pl
en
The Online Store www.roweryok.pl cares about consumer rights. The consumer cannot waive the rights granted to them in the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place the provisions of the Consumer Rights Act apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights that they are entitled to under mandatory legal provisions, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions take precedence and should be applied.
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS FOR CONCLUDING A SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT
- PRODUCT COMPLAINT
- EXTRAJUDICIAL METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT TO WITHDRAW FROM THE CONTRACT
- PROVISIONS CONCERNING ENTREPRENEURS
- FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. The Online Store available at www.nartyok.pl is run by Tomasz Kopeć running a business under the name Kraft Sport Tomasz Kopeć, entered in the Central Register and Information on Business of the Republic of Poland kept by the minister competent for economy, having: address of the place of business: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, LOWER SILESIAN province, NIP 8971145633, REGON 932936154, email address: info@nartyok.pl, and address for deliveries ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, Lower Silesian province
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (with the exception of item 9 of the Regulations, which is addressed exclusively to entrepreneurs).
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, to the extent and on the basis of the principles set out in the privacy policy published on the pages of the Online Store. Providing personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct it.
1.4. Definitions:
1.4.1. BUSINESS DAY — one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM — a form available in the Online Store that allows you to create an Account.
1.4.3. ORDER FORM — an Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and determining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER — (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE — the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT — an Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a collection of resources in the Service Provider's IT system, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER — an Electronic Service, an electronic distribution service provided by the Service Provider via electronic e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
1.4.8. PRODUCT — a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS — these regulations of the Online Store.
1.4.10. ONLINE STORE - the Service Provider's online store available at: www.nartyok.pl.
1.4.11. SELLER; SERVICE PROVIDER — Tomasz Kopeć conducting business activity under the name Kraft Sport Tomasz Kopeć entered in the Central Register and Information on Business of the Republic of Poland kept by the minister competent for economy, having: address of the place of business: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, LOWER SILESIAN province, NIP 8971145633, REGON 932936154, email address: info@nartyok.pl, and address for deliveries ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, LOWER SILESIAN province
1.4.12. SALES AGREEMENT — a product sales agreement concluded or being concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE — a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT — (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT, ACT — the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827, as amended)
1.4.16. ORDER - a declaration of the Customer's will made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account — using the Account is possible after performing together two consecutive steps by the Service Recipient — (1) filling in the Registration Form, (2) clicking the "Create account" field. The Registration Form requires the Service Recipient to provide the following Service Recipient's data: first and last name/company name, e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to: info@nartyok.pl or in writing to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, LOWER SILESIAN province.
2.1.2. Order Form — the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer performs together two consecutive steps — (1) after filling in the Order Form and (2) clicking on the Online Store page after filling in the Order Form field "Confirm purchase" — until this moment it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the website of the Online Store). The Order Form requires the Customer to provide the following Customer data: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.2.1. The Electronic Service Order Form is provided free of charge and is one-time in nature and ends when the Order is placed through it or when the Service Recipient stops placing the Order through it earlier.
2.1.3. Newsletter — the use of the Newsletter takes place after providing the e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store's website and clicking the "Subscribe" field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account — at the moment of creating an Account, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@nartyok.pl or in writing to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, LOWER SILESIAN province.
2.2. Technical requirements necessary to work with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet 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: 1024x768; (5) enabling the browser to save Cookies and JavaScript.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account respect for personal goods and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing content of an unlawful nature.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which has been indicated in item 6 of the Regulations) may be submitted by the Service Recipient, for example:
2.4.2. in writing to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, LOWER SILESIAN province;
2.4.3. in electronic form via e-mail to: info@nartyok.pl;
2.4.4. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) contact details of the complainant — this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements provided in the preceding sentence are only in the form of a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.
