provisions concerning entrepreneurs

§14 Final Provisions

§1 Basic definitions

§2 General provisions

§3 Terms and conditions of service 

§4 Brokerage agreement terms and conditions

§5 Order processing

§6 Delivery

§7 Payment methods

§8 Statutory warranty

§9 Withdrawal

§10 Complaint procedure

§11 Liability

§12 Out-of-court methods of handling complaints and pursuing claims

§13 Provisions concerning entrepreneurs

§14 Final Provisions

 

Introduction

 

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

  1. in § 1 to 3 – the general provisions of these Regulations are set out; 

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

  3. in § 8 to 12 – provisions concerning the identification of defects in the Goods/Services and the right to withdraw from the contract are included;

  4. in § 13 and 14 – all other provisions 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. Service Owner/Seller – the owner of the website. The Customer purchases goods/services from DAMBAT JASTRZĘBSKI SPÓŁKA KOMANDYTOWO-AKCYJNA, with its registered office in Adamów, entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0001025584, NIP 5291844129, REGON 52380446900000

  3. Address – whenever the Regulations refer to an address, this means the following details:

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

  2. email address: available in the Contact tab

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

  2. Consumer – Article 221 Civil Code: a natural person performing with the Seller a legal act not directly related to their business or professional activity.

  3. Sales Agreement – an agreement for the sale of a Product listed on the above-mentioned website, concluded or entered into between the Customer and the Seller through the Online Store Platform.

  4. Goods – a Product, a movable item that the Customer purchases through the Online Store Platform and other sales channels (e.g. Facebook Marketplace or Allegro) from the seller presenting the goods on this website.

  5. Order – the Customer’s declaration of intent submitted through the online store platform, specifying: the type and quantity of Goods included in the seller’s goods/services assortment, the payment method, the method of delivering the Goods, the place where the Goods are to be handed over, and the Customer’s details.

  6. Order form – an electronic service, a form available on an electronic medium within the Online Store Platform, enabling the submission and processing of an Order, including by adding Products to an electronic cart, and specifying the terms of the Sales Agreement between the actual seller and the customer, including the delivery and payment methods.

  7. Order processing time – the time needed for an order placed by the Customer to be assembled, packaged, sealed by the Seller, and handed over for delivery using 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 – any discounts, PROMOTIONS, and price reductions can be checked on the chart displayed next to the product price. The price history can be viewed for the previous 30 days. Prices are recorded in a verifiable and automatic manner.

  10. Prices – product prices in the online store are fixed at a given time and are not affected by any pricing algorithms, regardless of how the customer reaches the website or which browsers they use. Gender, age, etc. are also irrelevant.

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

  12. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council (of 27 April 2016, Official Journal of the European Union L 119)

§1 Basic definitions

 

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

  2. Website Owner/Seller – the website owner. 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 means 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 law, 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 entering into a legal transaction with the Seller that is not directly related to their business or professional activity.

  3. Sales Contract – a contract for the sale of a Product posted on the aforementioned website, concluded between the Customer and the Seller through the Online Store Platform. 

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

  5. Order – a declaration of intent by the Customer submitted via the online store platform, specifying the type and quantity of Goods in the Seller’s assortment, the payment method, the delivery method, the delivery address, and the Customer’s details.

  6. Order Form – an electronic service, a form available on an electronic medium on the online store Platform, enabling the placement and processing of an Order, including by adding Products to an electronic shopping cart and specifying the terms of the Sales Contract between the actual seller and the Customer, including the delivery and payment methods. 

  7. Order processing time – the time required for an order placed by the Customer to be completed, packaged, sealed by the Seller, and handed over for delivery using 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 – any discounts, PROMOTIONS, and price reductions can be checked in the chart next to the displayed product price. It will be possible to view the price history for the previous 30 days. Price records are verifiable and automated. 

  10. Prices – the prices of products in the online store are fixed at a given time and are not affected by any pricing algorithms, regardless of how the Customer arrives at the website or which browsers they use. The Customer’s gender, age, or other characteristics are also irrelevant.

  11. Consumer Rights Act – the Act 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 119)

 

§2 General Provisions

 

  1. The website owner declares that they comply with all required personal data protection regulations concerning Customers, as provided, among other things, 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 the Interior and Administration concerning documentation of personal data processing and the technical and organisational conditions that devices and IT systems used to process personal data should meet. The Customer consents to the collection, storage, and processing by the online store Platform (the intermediary in sales agreements) of personal data solely for purposes directly related to fulfilling the ordered Service/Goods. Detailed conditions for the collection, processing, and protection of personal data are specified in the “Privacy Policy”.

