Terms and conditions

Online Store Terms and Conditions

INTRODUCTION Dear Customer, the Terms and Conditions regulate the manner of concluding contracts of sale via the above website, the rules for executing these contracts including the delivery, the rights and obligations under the applicable law, as well as the contract withdrawal and complaint procedures. The Terms and Conditions comprise four main parts:

§ 1 to 3 lay out the general provisions of the Terms and Conditions;
§ 4 to 7 describe the procedure for purchasing goods and services;
§ 8 to 12 describe the regulations pertaining to the regulations for declaring Goods/Services faulty, as well as to the right to withdraw from the contract;
§ 13 to 14 contain the remaining regulations.

1 ESSENTIAL TERMS AND THEIR DEFINITIONS

Online Store – the store found at the address of this website.
Seller – the owner of the website
Seller’s Address – whenever the Seller’s address is mentioned in the Terms and Conditions, it means the following data:
Headquarters: Euromac International Sp. z.o.o. CHWARZNIEŃSKA 87E 81-602 GDYNIA Email address (contact tab)
Customer – an individual possessing full legal capacity, and, in cases provided for by the generally applicable law, also an individual possessing limited legal capacity, an entity or an organisational unit with no legal identity, granted legal capacity by the law, who has concluded or is planning to conclude a contract of sale.
Consumer – Article 22¹ of the Polish Civil Code: an individual performing with the Seller a legal act that is not directly associated with its commercial or professional activities.
Contract of Sale – a contract for the sale of a Product present on the abovementioned Online Store’s website, concluded between a Customer and the Seller via the Online Store.
Goods – a Product, a movable object that a Customer purchases via the Online Store.
Order – a statement of will made by the Customer, submitted via the Online Store, determining: the kinds and quantities of the Goods found in the Online Store’s stock as of the moment of submitting the Order, the mode of payment, the method of delivering the Goods, the place where the Goods are to be delivered, as well as the Customer’s data.
Order Form – an electronic service, a form present on an electronic platform available in the Online Store, enabling the submission and the execution of the Order, by way of, among others, adding Products to the electronic cart, and describing the conditions of the Contract of Sale, including the methods of delivery and payment.
Order processing time – the time in which the order placed by the Online Store’s Customer shall be completed, packed, sealed by the Seller and released for delivery via the method of delivery selected by the Customer.
Work day – one day between Monday and Friday, excluding bank holidays.
Law on Consumer Rights, the Law – the Law of 30th May 2014 on Consumer Rights (Polish Journal of Laws of 2014, item 827, as amended).

