ONLINE SHOP REGULATIONS

ONLINE SHOP REGULATIONS

Online Shop available at the address sklep.proteccss.pl is run by Albert Marczak, conducting business under the name PRO - TEC CAR SECURITY SYSTEM Albert Marczak, registered in the Central Register of Business Activity and Information, having a principal place of business and address for service: ul. Graniczna 1, 05-124 Janówek Pierwszy, NIP: 1132005503, REGON: 141410674, e-mail address: sklep@proteccss.pl, phone number: +48 669 999 901, hereinafter referred to as the Seller.

Regulations of the online shop available at the Online address sklep.proteccss.pl define the terms and conditions of using the Online Shop and the manner of providing services by the Seller electronically and concluding sales agreements by means of the Online Shop, including specifying the rights and obligations of the Seller and the Client, the procedure for withdrawal from the agreement and the complaint procedure.

The controller of personal data processed in connection with the implementation of the provisions of the Regulations is the Seller. Personal data are processed for purposes, in the scope and on the basis of principles indicated in Privacy Policy published at online Shop sklep.proteccss.pl. Providing personal data is voluntary. Each person whose personal data is processed by the Seller has, among others, the right to inspect their content and the right to update and correct them.

The Consumer may not waive the rights granted to him in the Act of 30 May 2014 on consumer rights (Journal of Laws, item 827, as amended). Provisions of the Regulations less favourable to the Consumer than the provisions of the Act are invalid, and the provisions of the Act shall apply in their place. In the event of any inconsistency between the provisions of the Regulations and the aforementioned provisions, the said provisions shall prevail and apply.

Table of Contents:

§ 1 Definitions

§ 2 General provisions

§ 3 Services provided by electronic means

§ 4 Sales Agreement

§ 5 Order completion and delivery

§ 6 Payment methods

§ 7 Warranty and complaints

§ 8 Right of withdrawal

§ 9 Out-of-court dispute resolution methods

§ 10 Entrepreneurs

§ 11 Final provisions

Appendix No. 1 Sample form of withdrawal from the Agreement

Appendix No. 2 Notification of Withdrawal from the Agreement

§ 1

Definitions

Lead time - time in which the Order is completed by the Seller and then released to the specified carrier, this time does not include delivery time (time between the release of the Order to the carrier and its release to the Client).
Business day - one day from Monday to Friday excluding public holidays.
Contact form - an interactive form allowing the Clients to contact the Seller.
Registration form - an interactive form available in the Online Shop, which enables creation of a Client Account.
Order form - an interactive form available at the Online Shop that enables placing an Order, in particular by adding Goods to an electronic basket and specifying conditions of the Goods Sales Agreement with the Seller.
Client:

a natural person with full capacity to perform legal actions, and in cases provided for by generally applicable laws, also a natural person with limited capacity to perform legal actions,
legal entity,
an organisational unit without legal personality, which has been granted legal capacity by the law,

- who has concluded or intends to conclude a Sales Agreement with the Seller, as well as who uses or intends to use a Service or an Electronic Service.