  2. The Seller declares that, in connection with the entry into force throughout Europe of legal regulations concerning reviews (with the transposition of Directive (EU) 2019/2161 into national law), businesses that make reviews available must inform consumers whether and how they have ensured that the published reviews come from consumers who used or purchased the product in question. The measures taken for this purpose must be specifically listed.

  3. We declare that the reviews posted on our website come from genuine customers who purchased and used our products. The reviews were submitted following a request to provide them, after confirmation that the goods had reached the customer. We may import reviews posted in the Google tab in our company’s business profile; reviews may also come from the Allegro portal. We promise to complete all formalities and make every effort to ensure that the reviews are genuine and truthful, and that those submitted improperly are removed.

  4. When placing orders, The Customer may review the Terms and Conditions and accept their content by selecting the appropriate box in the form. Acceptance of the provisions of the Terms and Conditions is required to process an order. We inform you that entering into Sales agreements concluded via the Internet and acceptance of the terms and conditions entail an obligation to pay the seller for the ordered Goods. 

  5. The data controller applies appropriate technical and organisational measures to ensure the protection of personal data proportionate to the risks and categories of data covered by the protection. Above all, the controller protects the data against disclosure, removal, processing, loss, alteration, damage, or destruction by unauthorised persons. The detailed scope of protection has been regulated in accordance with the requirements in the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management instructions). 

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

  1. supervising and monitoring the processing of personal data for which the Controller maintains a database of the aforementioned store’s customers;

  2. determining who the data controller is, and establishing their address, registered office, and name; where the controller is a natural person, determining their first and last name and place of residence;

  3. obtain information about the purpose, scope, manner, and duration of processing the data contained in such a record;

  4. obtain information, in a generally understandable form, about the content of the data;

  5. learn the source from which the data concerning them originates, unless the data administrator is required to keep classified information confidential or to maintain professional secrecy in this respect;

  6. request that personal data be supplemented, updated, or corrected, temporarily suspended, or deleted if it is incomplete, outdated, inaccurate, collected in violation of the Act, or no longer necessary for achieving the purpose for which it was collected.

  1. In accordance with point 6, the Customer has the right to access the content of the personal data being processed, correct it, and request its deletion. The personal data administrator is required to supplement, update, or correct the data, temporarily or permanently suspend its processing, or delete it from the records promptly and immediately upon receiving the request, unless the request concerns personal data for which the procedure for supplementing, updating, or correcting it is specified by separate legal provisions, including this Act. 

  2. When finalizing an order, the Customer consents to the collection and processing of personal data by the Administrator within the meaning of the Act of 10 May 2018 on the Protection of Personal Data and in accordance with the GDPR. Data may be transferred to another entity only where required by law or necessary to fulfill the order placed with 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. A Customer using the Services of the online store Platform provided through this website is required to comply with these Terms and Conditions to the extent necessary to complete the order and provided that doing so is not contrary to applicable law or the principles of social coexistence.

  5. All presented Goods have been legally introduced to the Polish market in compliance with applicable laws. The information concerning the Goods available on the online store Platform website constitutes merely an invitation to enter into a contract within the meaning of Article 71 of the Act of 23 April 1964, the Civil Code. 

  6. A sole proprietor conducting business activity individually, if they make a purchase unrelated to their business activity, has the right to withdraw from the contract within 14 calendar days from the moment the Goods come into the possession of the Customer or a third party designated by the Customer other than the carrier.

  7. Art. 556(4) Zawarte w niniejszym dziale przepisy dotyczące konsumenta, z wyjątkiem art. 558 § 1 zdanie drugie, stosuje się do osoby fizycznej zawierającej umowę bezpośrednio związaną z jej działalnością gospodarczą, gdy z treści tej umowy wynika, że nie posiada ona dla tej osoby charakteru zawodowego, wynikającego w szczególności z przedmiotu wykonywanej przez nią działalności gospodarczej, udostępnionego na podstawie przepisów o Centralnej Ewidencji i Informacji o Działalności Gospodarczej.

  8. Article 556(4) The provisions concerning consumers contained in this section, except for the second sentence of Article 558 § 1, shall apply to a natural person concluding a contract directly related to their business activity when it follows from the content of that contract that it does not have a professional character for that person, arising in particular from the subject matter of the business activity they conduct, as disclosed pursuant to the provisions on the Central Register and Information on Business Activity. 

