§1 Basic definitions
§2 General provisions
§3 Terms and conditions of service
§4 Terms and conditions
§5 Order execution
§6 Delivery
§7 Payment methods
§8 Warranty
§9 Withdrawal
§10 Complaint procedure
§11 Liability
§12 Out-of-court ways of dealing with complaints and claim investigation
§13 Provisions concerning entrepreneurs
§14 Final provisions

Introduction

Dear Customer these Terms and Conditions regulate the manner of concluding sales contracts through the above-mentioned website, the rules of execution of these contracts including delivery, the rights and obligations under applicable law and the mode of withdrawal from the contract and complaint procedure. The Regulations consist of four main parts:

a) in § 1 to 3 – there are general regulations of these Regulations;
b) in § from 4 to 7 – there is a description of the process of purchasing Goods/Services;
c) in § 8 to 12 – there are regulations connected with ascertainment of defects in the Goods/Services as well as the right to withdraw from the agreement. Goods / Services as well as the right to withdraw from the contract;
d) § 13 to 14 – contains all other regulations.

§1 Basic definitions

1. Online store – the store located at the address of this website.
2. Seller – the owner of the website. The consumer makes the purchase of goods/services From the entrepreneur, whose data is indicated in the tab ,“contact” (contact tab).
3. Seller’s address – whenever in the Regulations the Seller’s address is mentioned, it is understood as the following data:
   a) Registered office (contact tab)
   b) e-mail address (contact tab)
4. Customer – a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, who has concluded or intends to conclude a sales contract.
5. Consumer – Article 22 1 of the Civil Code: a natural person making a legal transaction with the Seller that is not directly related to his economic or professional activity.
6. Contract of sale – a contract of sale of a Product placed on the website of the aforementioned Online Store concluded or entered into between the Customer and the Seller through the Online Store.
7. Goods – Product, a movable thing that the Customer purchases through the Online Store.
8. Order – a declaration of will of the Customer, made via the Online Store, specifying: the type and quantity of Goods in the assortment of the Online Store at the time of placing the order, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and the Customer’s data.
9. Order Form – an electronic service, a form on an electronic medium available in the Online Store, which allows you to place and execute an Order, including by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
10. Order processing time – the time it takes for an order placed by a Customer of the Online Store to be completed, packed, sealed by the Seller and forwarded for delivery by the delivery method selected by the Customer.
11. Business day – one day from Monday to Friday excluding public holidays.
12. Price reductions – possible discounts, PROMOTIONS and price reductions can be checked on the chart next to the displayed product price. Price history will be possible to view for 30 days back. The recording of prices is verifiable and automatic.
13. Prices – the prices of products in the e-store are fixed at a given time and are not affected by any pricing algorithms regardless of how the customer arrives at the site, what browsers they use. Nor does gender, age, etc. matter.
14. Law on Consumer Rights, Law – Law of May 30, 2014 on Consumer Rights (Journal of Laws of 2014 item 827 as amended).
15. RODO-EU Council Regulation 2016/679 (dated April 27, 2016)