Civil Code - the Act of 23 April 1964 Civil Code (Journal of Laws No 16, item 93, as amended), hereinafter also referred to as the Civil Code.
Consumer - a natural person making a legal transaction with the entrepreneur not directly related to his/her business or professional activity.
Client Account - Electronic Service, a set of data in the Seller's ICT system, marked with an individual name (login) and password, provided by the Client, in which data provided by the Client are Shopd, including contact information and history of Orders placed at the Online Shop.
Newsletter - Electronic Service, provided by the Seller via e-mail, which allows all Clients using it to subscribe to and automatically receive by e-mail cyclical, free information about such things as news, promotions.
Entrepreneur - a natural person, a legal person or an organizational unit not being a legal person but to which the law grants legal capacity, conducting business or professional activity in its own name.
Individual Entrepreneur - a natural person who enters into an agreement with another entrepreneur directly related to his/her business activity, where the contract is not of a professional nature for that person, and to which the provisions regarding consumers regarding prohibited contractual clauses, warranty for defects in the sold thing/service and the right to withdraw from the agreement concluded at a distance or outside the business premises apply.
Regulations - these Regulations of the online Shop.
Online shop - the Seller's online shop available at the website addresssklep.proteccss.pl.
The Seller - Albert Marczak, conducting business under the name PRO - TEC CAR SECURITY SYSTEM Albert Marczak, entered in the Central Register of Business Activity and Information, having the address of the principal place of business and address for service: ul. Graniczna 1, 05-124 Janówek Pierwszy, NIP: 1132005503, REGON: 141410674.
Goods - movables available in the Online Shop, being the subject of the Sales Agreement concluded between the Client and the Seller.
Sales agreement - the agreement of sale of the Goods concluded or entered into remotely between the Client and the Seller via the Online Shop.
Agreement concluded at a distance - agreement concluded between the Seller and the Consumer within an organized system of concluding agreements at a distance, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement.
Electronic service - a service provided electronically by the Seller to the Client via the Online Shop.
Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws, item 827, as amended), hereinafter referred to as the Consumer Rights Act.
Order - Client's declaration of will placed via the Online Shop, using the Order Form, aiming at concluding a contract of sale of Goods with the Seller, specifying in particular its terms and conditions, as well as type and quantity of Goods, manner and cost of delivery, form of payment and Client's data necessary for realization of the contract.

§ 2

General provisions

Regulations are available on sklep.proteccss.pl website in a manner allowing each user to obtain, reproduce and preserve their content by printing or saving on a carrier at any time.
The Regulations are addressed both to Consumers and Entrepreneurs, including individual Entrepreneurs, using the Online Shop (unless a given provision clearly indicates that it applies only to Clients who are Consumers), and provisions of § 10 of the Regulations apply only to Entrepreneurs using the Online Shop (i.e. making legal transactions directly related to their business or professional activity).
The Seller is the controller of personal data processed in connection with the implementation of the provisions of the Regulations. Personal data shall be processed for the purposes, within the scope and on the basis of the principles indicated in the Privacy Policy published on the website of the Online Shop.
The Seller declares that it complies with all principles of personal data protection of Clients provided by law.
Providing personal data is voluntary. Each person whose personal data is processed by the Seller has the right to inspect its content and the right to update and correct it.
The Client agrees to the collection, storage and processing of personal data by the Seller for the purpose directly related to the implementation of services or Goods ordered at the Online Shop. Detailed conditions of collecting, processing and protection of personal data by the Seller have been specified in the Online Shop's Privacy Policy.
The Client is obliged to use the Online Shop and the services offered by the Seller through it in a manner consistent with the laws applicable in the Republic of Poland, the provisions of the Regulations, the rules of social coexistence, taking into account respect for personal property and copyright and intellectual property rights of the Seller and third parties. It is forbidden for the user or the Client to provide content of an unlawful nature.
The Seller ensures the protection of electronic transmission and digital content by using technical and organizational measures to secure them. At the same time the Seller points out that the use of the Online and services provided electronically may be threatened by the ingress of harmful software to the ICT system and the Client's device, as well as unauthorized access to Client's data by third parties. In order to minimize the risks, the Client should use appropriate technical protection.
The purchase of the Goods can be made only by the Client who resides or has his seat in the territory of the Republic of Poland and other Member States of the European Union.
All information about the Goods and Services provided by the Seller via the Online Shop (including descriptions, prices of the Goods) displayed at the website of the Online Shop do not constitute an offer within the meaning of Article 66 of the Civil Code, but an invitation to conclude a contract, as specified in Article 71 of the Civil Code.
Prices of Goods available at the website of the Online Shop are expressed in PLN and include VAT.
Using the Online Shop means any action of the Client that leads to familiarizing with any content placed on the website of the Online Shop.
The Online shop has the right to organize occasional contests and promotions, the terms of which will be given each time on the website of the Online shop.
Promotions of Goods organized via the Online Shop are not subject to combining, unless the regulations of a given promotion state otherwise.

§ 3

Services provided by electronic means

The Seller provides, through the Online Shop, the following free of charge Services: Registration Form, Contact Form, Order Form, Account, Newsletter.
The use of all electronic services available in the Online Shop (conclusion of

the agreement on the provision of electronic services) is voluntary and free of charge.