2 GENERAL PROVISIONS

The Seller declares that it respects all of the requisites pertaining to the rules concerning the protection of the Customers’ personal data, provided for by, among others, the Law on Personal Data protection (i.e. Journal of Laws of 2015, item 2135, as amended, in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 (of 27 April 2016, Official Journal of the European Union L. no. 119). The Customer consents to the collection, storage and processing its personal data by the Seller exclusively for the aim directly associated with the delivery of the Service/Goods ordered in the Online Store. The conditions for the collection, processing and protection of personal data by the Seller are described in detail in the Online Store’s “Privacy Policy”.
The Seller declares that, starting on 28 May, due to the entry into force of the legal regulation (transposing Directive (EU) 2019/2161 into national law) pertaining to reviews in all of Europe: traders who make reviews public are obliged to inform whether and how it is guaranteed that the reviews come from consumers who have used or purchased a given product. The means employed therefor must be stated specifically.
We declare that the reviews published on our website come from real customers who have purchased and used our products. The reviews have been given following the request for them sent upon confirmation that the goods had reached the customer. We reserve the possibility to import reviews published in our company’s Google Business Profile Tab; the reviews may also come from the Allegro platform. We pledge to complete all the formalities and undertake all the efforts to ensure that the reviews are real and veracious, and that those given improperly be removed.
When submitting orders in the Store, the Customer may acquaint himself with the Terms and Conditions, accepting their contents by ticking the appropriate field in the form. The fulfilment of the order requires the acceptance of the Terms and Provisions. We inform you that concluding a Contract of Sale online and accepting the Terms and Conditions comport the obligation to pay for the Goods ordered.
The Data Controller employs appropriate technical and organisational means to ensure protection of personal data adequate to the risks and data categories subject to protection. Above all, it protects the data from being shared, removed, processed, lost, altered, damaged or destroyed by unauthorised persons. The specific scope of protection has been regulated in accordance with the requisites set out in the Personal Data Protection Policy (Security Policy, Terms and Conditions for the Protection of Personal Data, Instructions for the Management of the IT System).
The data of your Data Controller is found in the “Contact” tab located on the website.
Everyone whose data is processed is entitled to
supervise and control the processing of the personal data of which the Seller keeps the customers’ personal data record for the store;
obtain exhaustive information on whether such a register exists and is kept by the Seller;
determine who is the data controller, determine its address, headquarters, name, and, if the controller is an individual, to determine its full name and address of residence;
obtain information on the aim, scope, methods, and time of processing the data kept in such a register;
obtain information on the form and content of the said data in a commonly understandable form;
know the source of the data regarding themselves, unless the data controller is obliged to keep classified information in that area secret or to keep it a professional secret;
demand the completion, update or rectification of the personal data, its temporary suspension or removal if incomplete, out of date, untrue or collected against the law or no longer necessary for pursuing the aim for which it was collected.
Pursuant to Point 6, the Customer is entitled to view the contents of the personal data processed, to amend it, and to demand its removal. The Data Controller is obliged to carry out the completion, updating or rectification of the personal data, its temporary suspension or removal from the register on an ongoing basis and immediately following a given request, unless the request pertains to personal data where the modes of their completion, update or rectification are determined by separate provisions of law, including statutes.
During the procedure of finalising the order, the Customer expresses his consent to the collection and processing of personal data by the Seller in accordance with the law on the protection of personal data. The data may only be shared with another entity in situations where it is required by the law or where it is indispensable for processing the order placed.
The Customer may express his consent to receive from the Seller information of promotional and commercial nature electronically, by subscribing to the NEWSLETTER.
A Customer using the Seller’s Services performed via the Online Store is obliged to respect these Terms and Conditions within the scope necessary for the execution of the order placed and not in contravention of the law in force or the principles of social coexistence.
The Online Store’s Seller declares that the Goods available and sold in its Store are new, usable, safe and free of physical or legal defects. The Goods are in full conformity with the properties shown and described on the Online Store’s website.
The Seller fulfils orders in the territory of Poland and orders placed by Consumers in Europe, and, following prior agreement of the terms of delivery, in other countries as well.
All of the Goods sold by the Online Store have been introduced to the Polish market legally and in accordance with the law. The information pertaining to the Goods found on the Online Store’s website constitute an invitation to conclude a contract pursuant to Article 71 of the Law of 23 April 1964 of the Polish Civil Code.
Any prices of Products/Goods/Services given on the Online Store’s website are given in the Polish currency (Polish zloty) or Euro (EUR), and are gross prices comprising VAT, customs fees, and other components imposed by the law.
ATTENTION: The prices of the Goods given on the website do not contain the delivery costs, which are added only when the Customer chooses the method of delivery of the Goods ordered.
A trader operating as a sole trader who makes a purchase not associated with its economic activity has the right to withdraw from the contract within 14 calendar days from the moment of the Customer or a third party other indicated by him other than the carrier having taken possession of the Goods.
Reminder: Given the new provisions of the Polish Civil Code, the legislator has also planned adding Article 38a to the Law on Consumer Rights that will enable sole proprietorships to enjoy the 14-day right-to-return period, in the following wording: “Article 38a The provisions regarding the consumer contained herein are applicable to an individual concluding a contract directly associated with his economic activity, if it follows from the contents of that contract that for this individual it is not of professional character that would in particular arise from the object of the economic activity carried out by the said individual, made public based on the legal provisions on the Central Register and Information on Economic Activity (CEIDG)”.
556(4) The provisions pertaining to the consumer contained herein, with the exception of the second sentence of Article 558 § 1, are applicable to an individual concluding a contract directly associated with its economic activity, when it follows from the contents of that contract that it not of professional character arising in particular from the object of the economic activity carried out by the said individual, made public based on the legal provisions on the Central Register and Information on Economic Activity (CEIDG)”
Verifying whether a given activity is of professional nature shall take place based on the Central Register and Information on Economic Activity (CEIDG), or, more specifically, based on the PKD codes determining the kinds of economic activity carried out.
Traders operating as sole traders shall receive rights regarding:
prohibited clauses used in model contracts;
statutory warranty for defects of sold goods;
legal recourse against the previous seller in association with the execution of the consumer complaint;
the right to withdraw from a contract concluded remotely or beyond the company’s premises within 14 days;
The provisions regarding the consumer contained in Articles 385(1)-385(3) of the Polish Civil Code [regarding prohibited contractual provisions] are applicable to an individual concluding a contract directly associated with his economic activity, if it follows from the contents of that contract that for this person it is not of professional character arising in particular from the object of the economic activity carried out by the said individual, made public based on the legal provisions on the Central Register and Information on Economic Activity (CEIDG).
The new Article 385(5) of the Polish Civil Code only pertains to prohibited contractual provisions (abusive clauses). The provisions on abusive clauses shall be applicable to sole traders after 1 January 2021. A catalogue of example twenty-three abusive clauses is available in Article 385(3) of the Polish Civil Code. Next, with the current version of the abusive clause register kept by the President of UOKiK,
The new regulations shall apply to contracts concluded following 21 January 2021. The provisions of Articles 385[5], 556[4], 556[5], and 576[5] of the Law whose Article 1 is amended shall not be applicable to contracts concluded before 1 January 2021. Article 38a of the Law whose Article 55 is amended shall not be applicable to contracts concluded before 1 January 2021.
Traders operating as sole traders shall still not be able to employ the help of institutions supporting consumers in the protection of their rights, including the help of Poviat/Municipal Consumer Ombudsmen or UOKiK.

