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Regulations

I. GENERAL PROVISIONS

  1. The Online Store available at the Internet address stipl.pl is operated by 530lab with registered office in Gdynia, ul. Warszawska 12/8, 81-314 Gdynia, NIP 554-260-09-05, REGON 093221496; e-mail address: info@stipl.pl.
  2. The use of the Online Store requires that the end device and data communications system used by the Customer meet the Technical Requirements.
  3. The Terms and Conditions are addressed to both Consumer and non-Consumer Customers using the Online Store, Electronic Services or entering into Sales Agreements (with the exception of point XII of the Terms and Conditions, which is addressed exclusively to non-Consumer Customers).
  4. Acceptance of the Terms and Conditions is voluntary, but necessary in order to create an Account and/or for the Customer to place an Order.
  5. Information presented in the Online Store or, in the case of placing an Order using other means of remote communication, an electronic message confirming the content of the proposed Sales Agreement, as referred to in point III paragraph. 6.1 of the Regulations, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code, directed by the Seller to Customers, and not an offer within the meaning of the Civil Code.
  6. Whenever the following capitalized phrases are used in the following section of the Regulations, they shall be understood in the sense given below, unless the context of their use clearly indicates otherwise:
    1. BOK – the Seller’s Customer Service Office, which provides customers with information regarding the Online Store’s business, including the Products, the Store, the Terms and Conditions and current Promotions, on Business Days, during the hours indicated in the Online Store under the “Contact Us” tab, at the e-mail addresses indicated there, via the Online Store’s chat room and the Online Store’s contact form under the “Contact Us” tab.
    2. PRICE – the amount of gross remuneration (including tax) due to the Seller for transferring the ownership of the Product to the Customer in accordance with the Sales Agreement, specified in Polish zlotys or in another currency. The price does not include delivery costs, unless the terms and conditions of the Promotion applied by the Online Store state otherwise.
    3. WORKING DAY – one day from Monday to Friday excluding public holidays.
    4. PASSWORD – a string of alphanumeric characters necessary for authorization when accessing the Account, specified by the Customer when creating the Account. Registration of an Account requires repeating the Password twice to allow detection and correction of any errors. The Customer is obliged to keep the Password confidential (not to disclose it to any third party). The Seller provides the Customer with multiple opportunities to change the Password.
    5. CUSTOMER- (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; having full legal capacity. If the Customer is an individual with limited legal capacity, he/she is obliged to obtain the legally effective consent of his/her statutory representative to conclude the Service Agreement/Sales Agreement and to present such consent at any request of the Seller, while, as a rule, Sales Agreements concluded within the framework of the Online Store are in the nature of agreements commonly concluded for minor day-to-day matters.
    6. CIVIL CODE – the Civil Code Act of April 23, 1964. (Journal of Laws 2014, item 121 as amended).
    7. CONSUMER – a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
    8. ACCOUNT – Electronic Service, marked with an individual name (Login) and Password provided by the Customer, a set of resources in the Seller’s ICT system, allowing the Customer to use additional functionalities/services. The Customer accesses the Account using the Login and Password. The customer logs into his Account after registering with the Online Store. The Account allows saving and storing information about the Customer’s address data for shipment of Products, tracking the status of the Order, access to the Order history and other services provided by the Seller.
    9. CART – a service made available to each Customer who uses the Online Store, consisting of allowing him/her to place an Order for one or more Products, to enter discount codes allowing to reduce the Price under the terms of separate agreements/regulations, to display a summary of the Price of individual Products and all Products together (including possible shipping costs), to display the expected delivery date of the Products. The shopping cart collects offers submitted by the Customer to conclude a Sales Agreement, i.e. More than one offer to conclude a Sales Agreement can be made under a single Order.
    10. LOGIN – the Customer’s e-mail address provided within the Store when creating an Account.
    11. NEWSLETTER – Electronic Service, which allows all Customers using it to receive periodic information from the Seller, in particular about Products, the Online Store, including news and promotions, to the e-mail address or telephone number provided by the Customer, with the express consent of the Customer.
