ONLINE STORE REGULATIONS
TABLE OF CONTENTS:
ELECTRONIC SERVICES IN THE INTERNET STORE
TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
WAYS AND TERMS OF PAYMENT FOR THE PRODUCT
COST, WAYS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT
OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND THE RULES OF ACCESS TO THESE PROCEDURES
RIGHT OF WITHDRAWAL FROM THE CONTRACT
PROVISIONS CONCERNING ENTREPRENEURS
PERSONAL DATA IN THE ONLINE STORE
Online store bejca-bartek.pl cares about consumer rights. The consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, these regulations shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1 The Online Store available at the Internet address bejca-bartek.pl is run by FHP BARTEK Dorota Bartusz entered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister responsible for economy, having: address of place of business and address for delivery: Ogrodowa 15 Street, 62-070 Dąbrowa, NIP 7831037050, REGON 302824836, e-mail address: email@example.com, telephone number: 505 425 293.
1.2 These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except for item. 11 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 shall be processed for the purposes, to the extent and based on the principles indicated in the Regulations of the Online Store. Provision of personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.
1.4.1. WORKING 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 - Electronic Service, an interactive form available on the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart 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 laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - 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 - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her on the Online Store are collected.
1.4.7. PRODUCT - a movable item available at the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.8. REGULATIONS - these Regulations of the Online Store.
1.4.9. INTERNET SHOP - the Service Provider's online store available at the following web address: bejca-bartek.pl.
1.4.10. SELLER; SERVICE PROVIDER - FHP Bartek Dorota Bartusz entered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: address of place of business and address for service: 15 Ogrodowa Street, 62-070 Dąbrowa, NIP 7831037050, REGON 302824836, e-mail address: firstname.lastname@example.org, telephone number: 505 425 293.
1.4.11. CONTRACT OF SALE - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Internet Store.
1.4.12. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Store.
1.4.13. SERVICE PROVIDER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Service.
1.4.14. CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
1.4.15. ORDER - the Customer's statement of intent 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 and Order Form.
2.1.1. Account - the use of an Account is possible after a total of three consecutive steps are completed by the Customer - (1) filling in the Registration Form, (2) clicking the "Create an Account" field and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the provided e-mail address. In the Registration Form the Client is required to provide the following data: first and last name/company name, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and password. For Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.
184.108.40.206 The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: email@example.com or in writing to the address: 15 Ogrodowa Street, 62-070 Dabrowa.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Order with obligation to pay" box on the Web Store page after completing the Order Form. - Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
220.127.116.11 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.3 The Customer is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4 Mode of 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 is indicated in points. 6 and 7 of the Terms and Conditions), the Customer may submit, for example:
2.4.2. in writing to the address: 15 Ogrodowa Street, 62-070 Dabrowa;
2.4.3. in electronic form via e-mail to: firstname.lastname@example.org;
2.4.4. it is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS OF CONCLUDING A CONTRACT OF SALE
3.1 The conclusion of a Contract of Sale between the Client and the Seller shall take place after the Client places an Order using the Order Form on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.
3.2 The price of the Product shown on the website of the Online Store is given in Polish Zloty and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as the cost of delivery (including fees for transportation, delivery and postal services) and other costs, and when the amount of these fees cannot be determined - the obligation to pay them, the Client is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
3.3 Procedure for concluding a Sales Agreement on the Online Store using the Order Form.
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.
3.3.2 After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer a relevant e-mail message to the Customer's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. Recording, securing and making available to the Customer the content of the concluded Sales Agreement shall take place by (1) making these Terms and Conditions available on the website of the Online Store, and (2) sending the Customer the e-mail message referred to in item 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the computer system of the Seller's Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:
4.1.1 Payment by bank transfer to the Seller's bank account (prepayment).
4.1.2 Payment by cash on delivery upon collection of the parcel from the courier.
4.1.3. Payment via electronic payment system.
18.104.22.168 The entity providing online payment service by electronic means is Blue Media S.A.
22.214.171.124 Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
126.96.36.199 If there is a need for a refund for a transaction made by the customer with a payment card, the seller will make a refund to the bank account assigned to the payment card of the customer.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1 Delivery of the Product is available in the territory of the Republic of Poland.