3 CONDITIONS FOR THE PROVISION OF SERVICES

This Online Store provides services electronically. The main condition for entering into a contract is filling out the order form in order to conclude a contract of sale. Entering into contract is voluntary.

The service contract is concluded electronically, by way of enabling a Customer of the Online Store to complete a form; the contract is concluded for a definite time established at the moment in which the Customer proceeds to fill out the form, and is terminated at the moment in which the Client abandons filling out the form or at the moment in which the completed form is sent to the Seller. The procedure for filling out the order form is organised so as to allow every Customer the possibility to read it before making the decision to conclude or modify a contract.

The service defined in Point 1 is provided free of charge; however, it may require internet access.
Electronic orders may be placed 24 hours a day, 7 days a week.
When finalising the purchase, the Customer shall tick in the appropriate window the option “I consent to the processing of my personal data contained in the order form for the purpose of processing the order and within the scope necessary therefor.”, as it is necessary for concluding the contract. Providing your personal data is indispensable for placing orders, and refusal to provide your personal data shall be tantamount to abandoning the conclusion of the contract.
In accordance with Article 8 Section 2 of the GDPR, the Data Controller, using the technology available, shall make reasonable efforts to verify whether a person with parental authority or custody over the child (younger than 16 years of age) has expressed or approved consent.
The Customer’s costs associated with internet access and data transmission shall only be borne by the Customer per the rate of the provider with whom the Client has concluded a contract for the provision of internet services.