    12. PRODUCT – a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller, against payment of the Price. 
    13. PROMOTIONS – special conditions of sale or provision of services, regulated on the terms expressed within the Online Store, offered by the Seller at a certain time, which the Customer may take advantage of under the terms specified therein, such as a reduction in price or shipping costs.
    14. TERMS AND CONDITIONS/SERVICE AGREEMENT – this document setting out the rules for the conclusion of Sales Agreements and the rules for the provision and use of services made available by the Seller through the Store to Customers. The Regulations define the rights and obligations of the Customer and the Seller. With respect to services provided electronically, these Regulations are the regulations referred to in Art. 8 of the Law of July 18, 2002. On provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).
    15. INTERNET STORE – a platform that allows placing of Orders by the Customer and provision of services made available by the Seller, run by the Seller, constituting a set of interconnected websites.
    16. SELLER – the Online Store referred to in point I paragraph. 1 Regulations.
    17. CONTENT/Content – textual, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional videos, descriptions, comments) including works within the meaning of the Act on Copyright and Related Rights and images of natural persons, which are distributed within the scope of the Internet Store by the Seller, the Seller’s contractors, the Customer or any other person using the Internet Store, respectively.
    18. CONTRACT OF SALE – a contract of sale within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of a Product against payment of the Price plus any. additional fees, including shipping costs, the terms of which are specified in particular in these Regulations. The Sales Contract is concluded between the Customer and the Seller using means of distance communication, after acceptance of the Order by the Seller under the terms of these Regulations. The Sales Contract specifies, in particular, the Product, its main features, the Price, shipping costs and other relevant terms and conditions. Each Product is subject to a separate Sales Contract. This also applies when the Seller, within the functionality of the Online Store, for objective (materially justified) reasons, makes the conclusion or content of a Sales Contract for a given Product dependent on the conclusion of another Sales Contract, due to the direct relationship between the Products. The Seller may also conclude a Sales Agreement with a Customer who is not a Consumer as a result of concluding an agreement bypassing the procedure specified in these Regulations, which will be confirmed by e-mail at the request of either party to the Sales Agreement.
    19. ELECTRONIC SERVICE – provision of services by electronic means within the meaning of the Act of July 18, 2002. on provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended), by the Seller to the Customer via the Online Store, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Seller, the relevant provisions on the rules of use of these services are contained in the rules and regulations on the provision of services by these entities.
    20. THE ACT ON CONSUMER RIGHTS, THE ACT – the law of May 30, 2014. On consumer rights (Journal of Laws 2014 item 827 as amended).
    21. TECHNICAL REQUIREMENTS – the minimum technical requirements to be met in order to cooperate with the information and communication system used by the Seller, including the conclusion of the Service Agreement or the conclusion of the Sales Agreement, i.e.: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) inclusion of Cookies and Javascript support in the web browser. In order to conclude a Sales Agreement, the Customer must have an active e-mail address and, in certain cases, a keyboard or other device that allows the proper completion of electronic forms.
    22. ORDER – a declaration of will of the Customer expressing a direct will to conclude a Distance Sales Agreement made using means of distance communication, specifying the Product as to which the Customer makes an offer to conclude a Sales Agreement and the Customer’s data necessary for the possible conclusion and execution of the Sales Agreement. The order of each Product will be treated as an independent offer by the Customer to conclude a Sales Contract (technical facilitation). This also applies when the Seller, within the functionality of the Online Store, for objective (materially justified) reasons, makes the conclusion or content of a Sales Contract for a given Product dependent on the conclusion of another Sales Contract, due to the direct relationship between the Products. The order may be assigned a single number, and all bids will be processed in parallel. Acceptance of the Order means the conclusion of the Sales Agreement (see above).