5.2. The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Shop in the "Delivery Costs" tab and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3 The Customer's personal collection of the Product is free of charge, while it is required to make a prepayment in advance to a bank account or via an electronic payment system.
5.4 The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.1. courier delivery, cash on delivery.
188.8.131.52 The Customer is obliged to check the compliance of the shipment with the order and to report objections to the correctness of delivery, shortages, possible damage, and - if any irregularities are found - to prepare a complaint protocol at the time of receipt of the goods from the employee of the shipping company.
5.4.2 Personal collection available at: Hetmańska 84A Street, 60-219 Poznań - on Business Days, from 08:00 to 14:00.
5.5. the deadline for delivery of the Product to the Customer is up to 10 Business Days, unless a shorter deadline is specified in the description of the Product or during Order placement. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 10 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
5.5.1. if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.5.2. If the Customer chooses the payment method on delivery - from the date of conclusion of the Sales Agreement.
5.6 Deadline for readiness of the Product for collection by the Customer - if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 7 Business Days, unless a shorter deadline is specified in the description of the Product in question or when placing the Order. In the case of Products with different dates of readiness for pick-up, the date of readiness for pick-up shall be the longest date specified, which, however, shall not exceed 7 Business Days. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order. The beginning of the period of readiness of the Product for collection by the Customer is calculated as follows:
5.6.1 In case the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.6.2 In case the Customer chooses the method of cash or payment card upon personal collection - from the date of conclusion of the Sales Agreement.
5.7 In case of selection by the Customer of the payment method "electronic payment" or payment card, the Seller reserves the right to cancel the reservation of the goods if the payment for the purchase is not made within 15 minutes of the purchase.
6. PRODUCT COMPLAINT
(APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
6.1 The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code.
6.2 The Seller shall deliver to the Customer the Product without defects. Detailed information on the Seller's liability for defects in the Product and the Customer's rights are specified on the website of the Online Store in the "Complaint of goods" tab.
6.3 In the case of delivery of goods by courier and cash on delivery, the condition for asserting any claims for shortages or damage to the goods, is to draw up a complaint protocol at the time of receipt of the package, with the participation of an employee of the shipping company.
6.4 A complaint may be submitted by the Customer, for example:
6.4.1. in writing to the address: 15 Ogrodowa Street, 62-070 Dabrowa;
6.4.2. in electronic form via e-mail to the address: email@example.com;
6.5 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
6.6 The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within the aforementioned period means that the Seller has recognized the complaint as justified.
6.7 If, in order for the Seller to respond to the Customer's complaint or to exercise the Customer's rights under the warranty, it is necessary to deliver the Product to the Seller, the Customer will be asked by the Seller to deliver the Product at the Seller's expense to the address ul. Hetmańska 84A, 60-219 Poznań. However, if due to the type of defect, the type of Product or the way it is installed, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer will be asked to make the Product available to the Seller at the place where the Product is located, after prior arrangement.
6.8 In the case of goods that have been sent on a claim, if the service does not find a defect or it will be a defect not covered by the warranty, the cost of diagnosis and logistical costs will be charged.
6.9 The request for delivery of the Product referred to in sec. 6.6 of the Terms and Conditions shall not affect the running of the deadline for the Seller to respond to the Customer's complaint referred to in sec. 6.5 of the Terms and Conditions and does not affect the Customer's right to demand from the Seller to disassemble the defective Product and reassemble the Product after replacing it with a defect-free one or removing the defect, referred to in Article 561 of the Civil Code.
7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1 Detailed information on the possibility for the Customer who is a consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as 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 consumer protection, Provincial Inspectorates of Commercial 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 A customer who is a consumer has the following examples of out-of-court ways of handling complaints and claims:
7.2.1 The Customer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws 2001 No. 4 item 25 as amended) to resolve a dispute arising from the concluded Sales Agreement. The Rules of Organization and Operation of Permanent Arbitration Consumer Courts are set forth in the Ordinance of the Minister of Justice dated September 25, 2001 on defining the Rules of Organization and Operation of Permanent Arbitration Consumer Courts. (Journal of Laws 2001, No. 113, item 1214).