4 SERVICE CONDITIONS

In order to conclude a valid and binding Contract of Sale, the Customer makes a choice according to the displayed offer of the Online Store, determining the amount of Goods he intends to purchase, and, should there be such a possibility, indicating the characteristics and, if relevant, the specifications of the Product ordered. Along with choosing the Goods, the Customer fills out the online order form, indicating the data necessary for processing the order on the part of the Seller, such as e.g. the amounts, the place of delivery, or the methods of payment, based on the messages displayed for the Customer and the information available on the website and available in the present Terms and Conditions.
Registering a Customer Account in the Online Store is voluntary and free of charge.
If the Seller allows the possibility of ordering Goods whose characteristics entail creating them per a Customer’s individual order, the Customer shall send along with the online order form contents necessary for creating the Goods, i.e. text, graphics, dimensions etc., per the technical requirements given with the description of the Goods, or shall select the appropriate specification of the Goods among the variants of the available configuration possibilities for given Goods allowed by the Seller.
Immediately following the receipt of the order, the Seller shall send to the Customer electronically, to the email address provided during the placement of the order, a statement on the acceptance of the order, constituting at the same time the confirmation thereof. Upon the receipt of the message by the Customer, the contract of sale shall be concluded.
The message summarising and confirming the order shall contain all of the previously established conditions of the contract of sale, in particular the amount and the kinds of Goods ordered, their specifications if Goods with properties individually specified by the Online Store’s Customer were ordered, the total price to be paid (denominated in Polish złotys), along with the delivery costs and the amount of discounts given (if applicable).
If the Customer is entitled to a greater number of discounts from several sources/promotional campaigns, they may only be combined/summed if it is explicitly allowed by the Terms and Conditions of the promotional campaign. Should no provisions on the ways of combining various promotional campaigns/discounts be present, only one discount (one promotional campaign) may be selected for a given purchase.

5 ORDER PROCESSING

The Seller shall process the Customer’s orders thoroughly in the order of their receipt – every order is very important and a priority to us!
The time of processing an order for a single customer is between 1 and 5 work days, counting from the day the Customer submits the order. In the case of products whose availability is marked as “available upon order”, the delivery time is specified on the product page. The order processing time is made up of, above all, the order preparation time (gathering the items and packing the order, issuing the package to the carrier, and, in certain cases, manufacturing the Goods). The order delivery time depends on the selected mode of delivery and may change depending on the mode of transportation indicated by the Customer.
Should extraordinary circumstances or the lack of possibility of processing the order within the deadline specified in point 2 arise, the Seller shall contact the Customer immediately in order to determine the manner of proceeding, including determining a different deadline for the processing of the order or changing the delivery method.

6 DELIVERY

The delivery of the Goods shall take place via the operator of a carrier or in another way that is accepted by the parties and not associated with excessive and unjustified costs on the part of the Seller or the Customer.
The ordered Goods are delivered according to the Customer’s choice, either directly to the Customer’s address indicated in the submitted online order form and confirmed by the Customer as the delivery address, or picked up personally at the personal pick-up point at the address indicated when filing the order.
The Goods are always packaged in a way corresponding to their properties, so as to prevent damage, loss, or destruction during transportation.
The Customer is informed of the delivery costs on a current basis, and they are given during the filling out of the online order form by the Customer. The amount of the delivery costs depends on the country the order is sent to, the amount and weight of goods ordered, as well as the package consignment method.

7 PAYMENT METHODS

The Seller enables payment for the Goods ordered in the form of advance payment made to a bank account.
Electronic payment with credit card or as an online banking transfer via the online payment service PayPal.
With cash, upon receiving the Goods ordered (cash on delivery) – the Customer pays the delivery person, upon receiving the ordered Goods delivered via the carrier to the address indicated by the Customer in the order.
The Seller documents the sale of the Goods per the request of the Customer.