II. ELECTRONIC SERVICES IN THE ONLINE STORE

  1. The Seller provides the following Electronic Services to Customers free of charge via the Online Store:
    1. Account,
    2. Enabling Customers to place Orders and conclude Sales Agreements, under the terms of these Regulations;
    3. Presenting customers with advertising content tailored to their interests;
    4. Enabling customers to use the services of the Shopping Cart;
    5. Allowing you to view Content posted within the Store;
    6. Newsletter,
    7. wish list creation.
  2. The Seller additionally, for the benefit of Customers who have created an Account, provides the following services free of charge via the Online Store:
    1. Maintaining the Customer’s session after the Customer logs into the Account;
    2. storing and making available to the Customer through the Account the history of Orders.
  3. The use of the Account is possible after the Client has completed the following steps together:
    1. completing the registration form and accepting the provisions of these Regulations,
    2. clicking the “Register” field
  4. The Agreement for the Provision of Services is concluded when the Customer receives a confirmation of the conclusion of the Agreement for the Provision of Services sent by the Seller to the email address provided by the Customer in the course of registration. The account is provided free of charge for an indefinite period of time. The Customer may at any time and without giving any reason delete the Account by sending a request to the Seller, in particular via e-mail to: info@stipl.pl.. Creating an Account is not required to place an Order on the Online Store. The Seller may introduce such a restriction within the functionality of the Online Store, in particular due to the relationship of a particular Product or type of Products with the services provided within the Account.
  5. The use of the Shopping Cart begins when the Customer adds the first Product to the Cart.
  6. The shopping cart is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier. The shopping cart remembers information about the Products selected by the Customer also after the end of the browser session, including logging out, but it does not ensure the availability of copies of the Products selected by the Customer in order to allow placing an Order at a later date.
  7. In particular, the customer is obliged to:
    1. to provide in the forms made available within the Online Store only true, current and all necessary data of the Customer;
    2. Immediately update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the Agreement for the Provision of Services or Sales Agreement, in particular to the extent that it is necessary for their proper execution; the Customer has the opportunity to change the data entered during the creation of the Account at any time using the options available within the Account;
    3. use of services and functionalities provided by the Seller in a manner that does not interfere with the functioning of the Seller or the Online Store;
    4. use of services and functionalities provided by the Seller in a manner consistent with the provisions of law, the provisions of the Rules and Regulations, as well as with the customs and rules of social coexistence accepted in this area;
    5. use of services and functionalities provided by the Seller in a manner that is not onerous for other Customers and for the Seller;
    6. timely payment of the Price and other costs agreed upon by the Customer and the Seller in full;
    7. timely pickup of Products ordered using cash on delivery and payment methods;
    8. not to provide or transmit within the Store Content that is forbidden by law, in particular Content that violates the property copyrights of third parties or their personal rights;
    9. not taking actions such as:
      1. sending or posting unsolicited commercial information on the Online Store or posting any Content that violates the law (prohibition of posting illegal Content);
      2. undertaking computer activities or any other activities aimed at gaining possession of information not intended for the Customer, including other Customers’ data or interfering with the principles or technical aspects of the Store’s operation and payment processing;
      3. modify in an unauthorized manner the Content provided by the Seller, in particular the Prices or Product descriptions provided within the Store;
  8. Complaints related to the provision of Electronic Services can be submitted electronically via e-mail to: info@stipl.pl.
  9. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Customer’s request; and (3) contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Seller. The requirements stated in the preceding sentence are in the form of a recommendation and do not affect the effectiveness of complaints made with the omission of the recommended description of the complaint.
  10. The Seller shall respond to the complaint immediately, no later than within 30 days from the date of its submission, in accordance with Article. 7a para. 1 of the Act, unless a different deadline is provided by law or separate regulations.

