Store Regulations

Regulation

REGULATIONS OF THE ONLINE STORE PABI.PL

VALID FOR SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014

1. GENERAL PROVISIONS

2. ELECTRONIC SERVICES IN THE ONLINE STORE

3. TERMS AND CONDITIONS OF CONCLUDING A SALES CONTRACT

4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT

5. COST, METHODS AND DEADLINE FOR DELIVERY AND COLLECTION OF THE PRODUCT

6. PRODUCT COMPLAINT

7. OUT OF COURT CLAIMS AND RECOVERY OF CLAIMS AND RULES FOR ACCESS TO THESE PROCEDURES

8. RIGHT TO WITHDRAW FROM CONTRACT

9. PROVISIONS APPLICABLE TO BUSINESSES

10. FINAL PROVISIONS

The online store www.pabi.pl cares about consumer rights. The consumer may not waive the rights granted to him by the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, these regulations shall prevail and shall be applied.

1. GENERAL PROVISIONS1.1. The online store available at the Internet address www.pabi.pl. is run by Slawomir Rybinski (business address and address for correspondence: 31 Sobieskiego St.,14-200 Ilawa) registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister responsible for economy, NIP 744-124-22-33, REGON 280591923, e-mail address: pabi@pabi.pl , telephone no: 502-183-593.

1.2. These Regulations are addressed to both consumers and businesses using the Online Store (with the exception of pt. 9 of the Regulations, which is addressed exclusively to entrepreneurs).

1.3 The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for the purposes, to the extent and based on the principles indicated in the privacy policy published on the pages of the Online Store. Provision of personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.

1.4 Definitions:

1.4.1. BUSINESS DAY - one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION FORM - a form available in the Online Store that allows creating an Account.

1.4.3. ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart and determining the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. CUSTOMER - 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 Agreement with the Seller.

1.4.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended).

1.4.6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which the Customer's data is collected, including information about placed Orders.

1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive the content of subsequent editions of the newsletter containing information about Products in the Online Store.

1.4.8. PRODUCT - a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.

1.4.9. REGULATIONS - these Regulations of the Online Store.

1.4.10. INTERNET SHOP - the Service Provider's Internet Shop available at the following Internet address: www.pabi.pl.

1.4.11. SELLER; SERVICE PROVIDER - Pasmanteria Pabi (business address and mailing address: 14-200 Iława, 31 Sobieskiego Street) registered in the Central Register of Business Activity and Information of the Republic of Poland kept by the minister responsible for economy, NIP: 744-124-22-33, REGON: 280591923, e-mail address: pabi@pabi.pl , telephone no: 502-183-593.

1.4.12. SALE AGREEMENT - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.

1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Store.

1.4.14. SERVICE PROVIDER - a natural person with full legal capacity, and in cases provided for by generally applicable law, also a person with limited capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, using or intending to use the Electronic Service.

1.4.15. CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827 as amended)

1.4.16. ORDER - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

1.5 RODO

On May 25, 2018, the provisions of the EU General Data Protection Regulation (RODO) came into force. Taking care to diligently comply with the upcoming changes, we implement the information obligation set forth in Article 13(1) and (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council (“GDPR”) of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter: RODO) and inform you that:

The administrator of your data is : Firma PABI Sławomir Rybiński with its registered office in Iława, 31 Sobieskiego Street, 14-200 Iława, NIP: 7441242233, REGON: 280591923. We process your data because you are our customers and your data are in our database. We will process your personal data on the basis of Article 6(1) of RODO and solely for the purpose of performing the contract to which you are a party to the extent necessary for the execution of orders, billing, communication related to the provision of services, maintenance of your account on the B2B website, marketing your products. The basis for the processing is our legitimate interest of Article 6(1)(f) of the RODO, consisting in: securing information about the cooperation (including, but not limited to, your order history, communication with us and payments) for the purpose of handling possible claims, for analytical or statistical purposes, creating financial and sales analyses for internal reporting and determining the optimal direction of our operations. Your personal data will be processed in an IT environment, which means that it may also be temporarily stored and processed to ensure the security and proper functioning of IT systems, e.g. in connection with making security copies. In relation to other purposes, the basis for processing your personal data is your consent. Your personal data will be processed and stored only for the period necessary for the execution of the provisions of the contract. The criterion for determining this period will depend on overriding laws. Your data will be stored due to obligations under accounting and tax regulations, for the duration of their duration, and for legal security reasons, until the statute of limitations for possible claims. We will process your data only for as long as necessary with your consent. If you withdraw your consent, we will delete your data immediately. A request for deletion will result in the inability to continue our cooperation. In accordance with applicable law, we may transfer your data to entities processing them on our behalf, e.g. IT service providers, accounting offices, couriers, banks, insurers, law firms so that we can perform our services, and to entities entitled to obtain data on the basis of applicable law, e.g. courts or law enforcement agencies - of course, only if they make a request based on an appropriate legal basis.

