I. GENERAL PROVISIONS
- The online store available at estella.eu is run by Estella Sp. z o. o. with its registered office in Polkowice, at ul. Polna 6, entered by the District Court for Wrocław Fabryczna in Wrocław, IX Commercial Division of the National Court Register - to the Register of Entrepreneurs under the number KRS 0000042579, NIP: 692-10-04-220, REGON: 390331743, e-mail address: biuro@estella. eu, contact phone number +48 76 845 37 80.
- These Regulations are addressed to both consumers and entrepreneurs using the Online Store, with the proviso that the provisions of point 9 of the Regulations apply only to entrepreneurs.
- The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
- Whenever the following phrases are used in the following part of these Regulations, they should be understood in the meaning given below, unless the context requires otherwise:
4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
4.2. ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
4.3. CUSTOMER/ SERVICE RECIPIENT (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller / using or intending to use the Electronic Service.
4.4. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
4.5. ACCOUNT - Electronic Service, marked with an individual name constituting the email address provided by the Customer (Login) and the Password provided by the Customer, a set of resources in the Seller's ICT system, allowing the Customer to use additional functionalities/services. The Customer gains access to the Account using the Login and Password. The Customer logs in to his Account after registering in the Online Store. The account allows you to save and store information about the Customer's address data for shipping Products, tracking the status of the Order, access to the history of Orders and other services provided by the Seller.
4.6. CART - a service made available to each Customer who uses the Online Store, consisting in enabling him to easily place an Order for one or more Products, enter discount codes to reduce the price on separately defined terms.
4.7. NEWSLETTER - Electronic Service that enables all customers using it to receive periodic information from the Seller, in particular about Products, the Online Store, including news and promotions, to the e-mail address or telephone number provided by the Customer, with the express consent of the Customer.
4.8. PRODUCT - a movable item available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller.
4.9. REGULATIONS - these regulations of the Online Store.
4.10. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) data) of April 27, 2016 (Official Journal of the EU. L No. 119, p. 1)
4.11. ONLINE SHOP - a platform for the sale of Products available at the Internet address: estella.eu
4.12. SELLER/SERVICE PROVIDER – Estella Sp. z o. o. with its registered office in Polkowice, at ul. Polna 6, entered by the District Court for Wrocław Fabryczna in Wrocław, IX Commercial Division of the National Court Register - to the Register of Entrepreneurs under the number KRS 0000042579, NIP: 692-10-04-220, REGON: 390331743, e-mail address: biuro@estella. eu, contact phone number +48 76 845 37 80.
4.13. SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
4.14. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
4.15. ACT ON CONSUMER RIGHTS, - Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
4.16. ORDER - Customer's declaration of will expressing the direct will to conclude a Product Sales Agreement at a distance using means of distance communication, specifying the Product and the Customer's data necessary for the conclusion and performance of the Sales Agreement.
II. ELECTRONIC SERVICES IN THE ONLINE STORE
- An Electronic Service is available in the Online Store: Order Form.
- Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps - (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form "I am ordering with the obligation to pay" - up to this point, it is possible to modify the data entered ( for this purpose, follow the displayed messages and information available on the Online Store website). 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, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), type, color and size of the Product, if available, place and method of delivery of the Product(s), payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
- The Order Form Electronic Service is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
- The Service Recipient is obliged to use the Online Store 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 Service Recipient is obliged to enter data consistent with the facts. The service recipient is prohibited from providing illegal content.
- Complaint procedure:
6.1. 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) may be submitted by the Customer, for example, in electronic form via e-mail to the following address: email@example.com or in writing to the following address: Estella Sp. z o. o. with its registered office in Polkowice, at ul. Polna 6,
6.2. 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 Customer's requests; and (3) contact details of the complainant - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.3. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
III. TERMS OF CONCLUDING THE SALES AGREEMENT
- The main features of the service, including the subject of the service and the method of communication with the Customer, are specified on the Product page or in another way appropriate for a given Product, as part of the Online Store.
- The Seller enables placing Orders for Products in the following way:
a. in the Online Store;
b. by telephone;
c. by e-mail;
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order.
