Regulations
REGULATIONS
CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE WEBSHOP
- CONDITIONS FOR ENTERING INTO A SALES CONTRACT
- PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
- COST, MEANS AND TIME OF DELIVERY
- PRODUCT COMPLAINT
- OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL
- PROVISIONS CONCERNING TRADERS
- FINAL PROVISIONS
The online shop truckscomponent.com operated by TRUCKS CONCEPT SP. Z O.O.,
tel. +48 575072065,
sklep@trucksconcept.com,
NIP 5130285156,
REGON 5130285156 CARDINAL ALBINO DUNAJEWSKI 60/4, 32-064 RUDAWA.,
takes care of consumer rights. The consumer may not waivę the rights granted to him under the Consumer Rights Act of 30 May 2014. Contractual provisions less favourable to the consumer thaṅ the provisions of the Consumer Rights Act shall be invalid and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any rights of consumers to which they are entitled under mandatory provisions of law, and any possible doubts should be interpreted in favour of the consumer. In the event of a possible inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, these provisions shall prevail and shall be applied. The use of the Electronic Services is associated with typical risks concerning the transmission of data via the Internet, such as their dissemination, loss or gaining access to them by unauthorised persons. The Online Shop shall provide technical and organisational measures appropriate to the degree of security risk of the Electronic Services provided.
- GENERAL PROVISIONS
- 1.1. The online shop available at www.trucksconcept.com is operated by TRUCKS CONCEPT SP. Z O.O.,
tel. +48 575072065,
sklep@trucksconcept.com,
NIP 5130285156,
REGON 5130285156 CARDINAL ALBINO DUNAJEWSKI 60/4, 32-064 RUDAWA - 1.2 The service operates as a limited liability company.
- 1.3 These Terms and Conditions are addressed both to consumers within the meaning of the Civil Code and to entrepreneurs using the Online Shop (with the exception of point. 9 of the Rules and Regulations, which is addressed exclusively to entrepreneurs).
- 1.4 The controller of the personal data processed in connection with the implementation of the provisions of this TRUCKS CONCEPT SP. Z O.O.,
tel. +48 575072065,
sklep@trucksconcept.com,
NIP 5130285156,
REGON 5130285156 CARDINAL ALBINO DUNAJEWSKI 60/4, 32-064 RUDAWA. Personal data shall be processed for the purposes, to the extent and based on the principles indicated in the Privacy Policy published on the pages of the Online Shop. - 1.5 Definitions:
- WORKING DAY - one day from Monday to Friday excluding public holidays.
- REGISTRATION FORM - a form available in the Online Shop which enables the creation of an Account.
- ORDER FORM - an Electronic Service, an interactive form available in the Online Shop which allows the Orderer to place an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- CUSTOMER - (1) 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; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with the Seller
- CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
- 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 the data provided by the Customer and information about Orders placed by him/her in the Online Shop are stored.
- NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Shop.
- PRODUCT - a movable item available in the Online Shop which is the subject of a Sales Contract between the Customer and the Seller.
- REGULATIONS - these regulations of the Online Shop.
- INTERNET SHOP - Provider's online shop available at the following internet address: www.trucksconcept.com.
- SELLER or SERVICE PROVIDER - TRUCKS CONCEPT SP. Z O.O.,
tel. +48 575072065,
sklep@trucksconcept.com,
NIP 5130285156,
REGON 5130285156 CARDINAL ALBINO DUNAJEWSKI 60/4, 32-064 RUDAWA., e-mail address: sklep@trucksconcept.com - CONTRACT OF SALE - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Shop.
- ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Shop.
- USER - (1) a natural person having full legal capacity, and in cases provided for by generally applicable law, also a natural person having limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law; - using or intending to use an Electronic Service.
- CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2020, item 287).
- ORDER - Customer's declaration of will submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.