  9. Verification of whether a given activity has a professional character will be carried out on the basis of CEIDG—the Central Register and Information on Business Activity—specifically, the PKD codes entered there that define the types of business activity.

  • Entrepreneurs operating as sole proprietors will acquire rights with regard to:

  • unfair clauses used in standard contractual terms;

  • a recourse claim against the previous seller in connection with the exercise of the statutory warranty for defects in the sold item; 

  • consumer complaints;

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

  1. The provisions concerning consumers, set out in Articles 385(1)–385(3) of the Civil Code [concerning unfair contractual provisions], shall apply to a natural person concluding a contract directly related to their business activity when it follows from the content of that contract that it does not have a professional character for that person, arising in particular from the subject matter of the business activity they conduct, as disclosed pursuant to the provisions on the Central Register and Information on Business Activity.

  2. Entrepreneurs operating as sole proprietors will still not be entitled to seek assistance from institutions supporting consumers in protecting their rights, including assistance from County/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 RODO 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 transposing Directive (EU) 2019/2161 into national law regarding reviews, traders who provide reviews must indicate whether and how they ensure that published reviews come from consumers who have used or purchased the product. The measures taken for this purpose must be specifically indicated.

  3. We declare that the reviews posted on our website come from actual customers who have purchased and used our products. The reviews were submitted in response to a request sent to customers after confirming that the goods had reached them. We may import reviews posted on Google in the business profile section. Reviews of our company may also come from the Allegro portal. We undertake to complete all formalities and make every effort to ensure that the reviews are genuine and truthful, and that any improperly submitted reviews are removed.

  4. When placing an order, the customer has the opportunity to read the Terms and Conditions and accept their content by checking 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 concluded via the Internet and acceptance of the Terms and Conditions entail the obligation to pay the seller for the ordered Goods. 

  5. The data controller shall apply appropriate technical and organizational measures to ensure the protection of personal data appropriate to the risks and categories of data to be protected. Above all, it shall protect the 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 of the Personal Data Protection Policy (Security Policy, Personal Data Protection Regulations, and 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 for the aforementioned store;

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

  3. to obtain information about the purpose, scope, method, and duration of processing the data contained in such database;

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

  5. to know the source from which the data concerning them originated, unless the data controller is required to protect classified information or professional secrecy in this regard;

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

  1. In accordance with Section 6, the Customer has the right to inspect the content of their processed personal data, correct it, and request its deletion. The personal data controller is required to supplement, update, or correct the data, temporarily or permanently suspend its processing, or delete it from the database on an ongoing basis and immediately after receiving the request, unless the request concerns personal data for which the procedure for supplementing, updating, or correcting it is governed by separate legal provisions, including the Act. 

  2. When finalizing an order, the Customer consents to the collection and processing of their personal data by the Administrator within the meaning of the Personal Data Protection Act of May 10, 2018, and in accordance with the provisions of the GDPR. The data may be transferred to another entity only where required by law or necessary to process the order placed with vendors whose Goods are offered 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. A Customer using the online store platform Services provided through this website is required to comply with these Regulations to the extent necessary to process the order placed and provided that they do not conflict with applicable law or the principles of social coexistence.

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

  6. A sole trader who makes a purchase unrelated to their business has the right to withdraw from the contract within 14 calendar days from the date on which the Goods come into the possession of the Customer or a third party designated by the Customer, other than the carrier.

  7. Article 556(4) The provisions contained in this Section concerning consumers, with the exception of the second sentence of Article 558(1), shall apply to an individual who enters into a contract directly related to their 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 their business activity, as disclosed in accordance with the provisions on the Central Register and Information on Business Activity.

  8. Whether an activity is professional in nature will be verified based on CEiDG—the Central Register and Information on Business Activity—and, more specifically, on the PKD codes entered there, which define the types of business activity. 

  9. Sole proprietors will be entitled to:

  • Unlawful clauses used in contractual templates;

  • Warranty for defects in the sold item;

  • A recourse claim against the previous seller in connection with the handling of the consumer’s complaint;

  • The right to withdraw from a distance or off-premises contract 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 their business activity, when it is apparent from the content of the contract that it does not have a professional character for them, arising in particular from the subject matter of their business activity, as disclosed in accordance with the provisions on the Central Register and Information on Business Activity.

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

§3 Terms and Conditions for the Provision of Services 

 

  1. This online store Platform provides services by electronic means. The primary condition for entering into an agreement is completing the online order form in order to conclude a sales agreement with the seller whose goods are presented on the website. Entering into the agreement is voluntary. 