III. TERMS AND CONDITIONS OF CONTRACT OF SALE

  1. The main features of performance, including the subject matter of performance and the method of communication with the Customer, are specified on the Product page or in another manner appropriate to the Product, within the Online Store.
  2. As part of the development of the Products or services available on the Online Store and due to their specificity, the Seller may impose restrictions on the ways of placing Orders for certain Products. If several Orders are placed at the same time, of which the restriction referred to above applies to at least one, the availability of Ordering methods may be affected for the others as well. The Seller allows placing Orders for Products in the following way:
    1. In the Online Store;
    2. By contacting the BOK.
  3. As part of the development of the services provided, the Seller may introduce further ways of placing Orders using means of distance communication, under the terms of these Regulations.
  4. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order.
  5. The Vendor allows the Customer to place an Order via the Online Store as follows, sequentially:
    1. The customer adds the selected Product(s) to the Cart then proceeds to the order form. The Seller may make available within the Online Store additional services for the Product added to the Cart, such as personalization, adding other related Products not available for independent sale in the Online Store.
    2. A customer with an Account confirms in the order form the validity of the data necessary for the conclusion and execution of the Sales Agreement. A user who does not have an Account must independently fill in the order form with his/her data necessary for the conclusion and execution of the Sales Agreement. In any case, the provision of outdated or false customer data may prevent the execution of the Agreement. In the order form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), if available, type, color and size of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company, and if they requested a VAT invoice as part of the form, also the Tax Identification Number. As part of the development of the Products or services available on the Online Store, the Seller may introduce the obligation to provide in the content of the Order form or in another appropriate place, other information about the Product or the Customer, appropriate and, in the case of personal data, also necessary, in particular due to the specificity of the Product or service, for example, to personalize the Product.
    3. The customer chooses one of the delivery methods provided by the Seller.
    4. The customer chooses the method of payment of the Price and any other total costs for the implementation of the Sales Agreement indicated in the order form.
    5. The Customer sends the Seller an Order (submits an offer) using the functionality of the Online Store provided for this purpose. In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions is required.
    6. When placing an Order, the Customer has the ability to independently correct the entered data within the Cart by adding or removing an item from the Cart. Removal of an item may automatically remove another item from the Cart as well, due to the direct relationship between the Products.
    7. Depending on the payment method selected, the customer may be redirected to the pages of a third-party payment service provider to make payment.
  6. If the Seller on its own initiative proposes to the Consumer to conclude a Sales Agreement using other means of remote communication, including by telephone:
    1. The Seller sends an email to the Consumer confirming the content of the proposed Sales Agreement,
    2. The consumer sends the Order to the Seller by message to the e-mail address from which he received the confirmation referred to in paragraph. 6.1 above,
    3. In the case of a Consumer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions by the Consumer is required.
  7. In other than those specified in paragraph. 6 above cases of conclusion of a Sales Agreement using other means of remote communication, including by telephone, at the initiative of the Consumer, the paragraphs below shall apply accordingly, taking into account the circumstances and the means of communication used.
  8. The Seller, in response to the Order, immediately sends an automatic message to the Customer at the e-mail address provided by the Customer for this purpose with confirmation of receipt of the Order and the start of its verification.
  9. After verifying the Order, without unreasonable delay, the Seller sends a message to the Customer at the provided e mail address with:
    1. Confirmation of acceptance of one or more individual offers for the Products, made as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order with respect to the Products indicated in the message); or
    2. information about the non-acceptance of all bids for the Products, submitted within the scope of the Order, in particular for the reasons indicated in point IV paragraph. 5 below (non-payment); or for the reasons indicated in Section XI, paragraph. 5 below (unclaimed shipment).
  10. The Sales Agreement is concluded upon confirmation of the offer(s), i.e. Customer’s receipt of the message referred to in paragraph. 9.1 above to the extent of the Products indicated therein. In the case of non-prefabricated Products, the Sales Contract is concluded upon confirmation of the offer(s), i.e. Customer’s receipt of the message referred to in paragraph. 9.1 above to the extent of the Products indicated therein, unless the Seller immediately informs the Customer of the impossibility of fulfillment in the scope of the ordered Non-Prefabricated Product. At that time, the Sales Agreement with respect to the offer for. Non-refabricated Product shall be deemed not concluded. The seller sends the customer a confirmation of the terms of the Agreement to the e mail address provided by the customer.
  11. If it is not possible to accept all or some of the offers submitted under the Order, the BOK will contact the Customer to:
    1. To inform the Customer of the impossibility of accepting all the offers to conclude the Sales Agreement made under the Order; or
    2. Confirmation by the Customer of the will to execute the Order in the part in which the Seller agreed to accept the offers to conclude the Sales Agreement. Then the customer may cancel the Order in its entirety (to the extent of all offers), which does not affect his right to withdraw from the contract. Cancellation of the Order by the Customer releases the Seller from the obligation to fulfill the Order. In the case of cancellation of the Order, the corresponding application of paragraph. 12 below.
  12. If it is not possible to accept the offer(s) made under the Order, the Sales Agreement in the scope of the Products indicated by the BOK is not concluded, and the Seller shall immediately, no later than within 14 days, return to the Customer the payments made by him, to the extent that the Sales Agreement has not been concluded. The provisions of point VIII paragraph. 6 of the Regulations shall apply accordingly.
  13. Independently, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e mail address provided by the Customer, SMS or contacting by phone.
  14. The Seller strives to ensure the availability of Products and the performance of the Sales Agreement. In the event of failure to perform and in other situations specified by law, the relevant provisions of the Civil Code, including Art. 493-495 of the Civil Code, in particular regarding the obligation to promptly return the benefit to the Consumer.
  15. The total value of the Order includes the Price, shipping costs and possible. other costs of optional paid services selected by the client. The Seller may determine the threshold of the minimum value of the Order for which the shipment of Products is free. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including charges for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these charges – about the obligation to pay them, the Customer is informed in the course of placing the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
  16. Promotions valid in the Online Store are not cumulative, unless the provisions of the Promotion expressly provide otherwise.

IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

  1. The Seller shall make available to the Customer, subject to the provisions of Section XI, paragraph. 5, various methods of payment for the Sales Agreement.
  2. Possible current methods of payment are specified in the Online Store in the “Methods of payment” tab and each time on the sub-page of a given Product, including at the moment when the Customer expresses his/her will to be bound by the Sales Agreement. The available payment methods may depend on the delivery method or Product selected by the Customer. The available payment methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.
  3. Settlement of electronic payment and payment card transactions is carried out according to the customer’s choice through authorized services.
  4. In case of non-receipt by the Seller of the payment of the Customer who has chosen to pay in advance, i.e. payment by bank transfer, electronic payment or payment by credit card, the BOK may contact the customer to remind him of the payment, including by sending an email. Failure to make payment within 3 days of placing the Order and then within an additional 2-day period will result in non-acceptance of the offer made by the Customer under the Order. The Customer may also, up to the moment of receiving the message about sending the Order, cancel it without any consequences by contacting the Seller through the BOK, which does not affect his right to withdraw from the contract – however, this does not apply to Non-refabricated Products manufactured to the Customer’s specifications or serving to meet his individualized needs .
  5. If the customer chooses to pay cash on delivery, the customer is obliged to make payment on delivery. Refusal to take delivery of the Product, despite the setting of an additional appropriate period of time, is a condition that terminates the Sales Agreement. The Customer may also cancel the Order within the indicated period without incurring any consequences, which does not affect his/her right to withdraw from the contract – however, this does not apply to non-refabricated Products manufactured to the Customer’s specifications or serving to meet his/her individualized needs.

V. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT

  1. Delivery of the Product is available on the territory of the Republic of Poland and to selected countries indicated in the Online Store.
  2. Delivery of the Product to the Customer is for a fee, unless the Sales Agreement provides otherwise. The currently available methods and costs of delivery of the Product are indicated to the Customer in the tab “Delivery Costs” in the Online Store and each time on the sub-page of the given Product, including at the moment when the Customer expresses his/her will to be bound by the Sales Agreement.
  3. Available delivery methods may depend on the payment method or Product selected by the Customer. The available methods of delivery may change in case of placing several Orders at the same time, in particular due to the Products covered by them.
  4. The total waiting time for the Customer to receive the Product (delivery time) consists of the time for the Seller to prepare the Order for shipment and the time for the carrier to deliver the Product.
  5. The time limit for delivery of the Product to the Customer is up to 14 Business Days, unless a shorter time limit is specified in the description of the Product in question or in the course of placing the Order.
  6. The time of preparation of the Order for shipment by the Seller is each time presented on the sub-page of the Product in question and is calculated from the day (the beginning of the delivery period):
    1. crediting the Seller’s bank account or checking account – if the Customer chooses the method of payment by bank transfer, electronic payment or payment card
    2. To conclude a Sales Agreement – in case the Customer chooses cash on delivery payment method.
  7. To the above time should be added the time of delivery of the Product by the given carrier, which depends on the form of delivery chosen by the Customer and is each time presented on the sub-page of the given Product and in the Online Store.

VI. PRODUCT COMPLAINT

  1. The basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are set out in the provisions of the Civil Code Act, in particular Art. 556 et seq. of the Civil Code.
  2. Products presented in the Online Store may be covered by a manufacturer’s or distributor’s warranty. The detailed terms of the warranty and its duration are then stated in the warranty card issued by the guarantor and attached to the Product.
  3. The Seller is obliged to provide the Customer with a Product without defects.
  4. A complaint can be submitted by the customer electronically. If the complaint concerns a Product it is usually advisable to deliver it to the Seller together with the complaint, in order to allow the Seller to examine the Product.
  5. If the sold Product has a defect, the Customer may:
    1. make a statement about reducing the Price or withdrawing from the Sales Agreement, unless the Seller immediately and without undue inconvenience for the Customer will replace the defective Product with a defect-free one or will remove such defect. The reduced price should remain in such proportion to the contract price as the value of the Product with the defect remains to the value of the Product without the defect. The customer may not withdraw from the contract if the defect in the Product is insignificant;
    2. Demand replacement of the Product with a defect-free one or removal of the defect. The Seller shall replace the defective Product with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Customer;
  6. The Customer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a defect-free one, or instead of replacing the Product, demand the removal of the defect, unless bringing the Product into conformity with the contract in the way chosen by the Consumer is impossible or would require excessive costs in comparison with the way proposed by the Seller. In assessing the excessiveness of the costs, the value of the Product free of defects, the type and significance of the defect found, as well as the inconvenience to which other means of satisfaction would expose the Consumer shall be taken into account.
  7. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements stated in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
  8. The Seller will respond to the Customer’s complaint immediately, no later than within 14 days of receipt. If the Customer has requested replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days from the date of its receipt, it is considered that the Seller recognized the request as justified.
  9. If it is necessary for the Seller to respond to the Customer’s complaint or to exercise the Customer’s rights under the warranty, it will be necessary to deliver the Product to the Seller, in accordance with Art. 5612 in zw. from Art. 354 § 2 of the Civil Code, the Customer shall deliver the Product at the Seller’s expense. However, if due to the nature of the defect, the type of the Product or the manner of its installation, the delivery of the Product by the Customer would be impossible or excessively difficult, the Customer may be asked to make the Product available to the Seller, by appointment, at the place where the Product is located.
  10. The Seller shall be liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the Product to the Customer. A claim for removal of a defect or replacement of the Product with a defect-free one year from the date of discovery of the defect, but in the case of an Order placed by a Consumer – the course of the statute of limitations may not end before the expiration of the period referred to in the first sentence.