- ELECTRONIC SERVICES IN THE WEBSHOP
2.1 The following Electronic Services are available on the Online Shop: Account and Order Form.
2.2 Account - the use of an Account is possible after the Customer completes two consecutive steps in total - (1) completes the Registration Form and (2) clicks on the action button. In the Registration Form, it is necessary for the Customer to provide the following details: first and last name/company name, e-mail address, contact telephone number and password. For non-consumers, it is also necessary to provide the company name and VAT number.
2.3 The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to delete the Account (to resign from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to sklep@trucksconcept.com or in writing to the address: „Trucks Concept Online Shop”.
2.4 Order Form - the use of the Order Form starts from the moment the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the „Confirm Purchase” box on the Online Shop website after completing the Order Form. - up to this point, it is possible to modify the data entered on your own (for this purpose, please follow the messages displayed and the information available on the website of the Online Shop). In the Order Form it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.
2.5 The Order Form Electronic Service is provided free of charge and on a one-time basis and terminates at the time of placing an Order through it or at the time the Customer discontinues placing an Order through it in advance. In order to detect and correct any errors in the Customer's data entered after the Order Form is filled in and before the Order is placed, a summary of the data entered by the Customer is displayed to allow the Customer to go back to the Order Form and correct or complete the Customer's data.
2.6 Technical requirements necessary for the cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet 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; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your browser.
2.7 The Customer is obliged to use the Online Shop in a manner consistent with the law and good practice with due regard to respect for personal rights, copyrights and intellectual property of the Service Provider and the rights of third parties. The Client is obliged to enter data in accordance with the actual state of affairs. The Client is prohibited to provide unlawful content. The use of the Online Shop in an inappropriate manner through deliberate attempts to run or introduce harmful material, viruses, Trojan horses, computer worms, logic bombs and software designed to damage or destroy the portal is prohibited. Any attempt to gain unauthorised access to the Online Shop as well as to the servers, databases, and computers that are part of this Online Shop is prohibited. The customer undertakes not to carry out any deliberate actions aimed at temporarily or permanently stopping the operation of the portal, in particular attempts or attacks of the denial of service (DOS) or distributed denial of service (DDOS) type.
2.8 Complaint procedure:
2.9 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in points. 6 and 7 of the Terms and Conditions), the Customer may submit, for example: in writing to the address: TRUCKS CONCEPT SP. Z O.O.,
tel. +48 575072065,
sklep@trucksconcept.com,
NIP 5130285156,
REGON 5130285156 CARDINAL ALBINO DUNAJEWSKI 60/4, 32-064 RUDAWA, with the annotation „Trucks Concept online shop” or electronically by e-mail to: sklep@trucksconcept.com.
2.10. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements given 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.
2.11. The Service Provider shall respond to the complaint without delay, but no later than within 14 calendar days of its submission.
2.12 The provision of services by electronic means by the Service Provider is of unlimited duration. The Customer may terminate the contract with the Service Provider for the provision of services through the Online Shop at any time by giving notice in writing to the address: TRUCKS CONCEPT SP. Z O.O.,
tel. +48 575072065,
sklep@trucksconcept.com,
NIP 5130285156,
REGON 5130285156 CARDINAL ALBINO DUNAJEWSKI 60/4, 32-064 RUDAWA, with the annotation „Trucks Concept online shop” or electronically by e-mail to: sklep@trucksconcept.com.
2.13 The Terms and Conditions shall be made available by the Service Provider free of charge prior to the conclusion of the agreement for the provision of services by electronic means and at the request of the Client in such a way that the content of the Terms and Conditions can be obtained, reproduced and recorded by means of the ICT system used by the Client.
- CONDITIONS FOR ENTERING INTO A SALES CONTRACT
3.1 The price of the Product displayed on the website of the Online Shop is given in Polish Zloty and includes taxes, including VAT. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the website of the On-line Store during the process of placing the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
3.2 Prices of the Products are subject to change at any time. However, except for the addition of shipping costs, price changes shall not apply to Sales Contracts already concluded.