The use of the Online Shop is possible on condition that the ICT system used

by the Client meets the following minimum technical requirements:

computer, laptop or other multimedia device with Online access,
access to e-mail,
a web browser that supports cookies (Mozilla Firefox version 17.0 and higher, Online Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher),
enabled Javascript in your web browser.

The Client shall bear the fees associated with Online access and data transmission in accordance with the tariff of its Online service provider.
Services specified in point 1 above are provided by the Seller 7 days a week, 24 hours a day. Information about possible interruptions in the provision of Services shall be made available on the website of the Online Shop.
Agreement for the provision of services consisting in browsing the information placed on the Shop's website is concluded for a definite period and is terminated when the Client closes the Shop's website.
The Client is obliged to enter data in accordance with the actual state.
“Account" service (available in the "Log in" tab and at the stage of filling in the Order Form - "Create Account"):

Using an Account is possible after completing the following steps: providing an e-mail address, data indicated in the process of filling in the Registration Form and providing a password, consisting of an appropriate number of characters.
The data that can be completed in the administration panel of the Account will be used to place Orders in the Shop when completing the Order Form.
The condition of registration and setting up an Account is that the User or the Client agrees to the content of the Regulations and Privacy Policy and to provide personal data specified in the Registration Form.
Agreement for the provision of electronic services involving the maintenance of an Account of the Client within the Online Shop is concluded for an indefinite period of time and is terminated when the Client submits a request to delete the Account to the Online Shop's e-mail address or in writing to the address of the Seller.
When filling in the Registration Form, the Client shall provide a password, through which he/she then gains access to the Account. The Client is obliged to protect his/her password and shall not make it available to third parties.
The account is non-transferable.

"Contact Form" service:

The contract for the provision of Electronic Services allowing the Clients to contact the Seller through an interactive form is concluded for a definite period of time at the moment of proceeding to fill it in and is terminated when the Seller replies.
You may use the Contact Form Service by clicking on the "Contact Us" tab, selecting a subject, providing a valid email address, optionally adding an attachment, and completing the body of your message and clicking the "Send" button.

"Order Form" Service:

The contract for provision of electronic services that enables the Client to place an Order via an interactive form is concluded for a definite period of time when the Client adds the first Goods to an electronic shopping cart at the Online Shop and is terminated at the moment of withdrawal from filling in the Order Form or at the moment of sending the filled in Order Form to the Seller and submitting the Order by the Client (by clicking the button approving the purchase and confirming the need to pay the price).
The process of filling in the Order Form is organised in such a way that each Consumer has the opportunity to get acquainted with it before deciding to conclude the Agreement or to amend the Agreement.
The Order is placed after the following steps are taken by the Client: after filling in the Order Form and then clicking the button approving the purchase and confirming the need to pay the price on the Online Shop's website - until the button approving the purchase and confirming the need to pay the price is clicked, it is possible to modify the data entered (for this purpose, follow the messages displayed on the Online Shop's website).
In the Order Form, it is necessary for the Client to provide the following data: name and surname (optional company name and NIP no.), delivery address (street, house number, apartment number, postal code, city, country), e-mail address, optional phone number and data regarding the concluded Sales Agreement: Goods, quantity, place and method of delivery of the Goods, method of payment for the Goods.

"Newsletter" service:

The Newsletter Service provision agreement shall be concluded for an indefinite period of time and shall be terminated upon the Client's sending a request to remove his/her email address from the Newsletter subscription service or unsubscribe from it with the use of a link contained in each message sent under the Newsletter service.
The User or the Client has the possibility to receive commercial information from the Seller (e.g. about news, promotions) in the form of messages sent to the e-mail address provided by the Client.
Using the Newsletter Service is possible after providing a valid e-mail address and clicking on the Newsletter Service order confirmation button.
The User or the Client may at any time, without stating reasons, revoke consent to sending messages through the Newsletter service by sending to the Seller a request to remove his/her email address from the Newsletter subscription service or unsubscribe using a link contained in each message sent within the Newsletter service,
The newsletter is sent only to those who have subscribed.