  2. The agreement for the provision of services is concluded electronically by enabling the Customer to complete an order form. The agreement is concluded for a fixed period when the Customer begins completing the form and is terminated when the Customer stops 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 can review it before deciding to conclude or amend the agreement. 

  3. It is possible to conclude a sales agreement directly with the Seller and entities cooperating with the Seller through the platform, as well as through other sales channels used by the Seller. 

  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. When finalizing the purchase in the appropriate order box, the Customer 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.” – this 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 the conclusion of the contract.

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

  8. The Customer shall bear exclusively the costs associated with access to the Internet and data transmission, in accordance with the tariff of the provider with whom the Customer has signed an agreement for the provision of Internet services.

§3 Terms and conditions of service 

 

  1. This online store platform provides services by electronic means. The condition for entering into a contract is, first of all, filling 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 by allowing the Customer to fill in the order form. The contract is concluded for a definite period when the Customer begins filling in the form and terminates when the completed form is withdrawn or sent to the Seller. The process of filling out the order form is organized so that each Customer has the opportunity to review it before deciding to conclude 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 with 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." – this 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 the conclusion of the contract.

  7. Pursuant to Article 8(2) of the RODO, 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 and Conditions 

 

  1. To conclude a valid and binding sales agreement, the Customer selects products in accordance with the offer displayed on this Platform and on other sales channels, specifying the quantity of Goods they intend to purchase and, where possible, indicating the characteristics of the ordered Product and, as appropriate, its specifications. Along with selecting the Goods, the Customer completes the online order form, providing the data necessary for the Seller to process the order, such as the quantity, delivery address, and payment method, based on the messages displayed to the Customer and the information available on the website 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 account registration process 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 email address provided during the order process, a statement accepting the order, which also serves as its confirmation. The sales agreement between the Customer and the Seller is concluded when the Customer receives the message.

  4. The message summarizing and confirming the order contains all previously agreed terms of the sales agreement, in particular the quantity and type of the ordered Goods, their specifications in the case of an order for Goods with individual characteristics specified by the Customer, the total price payable (specified in Polish zloty) including delivery costs and the amount of discounts granted (if applicable). The price for users registered as Entrepreneurs (point 2 above) is stated as a net price. 

  5. If the Customer has multiple discounts from several sources/promotions, they may be combined/summed only where this is expressly specified in the Promotion Rules. If there is no provision regarding the combination of different promotions/discounts, only one discount (one promotion) may be selected for a given purchase. 

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

  • User registration and authentication – the ability to register new business accounts.

  • Option to display personalized prices, discounts, and promotions.

  • Order management – placing orders, order history, and order statuses (shipped, completed, etc.), including the assignment of tracking numbers to shipped orders.

  • Real-time monitoring of product availability.

  • Display of the contractor's details, trade credit limit, amount of credit used, and payment due dates.

  • Display of the sales representative's details.

  • Electronic acceptance of changes.

  • Shopping cart.

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

  • Data access management and compliance with GDPR regulations.

 

§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 RODO compliance.

§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 pageOrder 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 event of exceptional circumstances or the inability to fulfill the order within the period specified in point 2, the Seller shall immediately contact the Customer to determine the further course of action, including establishing a different order fulfillment date or 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 pageOrder 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 event of exceptional circumstances or the impossibility of completing the order within the period indicated in item 2, the Seller shall immediately contact the Customer to determine the further course of action, including setting another date for order fulfillment or changing the delivery method.

 

§6 Delivery

  1. Delivery of the Goods shall be made through the Polish Post operator, a courier company, or in any other manner accepted by the parties that does not involve excessive or unreasonable costs for the Seller or 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 form and confirmed by the Customer as the shipping address, or collected in person at the personal collection point at the address provided during order fulfillment. 

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

  4. The Customer is kept informed of the shipping costs, which are provided while the Customer is completing the online order form. The amount of the shipping costs depends on the country to which the order is shipped, the number of goods ordered, their weight, and the shipping method.

 

§6 Delivery

  1. Delivery of the Goods shall be made through the Polish Post operator, a courier service, or in any other manner accepted by the parties that does not involve excessive or unreasonable costs for the Seller or 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 form and confirmed by the Customer as the shipping address, or collected in person at the personal collection point at the address provided during order fulfillment. 

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

 

§7 Payment Methods

 

  1. Payment for the ordered Goods may be made in advance by bank transfer.

  2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online bank transfer through the online payment services PayU, PayPal, Przelewy24.

  3. Cash on delivery of the ordered Goods (cash on delivery payment)—the Customer pays the courier upon collecting the ordered Goods delivered by 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 by making an advance payment to a bank account.