§2 General provisions

1. The Seller declares that it complies with all required rules for the protection of Customers’ personal data as provided, among others, by the Personal Data Protection Act (i.e. Journal of Laws of 2015, item 2135, as amended) and in accordance with the provisions of RODO. The Customer agrees to the collection, storage and processing of personal data by the Seller only for the purpose directly related to the implementation of the Service/Goods ordered from the Online Store. Detailed terms and conditions for the collection, processing and protection of personal data by the Seller are specified in the “Privacy Policy” of the Online Store.
2. The seller represents that the goods/service are in accordance with the contract in aspects such as description, type, quantitý, qualitý, completenesś and functionalitý, and with respect to goods with digital elements – alsȯ compatibilitý, interoperabilitý and availabilitý of updates; but also suitabilitý for the specific purpose for which it is needed by the consumer, which the consumer notified the trader̨ at the latest at the time of the conclusion of the contract and which the trader accepted.
3. The vendor declares that due to the entry into force throughout Europe of a legal regulation (with the transposition of Directive (EU) 2019/2161 into national law) on reviews: traders who provide reviews must indicate whether and how it is ensured that published reviews come from consumers who have used or purchased the product. Measures taken for this purpose must be specifically mentioned.
4. We declare that the reviews posted on our site are from actual customers who have purchased and used our products. The reviews were issued according to the request sent to us after confirming that the goods have reached the customer. We provide for the possibility of importing reviews posted on Google in the business cards section of our company. Reviews can also come from the Allegro portal. We promise to complete all formalities and efforts to ensure that the opinions are real and correspond to the truth and those issued improperly were removed.
5. Mandatory legal basis for the aforementioned regulations:
   a) Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council with regard to better enforcement and modernization of EU consumer protection legislation, OJ L 328, 18.12.2019, pp. 7-28.
   b) Online opinion falsification – consumers’ experiences, based on a survey by PBS Sp. z o.o. commissioned by the OCCP, publication available at https://uokik. gov.pl/badania-spoleczne
   c) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No. 2006/2004 of the European Parliament and of the Council (“Unfair Commercial Practices Directive”) (OJ L 149, 11.06.2005, p. 22-39, as amended).
   (d) Commission Notice – Guidelines on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, OJ C 526, 29.12.2021, pp. 1-129.
   (e) Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64-88, as amended).
6. When placing orders in the Store, the Customer has the opportunity to read the Rules and Regulations, accepting their content by marking the appropriate box in the form. Acceptance of the Terms and Conditions is necessary to complete the order. We would like to inform you that conclusion of the Sales Agreement via the Internet and acceptance of the Regulations entails the obligation to pay for the ordered Goods.
7. The data controller shall apply appropriate technical and organizational measures to ensure the protection of personal data authoritative to the risks and categories of data to be protected. First of all, it protects data from being accessed, taken, processed, lost, altered, damaged or destroyed by unauthorized persons. The detailed scope of protection is regulated in accordance with the requirements in the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management instruction).
8. Details of the Administrator of your personal data can be found on the “contact” tab located on the website.
9. Each person whose data is processed has the right to:
   (a) to supervise and control the processing of personal data for which the vendor maintains a customer data file of the aforementioned store;
   b) to determine who the data controller is, to determine its address, registered office, name, in a situation where the controller is an individual to determine his name and place of residence;
   (c) to obtain information about the purpose, scope, manner, time of processing of the data contained in such filing system;
   (d) obtain information in a commonly understood form of the content of such data;
   (e) to know the source from which the data to which it pertains originated, unless the data controller is obliged to keep classified information or professional secrecy in this regard;
   (f) to request that personal data be supplemented, updated, rectified, temporarily suspended or deleted if it is incomplete, outdated, untrue or was collected in violation of the law, or is no longer necessary for the purpose for which it was collected.
10. The customer, in accordance with Clause 9, has the right to inspect the contents of the processed personal data, to correct them, as well as to request the deletion of such data. The controller of personal data is obliged, to supplement, update, correct the data, temporarily or permanently suspend the processing or delete them from the collection on an ongoing basis and immediately after the request, unless the request concerns personal data, as to which the procedure for supplementing, updating or correcting them is determined by separate provisions of law, including the law.
11. The customer, in the process of finalizing the order, agrees to the collection and processing of personal data by the Seller within the meaning of the Personal Data Protection Act. The data may be transferred to another entity only if legally required or necessary for the execution of the order placed.
12. The Customer may agree to receive advertising and commercial information from the Seller electronically by subscribing to the NEWSLETTER.
13. The customer using the Seller’s services implemented through the online store is obliged to comply with these Regulations to the extent that is necessary to carry out the order placed and is not contrary to applicable law and the principles of social coexistence.
14. The Seller of the Online Store declares that the Goods available and sold in its Online Store are new, used, safe and free from physical and legal defects. The Goods fully correspond to the properties that are displayed and described on the website of the Online Store.
15. The Seller carries out orders on the territory of Poland, as well as orders placed by Consumers in Europe, and by prior arrangement of delivery terms also in other countries.
16. All Goods on sale of the Online Store have been legally introduced into the Polish market in accordance with the law. Information concerning the Goods located on the website of the Online Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Act of April 23, 1964 of the Civil Code.
17. All prices of Products/Goods/Services given on the website of the Online Store are given in Polish currency (Polish Zloty), are gross prices including VAT, customs duties and other components imposed by law.
18. NOTE: The prices of the Goods listed on the website of the Online Store do not include delivery costs, they are added only at the stage of selection by the Customer of the method of delivery of the ordered Goods.
19. A sole proprietor, if he makes a purchase that is not related to his business, has the right to withdraw from the contract within 14 calendar days from the moment the Goods take possession of the Customer or a third party designated by him other than the carrier.
20. The provisions on the consumer, with the exception of the second sentence of Article 558 § 1 of the Civil Code, shall apply to an individual who enters into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his business activity, made available on the basis of the provisions on CEIDG
21. Verification of whether an activity is of a professional nature will be based on CEiDG, specifically on the PKD codes entered there that define types of business activity.
22. Sole proprietors will be empowered with respect to:
    ● prohibited clauses used in contract templates;
    ● warranty for defects of the sold thing;
    ● recourse claim to the previous seller in connection with the execution of the consumer’s complaint;
    ● right to withdraw from a contract concluded at a distance or off-premises within 14 days.
23. The consumer provisions of Articles 385(1)-385(3) of the Civil Code shall apply to an individual who enters into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for him, arising in particular from the subject of his business activity, made available on the basis of the provisions on CEIDG
24. Article 385(5) of the Civil Code applies only to prohibited contractual provisions (abusive clauses). Provisions on abusive clauses are applied to sole proprietors. A catalog of examples of twenty-three abusive clauses is contained in Article 385(3) of the Civil Code.
25. Sole proprietors, after the changes described above, are still not able to use the assistance of institutions that support consumers in protecting their rights, including County/Municipal Consumer Ombudsmen or the OCCP.