Complaint Procedure:

In the case of non-performance or improper performance of services provided electronically by the Seller, the Client is entitled to lodge a complaint under the terms of the Regulations.
Complaints related to the provision of Electronic Services by the Seller and other complaints related to the operation of the Online Shop (excluding the Goods complaint procedure, which is described in § 7 of the Regulations), the Client may submit in particular:

in writing to the address: ul. Graniczna 1, 05-124 Janówek Pierwszy,
via e-mail to the Seller's e-mail address: sklep@proteccss.pl .

It is recommended that the Client provide the following information in the complaint (which will be helpful to the Seller in the course of complaint handling and may speed up the complaint process):

circumstances concerning the subject of the complaint and the appearance of possible defects, e.g. the type and date of occurrence of the defect,
specifying the Client's request,
data for contact between the Seller and the person submitting the complaint/Client.

These recommendations are not mandatory and do not affect the effectiveness of the handling of the complaint.

The position of the Seller with respect to a given complaint shall be taken immediately, however, no later than within 14 calendar days from the date of its submission.

The right to withdraw from the contract for the provision of services by electronic means shall be granted to the Client who is a Consumer on the terms provided in the Regulations.
The Client, for whom the Seller provides Account services, and which are continuous and unlimited in time, shall have the right to terminate the agreement for the provision of services without giving reasons, with immediate effect. This right shall be exercised after sending a written or e-mail statement of termination of the agreement for electronic provision of services.
The Seller reserves the right to terminate an agreement for provision of continuous and unlimited Electronic Services with a 14-day notice period in case of violation of the Regulations by the Client.

§ 4

Sales agreement

The conclusion of the Sales Agreement between the Client and the Seller takes place after placing an order by the Client using the Order Form in the Online Shop.
The condition of placing an Order is having an active e-mail account.
The procedure for concluding the Sales Agreement in the Online Shop using the Order Form is as follows:

making a choice of Goods, by taking subsequent technical actions based on messages and other information displayed on the website (in particular, the choice of goods is made by clicking on the button "Add to cart"),
Fill in the relevant data indicated in the Order Form (including data necessary for the execution of the contract): name, surname, e-mail address, telephone number, delivery address (street, number of the house, number of the apartment, zip code, city), as well as choosing the method of delivery and method of payment, and in the case of Clients who are entrepreneurs, also provide the company name and NIP No. in order to issue an invoice,
after the Client has provided all necessary data, a summary of the Order shall be displayed (summary shall contain information regarding the description of the ordered Goods, unit and total price of the ordered Goods, including taxes and other fees, delivery costs and other costs, if any, the selected method of delivery, the selected method of payment, Client's data),
Placing an Order is possible after providing necessary personal data, accepting the content of the Regulations, confirming readiness to withdraw from the agreement and clicking the button confirming the purchase.

The Seller allows the Client, through the registration form, to set up a Client Account. Registration by the Client is one-time, voluntary and free of charge. The data provided during Account registration will be used to process subsequent Orders.
Immediately after receipt of the Order, the Seller shall send by e-mail to the e-mail address provided by the Client during the Order placement procedure a statement of acceptance of the Order, which is also its confirmation. At the moment of receipt by the Client of the above message the Sales Agreement between the Client and the Seller is concluded.
The message summarizing and confirming the Order shall contain all previously agreed conditions of the Sales Agreement, in particular the quantity and type of ordered Goods, total price to be paid together with delivery costs and the amount of granted discounts (if applicable to the given Order).
The content of the concluded Sales Agreement (its essential provisions) shall be recorded, secured, made available and confirmed to the Client by making the Regulations available on the website of the Online Shop and by sending the message, referred to in section 4 above, to the e-mail address given to the Client. The content of the concluded Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Shop.
In connection with the creation of an Account, each Client has the opportunity after logging in to check the status of the Order.

§ 5

Order processing and delivery

1. Delivery of Goods is available in the territory of the Republic of Poland and other Member States of the European Union and takes place to the address indicated by the Client in the course of the Order placement procedure.

2. Orders can be placed 7 days a week, 24 hours a day, with the proviso that they are processed on Working Days from 8:00 to 15:00.