VII. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

  1. The use of out-of-court means of handling complaints and claims is voluntary. The following provisions are for informational purposes and do not constitute an obligation on the part of the Seller to use out-of-court dispute resolution. The Seller’s statement of consent or refusal to participate in the procedure for out-of-court settlement of consumer disputes is submitted by the Seller on paper or other durable medium in the event that the dispute is not resolved following a complaint filed by the Consumer.
  2. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and on the websites of the Office of Competition and Consumer Protection.

VIII. RIGHT OF WITHDRAWAL

  1. A consumer who has concluded a remote contract may withdraw from it without giving any reason and without incurring any costs than those provided by law, within the time limit:
    1. 14 days from the date referred to in the following paragraph. 4 (hereinafter also “Statutory Right of Withdrawal”);
    2. From the 15th to the 30th day from the day referred to in the following paragraph. 4 (hereinafter also “Extended Right of Withdrawal”) – subject to the following paragraph. 11.
  2. The consumer can use the model withdrawal form, but it is not mandatory.
  3. The period for withdrawal from the Sales Agreement starts from the date of taking possession of the Product by the Consumer or a third party other than the carrier designated by the Consumer, and in the case of a Sales Agreement that:
    1. includes multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or
    2. consists in the regular delivery of Products for a fixed period of time – from taking possession of the first Product;
  4. In the case of withdrawal from a remote contract, the contract is considered not concluded.
  5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the contract, return to the Consumer the payments made by him/her, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method available in the Online Store).
  6. If the Consumer exercises the Statutory Right of Revocation, the Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer. If the Consumer exercises the Extended Right of Revocation, the Seller may refund the payment using the payment method indicated by the Seller. If the Seller has not offered to collect the Product from the Consumer itself, the Seller may withhold reimbursement of payments received from the Consumer until it receives the Product back or the Consumer provides proof of its return, whichever event occurs first.
  7. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiration.
  8. If the Consumer exercises the Statutory Right of Revocation, the Consumer shall be liable for the diminished value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. The Consumer’s liability may include, in particular, the inability to put the Product on sale as a full-value Product, the costs of reattaching tags and security elements to the Product, as well as the costs of restoring the Product to a condition that makes it possible to put it back on sale within the framework of the Online Shop, including the costs of examination of the Product by a specialist and the costs of removal of defects found as a result of such examination (to the extent that these defects result from the Consumer’s use of the Product in a manner beyond that necessary to ascertain its character, features and functioning).
  9. The extended right of withdrawal shall be granted to the Consumer only with respect to Products that are complete, undamaged and unused, with all tags and safety features that were placed on the Product at the time it was taken into possession by the Consumer or a third party designated by the Consumer. The Consumer loses the Extended Right of Revocation if he uses the Product beyond what is necessary to ascertain its nature, characteristics and functioning.
  10. The consumer shall bear only the direct costs of returning the Product. The Seller may, as part of the promotional action, offer the Consumer to pick up the returned Products, by the Seller from the Consumer.
  11. Subject to the above paragraph. 9, the right of withdrawal from a contract concluded remotely, referred to in paragraph. 1.1 or 1.2 above, is not entitled to the Consumer in cases indicated in the provisions of the Civil Code, in particular with regard to contracts: (1) for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service that after the performance of the Seller will lose the right to withdraw from the contract; (2) in which the subject of performance is a non-refabricated thing, produced to the specifications of the Consumer or serving to meet his individualized needs; (3) in which the subject of the performance is a Product delivered in a sealed package, which, after opening the package, cannot be returned for health protection or hygienic reasons, if the package has been opened after delivery; (4) in which the subject of the performance is Products, which after delivery, due to their nature, are inseparably combined with other things.
  12. The Seller may, within the framework of a temporary promotional action, grant the Customer the right to withdraw from the contract within a specified period of time in the cases provided for in paragraph. 1 sentence. 2 or paragraph. 11 above.