8 STATUTORY WARRANTY

The delivery of the Goods within the performance arising from statutory warranty for defects takes place at the expense of the Seller.
The Seller shall bear responsibility under statutory warranty if the defect is revealed before two years have passed since the day of issuing the Goods to the Consumer. The Seller bears responsibility before the Consumer if the consumer Goods were not in conformity with the contract or have physical or legal defects at the moment of delivery. The Seller shall be responsible for the lack of conformity of the Consumer goods with the contract if it is revealed within two years from transferring the said Goods to the Buyer; should the Goods be exchanged, the period shall run afresh. A physical defect entails the lack of conformity of the sold item with the contract. In particular, an item is not in conformity with the contract if:
it does not have the properties that an item of its kind should have due to the goal specified in the contract or arising from the circumstances or intended use;
it does not have the properties of which the Seller has ensured the Buyer, including by presenting a sample or a pattern;
is not suitable for the aim of which the Buyer informed the Seller at the conclusion of the contract, and the Seller has not made reservations pertaining to such an aim;
it has been transferred to the Customer in an incomplete state.
Reports on the defects of the Goods should be sent electronically to the Seller’s email address, or in writing to the Seller’s mailing address (see §1 point 3: “Seller’s Address”). Should the consumer experience difficulties and not know how to draw up a report on the Goods’ defects, he may for example send the report on the form constituting Annex no. 2 to the present Terms and Conditions, which is merely a way to facilitate the complaint process and does not create any requirement to use the said model form in order for the complaint to become effective.
If it is indispensable for the proper evaluation of the physical defects of the Goods, the Goods should be, following a request and preliminary findings, delivered to the address of the Seller’s headquarters (see §1 point 3: “Seller’s Address”), if permitted by the properties of the Product.
The Seller responds to the Consumer’s report immediately, no later than within 14 calendar days from having received it. The lack of examination of the report within the specified deadline is tantamount to the Seller having taken it into account and deemed it justified.
The Seller covers the cost of receiving the Goods, delivery, removal of the defects, and exchanging the Goods for a new item.

9 WITHDRAWAL

In accordance with the provisions of the law, a Customer being a Consumer in accordance with Article 27 of the Law of 30 May 2014 (Journal of Laws of 2014, item 827 as amended) on Consumer rights, has the right to withdraw from a contract concluded remotely without specifying the cause.
The right to withdraw from the contract is in force within 14 calendar days from the moment of the Customer being a Consumer, or a third party other than the carrier authorised thereby, taking possession of the Goods.
If a Customer being a Consumer withdraws from the contract, the contract is deemed unconcluded, and the Consumer is freed of any and all obligations thereunder. Whatever the parties have provided to each other shall be returned in an unchanged state, unless a given change was necessary within the scope of ordinary management. The return should take place immediately, no later than within 14 days.
A Customer being a Consumer may withdraw from the contract by making a declaration in the online form constituting Annex no. 1 to the present Terms and Conditions, submitting it electronically or to the Seller’s mailing address, per the Customer’s choice. Annex no. 1 is merely a means of facilitating withdrawal from contact, but is not a model form necessary to be used for exercising the right to withdraw from contract. The Customer may but does not have to use it. In order to withdraw effectively, sending a written declaration to the Seller’s Address shall suffice.

In order to meet the deadline defined in point 2 the Customer must only send the declaration of withdrawal before the expiry of the said deadline.

The Seller shall promptly confirm to the Customer the receipt of the declaration of withdrawal from contract and shall inform the Customer as appropriate of the procedure to follow, including the manner of returning the Goods, and shall provide answers to questions should they arise.
The Seller shall immediately, within no longer than 14 calendar days from having received the Client’s declaration of withdrawal, return to the Customer any and all payments received therefrom, including the cost of delivering the items. The Seller shall return the payment using the same method of payment the Customer used, unless the Customer expressly agrees to using another method of returning the payment that does not comport any cost for him.
If the Seller, having obtained the Customer’s consent, has not undertaken to collect the Goods personally, the Seller may withhold the return of the payments received, including the cost of delivering the items, until the receipt of returned Goods or until the Client delivers proof/confirmation of having sent the Goods back, depending on whichever of those events takes place first.
The Customer is obliged to return the item to the Seller or transfer it to a person authorised by the Seller immediately, but no later than within 14 calendar days from the day of having withdrawn from the contract, unless the Seller has offered to collect the Goods by itself. In order to meet the deadline, sending the Goods back before the expiry of the said deadline shall suffice.
A Customer being a Consumer shall cover only the direct cost of returning the Goods.
A Consumer has the right to withdraw from a contract concluded remotely without specifying the reason and without incurring costs, save for the costs defined in Articles 33 and 34 of the Law on Consumer Rights.

The Goods shall be delivered to the Seller’s Address (see §1 point 3: “Seller’s Address”).