3. Delivery of Goods to the Client is chargeable, unless the Sales Agreement provides otherwise. The costs of delivery of the Goods (in particular transport, delivery and postal fees) shall be indicated to the Client on the pages of the Online Shop during the placement of the Order, in particular at the moment of expressing by the Client the will to be bound by the Sales Agreement and in the information tab regarding costs of delivery.

4. The cost of delivery of the Goods shall vary depending on the size (dimensions) or/and weight of the Goods or Goods in question.

5. The Seller shall make available to the Client the following methods of delivery or collection of the Goods:

Personal collection: (personal pickup, date, time, place of pickup are determined individually by e-mail),
Courier delivery,
Cash on delivery courier service.

6. The date of delivery of the Goods to the Client shall be from 3 to 14 days, unless a different date was specified in the description of the Goods or during placing the Order. In the case of Goods with different delivery dates, the delivery date shall be the longest indicated date. The beginning of the delivery deadline of the Goods to the Client is counted as follows: in case of choosing by the Client the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the bank account or settlement account of the Seller, and in case of choosing by the Client the method of payment on delivery - from the date of concluding the Sales Agreement.

7. The exact date of delivery of the Goods upon personal collection, however, not longer than 14 days, shall be determined individually with the Client, and then confirmed by the Seller via a message sent to the e-mail address of the Client. The Client will be additionally informed by the Seller about readiness of the Goods for collection by phone or via e-mail.

8. The delivery time is directly influenced by the choice of delivery method made by the Client when placing the Order.

9. In case of exceptional circumstances or impossibility of realization of the Order within the specified time limit, the Seller shall immediately contact the Client in order to determine the further course of action, including determination of another date for realization of the Order or change of the method of delivery.

10. While filling in the Order Form and in the e-mail message confirming the Order, the Client shall be informed about the costs of the selected method of delivery of the Goods.

11. The Client has the right to cancel or amend the Order, but not later than until the dispatch of a message by the Seller confirming receipt of the Order, contacting the Seller by phone or e-mail. Cancellation or amendment after this date is possible after agreeing with the Seller.

12. Upon receipt of the package, the Client or a third party authorized by it should, if possible, carefully check the condition of the packaging (e.g. whether it is not damaged, whether there has been no interference by an unauthorized person, whether the contents of the package are intact). In the case of damage or other irregularities, the Client should, if possible, in the presence of the courier draw up a damage protocol and notify the Seller about this fact. If the Goods appear to be damaged, the Seller asks the Client not to accept the shipment. The above recommendations do not exclude or limit in any way the Client's right to make a complaint on the principles provided for in the Regulations. The above described recommended actions of the Client are only to help the Seller to determine the causes and liability for the damage. Failure to prepare a protocol of damage to the Goods does not limit the possibility of reporting the damage to the shipment. The complaint procedure remains unchanged regardless of the application or non-application of the above recommendations.

§ 6

Payment methods

The Seller allows the following payment methods:

traditional bank transfer to the Seller's bank account (indicated in the process of filling in the Order Form as well as in the message confirming the Order),
on delivery,
electronic and credit card payments - payments made via PayU.pl electronic payment system - PayU S.A. company, with the seat in Poznań (ul. Grunwaldzka 182, 60-166 Poznań), KRS: 0000274399, NIP: 7792308495 and PayPal Polska sp. z o.o. with headquarters in Warsaw, ul. Emilii Plater 53, Warszawa 00-113, NIP: 5252406419, KRS: 0000289372, REGON: 141108225 - current payment methods are available at https://www.paypal.com/,
cash on delivery in person.

If the Client chooses payment by bank transfer, the Client is obliged to make payment within 7 calendar days from the date of receiving a message confirming acceptance of the order by the Seller, specifying the total cost of the order including delivery (from the date of conclusion of the Sales Agreement).
In case the Client chooses cash on delivery, the Client is obliged to make the payment on delivery.
The Seller documents the sale of the Goods with a receipt, and at the Client's request, issues an invoice. The proof of purchase is delivered to the Client together with the Goods.