2.4.5. The Service Provider's response to the complaint is made immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store's website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the delivery costs (including transport, delivery and postal services) and about other costs, and when these fees cannot be determined – about the obligation to pay them, on the Online Store's websites during placing the Order, also at the moment when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending an appropriate e-mail message to the Customer by the Seller to the e-mail address provided during the Order placement, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment when the Customer receives the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place by (1) making these Regulations available on the Online Store's website and (2) sending the Customer the e-mail message referred to in point 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery payment upon receipt of the shipment.
4.1.2. Cash payment upon personal collection.
4.1.3. Payment by bank transfer to the Seller's bank account.
4.1.3.1. Bank: Raiffeisen Bank Polska S.A. ul. Piękna 20, 00-549 Warsaw
4.1.3.2. Account number: 73 1750 0012 0000 0000 2610 5951
4.1.4. Installment system payments: Santander Consumer Bank S.A., Credit Agricole Bank Polska S.A.
4.2. Payment term:
4.2.1. If the Customer chooses to pay in cash upon personal collection, payment by bank transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
5. COST, METHODS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Product delivery is available on the territory of the Republic of Poland.
5.2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services) are indicated to the Customer on the Online Store's websites in the "Delivery costs" tab and during the Order placement, also at the moment when the Customer expresses his will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following Product delivery or collection methods:
5.4.1. Courier shipment, cash on delivery courier shipment - handled by DPD.
5.4.2. Personal collection available at the address: – ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, LOWER SILESIAN province on Business Days, from 10:00 to 19:00.
5.5. The term of delivery of the Product to the Customer is up to 4 Business Days, unless a shorter term is specified in the description of a given Product or during the Order placement. In the case of Products with different delivery dates, the delivery date is the longest specified date, which, however, cannot exceed 4 Business Days. The start of the Product delivery period to the Customer is calculated as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payments or credit card - from the date of crediting the Seller's bank account or settlement account.
5.5.2. If the Customer chooses the method of payment on delivery – from the date of conclusion of the Sales Agreement.
5.5.3. If the Customer chooses the method of payment in the installment system – from the date of notification of the Seller by the bank about concluding a credit agreement with the Customer, but no later than from the date of crediting the Seller's bank account with funds from the credit granted to the Customer.
5.6. The Product's readiness for collection by the Customer – in case the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within 2 Business Days, unless the description of the Product or during the Order placement states a shorter period. In the case of Products with different readiness for collection, the readiness for collection is the longest specified date, which, however, cannot exceed 2 Business Days. The Customer will be additionally informed by the Seller about the Product's readiness for collection. The beginning of the Product's readiness for collection by the Customer is calculated as follows:
5.6.1. If the Customer chooses the method of payment by bank transfer, electronic payments or credit card - from the date of crediting the Seller's bank account or settlement account.
5.6.2. If the Customer chooses the method of payment in cash upon personal collection – from the date of conclusion of the Sales Agreement.
5.6.3. If the Customer chooses the method of payment in the installment system – from the date of notification of the Seller by the bank about concluding a credit agreement with the Customer, but no later than from the date of crediting the Seller's bank account with funds from the credit granted to the Customer.
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are specified by generally applicable provisions of law, in particular in the Civil Code. For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person who purchases the Product for a purpose not related to professional or business activity, for non-compliance of the Product with the Sales Agreement, are specified by generally applicable provisions of law, in particular the Act of July 27, 2002 on special conditions of consumer sales and on the amendment to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
6.2. The Seller is obliged to deliver the Product to the Customer without defects. Detailed information on the Seller's liability for Product defects and the Customer's rights are specified on the Online Store's website in the "Product complaint" tab.
6.3. The complaint may be submitted by the Customer, for example:
6.3.1. in writing to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, LOWER SILESIAN province;
6.3.2. in electronic form via e-mail to: info@nartyok.pl;
6.4. It is recommended that the Customer provide in the complaint description: (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 compliance 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 speed up the consideration of the complaint by the Seller. The requirements provided in the preceding sentence are only in the form of a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Lack of response from the Seller within the above-mentioned period means that the Seller considered the complaint justified.