As a business, we use various services and technologies offered by entities such as Google and Microsoft which are based outside the European Union and are therefore considered third countries under the provisions of the RODO. When using services and technologies, we transfer personal data only to entities in the United States and only to those that have joined the Privacy Shield program, based on the European Commission's implementing decision of July 12, 2016 - you can read more about this on the European Commission's website. Entities that have joined the Privacy Shield program guarantee that they will adhere to the high data protection standards that apply in the European Union, so the use of their services and offered technologies in the processing of personal data is lawful. Your personal data will not be processed by automated means and will not be profiled. In connection with our processing of your data, you have the right to access your data (the ability to obtain a copy of your personal data), to rectify it, to request its deletion (This right does not apply when, for example, the basis for data processing is consent, a specific provision of law, or it is processed in connection with the performance of a contract concluded with the controller) or to limit processing, the right to object to processing and also the right to data portability. You have the right to lodge a complaint with the President of the Office for Personal Data Protection if you consider that the processing of your personal data violates the provisions of the RODO. Your provision of personal data is a statutory requirement, which is a condition of entering into a contract to the extent necessary for the performance of business activities. The data subject is obliged to provide them the possible consequence of not providing the data will be the inability to cooperate. Provision of data is voluntary.

If necessary, we reserve the right to expand the relevant categories of your personal data from publicly available sources.

2. ELECTRONIC SERVICES ON THE INTERNET STORE

2.1 The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.

2.1.1. Account - using an Account is possible after fulfilling two consecutive steps together - (1) filling in the Registration Form and (2) clicking the “Register” field and (3) confirming the desire to create an Account by clicking on the confirmation link sent automatically to the provided e-mail address. In the Registration Form it is necessary to provide the following Service Recipient data: name and surname/company name, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and password. For Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.

2.1.1.1 The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: pabi@pabi.pl.

2.1.2. Order Form - the use of the Order Form begins when the first Product is added to the electronic shopping cart in the Online Store. Placing of the Order takes place after fulfillment of two consecutive steps altogether - (1) after filling in the Order Form and (2) after clicking the “Order and pay” field. - Up to this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). In the Order Form it is necessary to provide the following data: name and surname/company name, address (street, number of the house/flat, postal code, city, country), e-mail address, contact phone number, Product/s, quantity of the Product/s, place and method of delivery, method of payment. For Service Recipients who are not consumers, it is also necessary to provide company name and tax identification number (NIP).

2.1.2.1 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.

2.1.3 Newsletter - using the Newsletter is possible after providing in the “Newsletter” tab visible on the site of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the “subscribe” field. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account - as soon as the Account is created, the Customer is signed up for the Newsletter.

2.1.3.1 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: pabi@pabi.pl or in writing to the address: 14-200 Iława, 31 Sobieskiego St.

2.2 The Customer is obliged to use the Online Store in a manner consistent with the law and good practice, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.

2.3 Technical requirements necessary for the operation of the ICT system used by the Service Provider:

2.3.1 A computer, laptop or other multimedia device with Internet access.

2.3.2 Access to e-mail.

2.3.3 Web browser: Mozilla Firefox version 11.0 and above or Internet Explorer version 7.0 and above, Opera version 7.0 and above, Google Chrome version 12.0.0 and above.

2.3.4 Any screen resolution.

2.3.5. Enabling cookies and Javascript support in the web browser.

2.4 Complaint procedure:

2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in points. 6 and 7 of the Terms and Conditions), the Customer may submit, for example:

2.4.2. in writing to the address: 14-200 Iława, 31 Sobieskiego Street

2.4.3. in electronic form via e-mail to: pabi@pabi.pl

2.4.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

2.4.5 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. TERMS OF CONCLUSION OF THE SALE AGREEMENT

3.1. The conclusion of the Sale Agreement between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.

3.2 The price of the Product shown on the website of the Online Store is given in Polish Zloty and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these fees - about the obligation to pay them, the Client is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.

3.3 Procedure for concluding a Sales Contract on the Online Store using the Order Form

3.3.1. The conclusion of a Sales Contract between the Customer and the Seller shall take place after the Customer places an order on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.

