Terms and conditions of the online shop
1) These Terms and Conditions define the general terms and conditions, rules and manner of sales conducted by Brod Sp. z o.o. with its registered office in Krakow, through the respro.com.pl online shop (hereinafter referred to as: "Online Shop") and defines the terms and conditions for the provision of free electronic services by Brod Sp. z o.o. with its registered office in Krakow.
2) These Terms and Conditions are addressed to (1) consumers, (2) entrepreneurs or (3) natural persons concluding an agreement directly related to their business activity, when it follows from the content of this agreement that it is not of a professional nature for them, resulting in particular from the subject matter of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, whereby specific provisions of the Terms and Conditions may only be addressed to the category of persons/entities indicated therein.
§ 1 Definitions
1) Working days - means weekdays from Monday to Friday excluding public holidays.
2) Password - means a sequence of letter, digital or other characters chosen by the Customer during the Registration in the Online Shop, used to secure access to the Customer's Account in the Online Shop.
3) Customer - means (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (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 or an agreement(s) for services provided electronically
4) Civil Code - Act of 23 April 1964 Civil Code (i.e. Journal of Laws of 2020, item 1740, as amended).
5) Consumer - means a natural person making a legal transaction with an entrepreneur which is not directly connected with his/her economic or professional activity.
6) Customer's Account - means an individual panel for each Customer, launched on his or her behalf by the Seller, after the Customer has registered and concluded a service agreement for the provision of the Customer's Account.
7) Entrepreneur on the rights of the Consumer - a natural person concluding a contract directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for him/her, resulting in particular 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
8) Regulations - means these Regulations.
9) Registration - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Shop.
10) Vendor - means Brod Sp. z o.o. with its registered office in Kraków (31-589), ul. Sikorki 17, NIP: 6772407561, REGON: 365354962, entered in the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Department of the National Court Register under KRS number 0000636203, with a share capital of PLN 7,500; email: firstname.lastname@example.org, which is also the owner of the Online Shop.
11) Website of the Store means the websites under which the Seller operates the Internet Store, operating in the domain respro.com.pl.
12) Goods - means a product presented by the Seller via the Store's Website, which may be the subject of a Sales Contract.
13) Permanent medium - means a material or tool that allows the Customer or the Seller to store information addressed personally to the Customer or the Seller in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and that allows the unchanged reproduction of the stored information. 14) Contract of Sale - means the contract of sale concluded at a distance, on the terms and conditions specified in the Terms and Conditions, between the Customer and the Seller.
15) Order - a declaration of will submitted by the Customer via the Order Form, aiming directly at the conclusion of the Contract of Sale, preceded by the acceptance of the content of the Terms and Conditions, the selection of the Goods, the choice of the method of delivery of the Goods and the choice of the form of payment.
§ 2 General provisions and use of the Online Shop
1) All rights to the Online Store, including property copyright, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to the templates, forms, logotypes, photographs placed on the Online Store Website (except for logotypes and photographs presented on the Online Store Website for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Seller, and their use may be performed only in the manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.
4) In order to place an order in the Online Store via the Online Store Website and to use the services provided electronically via the Online Store Website, it is necessary for the Customer to have an active e-mail account.
5) It is forbidden for the Customer to provide unlawful content and to use the Internet Store, the Internet Store's Website or free services provided electronically by the Seller in a manner contrary to the law, morality or violating personal rights of third parties.
6) The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying the Customers' data by unauthorised persons, therefore the Customers should use appropriate technical measures to minimise the aforementioned risks. In particular, they should not share passwords with third parties, they should use anti-virus and identity protection software when using the Internet. The Vendor shall never ask the Customer to share the Password in any form.
7) It is not permissible to use the resources and functions of the Online Shop for the purpose of carrying out activities by the Customer that would harm the interests of the Seller.
§ 3 Registration- conclusion of a service agreement for the provision of a Customer Account
1) In order to create a Customer Account, the Customer is obliged to make a free Registration.
2) Registration is not necessary to place an order in the Online Shop.
3) For Registration, the Customer should fill in the registration form made available by the Seller on the Shop's Website and send the completed registration form electronically to the Seller by selecting the appropriate function located in the registration form. During Registration, the Customer sets an individual Password.
6) The Customer's consent to the processing of his/her personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the service consisting in maintaining a Customer Account. Consent may be withdrawn at any time by submitting an appropriate declaration of the Customer to the Seller. The declaration may, for example, be sent to the Seller's address via e-mail.
