Terms and conditions of the online store

§1 Basic definitions
§2 General provisions
§3 Terms and conditions of service
§4 Terms and conditions
§5 Order execution
§6 Delivery
§7 Payment methods
§8 Warranty
§9 Withdrawal
§10 Complaint procedure
§11 Liability
§12 Out-of-court ways of dealing with complaints and claim investigation
§13 Provisions concerning entrepreneurs
§14 Final provisions

Introduction

Dear Customer, these Terms and Conditions regulate the manner of concluding sales contracts through the above-mentioned website, the rules of execution of these contracts including delivery, the 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:
a) in § 1 to 3 – there are general regulations of these Regulations;
b) in § 4 to 7 – the process of acquiring the Goods/Services was described;
c) § 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;
d) in § 13 to 14 – all other regulations are included.

§1 Basic definitions

Online store – the store located at the address of this website.
Vendor – the owner of the website. The consumer purchases goods/services from the entrepreneur WFmedia Wiktoria Filipowsky, NIP: 1990126366 (additional information in the CONTACT tab)
Vendor’s address – whenever in the Regulations the address of the Vendor is mentioned, it is understood as the following:
a) Headquarters (Prudnicka 9, 47-364 Komorniki)
b) e-mail address (kontakt@4angels.shop)
Customer – a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, who has concluded or intends to conclude a sales contract.
Consumer – Art. 221 of the Civil Code: a natural person making a legal transaction with the Seller that is not directly related to his economic or professional activity.
Contract of sale – a contract of sale of a Product placed on the website of the aforementioned Online Store concluded or entered into between the Customer and the Seller through the Online Store.
Goods – Product, a movable thing that the Customer purchases through the Online Store.
Order – a declaration of will of the Customer, made via the Online Store, specifying: the type and quantity of Goods in the assortment of the Online Store at the time of placing the order, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and the Customer’s data.
Order Form – an electronic service, a form on an electronic medium available in the Online Store, which allows you to place and execute an Order, including by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Order processing time – the time it takes for an order placed by a Customer of the Online Store to be completed, packed, sealed by the Seller and forwarded for delivery by the delivery method selected by the Customer.
Business day – one day from Monday to Friday excluding public holidays.
Price reductions – possible discounts, PROMOTIONS and price reductions can be checked next to the displayed product price. Next to the current price of the product is information about the lowest price of the last 30 days. Price recording is done in a verifiable and automatic manner.
Prices – the prices of products in the e-store are fixed at a given time and are not affected by any pricing algorithms regardless of how the customer arrives at the site, what browsers he uses. Nor does gender, age, etc. matter.
Law on Consumer Rights, Law – Law of May 30, 2014. On Consumer Rights (Journal of Laws of 2014 item 827 as amended).