3.3.2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order, which shall contain at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.4 The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

4.1 We reserve the possibility of unavailability of the ordered goods, e.g. in connection with the earlier sale of the item. In this case we will contact the Client via e-mail or telephone

4. METHODS AND TERMS OF PAYMENT FOR PRODUCT

4.1 The Seller provides the following methods of payment for the Sales Agreement:

4.1.1 Payment in cash upon personal collection at the company's premises.

4.1.2. electronic payments and payment card payments through the service possible current payment methods are specified on the site of the Online Store in the “Payments” tab.

4.1.4.1 Settlement of electronic payment and payment card transactions are carried out according to the choice of the Customer through the Przelewy24 service

4.2 Payment term:

4.2.1 If the Customer chooses cash payment upon personal collection, payment by bank transfer, electronic payment or payment card payment, the Customer shall be obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.

5. COST, TIME AND METHODS OF DELIVERY

5.1 The Seller provides the following methods of delivery of the Product on the territory of the Republic of Poland:

5.1.1. courier delivery GLS

5.1.2. courier delivery InPost

5.1.3. courier delivery InPost Paczkomat

5.1.4. personal collection at the address: 14-200 Iława, Sobieskiego 31 Street - on Business Days from 9:00 a.m. to 5:00 p.m. - upon prior arrangement of the collection date with the Seller. Personal collection of the Product by the Customer is free of charge.

5.2 The delivery costs of the Product shall be borne by the Customer. They are indicated in the course of placing the Order and depend on the method of delivery and payment chosen by the Customer. The delivery costs are also indicated on the website of the Online Shop in the “Delivery methods” 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.

5.4 The term of delivery of the Product to the Customer is up to 10 Business Days, unless a shorter term is specified in the description of the Product in question or during the placing of the Order. In the case of Products with different delivery dates, the delivery date shall be the longest date given, which, however, shall not exceed 10 Business Days. This deadline shall be calculated as follows:

5.4.1 If the Customer selects payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

5.5 Deadline for readiness of the Product for pick-up by the Customer - if the Customer chooses to pick up the Product in person, the Product will be ready for pick-up by the Customer within 10 Business Days, unless a shorter deadline is specified in the description of the Product in question or when placing the Order. In the case of Products with different dates of readiness for pick-up, the date of readiness for pick-up shall be the longest date specified, which, however, shall not exceed 10 Business Days. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order. The beginning of the deadline for the readiness of the Product for collection by the Customer is calculated as follows:

5.6.1. In the case where the Customer chooses payment by bank transfer, electronic payment, or payment card – from the date the Seller's bank account or settlement account is credited.

5.6.2. In the case where the Customer chooses to pay in cash upon personal collection – from the date of conclusion of the Sales Agreement.

6. PRODUCT COMPLAINT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)

6.1. The basis and scope of the Seller's liability towards the Customer, in the event that the sold Product has a physical or legal defect (warranty), are defined by generally applicable provisions of law, in particular the Civil Code.

6.2. The Seller is obliged to deliver a Product to the Customer that is free from defects. Detailed information regarding the Seller's liability for a Product defect and the Customer's rights are available on the Online Store's website under the "Returns and Complaints" section.

6.3. A complaint may be submitted by the Customer, for example:

6.3.1. in writing to the address: 14-200 Iława, ul. Sobieskiego 31;

6.3.2. electronically via e-mail to the address: pabi@pabi.pl

6.4. It is recommended that the Customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) a request regarding the method of bringing the Product into conformity with the Sales Agreement, or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person filing the complaint – this will facilitate and expedite the complaint handling process by the Seller. The requirements mentioned in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.

6.5. The Seller will respond to the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. If the Seller does not respond within the aforementioned period, it is deemed that the complaint has been accepted as justified.

6.6. In the event that, in order for the Seller to respond to the Customer’s complaint or to exercise the Customer’s rights under the warranty, it is necessary to deliver the Product to the Seller, the Customer will be requested by the Seller to deliver the Product at the Seller’s expense to the following address: 14-200 Iława, ul. Sobieskiego 31. However, if due to the nature of the defect, the type of Product, or the method of its installation, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer will be asked to make the Product available to the Seller at the location where the Product is situated, after a mutually agreed date and time has been arranged.