7) After submitting the completed registration form, the Customer shall immediately receive, by e-mail to the e-mail address provided in the registration form, a confirmation of the Registration by the Seller. At this moment, the agreement on electronic provision of services consisting in maintaining the Customer's Account is concluded, and the Customer obtains the possibility to access the Customer's Account and make changes to the data provided during the Registration.
§ 4 of the Order
1) The information contained on the Store's Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to place Orders.
2) The Customer may place Orders from the Online Store via the Store Website 7 days a week, 24 hours a day.
3) The Customer placing an Order via the Store Website, completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting the "ADD TO CART" command under the given Goods presented on the Store's Website. After completing the entire order and indicating the delivery method and the form of payment in the "CART", the Customer places the Order by sending the Order form to the Seller, selecting the "Order with obligation to pay" button on the Store's Website. Each time before sending the Order to the Seller, the Customer is informed of the total price for the chosen Goods and their delivery, as well as all additional costs he/she is obliged to incur in connection with the Sales Contract.
4) Placing an Order constitutes an offer by the Customer to the Seller to conclude a Contract of Sale for the Goods which are the subject of the Order.
5) Once an Order has been placed, the Seller sends a confirmation of the Order to the email address provided by the Customer.
6) Subsequently, after confirmation of the Order placement, the Seller sends information on acceptance of the Order for execution to the e-mail address provided by the Customer. The information on acceptance of the Order for execution is the Seller's statement of acceptance of the offer referred to in §4.4 above and upon its receipt by the Customer the Contract of Sale is concluded.
7) After concluding the Contract of Sale, the Seller confirms its terms and conditions to the Customer by sending them on a durable medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or Order placement.
§ 5 Payment
1) The prices on the Website of the Store placed next to the given Goods are gross prices and do not include information on the costs of transport of the Goods and any other costs which the Customer will be obliged to incur in connection with the Sales Agreement, of which the Customer will be informed when choosing the method of shipment and placing the Order.
2) The Customer may choose the following forms of payment for the ordered Goods:
a. bank transfer to the Seller's bank account (in this case the processing of the Order will begin after the Seller has sent the Customer a confirmation of acceptance of the Order and after the funds have been credited to the Seller's bank account);
b. payment card or bank transfer through an external payment system przelewy24.pl, operated by PayPro S. A. with its registered seat in Poznań (in this case the processing of the Order will commence after the Seller has sent the Customer a confirmation of acceptance of the Order and after the funds have been credited to the Seller's bank account);
c. cash on delivery, payment by the supplier upon receipt of the Goods (in this case the processing of the Order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the Order).
3) The Customer should make payment for the Order in the amount resulting from the concluded Contract of Sale within 7 Working Days if he/she has chosen the form of prepayment.
4) In the event of the Customer's failure to make the payment within the time limit referred to in §5.3 of the Terms and Conditions, the Seller shall set an additional time limit for the Customer to make the payment and inform the Customer about it on a durable medium. The information about the additional time limit for payment shall also include information that upon ineffective lapse of the additional time limit, the Seller shall terminate the Sales Agreement. In the event that the second deadline for payment expires ineffectively, the Seller shall send the Customer a statement of withdrawal from the contract on a durable medium pursuant to Article 491 of the Civil Code.
§ 6 Shipping of Goods
1) The Seller sends the Goods to the address located in the territory of the Republic of Poland.
2) The Seller is obliged to deliver the Goods being the subject of the Sales Contract without defects.
3) The Seller publishes information on the Website of the Store about the number of working days needed to dispatch the Goods and the time of transport of the Goods (fulfilment of the Order). 4) The date of dispatch of the Goods and the time of transport (fulfilment of the Order) indicated on the Store's Website is calculated in Working Days in accordance with §5.2 of the Regulations.
5) Ordered Goods are dispatched to the Customer via a postal operator (courier company) selected by the Customer from those indicated on the Store's Website to the address indicated in the Order form.
6) If the Customer chooses the services of InPost Paczkomaty Sp. z o.o. with its registered office in Kraków, the address to which the Goods will be sent will be the address of the parcel machine chosen by the Customer when placing the Order.
7) On the day of dispatch of the Goods to the Customer, information confirming dispatch of the parcel containing the Goods by the Seller is sent to the Customer's e-mail address.