IX. LICENSE

  1. Exclusive rights to Content made available/placed within the Internet Store by the Seller or its contractors, in particular, copyrights, the name of the Internet Store (trademark), graphic elements included in it, software and database rights are subject to legal protection and belong to the Seller or entities with whom the Seller has entered into appropriate agreements. The customer is entitled to use the above. Content, free of charge, as well as to use Content posted in accordance with the law and already distributed by other Customers on the Online Store, but only for their own personal use and only for the proper use of the Online Store, worldwide. Use of the Content, to any other extent, is permitted only on the basis of express, prior consent, granted by an authorized entity, in writing under pain of invalidity.
  2. The Customer, by posting any Content within the Online Store, in particular graphics, comments, opinions or statements in the Account or elsewhere in the Online Store, hereby grants to the Seller a non-exclusive, royalty-free license to use, fix, change, delete, supplement, publicly perform, publicly display, reproduce and distribute (especially on the Internet) such Content, throughout the world. This right includes the right to grant sublicenses to the extent justified by the performance of the Sales Agreement or the Service Agreement (including the operation and development of the Online Store), as well as the authorization to exercise independently or with the help of third parties dependent rights in the development, adaptation, alteration and translation of the work within the meaning of the Law on Copyright and Related Rights of February 4, 1994. To the extent that the Customer is not authorized to grant the licenses referred to in this paragraph. 2, the Customer agrees to obtain for the Vendor such appropriate licenses.

X. PROTECTION OF PERSONAL DATA

  1. The Customer’s personal data is processed by the Seller as the personal data controller.
  2. Provision of personal data by the Customer is voluntary, but necessary in order to establish an Account, use certain Electronic Services, conclude a Sales Agreement.
  3. Detailed information on the protection of personal data is contained in the “Privacy Policy” tab available on the Online Store.

XI. TERMINATION OF THE SERVICE AGREEMENT AND AMENDMENT OF THE REGULATIONS

  1. The Vendor may at any time terminate the Service Agreement or any license agreement granted under Section IX of the Terms and Conditions with the Customer upon one month’s notice for valid reasons, defined as:
    1. change in the provisions of law governing the provision of services by electronic means by the Seller affecting the mutual rights and obligations set forth in the contract concluded between the Customer and the Seller, or a change in the interpretation of the above-mentioned provisions of law as a result of court rulings, decisions, recommendations or recommendations of the relevant authorities or bodies;
    2. change in the manner of providing services due solely to technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
    3. change in the scope or provision of services to which the provisions of the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Seller of existing functionalities or services covered by the Terms and Conditions.
  2. Notwithstanding the contents of paragraph. 1, bearing in mind the Vendor’s special care for the protection of the Customer’s personal data and their processing for an appropriate period of time, the Vendor may terminate the Service Agreement with immediate effect if the Customer is not active in the Online Store for a continuous period of at least 3 years.
  3. The seller his statement to the extent specified in paragraph. 1 and 2 above shall be sent to the e-mail address provided by the Customer when creating an Account or placing an Order.
  4. The Seller may terminate the Customer’s Service Agreement or any license agreement granted under Section IX of the Terms and Conditions upon seven days’ notice and/or deny the Customer the further right to use the Online Store and place Orders, as well as may restrict the Customer’s access to some or all of the Content, for valid reasons, i.e. in the case of the Customer’s flagrant violation of these Terms and Conditions, i.e. In situations where the Customer violates the provisions of clause II paragraph. 7 of the Regulations.
  5. For valid reasons, i.e. in the case of a gross violation of these Regulations by the Client, in a situation where the Client in question has violated the provisions of Section II, paragraph. 7 of the Terms and Conditions, the Seller, in order to avoid further damage, may not accept the Customer’s offer for certain forms of payment or delivery. This provision shall apply regardless of what data the Customer identifies himself and what data he provides when placing an Order, and in particular if the Customer simultaneously violates the provision of Section II, paragraph. 7 a of the Regulations.
  6. In the case of placing a subsequent Order with the selection of a specific method of payment or delivery by the Customer, to which the provision of Paragraph. 5 above, the Seller shall contact the Customer by sending a message to the e-mail address provided by the Customer to notify of the Customer’s flagrant violation of the Terms and Conditions and the non-acceptance of the offer using the specified payment or delivery method, while indicating alternative payment or delivery methods. The provisions of point IV paragraph. 5 of the Regulations shall apply accordingly.
  7. The customer to whom the provision of paragraph. 4 or 5 above may use the Online Store or use a particular method of payment or delivery after contacting the Seller (via the BOK) and obtaining the Seller’s consent to further use the Online Store or use a particular method of payment or delivery.
  8. The Regulations and the appendices to the Regulations constitute a model contract within the meaning of Art. 384 § 1 of the Civil Code.
  9. The Seller may amend these Terms and Conditions (with the exception of Section XII of the Terms and Conditions, which applies to Customers who are not Consumers and may be amended at any time under generally applicable laws) in the event of the occurrence of at least one of the following important reasons:
    1. change in the provisions of law governing the sale of Products or provision of services electronically by the Seller affecting the mutual rights and obligations set forth in the contract concluded between the Customer and the Seller, or change in the interpretation of the above-mentioned provisions of law as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in the field;
    2. change in the manner of providing services due solely to technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
    3. change in the scope or manner of provision of services to which the provisions of the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Seller of existing functionalities or services covered by the Terms and Conditions.
  10. If changes are made to the Terms and Conditions, the Seller shall make the consolidated text of the Terms and Conditions available through publication in the Online Store and by means of a message, sent to the e-mail address provided by the Client at the conclusion of the Agreement for the Provision of Services, which the Parties shall consider as introducing information about the change into the means of electronic communication in such a way that the Client could get acquainted with its content.
  11. The amendment to the Regulations shall become effective 14 days from the date of sending information about the amendment. In the case of Customers who have entered into a Service Agreement, i.e. who have an Account, they have the right to terminate the Service Agreement within 14 days from the date of notification to them of the change in the Terms and Conditions. The amendment of the Terms and Conditions does not affect the Sales Agreements concluded by the Customer and the Seller before the amendment of the Terms and Conditions.