§3 Terms and conditions of service

1. (1) This Online Store provides services by electronic means, the condition for entering into a contract is, first of all, to fill out an online order form to conclude a sales contract. Joining the contract is voluntary.
2. The contract for the provision of services is concluded electronically in the form of allowing the Customer of the Online Store to fill in the order form, the contract is concluded for a definite period of time when the Customer proceeds to fill in the form and is terminated when the completed form is withdrawn or when the completed form is sent to the Seller. The process of filling in the order form is organized in such a way that each Customer has the opportunity to get acquainted with it before deciding to conclude a contract or to make changes to the contract.
3. The service specified in item. 1 is provided free of charge, but may require access to the Internet.
4. You can place an order electronically 24 hours a day, 7 days a week.
5. The customer, when finalizing the purchase in the appropriate order box, selects the option “I consent to the processing by the store of my personal data contained in the order form for the purpose and to the extent necessary for the execution of the order.” – it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the conclusion of the contract.
6. Pursuant to Article 8(2) of the RODO, the controller shall, taking into account available technology, make reasonable efforts to verify that the person with parental authority or custody of the child (under 16 years of age) has given or approved consent.
7. The Customer’s costs related to Internet access and data transmission are borne solely by the Customer in accordance with the tariff of its provider with whom the Customer has signed an Internet service contract.§4 Terms and conditions of the contract

1. In order to conclude a valid and binding Contract of Sale between the parties, the Client makes a selection in accordance with the displayed offer of the Online Store, specifying the quantity of the Goods he intends to purchase and, if possible, indicating the characteristics of the ordered Product and its specifications, respectively. Along with the selection of the Goods, the Customer fills out an online order form, indicating in it the data necessary for the Seller to execute the order such as, for example, quantities, place of delivery and forms of payment, based on the messages displayed to the Customer and the information available on the website and contained in these Terms and Conditions.
2. Registration of a Customer Account in the Online Store is voluntary and free of charge.
3. In the event that the Seller makes available the possibility of ordering Goods, the characteristics of which consist in the fact that they are made to the individual order of the Customer, the Customer sends, together with the online order form, the content necessary to make the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements contained in the description of the Goods, or selects the appropriate specification of the Goods from the variants of available options for the configuration of the Goods given by the Seller.
4. Immediately upon receipt of the order, the Seller sends the Customer, via e-mail to the e-mail address provided during the ordering process, a statement of acceptance of the order, which is also its confirmation. Upon receipt of the message by the Customer, the contract of sale is concluded.
5. The message summarizing and confirming the order contains all previously agreed terms of the sales contract, in particular the quantity and type of ordered Goods, their specification in case of ordering Goods with individual characteristics specified by the Customer of the Online Store, the total price to be paid (specified in Polish zlotys) together with delivery costs and the amount of discounts granted (if applicable).
6. If the Customer has more than one discount from several sources/promotions, they are subject to combining/summing only if expressly stated in the Terms and Conditions of the promotion. In the absence of a provision on how to combine different promotions/rebates, only one rebate (one promotion) may be selected for a given purchase.