7.2.2. The Customer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings for amicable settlement of a dispute between the Customer and the Seller. Information on the rules and procedures of mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual provincial inspectorates of the 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 (such as the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address firstname.lastname@example.org.
8. RIGHT OF WITHDRAWAL
(APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
8.1 A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs specified in sec. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:
8.1.1. in writing to the address: Ogrodowa Street 15, 62-070 Dabrowa;
8.1.2. in electronic form via e-mail to: email@example.com;
8.2 A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available on the website of the Online Shop in the "Withdrawal from the contract" tab. The consumer may use the model form, but it is not mandatory.
8.3 The period for withdrawal from the contract begins:
8.3.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party other than the carrier indicated by the consumer, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;
8.3.2. for other contracts - from the date of conclusion of the contract.
8.4 In the case of withdrawal from a contract concluded at a distance, the contract shall be considered not concluded.
8.5 The Seller is obliged to immediately, no 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/her, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Client other than the cheapest ordinary delivery method available at the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of the payment received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6 The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address: Hetmańska 84A Street, 60-219 Poznań.
8.7 The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.8 Possible costs associated with the withdrawal by the consumer from the contract, which the consumer is obliged to bear:
8.8.1 If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.
8.8.2 The consumer shall bear 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 expiration 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 performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, 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 performance provided.
8.9 The right of withdrawal from a contract concluded at a distance is not granted to the consumer with respect 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 start of the service that after the performance by the Seller, 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 performance is a non-refabricated product, manufactured to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) 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 Seller has informed him of the loss of the right of withdrawal.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1 This section of the Terms and Conditions and the provisions contained herein shall apply only to Customers and Service Recipients who are not consumers.
9.2 The Seller shall have 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 any 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 non-consumer Customers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
9.4 Upon release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the shipment.
9.5 If the Product is sent to the Customer via a carrier, the 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 a defect or damage to the Product occurred during shipment, he is obliged to perform all actions necessary to determine the liability of the carrier.
9.6 In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product to the Customer who is not a consumer is excluded.
9.7 In the case of the Customer who is not a consumer, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the appropriate statement to the Customer.
9.8 The Service Provider/Seller's liability to the Service Recipient/Customer who is not a consumer, regardless of its legal basis, shall be limited - both as a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.
9.9 Any disputes arising between the Vendor/Service Provider and the Customer/non-consumer Customer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.
10. PERSONAL DATA IN THE ONLINE STORE
10.1 The administrator of the personal data of Service Recipients/Customers collected through the Online Store is the Seller.
10.2 Personal data of Service Recipients/Customers collected by the administrator via the Online Store are collected - in accordance with the will of the Service Recipient/Customer - for the purpose of executing the Sales Agreement or the agreement for the provision of Electronic Services.
10.3 Possible recipients of personal data of the Clients of the Internet Store:
10.3.1 In the case of a Customer who uses a courier delivery method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
10.3.2 In the case of a Customer who uses electronic or credit card payment method in the Internet Shop, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Internet Shop.
10.4 The Customer/Customer has the right to access the content of his/her data and to correct it. A request in this regard may be made, for example:
10.4.1. in writing to the address: 15 Ogrodowa Street, 62-070 Dabrowa;
10.4.2. in electronic form via e-mail to: firstname.lastname@example.org
10.5. providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services results in the inability to conclude such an agreement. Data necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services are also indicated each time on the website of the Online Store before concluding a given agreement.
11. FINAL PROVISIONS
11.1 Contracts concluded through the Online Store shall be concluded in the Polish language.
11.2 Change of Terms and Conditions:
11.2.1 The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in the law; changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
11.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations shall be binding upon the Customer if the requirements set forth in Articles 384 and 384 of the Civil Code have been met, i.e. the Customer has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Customer who is a consumer has the right to withdraw from the contract.
11.2.3 In the case of conclusion of agreements on the basis of these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), the amendments to the Terms and Conditions shall in no way affect the acquired rights of the Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect the Orders already placed or placed and the concluded, executed or performed Sales Agreements.
11.3 The Seller undertakes to publish technical data and photos of the products fully consistent with the sold object, while stipulating that any possible shortcomings and errors can not be the basis for claims.
11.4 In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827, as amended); and other relevant provisions of common law.