§2 General provisions

The Seller declares that it complies with all required rules for the protection of Customers’ personal data as provided for, inter alia, by the Act on Personal Data Protection (i.e. Dz. U. of 2015. pos. 2135 as amended in accordance with the provisions of EU Council Regulation 2016/679 (dated April 27, 2016, Official Journal of the EU.L. No. 119). The Customer agrees to the collection, storage and processing of personal data by the Seller only for the purpose directly related to the realization of the Service/Good ordered from the Online Store. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the “Privacy Policy” of the Online Store.
The seller represents that the goods/service are in accordance with the contract in aspects such as description, type, quantitý, qualitý, completenesś and functionalitý, and with respect to goods with digital elements – alsȯ compatibilitý, interoperabilitý and availabilitý of updates; but also suitabilitý for the specific purpose for which it is needed by the consumer, which the consumer notified the trader̨ at the latest at the time of the conclusion of the contract and which the trader accepted. In addition, the goods to be considered in accordance with the contract.
The retailer states that as of May 28, due to the entry into force throughout Europe of a legal regulation (with the transposition of Directive (EU) 2019/2161 into national law) on reviews: businesses that provide reviews must report whether and how it is ensured that published reviews come from consumers who have used or purchased the product. The measures taken for this purpose must be specifically mentioned.
We declare that the reviews posted on our site are from actual customers who have purchased and used our products. The reviews were issued according to the request sent to the customer after confirming that the goods had arrived. We provide for the possibility of importing reviews posted on Google in the business cards section of our company reviews can also come from the Allegro portal. We promise to complete all formalities and efforts to ensure that the reviews are real and correspond to the truth and those issued improperly are removed.
Mandatory legal basis for the aforementioned regulations:
a) Directive of the European Parliament and of the Council (EU) 2019/2161 of November 27, 2019. amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council with regard to better enforcement and modernization of EU consumer protection rules, OJ L 328, 18.12.2019, s. 7-28.
b) Falsification of opinions on the Internet – consumers’ experiences, based on a survey by PBS Sp. z o.o. commissioned by the OCCP, publication available https://uokik.gov.pl/aktualnosci.php?news_id=17411
c) Directive 2005/29/EC of the European Parliament and of the Council of May 11, 2005. concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No. 2006/2004 of the European Parliament and of the Council (“Unfair Commercial Practices Directive”) (OJ L 149, 11.06.2005, p. 22-39, as amended).
d) Commission Notice – Guidelines on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, OJ C 526, 29.12.2021, pp. 1-129.
e) Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011. on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64-88, as amended).
When placing orders in the Store, the Customer has the opportunity to read the Terms and Conditions, accepting their content by marking the appropriate box in the form. Acceptance of the provisions of the terms and conditions is required to complete the order. Please be advised that the conclusion of the Sales Agreement via the Internet and acceptance of the Rules entails the obligation to pay for the ordered Goods.
The data controller shall apply appropriate technical and organizational measures to ensure the protection of personal data authoritative to the risks and categories of protected data. First and foremost, it protects data from being accessed, taken, processed, lost, altered damaged or destroyed by unauthorized persons. The detailed scope of protection is regulated in accordance with the requirements in the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management manual).
Details of the Administrator of your personal data can be found on the “contact” tab located on the website.
Every person whose data is processed is entitled to:
a) to supervise and control the processing of personal data for which the vendor maintains a customer data file of the aforementioned store;
b) obtain comprehensive information on whether such a collection exists and is maintained by the vendor;
c) to determine who the data controller is, to determine its address, registered office, name, in a situation where the controller is an individual to determine his name and place of residence;
d) obtain information on the purpose, scope, manner, time of processing of the data contained in such filing system;
e) obtain information in a commonly understood form of the content of such data;
f) to know the source from which the data to which it pertains originated, unless the data controller is obliged to keep classified information or professional secrecy in this regard;
g) to request that personal data be supplemented, updated, rectified, temporarily suspended or deleted if it is incomplete, outdated, untrue or was collected in violation of the law or is no longer necessary for the purpose for which it was collected.