3.3 The procedure for concluding the Sales Contract in the Online Shop by means of the Order Form:
3.4 The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Shop in accordance with point 3.5 - 3.7 of the Terms and Conditions. 2.4 of the Terms and Conditions, on the principles described in points 3.5 - 3.7 of the Terms and Conditions.
3.5 Once the Order has been placed by the Customer, the Seller shall immediately confirm its receipt by sending an email „Order Confirmation”. The aforementioned „Order Confirmation” email does not imply acceptance of the Order by the Seller. The indicated message only means that the Seller has received the Customer's Order. As soon as the Seller processes the order and prepares it for dispatch, the Seller will send the Customer the „Sent” e-mail message, which will constitute confirmation that the Seller has accepted the Customer's Order.
3.6 The Seller's acceptance of the Customer's order is his decision. The Seller, wishing to ensure that the product selected by the Customer is available, will not accept the Customer's order until it has prepared it for dispatch. In the event that, at the time of preparing the order for dispatch, it is found in the warehouse that the product selected by the Customer is no longer available, the Seller will inform the Customer to remove this item from the Order. In such a case, the Seller will contact the Customer to determine whether the Customer agrees to complete the Order to the remaining extent or wishes to cancel the Order in its entirety. If the Customer does not decide to fulfil the Order to the remaining extent or to cancel it within 14 days of being informed of the lack of goods in stock, the Seller may cancel the Customer's Order in its entirety. The Seller shall immediately refund part of the payment corresponding to the cancelled part of the Order or the entire payment in the event of cancellation of the entire Order (in the case where the Customer has made payment by means other than cash on delivery).
3.7 The moment the Seller sends and the Customer receives the „Sent” email, a Sales Contract is concluded between the Seller and the Customer. Together with the Confirmation of Dispatch, the Customer will receive the content of these Terms and Conditions in force on the date of the conclusion of the Sales Agreement, which constitutes a model Agreement. The Customer may store the Terms and Conditions in the memory of his/her computer or other personal devices and reproduce them as required.
3.8 The 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 Shop and (2) sending the Customer an e-mail message, containing confirmation of concluding the Sales Agreement, in accordance with the content of these Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.
- PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Contract:
Payment via PayU fast transfer
4.2 Payment term:
If the Customer chooses electronic payment, payment card or traditional transfer, the Customer is obliged to make the payment within 3 calendar days from the conclusion of the Sales Agreement
- COST, MEANS AND TIME OF DELIVERY
5.1 The 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 states otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the pages of the Online Shop under the „Delivery and payment” tab and during the placing of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3 The Seller shall make available to the Customer the following methods of delivery or collection of the Product:
5.4 Courier delivery
5.5 The deadline for delivery of the Product to the Customer shall be up to 3 Business Days, unless a longer deadline is indicated in the description of the Product or during the Ordering process. In the case of Products with different delivery periods, the delivery period shall be the longest period stated, which shall not, however, exceed 14 Business Days. The start of the period for delivery of the Product to the Customer is calculated from the date of crediting the Seller's bank account or settlement account.
- PRODUCT COMPLAINT
6.1 The basis and scope of the Seller's liability towards 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 is obliged to deliver a Product without defects to the Customer. Detailed information concerning the Seller's liability for Product defects and the Customer's rights are specified on the website of the Online Shop under „Complaints and Returns”.
6.3 A complaint can be submitted by the Customer, for example: in writing to the following address: TRUCKS CONCEPT SP. Z O.O.,
tel. +48 575072065
sklep@trucksconcept.com,
NIP 5130285156,
REGON 5130285156 CARDINAL ALBINO DUNAJEWSKI 60/4, 32-064 RUDAWA, with the annotation „Truck Concept Online Shop” or electronically by e-mail to sklep@trucksconcept.com.