- The Seller enables the Customer to place an Order via the Online Store in the following way, in order:
a. The Customer adds the selected Product(s) to the Basket and then proceeds to the order form. The Seller may provide additional services as part of the Online Store for the Product added to the Cart, e.g. personalization, adding other related Products not available for independent sale in the Online Store.
b. The Customer with an Account confirms in the order form the validity of the data necessary to conclude and implement the Sales Agreement. A User who does not have an Account must independently complete the order form in terms of his data necessary to conclude and implement the Sales Agreement. In any case, providing outdated or untrue Customer data may prevent the performance of the Agreement. In the order form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s) , quantity of the Product(s), type, color and size of the Product, if available, place and method of delivery of the Product(s), payment method. In the case of Customers who are not Consumers, it is also necessary to provide the company, and if they requested a VAT invoice within the VAT invoice form, also the NIP number. As part of the development of the Products or services available in the Online Store, the Seller may introduce an obligation to provide in the content of the Order form or in another appropriate place, other information regarding the Product or the Customer, relevant, and in the case of personal data also necessary, in particular due to the specificity of the Product or services, e.g. to personalize the Product.
c. The customer chooses one of the delivery methods provided by the Seller.
d. The Customer chooses the method of payment of the Price and any other total costs of the Sales Agreement indicated in the order form.
e. The Customer sends the Order to the Seller (submits an offer) using the functionality of the Online Store made available for this purpose (button: "I confirm the order and pay"). In the case of a Customer who does not have an Account and has not previously accepted the Regulations, acceptance of the Regulations is required - consent to terms of service.
f. While placing the Order, until the "I confirm the order and pay" button is pressed. The customer has the option of self-correcting the data entered in the "Cart" panel by adding or removing a given item from the Basket. Removing a given item may also automatically remove another item from the Basket due to the direct relationship between the Products.
g. depending on the chosen method of payment, the Customer may be redirected to the websites of an external payment service provider in order to make a payment;
- If the Seller, on its own initiative, proposes to the Consumer to conclude a Sales Agreement using other means of distance communication, including by telephone:
a. The Seller sends an e-mail to the Consumer confirming the content of the proposed Sales Agreement,
b. The Consumer sends the Order to the Seller by e-mail to the e-mail address from which he received the confirmation referred to in par. 4 lit. and above,
c. in the case of a Consumer who does not have an Account and has not previously accepted the Regulations, the Consumer's acceptance of the Regulations is required.
- In other than those specified in par. 4 above, in the case of concluding a Sales Agreement using other means of distance communication, including by phone, at the initiative of the Consumer, the paragraphs below shall apply accordingly, taking into account the circumstances and the means of communication used.
- In response to the Order, the Seller immediately sends an automatic message to the Customer to the e-mail address provided for this purpose by the Customer confirming receipt of the Order and starting its verification.
- After verifying the Order, without undue delay, the Seller sends a message to the Customer to the e-mail address provided with:
a. confirmation of acceptance of one or several individual offers for Products, submitted as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order for the Products indicated in the message); or
b. information about the inability to accept all offers for Products submitted under the Order due to non-payment; or
c. the information referred to in point XI sec. 6 below in relation to the Customer to whom the provisions of point XI sec. 5 below (failure to collect the parcel).
- The Sales Agreement is concluded upon confirmation of the offer(s), i.e. the receipt by the Customer of the message referred to in par. 9 lit. and above in the scope of the Products indicated therein. In the case of non-prefabricated Products, the Sales Agreement is concluded upon confirmation of the offer(s), i.e. the receipt by the Customer of the message referred to in paragraph 9 lit. and above in the scope of the Products indicated therein, unless the Seller immediately informs the Customer about the inability to perform the service in the scope of the ordered non-prefabricated Product. Then the Sales Agreement regarding the offer for a non-prefabricated Product is considered not concluded. The Seller sends the Customer confirmation of the terms of the Agreement to the e-mail address provided by the Customer.
- If it is not possible to accept all or some of the offers submitted under the Order, the Seller will contact the Customer in order to:
a. informing the Customer about the inability to accept all offers to conclude a Sales Agreement submitted under the Order; or
b. confirmation by the Customer of the will to execute the Order in the part in which the Seller agreed to accept offers to conclude a Sales Agreement. Then the Customer may cancel the Order in its entirety (in the scope of all offers), which does not violate his right to withdraw from the contract. Cancellation of the Order by the Customer releases the Seller from the obligation to execute it. In the event of cancellation of the Order, the relevant provisions of paragraph 12 below.
- If it is not possible to accept the offer(s) submitted as part of the Order, the Sales Agreement in the scope of the Products indicated by BOK is not concluded, and the Seller immediately, not later than within 14 days, returns the payments made by the Customer to the extent to which the Sales Agreement is not was concluded. The provisions of point VIII sec. 6 of the Regulations shall apply accordingly.