The Consumer shall bear responsibility for the reduction of the value of the item resulting from using it in a manner exceeding what is necessary to determine the character, characteristics and functioning of the Goods. This means that the Buyer has the right to evaluate and check the Goods, but only in the same way that he would be able to do so in a stationary store (i.e. check it for completeness and technical parameters). The Consumer may not have utilised the item normally – otherwise, withdrawing from the contract, he may be charged with additional costs related to the reduction of value.
The Customer does not have right to withdraw from contracts defined in Article 38 of the Law of 30 May 2014 on Consumer Rights in, among others, the following situations:
service contract: if the trader has performed a given service in full, following the Consumer’s express consent, with the Consumer informed before the beginning of the performance that, following the completion of the performance, he shall lose the right to withdraw from the contract;
if the contract’s price or compensation depends on fluctuations of the financial market that are beyond the control of the trader, and that may transpire before the expiry of the deadline for withdrawal;
if the object of the contract is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs;
if the object of the contract is an item subject to quick deterioration or having a short shelf life;
if the object of the contract is an item delivered in a sealed packaging which may not be returned following the opening of the packaging due to health protection or for hygienical reasons, should the packaging have been opened following delivery;
if the object of the contract are items which become inextricably joined with other items due to their nature.

10 COMPLAINT PROCEDURE

In order to submit a complaint effectively, the Customer should provide his data such as: full name or company name, home address or company headquarters’ address and email address, the object of the complaint, the number of the order and an indication of the time period relevant to the complaint, if possible, as well as the circumstances justifying the submission of the complaint (a description of the object of the complaint), or the characteristics that the ordered Goods lack and, according to the Seller’s assurances or to the way it had been presented to the Customer, should possess.
If the Customer is a Consumer, he may demand the exchange of the Goods for an item free of defects instead of the removal of the defect offered by the Seller, or the removal of the defect instead of exchanging the Product, unless bringing the item to conformity with the contract in the manner specified by the Customer is impossible or would require a cost that is excessive compared to the manner offered by the Seller. When evaluating the excessiveness of the costs, the factors taken into consideration are the value of a defect-free item, the kind and significance of the defect revealed, as well as the inconveniences that could be brought upon the Customer by another way of satisfying the claim.
Unless stated otherwise by separate provisions, the trader is obliged to respond to the consumer’s complaint within 14 days from having received it. If the trader has not responded to the complaint within the above-stated deadline, the complaint is considered to have been acknowledged by it. The response to the complaint shall be given by the trader on paper or another durable carrier (USB memory or CD/DVD, responding to the complaint.)”
Should the complaint not be considered within the specified deadline, it shall be deemed to have been acknowledged by the Seller. Should a claim pertaining to withdrawal from contract not be considered within the specified deadline, this shall not be deemed tantamount to acknowledging the submitted complaint.

11 RESPONSIBILITY

By publishing or sharing contents, the Customer disseminates them willingly. The Seller is not the supplier of the contents and does not associate itself with them with any way, being merely an entity providing communication and information resources. The Customer declares that:
he has the right to use and share the contents published by himself based on author’s economic rights, industrial property rights or related rights;
the publishing and sharing of personal data, likeness, and information regarding persons other than the Customer within the scope of the services took place in a manner compliant with the law, voluntarily, and with the consent of the owners of the relevant contents;
he accepts the viewing of the information, data, images, and other contents published by him on the part of others, the Customer, and the Seller, allowing the Seller to use them free of charge;
consents to the creation of studies, modifications, and interpretations of works in accordance with the Law on Copyright and Related Rights.
The Customer does not have the right to:
publish the personal data of third persons or disseminate their likenesses without the required permission or consent of the third persons whom they regard,
publish contents of advertising and/or promotional character not in line with the purpose of the store’s activities.
It is prohibited for the Customer to publish, in particular, contents:
aiming to infringe upon the personal rights of third persons;
shared in bad faith or contents that could be regarded as such;
infringing upon the rights of third persons, copyrights, related rights, industrial property rights, company secrets or affected by confidentiality provisions, especially those determined as secret or top secret;
contents that are insulting or constituting a threat against others, statements widely regarded as offensive such as e.g. swearwords;
infringing upon the Seller’s legitimate interests;
constituting the sending or publishing unsolicited commercial information within the framework of the Online Store (spam);
infringing in other ways upon decency, the provisions of law in force, or social or moral norms.
In case of receiving a notification from a third party, an authorised person or a State authority, the Seller reserves the right to modify or remove the contents published by the Customer, in situations where the Seller determines that they may constitute a violation of the present Terms and Conditions or the provisions of law in force. The Seller does not check the published contents on a current basis.