6.4 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration 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 have the form of a recommendation only and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
6.5 The Seller shall respond to the Customer's complaint immediately, no later than within 14 days from the date of its submission. Lack of the Seller's response within the aforementioned period shall mean that the Seller acknowledged the complaint as justified.
6.6 If, in order for the Seller to respond to the Customer's complaint or 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 following address TRUCKS CONCEPT SP. Z O.O.,
tel. +48 575072065,
sklep@trucksconcept.com,
NIP 5130285156,
REGON 5130285156 CARDINAL ALBINO DUNAJEWSKI 60/4, 32-064 RUDAWA, marked „Trucks Concept Online Shop”. In such a case, the Seller will send a return label to the Customer, which will entitle the Customer to send the parcel to the Seller at the Seller's expense without any charge to the Customer. The Seller will not accept or collect parcels sent to it by the Customer under the cash on delivery option. If, however, due to the nature of the defect, the type of the Product or the way in which it is installed, it would be impossible or excessively difficult for the Customer to deliver the Product, the Customer will be asked to make the Product available to the Seller at the place where the Product is located, after prior arrangement.
6.7 The request for delivery of the Product referred to in clause. 6.6 of the Terms and Conditions shall not affect the time limit for the Seller to respond to the Customer's complaint referred to in clause. 6.5 of the Terms and Conditions and does not affect the Customer's right to request 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[1] of the Civil Code.
6.8 Upon delivery, the Customer shall be responsible for the product risk. The customer will take full possession of the products upon delivery.
- OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
7.1 The Seller informs that the User who is a Consumer has the possibility to use the out-of-court complaint and redress procedures. The rules of access to these procedures are available in the offices or on the websites of entities entitled to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Voivodship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at https:// www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2 The Consumer may apply for out-of-court settlement of consumer disputes relating to the concluded Sales Contract to the Trade Inspection pursuant to Article 36(1) of the Act of 19 July 2019 on Trade Inspection (Journal of Laws of 2019, item 1668).
7.3 The Consumer may request that a dispute concerning a concluded Sales Agreement be examined by a permanent arbitration court operating at the relevant provincial inspectorate of the Trade Inspection, pursuant to Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2019, item 1668).
7.4 If the Contract of Sale has been concluded between the User who is a consumer and the Seller via the Website, in accordance with EU Regulation No. 524/2013, we hereby inform you that the User who is a consumer has the right to seek the resolution of any consumer dispute with us out of court through the online dispute resolution platform available at http://ec.europa.eu/ consumers/odr/.
7.5 The Seller informs that it does not use the out-of-court dispute resolution referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
- RIGHT OF WITHDRAWAL
8.1 The provisions of this clause shall apply exclusively to customers who are consumers or entrepreneurs who are natural persons conducting business activity, concluding a contract with the Seller directly related to their business activity, when it follows from the content of the contract that it does not have a professional character for this entrepreneur, resulting in particular from the subject of his/her business activity made available on the basis of the provisions of the Central Register and Information on Business Activity. For the purposes of this section, the term „Customer” used herein refers exclusively to the entities indicated in the preceding sentence.
8.2 A customer who has concluded a distance contract may withdraw from it without stating reasons by submitting an appropriate declaration:
- in the case of a consumer, within 30 days;
- in the case of an entrepreneur who is a natural person conducting business activity, concluding a contract with the Seller directly related to his/her business activity, when the content of the contract shows that it is not of professional character for that entrepreneur, in particular resulting from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity - within 30 days,
the day on which the Customer or a third party (other than the carrier) designated by the Customer actually takes possession of the purchased product or, in the case of several products included in one order but delivered separately, 30 days from the day on which the Customer or a third party (other than the carrier) designated by the Customer actually takes possession of the last product. A declaration before the expiry of this period is sufficient to meet this deadline.