- Regardless, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address provided by the Customer, SMS or by contacting by phone.
- The Seller strives to ensure the availability of all Products and the implementation of the Sales Agreement. In the event of the impossibility of performance and in other situations specified by law, the relevant provisions of the Civil Code, including Art. 493-495 of the Civil Code, in particular regarding the obligation to immediately return the benefit to the Consumer.
- The total value of the Order includes the Price, shipping costs and other costs of optional paid services selected by the Customer. The Seller may, in the period selected by him, specify the threshold of the minimum value of the Order for which the shipment of the Products is free of charge. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and when the amount of these charges cannot be determined - about the obligation to pay them, the Customer is informed while placing the Order, including when the Customer expresses the will to be bound by the Sales Agreement.
- Promotions in force in the Online Store cannot be combined, unless the provisions of the Promotion clearly state otherwise.
IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- The Seller provides the Customer with the following payment methods under the Sales Agreement:
1.1. Cash on delivery upon delivery;
1.2. Payment by bank transfer to the Seller's bank account kept at Bank PKO BP SA, account number: 78 1020 3017 0000 2402 0211 7554
1.3. Electronic payments and card payments via authorized services - possible current payment methods are specified on the Online Store website;
1.4 payment in cash upon personal collection.
- Date of payment:
2.1. If the Customer chooses payment by bank transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement.
2.2. If the Customer chooses payment on delivery on delivery or cash on delivery, the Customer is obliged to make the payment on delivery.
V. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
- Product delivery is available on the territory of the Republic of Poland.
- Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer when placing the Order, at the latest when the Customer expresses his will to be bound by the Sales Agreement:
- The Seller provides the Customer with the following methods of delivery or receipt of the Product:
a) In person at the Seller's registered office in Polkowice at ul. Polna 6.
b) Courier shipment, COD courier shipment.
- The deadline for preparing the Product to be selected by the Customer is up to 7 Business Days, unless a shorter period is given in the description of a given Product or when placing the Order and is calculated as follows:
a. 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;
b. if the Customer chooses the method of payment on delivery - from the date of conclusion of the Sales Agreement.
- The above time should be added to the time of delivery of the Product by a given carrier, which depends on the form of delivery chosen by the Customer.
VI. PRODUCT COMPLAINT
- The basis and scope of the Seller's liability towards the Customer, if the Product sold has a physical or legal defect (warranty for defects), are defined by generally applicable law, in particular the Civil Code.
- The Seller is obliged to deliver the Product to the Customer without defects. Detailed information on the Seller's liability for Product defects and the Customer's rights are specified on the Online Store website in the "returns and complaints" tab.
- A complaint may be submitted by the Customer, e.g. in writing to the Seller's address.
- If the sold Product has a defect, the Customer may:
a. submit a statement of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a defect-free one or removes such a defect. The reduced price should be in such proportion to the price resulting from the contract, in which the value of the Product with a defect remains to the value of the Product without a defect. The Customer may not withdraw from the contract if the defect of the Product is insignificant;
b. demand replacement of the Product with a defect-free one or removal of the defect. The Seller is obliged to replace the defective Product with a defect-free Product or remove the defect within a reasonable time without undue inconvenience to the Customer;
with reservations and on the terms set out in the relevant provisions of the Civil Code.
- The Customer may, instead of the defect removal proposed by the Seller, demand replacement of the Product with a defect-free one, or instead of replacing the Product, demand removal of the defect, unless bringing the Product into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would be exposed by a different method of satisfaction.
- 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 defect; (2) demand a way to bring the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
- The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
- If it is necessary for the Seller to respond to the Customer's complaint or to exercise the Customer's rights under the warranty, it will be 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 Seller's address.
VII. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: -http://www.uokik.gov.pl/spory_konsumenckie.
- The customer who is a consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
a. The customer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement.
b. The customer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of the mediation procedure conducted by the voivodship inspector of the Trade Inspection is available at the offices and on the websites of individual Voivodship Inspectorates of the Trade Inspection.
c. The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers ). Advice is provided by the Consumer Federation at the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at the email address: firstname.lastname@example.org.
d. The customer may submit a complaint via the ODR platform: http://ec.europa.eu/consumers/odr/. The ODR platform is, among others, source of information on the forms of out-of-court dispute resolution that may arise between entrepreneurs and consumers.
VIII. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- Subject to point 5 and 10 below, the Consumer may withdraw from the contract without giving any reason and without incurring costs, except for the costs specified in point 9 below, within:
a) up to 14 calendar days from the date specified in par. 4 (statutory right of withdrawal);
b) between 15 and 30 days from the date specified in par. 4 (non-statutory right of withdrawal).