§ 7

Warranty and complaints

The Seller shall be liable to the Buyer if the sold thing has a physical or legal defect. The basis and scope of the Seller's liability towards the Client in a situation where the sold Goods have a physical or legal defect have been established by generally applicable law, including the Civil Code. (in particular Articles 556-576 of the Civil Code).
The Seller shall be obliged to deliver defect-free Goods to the Client.
The Seller shall be liable to the Client under the warranty for physical defects (a physical defect consists in the non-compliance of the sold thing with the agreement) and for legal defects.
A complaint may be submitted, for example, in writing to the address of the Seller's registered office or electronically to the e-mail address of the Seller.
The Seller shall respond to the Client's complaint immediately, but no later than within 14 calendar days from the date of submission. Lack of response from the Seller within this period means that the Seller considered the complaint as justified.
It is recommended that the Client provide the following information in the complaint (which will be helpful to the Seller in the course of complaint handling and may speed up the complaint process):

circumstances concerning the subject of the complaint - Goods and the appearance of possible defects, e.g. the type and date of occurrence of the defect,
specification of the Client's request (request for the manner of bringing the Goods into conformity with the Sales Agreement or submission of a declaration on price reduction or withdrawal from the Sales Agreement),
data for contact between the Seller and the person submitting the complaint/Client.

These recommendations are not mandatory and do not affect the effectiveness of the handling of the complaint.

The Client that exercises the rights under warranty shall deliver defective Goods at the expense of the Seller to the address of the Seller: ul. Graniczna 1, 05-124 Janówek Pierwszy.

If, for example, due to the nature of the Goods its delivery by the Client would be unduly difficult, the Client shall be obliged to make the Goods available to the Seller at the place where they are located.
The provisions of this paragraph shall also apply (e.g. after prior verification of the scope of the agreement with the PKD [Polish Classification of Activity] codes disclosed in the Central Register of Business Activity and Information) to individual Entrepreneurs who conclude a Sales Agreement with the Seller, directly related to their business activity, but not of a professional nature.
In the case of filing a complaint by a natural person, the Seller verifies whether that person has the status of a Consumer or an Individual Entrepreneur by verifying the contents of the order (in particular, whether the Client disclosed his/her company and NIP number when placing the Order):

If verification shows that the Client has the status of a Consumer, the Seller proceeds to consider the validity of the reported complaint in accordance with paragraph 5 above,
if the Sales Agreement has been concluded with a natural person - Entrepreneur, the Seller conducts verification, e.g. by establishing whether the subject of the Order covered by the complaint is within the scope of business activity covered by one or more of the Client's PKD codes (whether the transaction was of professional nature for the Client).

In the case of a natural person conducting economic activity entered in CEIDG [Central Registration and Information on Business], after the Seller verifies compliance of the subject of the Order with the scope of activity revealed in CEIDG:

If the subject of the Agreement is consistent with the scope of activity covered by the Client's PKD codes, the Client is not entitled to rights under the warranty for material defects, and the Seller rejects the application (unless the provisions of § 10 of the Regulations state otherwise),
If the subject of the Agreement is not consistent with the scope of activity covered by the Client's PKD codes, the Seller shall proceed to examine the application in accordance with section 5 above.