§6 Delivery

1. Delivery of the Goods shall be made through the operator of the Polish Post or courier service or in any other way accepted by the parties not involving excessive and unreasonable costs on the part of the Seller and the Customer.
2. Ordered Goods are delivered according to the Customer’s choice either directly to the Customer’s address indicated in the online order placement form and confirmed by the Customer as the shipping address or collected in person at the personal collection point at the address provided during the order execution.
3. Goods are always packed in a way that corresponds to their characteristics, so that they are not damaged, lost or destroyed during transport.
4. The customer is kept informed of the shipping costs, they are provided when the customer fills out the online order form. The amount of shipping costs depends on the country to which the order is shipped, the number of ordered goods their weight and the method of shipment.

§7 Payment methods

1. The Seller allows payment for the ordered Goods in the form of prepayment to a bank account with the following number:
   1. PL Account: 33102019670000820201550995
   2. EU account: 72102019670000830201852011
   3. USD account: 29102019670000840204043287

2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online banking transfer via PayU, PayPal, Przelewy24 online payment service.
3. Cash on delivery of the ordered Goods (cash on delivery payment) – the Customer pays at the courier’s office while collecting the ordered Goods delivered via courier company to the address indicated by the Customer in the order.
4. The Seller shall document the sale of the Goods in accordance with the Customer’s request.

§8 Warranty

1. Delivery of Goods under the realizations arising from the warranty for defects is carried out at the expense of the Seller.
2. For claims for defect removal or replacement after January 1, 2023, the general statute of limitations for claims shall apply, i.e.: unless a special provision provides otherwise, the statute of limitations shall be six years, and for claims for periodic benefits and claims related to the conduct of business – three years. However, the end of the limitation period is the last day of the calendar year, unless the limitation period is less than two years.”
3. The Seller is liable under the warranty if the defect is discovered before the expiration of two years from the date of delivery of the Goods to the Consumer. As of January 1, 2023, the minimum time limit for a claim of non-conformity of goods with the contract is 2 years. This time limit applies to all goods – new and used. The Seller is liable to the Consumer if the Consumer Goods at the time of issue were inconsistent with the contract, have physical, legal defects. The Seller shall be liable for the incompatibility of the Consumer Goods with the contract if it is found before the expiration of two years from the issuance of such Goods to the Buyer, and in the event of replacement of the Goods, the term runs anew. A physical defect consists in the non-conformity of the sold thing with the contract. In particular, the sold thing is inconsistent with the contract if:
   a) it does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
   b) it does not have the properties, the existence of which the Seller assured the Buyer, including by presenting a sample or model;
   c) it is not suitable for the purpose, about which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;
   d) it was issued to the Buyer in an incomplete state.
4. The presumption of nonconformity of goods is 2 years.
5. Notification of defects in the Goods should be sent electronically to the Seller’s e-mail address or in writing to the Seller’s postal address (see §1 item 3.: “Seller’s address”). If the consumer has difficulties and does not know how to construct a notification of defects in the Goods, the notification can be sent, for example, on the form attached as Appendix No. 2 to these Regulations, which is only a convenience for the complaint process, it is not any requirement to use the above-mentioned template for the effectiveness of the complaint.
6. If it is necessary for proper assessment of physical defects of the Goods, upon request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller’s registered office (see §1 item 3.: “Seller’s address”) whenever the properties of the Product allow it.
7. The Seller shall respond immediately to the Consumer’s notification, but no later than within 14 calendar days of receipt. Failure to consider the notification within the specified period is equivalent to its acceptance by the Seller and recognition of it as legitimate.
8. In the case of the first complaint, the customer can expect the goods to be repaired or replaced. Only if the trader refuses to remove the defect or replace it, the consumer will be given the right to withdraw from the contract. For electronic goods, the consumer will also be able to demand the removal of defects in digital services And if the removal of the defect or replacement is unsuccessful, he can demand a price reduction or withdraw from the contract.
9. The Seller shall cover the costs of collection of the Goods, delivery, removal of defects or defects and replacement of the Goods with new ones.