8) The Customer is obliged to examine the delivered parcel at the time and in the manner usual for parcels of a given type. If any defect or damage to the consignment is found, the Customer has the right to request an employee of the postal operator (courier company) to draw up an appropriate protocol.
9) In the event of the Customer's absence at the address provided by the Customer when placing the Order, an employee of the postal operator (courier company) will leave an advice note or attempt to contact the Customer by telephone to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Shop by the postal operator (courier company) , the Seller will contact the Customer by e-mail or telephone, setting again with the Customer the date and cost of dispatch and transport of the purchased Goods.
10) At the moment of delivery of the Goods by the Seller to the postal operator (courier company), the benefits and burdens related to the Goods and the danger of accidental loss or damage to the Goods are transferred to the Customer who is not a Consumer or an Entrepreneur on the rights of a Consumer. The Seller in such a case shall not be liable for any loss, loss or damage to the Goods arising from acceptance for dispatch until delivery to the Customer and for any delay in the carriage of the consignment.
11) If the Product is sent to the Customer via a postal operator (courier company), the Customer who is not a Consumer or an Entrepreneur on the rights of a Consumer is obliged to examine the consignment in the time and manner usual for consignments of this kind. If he finds that the Goods have suffered loss or damage during transport, he is obliged to perform all actions necessary to establish the responsibility of the postal operator (courier company).
§ 7 Warranty
1) The Seller shall ensure Delivery of Goods free from physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
2) On the basis of Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a Consumer or who is not an Entrepreneur on the rights of a Consumer is excluded.
3) If the Goods have a defect, the Customer may:
a. make a declaration to reduce the price or withdraw from the Sales Agreement, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to satisfy the obligation to replace the Goods with defect-free Goods or remove the defects. The Customer may, instead of rectification of defects proposed by the Seller, demand replacement of the Goods with defect-free Goods or, instead of replacement of the Goods, demand rectification of defects, unless bringing the Goods into conformity with the agreement in a manner selected by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessiveness of the costs, the value of the Goods free from defects, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which the Customer would be exposed by another way of satisfaction.
b. demand to replace the defective Goods with defect-free Goods or to remove the defect. The Seller shall be obliged to replace the Defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience for the Customer. The Seller may refuse to satisfy the Customer's request if bringing the Defective Goods to conformity with the Sales Agreement in a manner selected by the Customer is impossible or would require excessive costs in comparison with the other possible manner of bringing them to conformity with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
4) The Customer who exercises the warranty rights is obliged to deliver the defective goods to the Seller's address and at the Seller's expense.
5) The Seller shall be liable under the warranty if a physical defect is found before the expiry of two years from the release of the Goods to the Customer. The claim for rectification of the defect or replacement of the Goods with defect-free Goods shall be time-barred with the lapse of one year, but this period shall not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Contract of Sale or make a declaration of price reduction due to a defect in the Goods. If the Customer has requested replacement of the Goods with defect-free ones or removal of the defect, the time limit for withdrawal from the Contract of Sale or submission of a statement of price reduction shall commence upon the ineffective expiry of the time limit for replacement of the Goods or removal of the defect.
6) A trader on the rights of a consumer loses his warranty rights if he has not inspected the Goods within three days of their receipt and has not immediately notified the Seller of the defect, and if the defect only came to light later - if he has not notified the Seller within three days after its discovery. Sending notice of the defect before the expiry of this period shall be sufficient to meet the above deadline
7) Any complaints related to the Goods or the performance of the Sales Agreement, the Customer may send: in writing to the Seller's address (ul. Sikorki 17, 31-589 Kraków) or electronically via e-mail to: email@example.com.
8) The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint of the Goods or the complaint related to the performance of the Sales Contract submitted by the Customer.
9) The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted electronically and sent to firstname.lastname@example.org. The Customer should include a description of the problem in the complaint. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the Customer with a reply.
10) The Seller 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.
§ 8 Warranty
1) Goods sold by the Seller may be covered by a warranty provided by the manufacturer of the Goods or a distributor.
2) In the case of Goods covered by a guarantee, information on the existence and content of the guarantee is presented each time on the Website of the Store.
§ 9 Withdrawal from the Contract of Sale
1) A Customer who is a Consumer, or an Entrepreneur with the rights of a Consumer who has concluded a Sales Contract, may withdraw from it within 14 days without giving any reason.
2) The period for withdrawal from the Contract of Sale starts from the moment the Goods are taken into possession by the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer.