The customer, in accordance with Section 8, has the right to inspect the contents of the processed personal data, to correct them, as well as to request the deletion of such data. The personal data controller shall be obliged to supplement, update, rectify data, temporarily or permanently suspend processing or delete them from the filing system on an ongoing basis and immediately after notification, unless the request relates to personal data, the procedure for supplementing, updating or rectifying of which is determined by separate provisions of law, including the law.
The customer, in the process of finalizing the order, agrees to the collection and processing of personal data by the Seller within the meaning of the Personal Data Protection Act. Data may be transferred to another entity only in situations legally required or necessary for the execution of the order placed.
The Customer may agree to receive advertising and commercial information from the Seller electronically by subscribing to the NEWSLETTER.
The customer using the Seller’s services implemented through the online store is obliged to comply with these Regulations to the extent that is necessary to carry out the order placed and is not contrary to applicable law and the principles of social coexistence.
The Seller of the Online Store declares that the Goods available and sold in its Online Store are new, used, safe and free from physical and legal defects. Goods fully correspond to the properties as displayed and described on the website of the Online Store.
The Seller carries out orders on the territory of Poland, as well as orders placed by Consumers in Europe, and by prior arrangement of delivery terms also in other countries.
All the Goods on sale in the Online Store have been introduced into the Polish market legally and in compliance with the law. Information about the Goods on the website of the Online Store constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Law of April 23, 1964. Civil Code.
All prices of Products/Goods/Services given on the website of the Online Store are given in Polish currency (Polish Zloty), are gross prices including VAT, customs duties and other components imposed by law.
NOTE: The prices of the Goods listed on the website of the Online Store do not include delivery costs, they are added only at the stage of selection by the Customer of the method of delivery of the ordered Goods.
A sole trader, if he makes a purchase that is not related to his business, has the right to withdraw from the contract within 14 calendar days from the moment the Goods take possession of the Customer or a third party designated by him other than the carrier.
As a reminder. In connection with the new provisions of the Civil Code, the legislature also planned to add Art. 38a to the Law on Consumer Rights, which will allow one-person companies to exercise the 14-day right of return – which reads as follows: , “Art. 38a The consumer provisions of this chapter shall apply to an individual who concludes a contract directly related to his business activity, when it is apparent from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.”
Art. 556(4) The consumer provisions contained in this Section, with the exception of Art. 558 § 1, second sentence, shall apply to an individual who enters into a contract directly related to his or her business activity, when the content of the contract indicates that it does not have a professional character for this person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
Verification of whether an activity is of a professional nature will be based on CEiDG – the Central Register and Information on Business Activity – and specifically on the PKD codes entered there, which define types of business activity.
Sole proprietors will be empowered in the field:
– Illegal clauses used in contractual models;
– Warranty for defects of the sold thing;
– recourse claim to the previous seller in connection with the performance of the consumer’s complaint;
– The right to withdraw from a contract concluded at a distance or off-premises within 14 days;
The consumer provisions of Art. 385(1)-385(3) of the Civil Code. [dotyczących niedozwolonych postanowień umownych] shall apply to an individual who enters into a contract directly related to his or her business activity, when it is clear from the content of the contract that it does not have a professional character for him or her, arising in particular from the subject of his or her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
New Art. 385(5) of the Civil Code applies only to prohibited contractual provisions (abusive clauses). Provisions on abusive clauses will be after January 1, 2021. applied to sole proprietors. A catalog of examples of twenty-three abusive clauses is contained in Art. 385(3) of the Civil Code. In turn, in the current version of the register of abusive clauses maintained by the President of the OCCP.
The new regulations will apply to contracts entered into after January 21, 2021. The provisions of Art. 385[5], art. 556[4], art. 556[5] and Art. 576[5] of the law amended by Art. 1 shall not apply to contracts concluded before January 1, 2021. The provision of Art. 38a of the law amended by Art. 55 shall not apply to contracts concluded before January 1, 2021.
Sole proprietors will still not be able to take advantage of institutions that support consumers in protecting their rights, including County/Municipal Consumer Ombudsmen or the OCCP.