§9 Withdrawal

1. In accordance with the law, the Customer who is a Consumer under Article 27 of the Act of May 30, 2014. (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, has the right to withdraw from a contract concluded remotely without giving any reason.
2. According to Article 38 para. 13 of the Consumer Rights Act – “for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right of withdrawal.” – in such a situation, the right of withdrawal does not apply.
3. The right to withdraw from the contract shall be granted within 14 calendar days from the moment of taking possession of the Goods by the Customer who is also a Consumer or a third party designated by him/her other than a carrier.
4. When the Customer who is a Consumer withdraws from the contract, the contract is considered not concluded, and the Consumer is then released from all obligations. What the parties have rendered to each other is subject to return in an unaltered state, unless the change was necessary within the limits of ordinary management. The return should be made immediately, no later than within fourteen days.
5. A Customer who is a Consumer may withdraw from the contract by making a statement on the online form attached hereto as Annex No. 1, sending it electronically or to the postal address of the Seller at the choice of the Customer. Appendix No. 1 is only an aid to withdraw from the contract, it is not a necessary template for exercising the right to withdraw from the contract. The Customer may, but does not have to use it. For effective withdrawal, it is sufficient to send a statement in writing to the Seller’s address.
6. To meet the deadline specified in item. 2 is sufficient to send the Customer’s statement of withdrawal from the contract before its expiration.
7. The Seller will promptly acknowledge to the Client the receipt of the statement of withdrawal from the contract and will inform the Client accordingly about the further procedure, including how to return the Goods, and will answer them if there are any questions.
8. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer’s statement of withdrawal from the contract, return to the Customer all payments received from him, including the cost of delivering the item. The seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to another way of refunding the payment, which does not involve any costs for the Customer.
9. If the Seller, after obtaining consent from the Customer, did not undertake to collect the Goods from the Customer himself, the Seller may withhold reimbursement of the payments received, including the cost of delivering the goods until he receives the Goods back or the Customer provides proof/confirmation of their return, whichever event occurs first.
10. The Customer is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller immediately, but no later than within 14 calendar days, from the date on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline it is sufficient to send back the Goods before its expiration.
11. The Customer who is a Consumer shall bear only the direct costs of returning the Goods.
12. The consumer, has the right to withdraw from the contract concluded at a distance, without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Law on Consumer Rights.
13. The goods should be delivered to the Seller’s Address (see §1 item 3.: “Seller’s Address”).
14. The consumer is liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. This means that the Buyer has the right to evaluate and inspect the Goods, but only in the way he could do so in a stationary store (i.e., check their completeness and technical parameters). This is because the consumer cannot normally use the item otherwise, by withdrawing from the contract, he may be charged with additional costs due to the reduction in its value.
15. The right to withdraw from the contract does not apply to the Customer with respect to the contracts specified in Article 38 of the Law of May 30, 2014 on Consumer Rights, among other situations:
    a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance by the entrepreneur will lose the right to withdraw from the contract;
    b) in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the expiration of the deadline for withdrawal from the contract;
    c) in which the object of performance is a non-refabricated item, produced to the Consumer’s specifications or serving to meet his individualized needs;
    d) in which the object of performance is an item that is perishable or has a short shelf life;
    e) in which the subject of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery;
    (f) in which the subject of performance are things that, after delivery, by their nature become inseparable from other things.

§10 Complaint procedure