3) The Consumer/Entrepreneur on the rights of the Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This declaration may be made in any form, for example: in writing to the Seller's address or by e-mail to the Seller's e-mail address. The declaration can be made on a form, the template of which has been provided by the Seller on the Shop's Website at the following address: Withdrawal form or via the Shop's Website - after logging into the Customer's Account by sending the Return Document. To meet the deadline it is sufficient to send the declaration before its expiry. The Seller shall immediately acknowledge to the Consumer / Entrepreneur on the rights of the Consumer the receipt of the form submitted via the Website.
4) In the event of withdrawal from the Sales Contract, it shall be considered not concluded.
5) If the Consumer/Entrepreneur on the rights of the Consumer has made a declaration of withdrawal from the Contract of Sale before the Seller has accepted his offer, the offer ceases to be binding.
6) The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the statement of the Consumer/Entrepreneur on the rights of the Consumer to withdraw from the Sales Contract, return to him all payments made by him, including the cost of Delivery of the Goods to the Consumer/Entrepreneur on the rights of the Consumer. The Seller may withhold reimbursement of payments received from the Consumer/Entrepreneur in rights of the Consumer until it has received the Goods back or the Consumer/Entrepreneur in rights of the Consumer has provided proof of return of the Goods, whichever event occurs first.
7) If the Consumer/Entrepreneur on the rights of the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller shall not be obliged to reimburse the additional costs incurred by the Consumer/Entrepreneur.
8) The Consumer/Entrepreneur on the rights of the Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the day on which he/she withdrew from the Sales Contract. To meet the deadline it is sufficient to send the Goods back to the Seller's address before the expiry of this period.
9) In the event of withdrawal from the Contract of Sale, the Consumer/Entrepreneur on the rights of the Consumer shall bear only the direct costs of returning the Goods.
10) If, due to its nature, the Goods cannot be sent back in the usual way by post, the Seller shall inform the Consumer/Entrepreneur on the Consumer's rights about the costs of returning the Goods on the Shop's Website.
11) The Consumer/Entrepreneur on the rights of the Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
12) The Seller shall refund the payment using the same method of payment used by the Consumer/Consumer Rights Holder unless the Consumer/Consumer Rights Holder has expressly agreed to a different method of refund that does not incur any costs for him/her.
13) The right of withdrawal from a Contract concluded at a distance (including a Sales Contract) shall not apply to the Consumer/Entrepreneur on the rights of the Consumer in respect of contracts: (1) for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer/Entrepreneur with rights of the Consumer, who has been informed before the performance starts 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 expiry of the deadline for withdrawal; (3) in which the subject of performance is a non-refabricated product, manufactured to the Consumer's specifications or serving to meet his individual needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of performance is a Product supplied 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 of performance is a Product which after delivery, due to its nature, is inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Contract, 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 Consumer/entrepreneur on the right of the Consumer expressly requested that the Seller come to him/her for the purpose of carrying out urgent repair or maintenance; if the Seller provides additional services other than those which the Consumer/entrepreneur on the right of the Consumer requested to perform, or provides Products other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal shall be vested in the Consumer/entrepreneur on the right of the Consumer in respect of additional services or Products; (9) where the subject matter of the supply is sound or visual recordings or computer programs supplied 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 means of a public auction; (12) for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract stipulates the date 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 express consent of the Consumer/Entrepreneur on the rights of the Consumer before the expiry of the withdrawal period and after the Seller has informed the Consumer of the loss of the right of withdrawal.
§ 10 Services provided electronically - free of charge
1) The Seller provides to the Customers, by electronic means, free of charge services:
a. Contact form;
c. Recommend to a friend;
d. Maintenance of the Customer Account;
e. Posting of opinions (blog).
2) The services indicated in §10(1) above shall be provided 7 days a week, 24 hours a day.
3) The Seller reserves the right to choose and change the type, forms, time and manner of granting access to selected listed services, of which it will inform the Customers in a manner appropriate for the change of the Terms and Conditions.
4) Service: Contact Form consists of sending a message to the Seller using a form placed on the Store's Website.
5) Cancellation of the service: Contact Form, is possible at any time and consists in ceasing to send requests to the Vendor.
6) The Newsletter service may be used by each Customer who enters his/her e-mail address using the registration form made available by the Vendor on the Website of the Store. Upon submitting the completed registration form, the Customer shall immediately receive an activation link via e-mail to the e-mail address provided in the registration form to confirm subscription to the Newsletter. Upon activation of the link by the Customer, the Newsletter service agreement is concluded electronically. The Customer may additionally, during the Registration, tick an appropriate box in the Registration form in order to subscribe to the Newsletter service.