§3 Terms and conditions of service

This Online Store provides services by electronic means, the condition for entering into a contract is primarily to fill out an online order form to conclude a sales contract. Entering into the agreement is voluntary.
The contract for the provision of services is concluded electronically in the form of allowing the customer of the online store to fill out an order form, the contract is concluded for a definite period of time when the customer proceeds to fill out the form and is terminated upon withdrawal from filling out the form or upon sending the completed form 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 either to conclude a contract or to amend the contract.
The service specified in item. 1 is provided free of charge, but may require access to the Internet.
The order by e-mail can be placed 24 hours. 24 hours a day, 7 days a week.
The customer, when finalizing the purchase in the appropriate order box, selects the option “I consent to the processing by the store of my personal data contained in the order form for the purpose and to the extent necessary for the execution of the order.” – it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the conclusion of the contract.
According to Art. 8 ust. 2 of the RODO, the controller, taking into account the available technology, shall 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 the consent.
The Customer’s costs for Internet access and data transmission shall be 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

In order to conclude a valid and binding contract of sale between the parties, the Customer shall make his/her choice in accordance with the displayed offer of the Online Store, specifying the quantity of the Goods he/she intends to purchase and, if possible, indicating the features of the ordered Product and its specification, respectively. Together with the selection of the Goods, the Customer fills out an online order form, indicating in it the data necessary for the Seller to process 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.
Orders can be placed as follows:
a) through a form available on the Store’s website (customer basket),
b) by e-mail to the address available on the Store’s website,
c) by telephone at the telephone number available on the Store’s website.
As a condition for the execution of the order, the Customer/Entrepreneur must provide data that allows verification of the Customer/Entrepreneur and the recipient of the goods. The store confirms acceptance of the order by sending a message describing the subject of the order to the e-mail address provided when placing the order. If incomplete, erroneous, contradictory information is provided by the Customer/Entrepreneur when placing an order, the Store will contact the Customer/Entrepreneur to correct the errors.
Registration of a Customer Account in the Online Store is voluntary and free of charge.
In the event that the Seller makes available the possibility of ordering Goods, the characteristics of which consist in the fact that they are made to the individual order of the Customer, the Customer sends, together with the online order form, the contents necessary for the execution of the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements contained in the description of the Goods or selects the appropriate specification of the Goods from the variants of available configuration options of the Goods given by the Seller.
Immediately upon receipt of the order, the Seller shall send the Customer, via e-mail to the e-mail address provided during the ordering process, a statement of acceptance of the order, which is also a confirmation of the order. Upon receipt of the message by the customer, the conclusion of the sales contract is reached.
The message summarizing and confirming the order contains all previously agreed terms 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 Customer of the Online Store, the total price to be paid (specified in Polish zlotys) together with delivery costs and the amount of discounts granted (if applicable).
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 discount (one promotion) can be selected for a given purchase.

§5 Order execution

The seller reliably fulfills customer orders according to the order in which they are received – each order is a priority and very important to us!
The lead time for a single Customer is from 1 to 30 working days counting from the day the Customer sends the Order. For products marked with availability ‘on order’, the delivery time is specified on the product page. Order processing time consists primarily of order preparation time (picking and packing of the order, issuance of the shipment to the courier, and in selected cases, execution of 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.
In the event of exceptional circumstances or inability to carry out the order in the indicated in paragraph. 2 date, the Seller shall immediately contact the customer to determine the further course of action, including the establishment of another date for the execution of the order, change of the method of delivery.

§6 Delivery

Delivery of the Goods shall be made through the operator of the Polish Post or courier service or in any other way accepted by the parties not involving excessive and unreasonable costs on the part of the Seller and the Customer.
Ordered Goods are delivered according to the Customer’s choice either directly to the Customer’s address indicated in the online order placement form and confirmed by the Customer as the shipping address or collected in person at the personal collection point at the address provided during the order execution.
Goods are always packed in a way that corresponds to their characteristics, so that they are not damaged, lost or destroyed during transport.
Delivery costs are indicated when the customer fills out the online order form. The amount of shipping costs depends on the country to which the order is shipped, the quantity of goods ordered their weight and the method of shipment.
If the user provides a shipping address that is within the regions excluded from shipments, the administrator will contact the user and determine the further procedure (e.g. refund, change of delivery address, etc.).

§7 Payment methods

The Seller allows payment for the ordered Goods in the form of prepayment to a bank account.
Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online banking transfer via PayU, PayPal, Przelewy24 online payment service. The operator of the payment cards is PayPro SA Clearing Agent, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number 0000347935, NIP 7792369887, Regon 301345068.
Cash on delivery of the ordered Goods (cash on delivery payment) – the Customer pays at the courier’s office while collecting the ordered Goods delivered via courier company to the address indicated by the Customer in the order.
The Seller shall document the sale of the Goods in accordance with the Customer’s request.