12 OUT-OF-COURT MEANS OF PROCESSING COMPLAINTS AND PURSUING CLAIMS

Information pertaining to the out-of-court manners of processing complaints and pursuing claims, as well as the rules governing access to these procedures, are made available in the offices and on the websites of the poviat (municipal) Consumer ombudsmen, social organisations whose statutory tasks comprise the protection of Consumers, Voivodeship Inspectorates of the Trade Inspectorate (Inspekcja Handlowa), as well as at the following web addresses of the Office of Competition and Consumer Protection (UOKiK): www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
The Consumer may use, among others, the following possibilities for out-of-court processing of complaints and pursuing his claims:
requesting the Voivodeship Inspector of the Trade Inspectorate to initiate a mediation proceeding regarding an amicable resolution of the dispute.
requesting the permanent Consumer Arbitration Court operating alongside the Voivodeship Inspector of the Trade Inspectorate to resolve a dispute arising from the concluded contract, www.uokik.gov.pl/wazne_adresy.php.
requesting the free legal aid of, among others, the Consumer Federation – website: www.federacjakonsumentow.org.pl.
The resolution of cross-border disputes is assisted by the European Consumer Centres Network. The addresses of these institutions are available on the website of the European Consumer Centres Networkwww.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 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). The European ODR (online dispute resolution) platform available at the web address: http://ec.europa.eu/consumers/odr/ is a single, shared access point for consumers and traders that enables out-of-court settlement of disputes regarding contractual obligations resulting from a concluded online contract of sale: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
Employing the out-of-court methods of processing complaints and pursuing claims is voluntary in character and may only take place when both parties to the dispute, i.e. both the Seller and the Customer, consent to it.

13 PROVISIONS REGARDING TRADERS

The regulations and provisions of the present Section 13 only pertain to Customers and Clients not being consumers.
The Seller reserves the right to withdraw from a contract of sale concluded with a Customer not being a consumer within 14 calendar days from its conclusion. Withdrawal from a contract of sale may occur without giving a reason and may not give rise to any claims against the seller on the part of a customer not being a consumer.
In the case of customers being clients and at the same time not being consumers, the service provider may terminate the contract for the provision of an Electronic Service with immediate effect, even without indicating the causes, on condition that it has sent an appropriate declaration to the customer.
The Seller has the right to limit the available methods of payment to several or to one, for particular goods or for all of them. The Seller may require the prepayment of the full amount or a part of it, independent of the chosen payment method or the fact of concluding the sales agreement.
The danger of accidental loss of or damage to the product is transferred to the buyer at the moment of the seller releasing the ordered product to the carrier. At the moment of releasing the ordered product to the carrier, all of the benefits and burdens associated with the goods are transferred onto the customer as well. In such a case, the Seller does not bear responsibility for the loss, decline, or damage from the moment the goods are accepted by the carrier until they are released to the customer.
A Customer not being a consumer is obliged to examine the package within the time and in the manner customary for packages of this kind. If he discovers that the product has suffered decline or damage during transportation, he is obliged to perform any and all activities indispensable and necessary for determining the carrier’s responsibility.
The Seller informs that, pursuant to Article 558 § 1 of the Civil Code, the responsibility for a product towards a customer not being a consumer under statutory warranty is precluded.
The seller’s responsibility is limited to the amount paid, both for a single claim and for all of the claims together. The Seller shall bear responsibility only for typical damage predictable at the moment of concluding the contract and does not bear responsibility for lost profits.
Any and all disputes between the online store and a Customer not being a Consumer shall be submitted to the court competent for the Seller’s headquarters.