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

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

 

§8 Statutory warranty (mandatory information)

 

  1. Delivery of the Goods as part of the performance of obligations arising from the statutory warranty for defects is carried out at the expense of the Seller from whom the Goods were purchased.

  2. IMPORTANT! Claims for removal of a defect or replacement after January 1, 2023 are subject to the general limitation periods for claims, namely: “Article 118 of the Civil Code: Unless a specific provision provides otherwise, the limitation period is six years, and for claims for periodic performances and claims related to conducting business activity—three years. However, the limitation period ends on the last day of the calendar year, unless the limitation period is shorter than two years.”

  3. The Owner is liable under the statutory warranty if the defect is discovered before two years have elapsed from the date the Goods were delivered to the Consumer. From January 1, 2023, the minimum period for filing a claim due to the lack of conformity of the Goods with the agreement will be two years. This period applies to all Goods—new and used. The Seller is liable to the Consumer if the consumer Goods were not in conformity with the agreement at the time of delivery or had physical or legal defects. The Seller is liable for the lack of conformity of the consumer Goods with the agreement if it is discovered before two years have elapsed from the date the Goods were delivered to the Buyer; in the event of replacement of the Goods, this period begins anew. A physical defect consists in the non-conformity of the sold item with the agreement. In particular, the sold item is not in conformity with the agreement if:

  1. does not have the properties that an item of this kind should have due to the purpose specified in the agreement or arising from the circumstances or intended use;

  2. does not have the properties that the Seller assured the Buyer it had, including by presenting a sample or model;

  3. is not suitable for the purpose of which the Buyer informed the Seller when entering into the agreement, and the Seller did not raise any objection to such intended use;

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

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

  2. A notification of defects in the Goods should be sent electronically to the email 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 formulate a notification of defects in the Goods, the notification may, for example, be submitted using the form constituting Appendix 2 to these Terms and Conditions. This is solely a convenience for the complaint process and does not constitute any requirement to use the aforementioned template for the complaint to be effective.

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

  4. The Seller shall respond to the Consumer's notification without delay, but no later than within 14 calendar days from the date of its receipt. Failure to consider the notification within the specified period shall be equivalent to its acceptance by the Seller and recognition that it is justified.

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

 

§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 an item of this kind should have in view of the purpose specified in the contract or arising from the circumstances or purpose;

  2. does not have the properties that the Seller assured the Buyer it had, including by presenting a sample or model;

  3. is not suitable for the purpose about which the Buyer informed the Seller when concluding the contract, and the Seller did not object to that purpose;

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

  1. The presumption of nonconformity of the Goods is valid for 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 prepare a notification of defects in the Goods, the notification may be sent, for example, using the form attached as Appendix No. 2 to these Regulations. This is provided solely as a convenience in the complaint process and does not constitute a requirement to use the aforementioned template for the complaint to be effective.

  3. If 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 will be indicated in each case when the complaint is received.

  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 recognition that it is justified.

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

 

§9 Withdrawal (mandatory information)

 

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

  2. Pursuant to the law, a Customer who is a Consumer within the meaning of Article 27 of the Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended) on consumer rights has the right to withdraw from a distance contract without giving any reason. 

  3. The right to withdraw from the contract is available within 14 calendar days from the moment the Goods are taken into possession by the Customer who is also a Consumer, or by a third party designated by the Customer other than the carrier.

  4. When a Customer who is a Consumer withdraws from the contract, the contract is deemed not to have been concluded, and the Consumer is then released from all obligations. Anything the parties provided to each other must be returned unchanged, unless the change was necessary within the scope of ordinary management. The return should take place immediately, no later than within fourteen days.

  5. A Customer who is a Consumer may withdraw from the contract by submitting a statement using the online form constituting Annex 1 to these Terms and Conditions and sending it electronically or to the Seller’s postal address, at the Customer’s choice. Annex 1 is provided solely as an aid for withdrawing from the contract; it is not a mandatory template for exercising the right of withdrawal. The Customer may, but does not have to, use it. To withdraw effectively, it is sufficient to send a written statement to the Seller’s address.

  6. To meet the deadline specified in point 2, it is sufficient to send the Customer’s statement of withdrawal from the contract before it expires.

  7. The Seller shall promptly confirm to the Customer receipt of the statement of withdrawal from the contract and inform the Customer accordingly about the further procedure, including the method of returning the Goods, and shall answer any questions. 