The costs of returning the Product shall be borne by the Customer in full, with the proviso that if the Customer chooses the return option generated via the website www.truckscocncept.com referred to in point. 8.3. lit. b points 5 and 7 of the said Terms and Conditions, then he/she shall bear the costs up to a certain amount, visible at the selection of the return option. If the Product is a service, the performance of which - at the express request of the Customer - began before the expiry of the deadline for withdrawal from the contract, the Customer 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, taking into account the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance rendered.
8.3 A declaration of withdrawal may be made, for example:
- a) in writing to the address: Trucks Concept Sp. z o.o. ul. Ks. Kard. Albina Dunajewskiego 60/4 32-064 Rudawa, with the annotation „Online shop Trucks Concept”, or electronically via e-mail to: sklep@truckscocncept.com. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act (http://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20140000827/U/D20140827Lj.pdf) and is additionally available on the website of the Online Shop under „Complaints and Returns”. The customer may use the sample form, but this is not obligatory.
- b) via the website www.sportbearings.com. To use this form of return the Customer should:
(1) Log in to your Account.
(2) Select the option „Return of Products”. When this option is selected, a list of orders will appear in relation to which, the Customer has the right to withdraw from the contract, on the basis of the said section of the Terms and Conditions.
(3) Select the Order for which you wish to exercise your right of withdrawal. Once the order has been selected, the „Make a return” button will appear.
(4) Click on the „Make a return” button and select the products for which the Customer wishes to exercise his/her right of withdrawal. The Customer may state a reason for withdrawal, but it is not obligatory.
(5) Once the products have been selected, the Customer will have to choose the method of shipping the Goods. The Customer has the option to return the Goods via any carrier („Own Shipping”). Regardless of the choice of the type of return, the Customer will have to fill in the necessary data for the return of the payment.
(6) In the case of choosing the option „Own shipping”, after filling in the data necessary for the return, the Customer will be able to generate a return form. Clicking on the „Generate Return Form” button is equivalent to exercising the right of withdrawal. In this situation, the Customer shall bear the entire cost of return.
8.4 In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
8.5 The Seller shall be obliged to return to the Customer immediately, not later than within 14 days from the date of receipt of the Customer's declaration of withdrawal, all payments made by the Customer, 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 ordinary method of delivery available in the Online Shop). The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed̨ to a different method of refund that does not incur any costs for the Customer. The Seller may withhold reimbursement of payments received from the Customer until it has received the Product back or the Customer has provided proof of return, whichever event occurs first.
8.6 The Customer is obliged to return the Product to the Seller immediately, no later than within 14 days from the date of withdrawal from the agreement. To meet the deadline it is sufficient to send back the Product or, when choosing the return option generated via www.sportbearings.com, to send it in accordance with the procedure referred to in item. 8.3. letter b point 7 of the Terms and Conditions before the deadline. The Customer may return the Product to the address: TRUCKS CONCEPT SP. Z O.O.,
tel. +48 575072065,
sklep@trucksconcept.com,
NIP 5130285156,
REGON 5130285156 CARDINAL ALBINO DUNAJEWSKI 60/4, 32-064 RUDAWA, marked „Trucks Concept Online Shop”.
8.7 The Customer 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 The Customer's right of withdrawal from a contract concluded at a distance shall not apply to contracts:
(1) for the provision of services, if the Seller has performed the service in full̨ with the express consent of the Customer, who has been informed prior to the provision of the service that after the Seller's performance, he will lose the right of withdrawal;
(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 end of the withdrawal period;
(3) in which the object of the performance is a non-refabricated Product, produced to the Customer's specifications or serving to meet the Customer's personalised needs;
(4) in which the object of the performance is a perishable product or a product with a short shelf life;
(5) in which the object of the performance is a Product delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
(6) in which the subject matter of the performance is Products which are, by their nature, inseparable from other things after delivery;
(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 fluctuations in the market over which the Seller has no control;
(8) in which the Customer 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 Customer or supplies Products other than spare parts necessary for the performance of repair or maintenance, the Customer shall have the right of withdrawal with respect to the additional services or Products;
(9) in which the subject matter of the 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, with the exception of a subscription contract;
(11) concluded by public auction;
(12) for the provision of accommodation, other than for residential purposes, carriage of goods, car rental, catering, leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service;
(13) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the Client's express consent before the expiry of the withdrawal period and after the Seller has informed the Client of the loss of the right of withdrawal.