6.6. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product at the Seller's expense to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, LOWER SILESIAN province. If, due to the type of Product or the manner of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
7. EXTRAJUDICIAL METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are available at the headquarters and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.2. The consumer customer has the following exemplary possibilities to use extrajudicial means of dealing with complaints and pursuing claims:
7.2.1. The Customer is entitled to apply to a permanent consumer arbitration court, referred to in Art. 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The regulations for the organization and operation of permanent consumer arbitration courts are specified in the regulation of the Minister of Justice of September 25, 2001 on defining the regulations for the organization and operation of permanent consumer arbitration courts. (Journal of Laws 2001, No. 113, item 1214).
7.2.2. The Customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of mediation conducted by the provincial inspector of Trade Inspection is available at the headquarters and on the websites of individual Provincial Inspectorates of Trade Inspection.
7.2.3. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Polish Consumers Association). Advice is provided by the Federation of Consumers via the free consumer hotline 800 007 707 and by the Polish Consumers Association at the email address: porady@dlakonsumentow.pl.
8. RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in point 9.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, LOWER SILESIAN province;
8.1.2. in electronic form via e-mail to: info@nartyok.pl;
8.2. An example form of withdrawal from the contract is included in Annex 2 to the Consumer Rights Act.
8.3. The deadline for withdrawal from the contract begins:
8.3.1. for a contract under which the Seller issues a Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking possession of the Product by the consumer or a third party indicated by him, other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists of regular delivery of Products for a specified period – from taking possession of the first of the Products;
8.3.2. for other contracts – from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered not to have been concluded.
8.5. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product (with the exception of additional costs resulting from the delivery method chosen by the Customer other than the cheapest regular delivery method available in the Online Store). The Seller shall refund the payment using the same payment method as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or the consumer provides proof of its return, depending on which event occurs first.
8.6. The consumer is obliged to immediately, not later than within 14 calendar days from the day on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The consumer may return the Product to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, LOWER SILESIAN province.
8.7. The consumer is responsible for the decrease in the value of the Product resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of Product delivery other than the cheapest regular delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the expiry of the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy his individualized needs; (4) in which the subject of the service is a Product subject to quick deterioration or with a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or for hygienic reasons, if the package was opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer has expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is available to the consumer in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transport of things, car rental, gastronomy, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the expiry of the deadline for withdrawal from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including also requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. Upon the Seller's release of the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Customer who is not a consumer. The Seller in such a case is not liable for loss, deficiency or damage to the Product arising from its acceptance for transport until its release to the Customer, as well as for delay in transporting the shipment.
9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the shipment in time and in the manner accepted for shipments of this type. If he finds that during transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the carrier's liability.
9.6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without indicating the reasons by sending an appropriate statement to the Service Recipient.
9.8. The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - to the paid price and delivery costs under the Sales Agreement, however not more than up to the amount of one thousand zlotys. The Service Provider/Seller is liable towards the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits in relation to the Service Recipient/Customer who is not a consumer.
9.9. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the Seller's/Service Provider's seat.
10. FINAL PROVISIONS
10.1. Contracts concluded via the Online Store are concluded in Polish.
10.2. Change of the Regulations:
10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
10.2.2. In the case of conclusion of continuous contracts on the basis of these Regulations (e.g. provision of an Electronic Service – Account), the amended regulations bind the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code have been met, i.e., the Service Recipient has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the change in the Regulations would result in the introduction of any new fees or increase of existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
10.2.3. In the case of conclusion of contracts of a different nature than continuous contracts on the basis of these Regulations (e.g. Sales Agreement), changes to the Regulations shall in no way violate the acquired rights of Service Recipients/Customers who are consumers before the date of entry into force of the changes to the Regulations, in particular changes to the Regulations shall not affect Orders already submitted or submitted and Sales Agreements concluded, fulfilled or executed.
10.3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded by December 24, 2014 with Customers who are consumers - provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on special conditions of consumer sales and on the amendment to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.