  8. The Seller shall promptly, and no later than within 14 calendar days from the date of receiving the Customer’s statement of withdrawal from the contract, reimburse the Customer for all payments received from them, including the costs of delivering the item. The Seller shall make the reimbursement using the same payment method used by the Customer, unless the Customer has expressly agreed to a different method of reimbursement that does not incur any costs for them.

  9. If, after obtaining the Customer’s consent, the Seller has not undertaken to collect the Goods themselves, the Seller may withhold reimbursement of the payments received, including the costs of delivering the item, until they receive the Goods back or the Customer provides proof or confirmation that the Goods have been sent back, whichever occurs first.

  10. The Customer must return the item to the Seller or hand it over to a person authorized by the Seller without delay, but no later than within 14 calendar days from the day on which they withdrew from the contract, unless the Seller has offered to collect the Goods themselves. To meet the deadline, it is sufficient to send the Goods back before it expires.

  11. A 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 distance contract without giving any reason and without incurring any costs, except for the costs specified in Articles 33 and 34 of the Consumer Rights Act.

  13. The Goods should be delivered to the Seller’s Address (see §1 point 6: “Seller”).

  14. The Consumer is liable for any reduction in the value of the item resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods. This means that the Buyer has the right to assess and inspect the Goods, but only in the same way as they could do so in a brick-and-mortar store (i.e., to check their completeness and technical parameters). The Consumer may not use the item normally; otherwise, if they withdraw from the contract, they may be charged additional costs related to the reduction in its value. 

  15. The Customer does not have the right to withdraw from contracts specified in Article 38 of the Act of May 30, 2014 on Consumer Rights, including in the following 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 performance began that, once the entrepreneur had performed the service, the Consumer would 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 withdrawal period expires; 

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

  4. in which the subject of the performance is an item that is liable to deteriorate quickly or has a short shelf life; 

  5. in which the subject of the performance is an item delivered in sealed packaging that cannot be returned after the packaging has been opened for reasons of health protection or hygiene, if the packaging was opened after delivery;

  6. in which the subject of the performance consists of items that, after delivery, become inseparably connected with other items due to their nature.

§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, it is sufficient to send the Customer's statement of withdrawal from the contract before it expires.

  7. The Seller will promptly acknowledge receipt of the Customer's statement of withdrawal from the contract and inform the Customer of the further procedure, including how to return the Goods, and will answer any questions they may have. 

  8. The Seller shall immediately, and in any event no later than 14 calendar days from the date of receipt of the Customer's statement of withdrawal from the contract, refund all payments received from the Customer, including the cost of delivering the item. The Seller shall make the refund using the same method of payment used by the Customer, unless the Customer has expressly agreed to another refund method that does not involve any costs for them.

  9. If the Seller, after obtaining the Customer's consent, 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 or confirmation of their return, whichever occurs first.

  10. The Customer is obliged to return the Goods to the Seller or hand them over immediately to a person authorized by the Seller, but no later than within 14 calendar days from the date on which the Customer 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 it expires.

  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 distance contract without giving any reason and without incurring any costs, except for the costs specified in Articles 33 and 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 Act of May 30, 2014 on Consumer Rights, including:

  1. for the provision of services, if the entrepreneur has fully performed the service with the Consumer's express consent, after the Consumer was informed before the service began that they would lose the right of withdrawal once the entrepreneur had fully performed the service; 

  2. in which the price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the withdrawal period expires; 

  3. in which the object of performance is a non-prefabricated item manufactured to the Consumer's specifications or serving to meet their 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 that cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery;

  6. in which the object of performance is goods that, after delivery, by their nature become inseparably incorporated into other goods.

§10 Complaint Procedure

 

  1. To submit a complaint correctly, the Customer should provide their details, such as: first and last name or company name, residential address or company registered office address, and email address; the subject of the complaint; where possible, the order number, together with an indication of the period to which the complaint relates; and the circumstances justifying the complaint (a description of what it concerns), including, where applicable, which characteristics the ordered Goods lack despite the Seller's assurances or the way in which they were presented to the Customer.

  2. If the Customer is a Consumer, in the event of a first complaint, the customer may request the repair or replacement of the goods. Only if the trader refuses to remedy the defect or replace the goods will the consumer be entitled to withdraw from the contract. For digital goods, the consumer may also request that defects in digital services be remedied. If remedying the defect or replacing the goods is ineffective, the consumer may request a price reduction or withdraw from the contract. If bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared with the method proposed by the Seller, the reasonableness of the costs shall be assessed by taking into account the value of the defect-free item, the type and significance of the identified defect, and the inconvenience to which the Customer would be exposed by another method of obtaining a remedy. 