§ 8

Right of withdrawal

In accordance with Article 27 of the Act on Consumer Rights, the Client who is a Consumer has the right to withdraw from the remote contract without giving any reason.
The Client shall have the right to withdraw from the contract within 14 calendar days from the moment of taking possession of the Goods by the Client or a third party indicated by him other than the carrier.
In order to exercise the statutory right to withdraw from the contract, the Client shall make an unambiguous statement of intent to the Seller, sending it to the following address ul. Graniczna 1, 05-124 Janówek Pierwszy or to the e-mail address of the Seller: sklep@proteccss.pl.
The Client may use the form - Statement of Withdrawal from the Agreement, constituting Appendix No. 1 to the Regulations. The use of the form suggested by the Seller is not obligatory and does not affect the exercise of the Client's right to withdraw from the Agreement.
To meet the deadline specified in paragraph 2, it is sufficient to send a statement of withdrawal by e-mail or to the address of the Seller before its expiry.
A Client who has used the electronic delivery of a statement of withdrawal from the contract to the Seller, will be immediately informed of the acceptance of this statement of intent by e-mail or in writing to the address specified in the Order Form.
The Seller shall immediately, within no more than 14 calendar days from the date of receipt of notice of withdrawal from the contract, return to the Client all payments received from him, including the costs of delivery of items. The Seller shall return the payment using the same method of payment used by the Client, unless the Client has explicitly agreed to another way of returning the payment that does not involve any additional costs for him.
The Seller shall withhold reimbursement of payments referred to above until receipt of the Goods or confirmation by the Client of their return, in the absence of an obligation on the part of the Seller to collect the Goods in person.
Having withdrawn from the contract, the Client shall be obliged to return the purchased Goods to the Seller or a person authorised by the Seller to receive them, immediately, but not later than within 14 calendar days from the date of submitting the Statement of withdrawal.
In the case of a Client who chose a method of delivery of the Goods other than the cheapest standard delivery method available at the Online Shop, the Seller shall not be obliged to reimburse additional costs incurred by him.
The consumer shall bear the direct costs of returning the Goods.
Goods shall be returned to the Seller's address: ul. Graniczna 1, 05-124 Janówek Pierwszy.
The consumer shall only be liable for any diminution in the value of the item resulting from the use of the item beyond that which is necessary to establish the nature, characteristics and functioning of the item.
The right of withdrawal from the agreement concluded remotely is not entitled to the Client who is the Consumer in relation to the agreements:

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 provision, that after the performance by the Seller will lose the right to withdraw from the contract,
in which the price or remuneration depends on fluctuations of the financial market over which the Seller has no control, and which may occur before the end of the deadline for withdrawal from the contract,
in which the subject of the provision is a non-refabricated product, produced according to consumer specifications or serving to meet his individual needs,
in which the subject of the performance is a product that deteriorates rapidly or has a short period of usefulness,
in which the subject of the provision is a product delivered in a sealed package that cannot be returned after opening the package due to health protection or hygienic reasons, if the package has been opened after delivery,
in which the subject matter of the provision are Products, which after delivery, due to their nature, are inseparably connected with other things,
in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations, over which the Seller has no control,
in which the consumer explicitly requested that the Seller came to him in order to perform urgent repair or maintenance; if the Seller provides in addition other services than those which the consumer requested to perform or provides Products other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal is granted to the consumer in relation to additional services or Products,
in which the subject of the provision are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,
the supply of newspapers, periodicals or magazines with the exception of a subscription contract,
concluded by public auction,
the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period for the provision of the service,
the supply of digital content which is not recorded on a tangible medium, if the provision of services has begun with the consumer's express consent before the end of the period for withdrawal from the contract and after the Seller has informed him about the loss of the right to withdraw from the contract.

The provisions of this paragraph shall also apply (e.g. after prior verification of the scope of the agreement with the PKD codes disclosed in the Central Registration and Information on Business) to individual entrepreneurs who conclude a Sales Agreement with the Seller directly related to their business activity, but not of a professional nature.
If a statement of withdrawal is submitted by a natural person, the Seller verifies whether that person has the status of a Consumer or Entrepreneur by verifying the contents of the order (in particular, whether the Client has disclosed his/her company and NIP number when placing the Order):

If verification shows that the Client has the status of a Consumer, the Seller accepts the statement of withdrawal from the agreement under the terms of this paragraph,
if the Sales Agreement has been concluded with a natural person - Entrepreneur, the Seller conducts verification, e.g. by establishing whether the subject of the Order covered by the declaration is within the scope of business activity covered by one or more of the Client's PKD codes (whether the transaction was of professional nature for the Client).

In the case of a natural person conducting economic activity entered in CEIDG, after the Seller verifies compliance of the subject of the Order with the scope of activity revealed in CEIDG:

if the subject of the Sales Agreement is consistent with the scope of activity covered by the Client's PKD codes, the Client shall not be entitled to withdraw from the agreement and the Seller shall disregard the declaration (unless provisions of § 10 of the Regulations state otherwise),
If the subject of the Sales Agreement is not consistent with the scope of activity covered by the Client's PKD codes, the Seller shall accept a declaration of withdrawal from the agreement under the terms of this paragraph.