§8 Warranty

Delivery of Goods under the realizations arising from the warranty for defects is carried out at the expense of the Seller.
NOTE: Claim for removal of a defect or replacement after January 1, 2023, the general statute of limitations for claims applies, 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.””
The Seller shall be 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 for a claim for nonconformity of goods will be 2 years. The term refers to all goods – new and used. The Seller shall be liable to the Consumer if the Consumer Goods at the time of their release were inconsistent with the contract, have physical, legal defects. The Seller shall be liable for the incompatibility of Consumer Goods with the contract if it is discovered before the expiration of two years from the issuance of such Goods to the Buyer, and if the Goods are replaced, the time limit shall run anew. A physical defect consists in the non-conformity of the sold thing with the contract. In particular, the thing sold is not in conformity with the contract if:
a) does not have the characteristics that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
b) does not have the properties that the Seller assured the Buyer of, including by presenting a sample or model;
c) is not suitable for the purpose about which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose;
d) was delivered to the Buyer in an incomplete condition.
The presumption of nonconformity of goods is 2 years.
Notification of defects in the Goods should be sent electronically to the Seller’s e-mail address or in writing to the Seller’s postal address (see §1 item 3.: “Seller’s address”). If the consumer has difficulties and does not know how to construct a report of defects in the Goods, the report can be sent, for example, on the form attached hereto as Appendix No. 2, which is only a convenience for the complaint process, is not any requirement to use the aforementioned template for the effectiveness of the complaint.
If it is necessary for proper assessment of physical defects of 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 (see §1 item 3.: “Seller’s address”) whenever the properties of the Product allow it.
The Seller shall respond immediately to the Consumer’s application, but no later than within 14 calendar days of receipt. Failure to consider the application within the specified period is equivalent to its acceptance by the Seller and recognition as legitimate.
In the event of a first complaint, the customer can expect either a repair of the goods or a replacement. Only if the trader refuses to remove the defect or replace it will the consumer be given the right to cancel the contract. For electronic goods, the consumer will also be able to demand the removal of defects in digital services And if the removal of the defect or replacement is ineffective, he can demand a price reduction or withdraw from the contract.
The Seller shall cover the costs of collection of the Goods, delivery, removal of defects or defects and replacement of the Goods with new ones.

§9 Withdrawal

In accordance with the law, the Customer who is a Consumer under Art. 27 of the Law of May 30, 2014. (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, you have the right to withdraw from a contract concluded remotely without giving any reason.
According to Article 38 para. 13 of the Law on Consumer Rights – “for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right of withdrawal.” – in such a situation, the right of withdrawal does not apply.
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.
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 fourteen days.
A Customer who is a Consumer may withdraw from the contract by making a statement on the online form attached hereto as Appendix 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 withdrawal from the contract, it is not a necessary model for exercising the right to withdraw from the contract. The customer may or may not use it. For an effective withdrawal it is sufficient to send a statement in writing to the address of the Seller.
To meet the deadline set forth in paragraph. 2 is sufficient to send the Customer’s statement of withdrawal before its expiration.
The Seller will promptly acknowledge to the Customer the receipt of the statement of withdrawal from the contract and will inform the Customer accordingly about the further procedure, including how to return the Goods, and will answer them if there are any questions.
The seller will immediately, within no more than 14 calendar days from the date of receipt of the Customer’s statement of withdrawal from the contract, return to the Customer all payments received from him, including the cost of delivery of the item. The seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to another way of refunding the payment, which does not involve any costs for the Customer.
If the Seller, after obtaining consent from the Customer, did not undertake to collect the Goods from the Customer himself, the Seller may withhold reimbursement of the payments received, including the cost of delivering the goods until he receives the Goods back or the Customer provides proof/confirmation of their return, whichever event occurs first.
The Customer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller immediately, but no later than within 14 calendar days, from the date on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline it is sufficient to send back the Goods before its expiration.
The Customer who is a Consumer shall bear only the direct costs of returning the Goods.
The consumer, has the right to withdraw from the contract concluded at a distance, without giving any reason and without incurring costs, except for the costs specified in Article. 33, Art. 34 Consumer Law.
Goods should be delivered to the Seller’s Address (see §1 item 3.: “Seller’s Address”).
The consumer shall be liable for any diminution in the value of the item resulting from use 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 would be able to do so in a stationary store (that is, to check their completeness and technical parameters). This is because the consumer cannot use the item normally otherwise, by withdrawing from the contract, he may be charged additional costs due to the reduction in its value.
The customer’s right of withdrawal does not apply to the contracts specified in Art. 38 of the Law of May 30, 2014. On Consumer Rights in the situation:
a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance by the entrepreneur will lose the right to withdraw from the contract;
b) 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 expiration of the deadline for withdrawal from the contract;
c) in which the object of performance is a non-refabricated item, produced to the Consumer’s specifications or serving to meet his individualized needs;
d) in which the object of performance is an item that is perishable or has a short shelf life;
e) in which the subject of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery;
f) in which the subject of performance are things that, after delivery, by their nature become inseparable from other things.