14 FINAL PROVISIONS

The Online Store recognises any and all of the Customers’ rights existing under the provisions of law in force.
If the law in force grants the Customers being Consumers mandatory and legally-required regulations more favourable than those contained in the present Terms and Conditions, the respective provisions of the Terms and Conditions shall be directly superseded by the particular norms of the law in force and shall thus be binding for the owner.
Any and all contents published on the Online Store’s website (including graphics, texts, page layouts and logotypes) enjoy the protection established for copyrights and are the sole propriety of the Seller. Using these contents without the written consent of the Seller comports civil and penal liability.
The store’s owner, as a controller or personal data, informs you that:
- providing one’s data is always voluntary but indispensable for the processing of the order;
- persons providing their personal data have the unlimited right of access to all the contents of their data and its rectification, removal (the right to be forgotten),
- limitation of its processing, the right to transfer the data, the right to withdraw the consent at any moment without impact upon the legality of the processing; the data may, however, be made available to the competent state organs if required by the law.
- the grounds for processing personal data shall be Article 6 Section 1 point a) and the contents of the General Data Protection Regulation;
- the personal data shall be shall be stored and processed for a period indispensable for the conclusion of processing it as well as the order, but no longer than for a period of 3 years (of which 2 years being the complaint period and 1 year reserved for other potential claims and extraordinary situations),
- persons providing their personal data have the right to file a complaint with the Polish Personal Data Protection Office (UODO) if they decide that the processing of personal data relevant for the processing of an order violates the provisions of the General Data Protection Regulation of 27 April 2016;
The European Commission has not declared an appropriate level of protection relevant to the scope of the processing of data by this store by way of a decision, but the data shall be adequately protected by means of digital/legal means and solutions.
Your data shall be processed in an automatised manner, including profiling.
In the remaining matters not regulated by the provisions of the present Terms and Conditions, the appropriate provisions of Polish law shall apply.
The changed Terms and Conditions are binding for the Customers if the requirements defined by Article 384 of the Polish Civil Code have been observed (i.e. the Customer has been properly informed of the changes).
The Seller reserves the right to introduce changes to the Terms and Conditions due to important reasons, that is:
changes to the provisions of law;
changes to the payment or delivery methods;
changes to the manner of providing services electronically within the scope encompassed by the Terms and Conditions;
changes to the Seller’s data, including its email address and phone number.
The changes to the Terms and Conditions do not impact the orders placed and being processed already – in those cases, the Terms and Conditions in force as of the moment of placing the order shall apply. The Seller shall provide information pertaining to the changes intended to be implemented at least 30 days prior to the implementation. In case of lack of acceptance of the changes to the Terms and Conditions, the Clients may, within 30 days following receipt of the message, withdraw from the contract with immediate effect.
The disputes arising as a result of the performance of services based on the present Terms and Conditions shall be submitted for resolution to the Court of General Jurisdiction selected by the Client being a consumer, pursuant to the relevant provisions of Polish law.
The Annexes to the Terms and Conditions constitute an integral part thereof.
The contract of sale is concluded in Polish, and its contents shall conform to the Terms and Conditions.
The Customers of the aforementioned store may access the present Terms and Conditions at any time via a link placed on the website’s homepage, as well as download it and print it; its commercial use, however, is subject to protection by Kancelaria Prawna LEGATO.
The Terms and Conditions enter into force on the day of 1 August 2022.

NOTE ON THE SALES TERMS AND CONDITIONS COPYRIGHTS

The holder of all of the legal economic copyrights for the model of the present Sales Terms and Conditions is Kancelaria Prawna LEGATO, which has granted to this store a non-exclusive and inalienable right to use these Terms and Conditions for purposes related to its online trade activity, and extends the legal protection onto the said document for the duration of the contract. Copying and distributing the model of the present Sales Terms and Conditions without the consent of Kancelaria Prawna LEGATO is prohibited and may be subject both to penal and civil liability. Online sellers may learn more about the possibility of using the model Terms and Conditions on the following website: http://www.kancelaria-legato.pl/

Online Store Terms and Conditions

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