To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example: in electronic form via e-mail to the address: email@example.com or in writing to the Seller's address.
- An exemplary model withdrawal form is included in Annex 1 to the Consumer Rights Act and is additionally available on the Online Store website in the "returns and complaints" tab. The consumer may use the form template, but it is not mandatory.
- The deadline to withdraw from the contract begins:
3.1 for a contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period - from taking possession of the first of the Products;
3.2. for other contracts - from the date of conclusion of the contract.
- In the event of withdrawal from a distance contract, the contract is considered void.
- The condition for exercising the non-statutory right to withdraw from the contract referred to in paragraph 1 lit. b) above is that the Product should be unused, clean, without signs of tailoring alterations and other features that reduce its value. The exercise of the non-statutory right of withdrawal from the contract does not exclude the statutory right of withdrawal and can only be exercised after the expiry of the statutory right of withdrawal.
- The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return, depending on which event occurs first.
- The Consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect it, unless the Seller proposed that he would collect the Product himself. To meet the deadline, it is enough to send back the Product before its expiry. The Consumer may return the Product to the Seller's address.
- The consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
9.1. If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
9.2. If all the goods from the order are sent back, the cost of delivery of the goods to the Customer is also refunded. In the case of a partial return, the value of the returned products is returned.
9.3. The consumer bears the direct cost of returning the Product.
9.4. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawing from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
- The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
(1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service 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 deadline to withdraw from the contract;
(3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
(4) in which the subject of the service is a Product that is subject to rapid deterioration or has a short shelf life;
(5) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
(6) in which the subject of the service are Products which, due to their nature, are inseparably connected with other items after delivery;
(7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control;
(8) in which the consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products;
(9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
(10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
(11) concluded by public auction;
(12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
(13) for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
IX. PROVISIONS RELATING TO ENTREPRENEURS
- This section of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.
- In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
- As soon as the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product arising from its acceptance for transport until its delivery to the Customer and for delays in the transport of the shipment.
- If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.
- According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
- The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The Service Provider/Seller is liable to the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits to the Service Recipient/Customer who is not a consumer.
- Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court competent for the seat of the Seller / Service Provider.
X. PROTECTION OF PERSONAL DATA
- The Customer's personal data registered in the Online Store are processed by the Seller as the administrator of personal data on the basis of the provisions of the GDPR.
- The Customer's personal data is processed for the purpose of executing the Order and performing the Sales Agreement concluded with it, preparing and delivering the Order, issuing accounting documents (receipts, invoices), as well as in order to exercise the right to withdraw from the contract and exercise the right to submit a complaint on the terms set out in in the Regulations.
- Personal data of Customers who have set up an Account in the Online Store are processed only to the extent necessary to register and service the Customer's account in the Online Store.
- Providing personal data by the Customer in the Online Store is voluntary, but necessary to make transactions within it. Failure to provide personal data makes it impossible to create an account in the Online Store and make transactions within the Online Store.
- The processing of personal data for commercial and marketing purposes is carried out only in the case of voluntary consent, regardless of transactions within the Online Store. Withdrawal of consent to the processing of personal data will each time result in the deletion of the Customer Account in the Online Store.
- The customer has the right to request from the Seller access to personal data concerning him, the right to rectify, delete or limit processing, to raise objections, to withdraw consent to the processing of personal data at any time. The exercise of the right to withdraw consent does not affect the lawfulness of the processing of personal data that took place before the consent was withdrawn
- Personal data will be stored for the period necessary to complete transactions in the Store and consider complaints and are processed for the period of having an account in the Store by the Customer, no longer than 3 years from the date of the transaction. In the case of processing personal data for legally justified purposes of the Seller, the data is stored for the duration of their implementation and on the basis of the Customer's consent - data is stored only until the consent is withdrawn. The Customer with access to the Account may, through the Account settings, obtain information about his personal data collected in the Online Store in CSV/PDF format.
- Personal data processed by the Administrator will not be made available to other entities without the prior consent of the Customer, unless such an obligation results directly from generally applicable laws.
- The customer has the right to lodge a complaint with the President of the Office for Personal Data Protection when he considers that the processing of personal data concerning him violates the law.
XI. FINAL PROVISIONS
- Agreements concluded through the Online Store are concluded in Polish.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded with Customers who are consumers - the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
Appendix No. 1 - Sample withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)