  3. Unless separate provisions state otherwise, the trader is required to respond to the consumer's complaint within 14 days of receiving it. If the trader has not responded to the complaint within the aforementioned period, the complaint is deemed to have been accepted. The trader shall provide the consumer with a response to the complaint on paper or another durable medium (e.g., a USB flash drive or CD/DVD)." 

  4. If the complaint is not considered within the specified period, it shall be deemed accepted by the Seller. A claim to withdraw from the contract, if not considered within the specified period, is not equivalent to acceptance of the complaint submitted.

 

§10 Complaint procedure

 

  1. To submit a complaint properly, the Customer should provide their details, such as their first and last name or company name, residential or registered office address, and email address; the subject of the complaint; if possible, the order number, indicating the period to which the complaint relates; and the circumstances justifying the complaint (a description of what it consists of) or the features that the ordered Goods lack, which, according to the Seller's assurances or the way they were presented to the Customer, they were supposed to have.

  2. If the customer is a Consumer, in the case of the first complaint, the customer may request that the goods be repaired or replaced. Only if the trader refuses to remedy the defect or replace the goods will the consumer be entitled to withdraw from the contract. For digital goods, the consumer may also request that defects in the digital services be remedied. If the remedying of defects or replacement is ineffective, the consumer may demand a price reduction or withdraw from the contract if bringing the item into 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 whether the costs are excessive, the value of the defect-free item, the type and significance of the defect, and the inconvenience to which the customer would be exposed by another means of remedy shall be taken into account. 

  3. Unless separate provisions state otherwise, the trader is required to respond to the consumer's complaint within 14 days of receiving it. If the trader has not responded to the complaint within the aforementioned period, the complaint is deemed to have been accepted. The trader shall provide the consumer with a response to the complaint on paper or another durable medium (e.g., a USB flash drive or CD/DVD)." 

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

 

§11 Liability

  1. The Customer is not entitled to:

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

  2. posting content of an advertising and/or promotional nature that is inconsistent with the purpose of the Store.

  1.  The Customer is prohibited from posting content:

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

  2. made 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 information covered by a confidentiality clause, especially information classified as secret or top secret;

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

  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, applicable laws, social norms, or customs.

  1. Upon receiving notification from an authorized third party or a state authority, the Seller reserves the right to modify or remove content posted by the Customer if it is determined that the content may violate these Terms and Conditions or applicable laws. The Seller does not continuously monitor the content posted.

§11 Liability

 

  1. The Customer is not entitled to:

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

  2. posting content of an advertising and/or promotional nature that is inconsistent with the purpose of the Store.

  1.  The Customer is prohibited from posting content:

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

  2. made 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 information covered by a confidentiality clause, especially information classified as secret or top secret;

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

  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, applicable laws, 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 Out-of-court methods of handling complaints and pursuing claims

 

  1. Information on out-of-court methods of handling complaints and pursuing claims, as well as the rules for accessing these procedures, is available at the offices and on the websites of district (municipal) Consumer Ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Trade Inspection Inspectorates, 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_indywidualne.php

  2. The Consumer has, among others, the following options for using out-of-court methods of handling complaints and pursuing claims:

  3. applying to the Provincial Trade Inspection Inspectorate with a request to initiate mediation proceedings concerning an amicable resolution of the dispute.

  4. applying to the permanent Consumer Arbitration Court operating at the Provincial Trade Inspection Inspectorate, requesting resolution of a dispute arising from the concluded agreement, at www.uokik.gov.pl/wazne_adresy.php.

  5. seeking free legal assistance, including from the Consumers' Federation—the website address: www.federacjakonsumentow.org.pl.

  6. The European Consumer Centres Network assists in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Centre www.konsument.gov.pl.

  7. The Consumer may also use the online dispute resolution platform (the 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 (the Regulation on consumer ODR). ODR (online dispute resolution) is available at: http://ec.europa.eu/consumers/odr/ The European ODR platform serves as a single point of access for consumers and businesses, enabling the out-of-court resolution of disputes concerning contractual obligations arising from an online sales agreement:  https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

  8. Using out-of-court methods for handling complaints and pursuing claims is voluntary and may take place only if both parties to the dispute, i.e. the Seller and the Customer, agree 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_indywidualne.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 CONCERNING ENTREPRENEURS

 

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

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

      1. The Website informs that, in accordance with Article 558 § 1 of the Civil Code, liability under the statutory warranty for a product/service toward a customer who is not a consumer 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 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 registered office 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 respects all rights of Customers provided for by applicable law. 