§10 Complaint procedure

For proper submission of a complaint, the Customer should provide his/her data such as: name and surname or company name, address of residence or registered office address and e-mail address, the subject of the complaint, if possible, the order number with an indication of the period of time to which the complaint relates and the circumstances justifying the complaint (description of what it consists of) possibly what features the ordered Goods do not have, and according to the Seller’s assurances or according to the way it was presented to the Customer it was supposed to have.
If the customer is a Consumer, in the case of the first complaint, the customer can count on the repair of goods or replacement. Only if the trader refuses to remove the defect or replace, the consumer will be given the right to withdraw from the contract. For electronic goods, the consumer will also be able to request the removal of defects in digital services And if the removal of defects or replacement will be ineffective, he can demand a price reduction or withdraw from the contract, If bringing the item to conformity with the contract in the manner chosen by the customer is impossible or would require excessive costs compared with the manner proposed by the seller. In assessing the excessiveness of costs, the value of the defect-free item, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which the Customer would be exposed by another way of satisfaction.
Unless otherwise stipulated in separate provisions, the entrepreneur is obliged to respond to the consumer’s complaint within 14 days of receipt. If the entrepreneur has not responded to the complaint within the period referred to above, he is considered to have acknowledged the complaint. The trader shall provide the consumer with a response to the complaint on paper or other durable medium (e.g., USB flash drive or CD/DVD, responding to the complaint).”
If the application is not processed within the specified time limit, it shall be considered granted by the Seller. The claim for withdrawal from the contract, if it is not processed in time, is not equivalent to recognition of the complaint filed

§11 Liability

By posting possible content and making it available, the customer voluntarily distributes it. The vendor is not a content provider and does not identify with the content in any way, it is only an entity that provides ICT resources. The customer declares that:
a) shall be entitled to use and provide access to the content posted by him of copyright, industrial property rights or related rights;
b) the placement and sharing within the services, personal data, image, information relating to persons other than the Customer took place in a lawful manner, voluntarily and with the consent of the owners of the content concerned;
c) accepts viewing of his published information, data, images and other content by the other Customer and the Seller, allows the Seller to use them free of charge;
d) agrees to develop, modify and interpret works within the meaning of the Law on Copyright and Related Rights.
The customer is not entitled to:
a) posting of personal data of third parties, dissemination of images without the required authorization or consent of the third party to whom the data refers;
b) posting content of an advertising and or promotional nature, inconsistent with the purpose of the store.
In the event 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 the event that it is determined that it may constitute a violation of these Terms and Conditions or applicable laws. The vendor does not control the posted content on an ongoing basis.

§12 Out-of-court ways of dealing with complaints and claim investigation

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 ombudsmen, social organizations whose statutory tasks include the 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
Among other things, the consumer has the following avenues for out-of-court complaint handling and redress:
to apply to the Provincial Inspector of Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute.
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.
requesting free legal assistance, among other things. to the Consumer Federation – website address: www.federacjakonsumentow.org.pl.
The Network of European Consumer Centers helps resolve cross-border disputes. The addresses of these institutions are available on the European Consumer Center’s website www.konsument.gov.pl.
The consumer may also use the platform of the online dispute resolution system (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 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
The use of out-of-court means of handling complaints and claims is voluntary and can only take place if both parties to the dispute, i.e. The vendor and the customer will agree to this.