XII. PROVISIONS FOR NON-CONSUMER CUSTOMERS

  1. This XII point of the Regulations applies only to Customers who are not Consumers.
  2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
  3. In the case of non-consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
  4. As soon as the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product pass to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the shipment.
  5. According to Art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a Consumer is excluded.
  6. In the case of Customers who are not Consumers, the Seller may terminate the Service Agreement or any license agreement concluded under the Terms and Conditions with immediate effect and without stating reasons by sending the Customer a relevant statement in any form.
  7. Neither the Vendor nor its employees, authorized representatives and agents shall be liable to the Customer, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.
  8. Whenever the liability of the Seller, its employees, authorized representatives and/or agents is established, the liability in relation to a Customer who is not a Consumer, regardless of its legal basis, shall be limited – both under a single claim and for all claims in total – to the amount of the Price paid and delivery costs under the last Sales Contract, but no more than one thousand zlotys.
  9. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
  10. With regard to Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time on the basis of generally applicable laws.

XIII. FINAL PROVISIONS

  1. The regulations are effective as of 12/12/2020.
  2. Contracts concluded by the Seller are concluded in the Polish language.
  3. Recording, securing and providing access to the material provisions of the concluded Agreement for the Provision of Services by Electronic Means shall be made by sending an e-mail to the e-mail address provided by the Client.
  4. Recording, securing, making available and confirming to the Customer the important provisions of the concluded Sales Agreement is done by sending the Customer an e-mail with confirmation of the Order placed and by attaching to the parcel containing the Product the Order specification and proof of purchase. The content of the Sales Agreement is further recorded and secured in the computer system of the Online Store.
  5. The Seller shall provide technical and organizational measures appropriate to the degree of security risk of the functionality or services provided under the Service Agreement. The use of Electronic Services involves the typical risks of transmitting data over the Internet, such as dissemination, loss or access by unauthorized persons.
  6. The content of the Terms and Conditions is available to the Customers free of charge in the Online Store, from where the Customers can browse at any time, as well as make a printout.
  7. The Seller informs that the use of the Online Store via a web browser, including placing an Order, may be associated with the need to incur Internet connection costs (data transfer fee), in accordance with the tariff package of the service provider used by the Customer.
  8. Matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002. (Journal of Laws 2002 No. 144, item 1204, as amended); the provisions of the Consumer Rights Act of May 30, 2014. (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.
  9. The choice of Polish law under these Terms and Conditions does not deprive the Consumer of the protection granted to him under the provisions that cannot be excluded by contract between the Seller and the Consumer, under the law that would be applicable under the relevant regulations in the absence of choice.