6.7. The request to deliver the Product referred to in section 6.6 of the Terms and Conditions does not affect the time limit for the Seller to respond to the Customer’s complaint, as specified in section 6.5, and does not infringe the Customer’s right to request the Seller to dismantle the defective Product and reinstall the Product after replacement with a defect-free item or removal of the defect, as provided in Article 561[1] of the Civil Code.

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS, AND RULES FOR ACCESSING THESE PROCEDURES

7.1. Detailed information regarding the Customer’s ability, as a consumer, to use out-of-court complaint and claim resolution methods and the rules for accessing these procedures is available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection (UOKiK):
http://www.uokik.gov.pl/spory_konsumenckie.php
http://www.uokik.gov.pl/sprawy_indywidualne.php
http://www.uokik.gov.pl/wazne_adresy.php

7.2. A Customer who is a consumer has the following exemplary options for using out-of-court methods of complaint and claim resolution:

7.2.1. The Customer is entitled to apply to a permanent consumer arbitration court, as referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The rules for the organization and functioning of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of 25 September 2001 on the rules for the organization and operation of permanent consumer arbitration courts (Journal of Laws 2001 No. 113, item 1214).

7.2.2. The Customer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), with a request to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller. Information on the rules and procedures of mediation conducted by the provincial inspector of Trade Inspection is available at the offices and websites of the relevant Provincial Inspectorates of Trade Inspection.

7.2.3. The Customer may also obtain free assistance in resolving a dispute between the Customer and the Seller by using the free services of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Polish Consumers Association). Advice is provided by the Consumer Federation via the free consumer helpline at 800 007 707, and by the Polish Consumers Association via email at porady@dlakonsumentow.pl.

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
(Applies to sales agreements concluded from December 25, 2014)

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without providing any reason and without incurring any costs, except for the costs specified in section 8.8 of these Terms and Conditions. To meet the deadline, it is sufficient to send a statement before the period expires. A statement of withdrawal from the contract may be submitted, for example:

8.1.1. in writing to the address: 14-200 Iława, ul. Sobieskiego 31;

8.1.2. via e-mail to the address: pabi@pabi.pl

8.2. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available on the Online Store’s website in the "Withdrawal from the Contract" section. The consumer may use the sample form, but it is not mandatory.

8.3. The period for withdrawal begins:

8.3.1. in the case of a contract under which the Seller delivers a Product while being obliged to transfer ownership of it (e.g., a Sales Agreement) – from the moment the consumer or a third party indicated by the consumer, other than the carrier, takes possession of the Product; and in the case of a contract that:
(1) includes multiple Products delivered separately, in batches, or in parts – from the moment of taking possession of the last Product, batch, or part, or
(2) involves the regular delivery of Products for a specified period – from the moment of taking possession of the first Product;

8.3.2. for all other contracts – from the date the contract is concluded.

8.4. In the event of withdrawal from a distance contract, the contract is considered null and void.

8.5. The Seller is obliged to immediately, and no later than within 14 calendar days from the date of receiving the consumer’s statement of withdrawal from the contract, refund all payments made by the consumer, including the costs of delivering the Product (except for additional costs resulting from the delivery method chosen by the Customer that is different from the least expensive standard delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different refund method that does not involve any additional costs for the consumer. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund until it has received the Product back or the consumer has provided proof of having returned the Product, whichever occurs first.

8.6. The consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, and no later than within 14 calendar days from the date of withdrawal from the contract, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to send the Product back before the deadline expires. The consumer may return the Product to the following address: 14-200 Iława, ul. Sobieskiego 31.

8.7. The consumer is liable for any reduction in the value of the Product resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the Product.

8.8. Possible costs associated with the consumer’s withdrawal from the contract that the consumer is obliged to bear:

8.8.1. If the consumer has chosen a delivery method for the Product other than the least expensive standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.

8.8.2. The consumer bears the direct costs of returning the Product.

ania z niego w sposób wykraczający poza konieczny do stwierdzenia charakteru, cech i funkcjonowania Produktu.