§13 Provisions concerning entrepreneurs

The regulations and provisions in this paragraph 13 apply only to Customers and Service Recipients who are not consumers (purchase of a professional nature).
The seller reserves the right to withdraw from a sales contract concluded with a customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the contract of sale may take place without stating any reason and may not give rise to any claims on this account on the part of the non-consumer customer against the seller.
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.
The seller has the right to limit the available payment methods to several or to one, for individual or all goods. The seller may require prepayment in full or in part, regardless of the payment method selected and the fact of concluding a sales contract.
The danger of accidental loss of or damage to the product passes to the buyer as soon as the seller delivers the ordered product to the carrier. Upon delivery of the ordered product to the carrier, all benefits and burdens associated with the goods also pass to the non-consumer customer. The seller in such a case is not responsible for loss, loss, damage from the moment of its acceptance by the carrier until its release to the customer.
A customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the product during transportation, he is obliged to do all things necessary and appropriate to determine the liability of the carrier.
The seller informs that in accordance with Art. 558 § 1 of the Civil Code, product warranty liability to the non-consumer customer is excluded.
The seller’s liability is limited under a single claim, as well as for all claims in the aggregate, to the amount paid. The seller is liable only for typical damages foreseeable at the time of the contract and is not liable for lost profits.
Any dispute between the online store and a non-consumer customer shall be submitted to the court having jurisdiction over the seller’s headquarters.

§14 Final provisions

The online store honors all the rights of customers provided by the provisions of applicable law.
If the applicable law grants to customers who are consumers more favorable mandatory and legally required regulations than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions are directly superseded by the specific norms of the applicable law and are thus binding on the aforementioned owner.
All content on the website of the Online Store (including graphics, texts, page layout and logos) enjoy the protection provided for copyright and are the exclusive property of the Seller. Use of this content without the written consent of the Seller will result in civil and criminal liability.
The owner of the store as a controller of personal data, inform you that:
– Provision of data is always voluntary, but necessary to complete the order;
– the person providing his/her personal data has the unlimited right to access all the contents of his/her data and to rectify, erase (the right to be forgotten), limit the processing, the right to data portability, the right to withdraw consent at any time without affecting the legality of the processing, the data may, however, be made available to the relevant state authorities when the relevant regulation requires it.
– The basis for the processing of personal data will be Art. 6 ust. 1 a) and the content of the General Data Protection Regulation;
– personal data will be stored and processed for the period necessary to complete the processing and fulfillment of the order, but no longer than for a period of 3 years (2 years period is the period of complaints and 1 year for possibly other claims and emergency situation)
– the person providing his/her personal data has the right to lodge a complaint with the DPA if he/she considers that the processing of personal data concerning the execution of the order violates the provisions of the General Data Protection Regulation of April 27, 2016;”
With regard to the processing of personal data of this store, an adequate degree of protection has not been determined by the European Commission through a decision, but the data will be adequately secured through IT/legal solutions and measures.
Your data will be processed by automated means, including profiling.
In other matters not regulated by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
The amended Regulations are binding on Customers if the requirements set forth in Art. 384 of the Civil Code (i.e., the customer was properly notified of the changes).
The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is:
a) changes in legislation;
b) changes in payment and delivery methods;
c) change in the exchange rate,
d) changes in the manner of providing electronic services covered by the regulations,
e) changes in the Seller’s data, including e-mail address, telephone number.
Amendments to the regulations do not affect orders already placed and processed, to them the regulations in force at the time of ordering shall apply. The seller shall inform about the intended change on the store’s website at least 30 days in advance. If they do not accept the amended regulations, Service Recipients may, within 30 days of receiving the message, terminate the contract with immediate effect.
Disputes arising as a result of the provision of services under these Regulations shall be submitted to the settlement of the Common Court at the choice of the Customer who is also a consumer, in accordance with the applicable provisions of Polish law.
Annexes to the Regulations are an integral part of the Regulations.
The sales contract is concluded in the Polish language, with the content in accordance with the Regulations.
Customers of the aforementioned store may access these Regulations at any time through the link provided on the home page of the website and download and make a printout, however, commercial use is subject to the protection of the LEGATO Law Office.
The regulations come into force on 1.03.2024.

Copyright notice to the Terms of Sale

The owner of all material copyrights to the template of these Terms and Conditions of Sale is the LEGATO Law Firm, which has granted to this store the non-exclusive and non-transferable right to use these Terms and Conditions of Sale for the purposes of 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 retailers can learn more about how to use the model Terms and Conditions of Sale at http://www.kancelaria-legato.pl/

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