  2. If applicable law grants consumer Customers more favorable mandatory legal provisions than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions are directly replaced by the specific provisions of applicable law and are therefore binding on the aforementioned owner.

  3. All content posted on the online store platform (including graphics, text, page layouts, and logos) is protected by copyright and is its exclusive property. Using this content without written consent may result in civil and criminal liability.

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

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

  • The person providing their personal data has an unrestricted right to access all of their personal data and to rectify, erase (the right to be forgotten), or restrict the processing thereof, the right to data portability, and the right to withdraw consent at any time without affecting the lawfulness of processing; however, the data may be disclosed to the relevant state authorities where required by applicable law. 

  • The legal basis for processing personal data shall be Article 6(1)(a) and the provisions of the General Data Protection Regulation.

  • Personal data shall be stored and processed for the period necessary to complete the processing and fulfill the order, but no longer than 3 years (2 years for complaints and 1 year for any other potential claims and exceptional circumstances).

  • The person providing their personal data has the right to lodge a complaint with the UODO if they consider that the processing of personal data relating to order fulfillment violates the provisions of the General Data Protection Regulation of 27 April 2016;”

  1. The amended Regulations shall be binding on Customers if the requirements set out in Article 384 of the Civil Code have been met (i.e., the Customer has been properly notified of the changes).

  2. The Seller reserves the right to amend the Regulations for important reasons, namely: 

  1. changes in legal regulations; 

  2. changes to payment and delivery methods; 

  3. changes in exchange rates, 

  4. changes to the method of providing services electronically covered by the Regulations, 

  5. changes to the Seller’s details, including the email address and telephone number. 

  1. Amendments to the Regulations do not affect orders already placed and being processed; such orders are subject to the Regulations in force at the time the order was placed. The Seller shall inform customers of any intended amendment on the store’s website at least 30 days in advance. If they do not accept the amended Regulations, Service Users may terminate the agreement with immediate effect within 30 days of receiving the notice. 

  2. Any disputes arising from the provision of services under these Regulations shall be submitted to the jurisdiction of the common court having jurisdiction over the registered office of the Internet Service, in accordance with the applicable provisions of Polish law.

  3. The Regulations may be translated into other languages; however, in the event of any doubt, the Polish version of the Regulations shall prevail.

  4. The appendices to the Regulations constitute an integral part thereof.

  5. The sales agreement is concluded in Polish and its content complies with the Regulations.

  6. Customers of the aforementioned online store platform may access these Regulations at any time via the link provided on the service’s home page, and may download and print them; however, their commercial use is protected by the LEGATO Law Firm. 

  7. The Regulations shall enter into force on 04.12.2024.

§14 Final Provisions

 

  1. The online store platform honors all customer rights provided for by applicable law. 

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

  3. All content published on the Online Store Platform (including graphics, texts, page layout, and logos) is protected by copyright and is the exclusive property of the Online Store Platform. Using 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, informs you that:

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

  • the person providing their personal data has the unrestricted right to access all of their data and to have it rectified, erased (the right to be forgotten), or have its processing restricted, as well as the right to data portability and to withdraw consent at any time without affecting the lawfulness of processing; however, the data may be made available to the competent state authorities when the applicable regulations so require. 

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

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

  • the person providing their personal data has the right to lodge a complaint with the DPA if they believe that the processing of their personal data in connection with the fulfillment of the order violates the provisions of the General Data Protection Regulation of April 27, 2016;

  1. The amended Terms and Conditions are binding on Customers provided that the requirements set out in Article 384 of the Civil Code have been met (i.e., the Customer has been properly notified of the changes).

  2. The Seller reserves the right to amend the Terms and Conditions for important reasons, namely: 

  1. changes in legislation; 

  2. Changes to payment and delivery methods; 

  3. changes in exchange rates, 

  4. changes to the manner in which the electronic services covered by the Terms and Conditions are provided, 

  5. changes to the Seller's details, including the email address and telephone number. 

  1. Amendments to the Terms and Conditions do not affect orders already placed and fulfilled; such orders are governed by the Terms and Conditions in force when the order was placed. The Seller shall inform customers of the planned amendment on the store website at least 30 days in advance. If the amended Terms and Conditions are not accepted, Service Recipients may terminate the contract with immediate effect within 30 days of receiving the notice.  

  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. The 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 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 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 Office is prohibited and may be subject to both criminal and civil liability. Online sellers can learn more about the possibility of using the template of the Terms and Conditions of Sale at 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 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