7) Newsletter service consists in sending by the Seller, to the e-mail address, an electronic message containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed.
8) Each Newsletter addressed to the Customers in question contains, in particular: information about the sender, filled in "subject" field, defining the content of the mail and information about the possibility and manner of resignation from the free Newsletter service.
9) The Customer may, at any time, unsubscribe from the Newsletter by means of a link provided in each email sent as part of the Newsletter service or by deactivating the relevant field in the Customer Account.
10) Service: Recommend to a friend consists in the Seller enabling the Clients to send an electronic message concerning the Goods selected by them to a friend. Before sending the message, the Customer specifies the Goods to be recommended and then, through the "Recommend to a friend" function, fills in the form by providing his/her e-mail address and the e-mail address of the friend to whom he/she wishes to recommend the selected Goods. The Customer may not use this service for any other purpose than to recommend the chosen Goods. The Customer shall not receive any remuneration or other type of benefit for using the subject service.
11) Cancellation of the service: Refer a friend, is possible at any time and consists in ceasing to send referrals of selected products to the Customer's friends.
12) The service of maintaining a Customer Account is available after registration on the principles described in the Rules and Regulations and consists in providing the Customer with a dedicated panel within the Shop's Website, allowing the Customer to modify the data he/she provided during Registration, as well as to track the status of orders and the history of orders already completed.
13) A Customer who has made a Registration may submit a request for deletion of the Customer's Account to the Seller, however, in the event of a request for deletion of the Customer's Account by the Seller, it may be deleted up to 14 days from the date of the request.
14) Service: Posting opinions consists in enabling the Seller, Customers who have a Customer Account, to publish on the Website of the Store individual and subjective statements of the Customer concerning, in particular, the Goods.
15) Cancellation: Posting of opinions is possible at any time and consists in the discontinuation of the content posted by the Customer on the Store Website.
16) The Seller is entitled to block access to the Customer's Account and free services in the event of the Customer acting to the detriment of the Seller or other Customers, the Customer's violation of the law or the provisions of the Terms and Conditions, as well as when blocking access to the Customer's Account and free services is justified for security reasons - in particular: the Customer's breaking the security of the Store's Website or other hacking activities. Blocking access to the Customer's Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer's Account and free services. The Seller shall notify the Customer of the blocking of access to the Customer's Account and free services by e-mail to the address provided by the Customer in the registration form.
§ 11 Client's responsibility regarding content posted by the Client
1) By posting content and making it available, the Customer is voluntarily distributing content. The content posted does not express the views of the Seller and should not be equated with the Seller's business. The Vendor is not a content provider, but only an entity that provides the relevant ICT resources for this purpose.
2) The Customer declares that:
a. is entitled to use the author's economic rights, industrial property rights and/or related rights to - respectively - works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that comprise the content;
b. placing and making available within the scope of the services referred to in §10 of the Terms and Conditions personal data, image and information concerning third parties took place legally, voluntarily and with the consent of the persons concerned;
c. consents to the review of the published content by other Customers and the Seller, as well as authorises the Seller to use it free of charge in accordance with the provisions of the Terms and Conditions;
d. agrees to develop works within the meaning of the Act on Copyright and Related Rights.
3) The Customer is not entitled to:
a. to post, as part of the use of the services referred to in §10 of the Terms and Conditions, the personal data of third parties and to distribute the image of third parties without the legally required permission or consent of the third party;
b. to place, as part of the use of the services referred to in §10 of the Regulations, content of an advertising and/or promotional nature.
4) The Seller is not responsible for the content posted by the Customers.
5) It is forbidden for the Customers to post, as part of the use of the services referred to in §10 of the Terms and Conditions, content which could, in particular:
a. be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
b. infringe any third party's rights, including rights related to the protection of copyright and related rights, the protection of industrial property rights, business secrets or having to do with confidentiality obligations;
c. have an offensive character or constitute a threat directed to other persons, contain vocabulary violating good morals (e.g. through the use of vulgarisms or expressions commonly regarded as offensive);
d. be contrary to the interests of the Seller;
6) In the event of receipt of a notification in accordance with §12 of the Terms and Conditions, the Seller reserves the right to modify or remove content posted by Customers as part of their use of the services referred to in §10 of the Terms and Conditions, in particular with regard to content which, based on reports from third parties or the relevant authorities, has been found to be in breach of these Terms and Conditions or applicable laws. The Seller shall not conduct an ongoing control of the posted content.