8.9 The right to withdraw from a distance contract within 30 days granted to the Customer by the Shop under these Terms and Conditions is without prejudice to the Customer's rights to withdraw from a distance contract under the Consumer Rights Act of 30 May 2014.
- PROVISIONS CONCERNING TRADERS WHO ARE NOT NATURAL PERSONS
9.1 This section of the Terms and Conditions and the provisions contained herein shall only apply to Clients and Service Recipients who are not Clients as referred to in clause. 8.1. of these Terms and Conditions. For the purposes of this section, the term „Customer” as used herein shall refer exclusively to the entities referred to in the preceding sentence.
9.2 The Seller shall have the right to withdraw from the Sales Agreement concluded with the Customer indicated in item. 9.1. within 14 calendar days from the date of its conclusion. The 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 indicated in item 9.1. 9.1. any claims against the Seller.
9.3 The Seller shall have 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 as indicated in point 9.1. 9.1. method of payment and the conclusion of the Sales Agreement.
9.4 The moment the Seller delivers the Product to the carrier, the benefits and burdens associated with the Product as well as the risk of accidental loss of or damage to the Product are transferred to the Customer indicated in Item 9.1. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product occurring from acceptance of the Product for transport until delivery to the Customer indicated in clause 9.1. and for any delay in transporting the consignment.
9.5 If the Product is sent to the Customer indicated in clause 9.1. via a carrier, the Customer indicated in clause 9.1. is obliged to examine the consignment at the time and in the manner usual for consignments of this type. If he finds that a defect or damage to the Product has occurred during transport, he is obliged to perforḿ all actions necessary to establish the carrier's liability.
9.6 The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Customer an appropriate statement.
9.7 The liability of the Service Provider/Seller towards the Customer/Client referred to in clause 9.1, irrespective of its legal basis, is limited - both as a single claim as well as for all claims in total - to the amount of the price paid and the delivery costs under the Sales Contract, but no more than one thousand zlotys. The Service Provider/Seller shall only be liable towards the Service Recipient/Customer indicated in clause 9.1 for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits towards the Service Recipient/Customer indicated in clause 9.1.
9.8 Any disputes arising between the Seller/Service Provider and the Customer referred to in clause 9.1 shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.
- FINAL PROVISIONS
10.1 Contracts concluded through the Online Shop shall be concluded in the Polish language.
10.2 Amendment of the Terms and Conditions - The Service Provider shall have the right to amend these Terms and Conditions for important reasons, i.e.: changes in the provisions of law; changes in the methods of payment and delivery, changes in the scope, chargeability or form of the Electronic Services provided - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.3 In the case of agreements of a continuous nature concluded on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Customer if the requirements set out in Articles 384 and 384[1] of the Civil Code have been complied with, i.e. the Customer has been correctly notified of the amendments and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
10.4 In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Contract) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the acquired rights of 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 Orders already placed or placed and Sales Contracts concluded, executed or performed.
10.5 In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Contracts concluded from 25 December 2014 with Customers who are consumers, the provisions of the Act on Consumer Rights of 30 May 2014. (Journal of Laws 2014, item 827 as amended); the Act of 23 September 2016 on out-of-court settlement of consumer disputes (Journal of Laws 2016, item 1823); and other relevant provisions of generally applicable law.
10.6 If one of the provisions of these Terms and Conditions or the provisions of the Agreement is declared invalid by a final decision of a competent public administration authority or a final judgment of a common court, the remaining provisions and conditions of these Terms and Conditions shall remain in force and shall not be affected by the said declaration of invalidity.