8.8. Possible costs related to the consumer’s withdrawal from the contract that the consumer is obliged to bear:

8.8.2. The consumer bears the direct costs of returning the Product.

8.8.3. In the case of a Product being a service, the performance of which – at the explicit request of the consumer – has begun before the expiry of the withdrawal period, the consumer, who exercises the right of withdrawal after submitting such a request, is obliged to pay for the services performed up to the moment of withdrawal. The amount to be paid is calculated proportionally to the extent of the service provided, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.9. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:

8.9.1. (1) for the provision of services if the Seller has fully performed the service with the consumer's explicit consent, and the consumer has been informed before the service started that after the service is provided by the Seller, the right of withdrawal will be lost; (2) where the price or remuneration depends on fluctuations in the financial market that are beyond the Seller’s control and which may occur before the withdrawal period expires; (3) where the subject of the service is a non-prefabricated Product made according to the consumer’s specifications or tailored to their individual needs; (4) where the subject of the service is a Product that is perishable or has a short shelf-life; (5) where the subject of the service is a Product delivered in a sealed package which cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery; (6) where the subject of the service is Products that are specifically cut by the meter or piece and are difficult to resell, or due to their nature, are inseparably combined with other items; (7) where the subject of the service is alcoholic beverages whose price was agreed upon when the Sales Agreement was concluded, and which can only be delivered after 30 days, and whose value depends on market fluctuations beyond the Seller’s control; (8) where the consumer has explicitly requested the Seller to come to them for an urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products other than spare parts necessary for the repair or maintenance, the right of withdrawal applies to the additional services or Products; (9) where the subject of the service is 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, excluding subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering services, services related to recreation, entertainment, sports, or cultural events, if the contract specifies the day or period of service delivery; (13) for the supply of digital content not stored on a tangible medium, if the provision of the service started with the consumer’s explicit consent before the withdrawal period expired and after the Seller informed them about the loss of the right to withdraw from the contract.

9. PROVISIONS REGARDING ENTREPRENEURS

9.1. This section of the Terms and Conditions and the provisions contained within it apply exclusively to Clients who are not also consumers.

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without providing a reason and does not give rise to any claims from the Client who is not a consumer against the Seller.

9.3. In the case of Clients who are not also consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method selected by the Client in the Order Form and the fact of the conclusion of the Sales Agreement.

9.4. From the moment the Seller hands over the Product to the carrier, the benefits and burdens related to the Product, as well as the risk of accidental loss or damage to the Product, pass to the Client who is not a consumer. In this case, the Seller is not liable for the loss, damage, or deterioration of the Product that occurs from the moment it is handed over to the carrier until it is delivered to the Client, nor for any delays in the delivery of the shipment.

9.5. In the case of the Product being sent to the Client through a carrier, the Client who is not a consumer is obliged to inspect the shipment in the manner and time customary for this type of shipment. If they notice that the Product has been lost or damaged during transport, they must take all necessary steps to determine the carrier’s responsibility.

9.6. According to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty toward a Client who is not also a consumer is excluded.

9.7. In the case of Service Recipients who are not consumers, the Service Provider has the right to terminate the Electronic Service Agreement with immediate effect and without giving reasons by sending the Service Recipient a relevant statement.

9.8. The liability of the Service Provider/Seller toward the Service Recipient/Client who is not a consumer, regardless of the legal basis, is limited — both for individual claims and for all claims in total — to the amount of the price paid and the delivery costs under the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Client who is not a consumer only for typical, foreseeable damages at the time the agreement was concluded and does not bear responsibility for lost profits with respect to the Service Recipient/Client who is not a consumer.

9.9. Any disputes arising between the Seller/Service Provider and the Client/Service Recipient who is not a consumer shall be submitted to the court competent for the Seller/Service Provider's registered office.

10.

FINAL PROVISIONS

10.1. Agreements concluded through the Online Store are governed by Polish law and in the Polish language.

10.2. Changes to the Terms and Conditions:

10.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in legal provisions or changes in payment and delivery methods — to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

10.2.2. In the case of agreements concluded based on these Terms and Conditions of a continuous nature (e.g., provision of Electronic Service – Account), the amended Terms and Conditions bind the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the Service Recipient has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the change in the Terms and Conditions results in the introduction of any new fees or increases in the current fees, the Service Recipient who is a consumer has the right to withdraw from the agreement.

10.2.3. In the case of agreements concluded based on these Terms and Conditions of a nature other than continuous agreements (e.g., Sales Agreement), those who are consumers before the changes to the Terms and Conditions enter into force, the changes will not affect already placed or completed Orders and concluded, performed, or executed Sales Agreements.

10.3. In matters not regulated in these Terms and Conditions, the provisions of the Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended); the Act on the Protection of Certain Consumer Rights and Liability for Damages Caused by Dangerous Products of March 2, 2000 (Journal of Laws No. 22, item 271, as amended); the Act on Specific Conditions of Consumer Sales and Amendments to the Civil Code of July 27, 2002 (Journal of Laws No. 141, item 1176, as amended); and other relevant provisions of Polish law shall apply.