7) The Customer agrees that the Seller may use the content posted by the Customer as part of the Store Website free of charge.
§ 12 Reporting a threat or violation of rights.
1) In the event that the Customer or any other person or entity considers that the content published on the Store's Website violates their rights, personal rights, decency, feelings, morals, beliefs, principles of fair competition, know-how, secrets protected by law or by obligation, they may notify the Seller of the potential violation.
2) The Seller notified of a potential infringement, shall take immediate action to remove from the Store Website, the content causing the infringement.
§ 13 Personal data protection
§ 14 Termination of Agreement (not applicable to Sales Agreements)
1) Both the Customer and the Seller may terminate any contract for the provision of services by electronic means at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned contract and the provisions below.
2) The Customer who has performed the Registration shall terminate the agreement for the provision of services by electronic means by sending to the Seller an appropriate declaration of intent, using any means of remote communication allowing the Seller to become acquainted with the Customer's declaration of intent.
3) The Seller terminates the agreement for the provision of services by electronic means by sending an appropriate declaration of intent to the Customer at the e-mail address provided by the Customer during Registration.
§ 15 Seller's liability, out-of-court complaint and redress procedures and rules of access to these procedures
1) The Seller shall be liable for non-performance or undue performance of the contract, whereby in the case of contracts concluded with Customers who are not Consumers or Entrepreneurs on the rights of Consumers, the Seller shall only be liable in the event of intentional damage, and this liability shall be limited - both as part of a single claim as well as for all claims, in aggregate, to the amount of the price paid and the delivery costs under the Contract of Sale.
2) If a dispute arises under the concluded Contract of Sale, the parties will seek to resolve the matter amicably. Polish law shall govern all disputes arising under these Terms and Conditions.
3)A Customer who is a Consumer may make use of out-of-court complaint and claim procedures. Detailed conditions for access to these procedures are available at the offices and websites of county (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php, http://www.uokik.gov.pl/sprawy_indywidualne.php, http://www.uokik.gov.pl/wazne_adresy.php. Proceedings are conducted by authorised entities entered in the register kept by the President of the Office of Competition and Consumer Protection (http://www.polubowne.uokik.gov.pl/download/rejestr_podmiotow.xlsx ) There is a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: email@example.com or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, inter alia, to provide information on matters concerning out-of-court settlement of consumer disputes
4) A platform for online dispute resolution between consumers and traders at EU level (ODR platform - Online Dispute Resolution) is available at http://ec.europa.eu/consumers/odr/. The ODR platform is an interactive and multilingual website providing a single point of access for consumers and traders wishing to resolve disputes out of court. Through it, it is possible to lodge a complaint about goods or services purchased online, both domestically and internationally. This is done by filling in an electronic form and finding the right entity to resolve the dispute. Detailed information can be found on the website of the platform itself or at the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php)
§ 16 Final provisions, amendment of the Rules
1) The content of the Terms and Conditions may be recorded by printing, saving to a medium or downloading at any time from the Store's Website.
2) The Seller reserves the right to change these Terms and Conditions for important reasons, such as: organisational or legal changes on the Seller's side, change of the law, change of the payment and delivery methods, change of the functionality of the Store's Website , to the extent that these changes affect the implementation of the provisions of the Terms and Conditions.
3) In the case of conclusion of continuous agreements based on these Terms and Conditions (services provided electronically - newsletter, maintenance of the Customer's Account), the amended Terms and Conditions are binding for the Customer if the requirements specified in art. 384 and 3841 of the Civil Code have been complied with, i.e. the Customer has been notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification.
4) The amended terms and conditions of the Terms and Conditions will be communicated to the Customers by making their content available on the Website of the Store. In addition, the Seller shall inform the Customer having a Customer Account of the amended Terms and Conditions via a message sent to the e-mail address provided by the Customer when creating a Customer Account or subsequently amended, containing a link to the text of the amended Terms and Conditions.
5) In the case of conclusion of a Sales Agreement or any other agreement of a non-continuous nature on the basis of the Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the rights acquired by the Customers 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 Agreements concluded, performed or executed.
6) In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344) and the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended).
7) Regulations in the version in force from 01.01.2021.