§ 9

Out-of-court dispute resolution methods

The Client who is a Consumer has the right to use out-of-court dispute resolution methods.
Information concerning the possibility of exercising this right and the relevant procedures is available in the offices and on the websites of municipal (district) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and the website 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, http://www.uokik.gov.pl/wazne_adresy.php.
For Clients who are Consumers, various out-of-court dispute resolution options are provided, including:

apply for settlement of a dispute arising from a concluded Sales Agreement to a permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws No. 4, item 25, as amended), the rules of organisation and operation of permanent amicable consumer courts are laid down in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organisation and operation of permanent amicable consumer courts. (Journal of Laws No. 113, item. 1214, as amended),
apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings for the amicable termination of the dispute between the Client and the Seller,
Use the services of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Consumers Federation),
using the electronic way of solving disputes with the Seller through the EU platform available at the address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

§ 10

Entrepreneurs

This paragraph of the Regulations and the provisions contained therein apply only to Clients who are not Consumers.
In case of any differences in the provisions of the Regulations contained in § 10 (concerning entrepreneurs only) in relation to the remaining provisions of the Regulations, the provisions contained in § 10 shall apply.
The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a Consumer within 14 calendar days from the date of its conclusion. The right to withdraw in this case without giving any reason by sending an appropriate statement.
In the case of Clients who are not Consumers, the Seller may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending an appropriate statement.
The Seller has the right to limit the available payment methods, including the possibility of requiring prepayment in full or in part, regardless of the payment method selected by the Client and the fact of concluding a Sales Agreement.
At the moment of issuing the Goods by the Seller to the selected carrier, benefits and burdens related to the Goods as well as the risk of its incidental loss or damage pass to the Client who is not the Consumer. The Seller shall not be liable for loss, loss or damage to the Goods arising from acceptance for transport until delivery to the Client, and shall not be liable for delay in delivery of the Goods.
In the case of delivery of Goods via a carrier, a Client who is not a Consumer is obliged to examine the consignment at the time and in the manner adopted for such deliveries. If he finds that during transport there was a loss or damage to the Goods, he shall be obliged to perform all activities necessary to determine the liability of the carrier.
The document authorizing to claim for defective Goods in case of Clients who are not Consumers is an invoice.
Having regard to the provision of Article 558 § 1 of the Civil Code, the Seller's liability under warranty for Goods in relation to the Client who is not a Consumer is excluded.
Any disputes arising between the Seller and a Client who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.

§ 11

Final provisions

Agreements shall be concluded in accordance with the Polish law and in the Polish language via the Online Shop.
The Seller shall respect all the Client's rights under Polish law.
Amendments to these Regulations may be made only for important reasons, such as changes in the provisions of law, changes in payment methods, changes in delivery methods - to the extent to which these changes affect the implementation of provisions of the Regulations
In the case of conclusion of continuous agreements on the basis of the Regulations (e.g. Account services), the amended regulations shall be binding on the Seller, if the requirements set forth in Article 384 and 3841 of the Civil Code have been met, i.e. the Client has been correctly notified about the changes and has not terminated the agreement within 14 calendar days from the date of notification.
In the case of conclusion of agreements on the basis of the Regulations, other than of continuous character (e.g. Sales Agreement), amendments to the Regulations shall not in any way affect the acquired rights of Clients who are Consumers before the date of entry into force of amendments to the Regulations (including: amendments to the Regulations shall not affect submitted or placed Orders and concluded, executed or performed Sales Agreements).
In a situation where an amendment to the Regulations would result in the introduction of new fees or an increase in current fees, a Client who is a Consumer may exercise his right to withdraw from the agreement.
The Seller is obliged to inform the Clients about any change to the Regulations on the website of the Online Shop at least 14 days before the updated version of the Regulations comes into force.
The Client has the right not to accept the new wording of the Regulations.
In matters not covered by these Regulations shall apply universally applicable provisions of Polish law, in particular: Civil Code, Act on rendering electronic services of 18 July 2002. (Journal of Laws No. 144, item 1204, as amended), the Consumer Rights Act.
The appendices to the Regulations constitute an integral part thereof.
The Regulations shall come into force on 19.08.2021.