submit a statement on reduction of the price or rescission of the Contract of Sale, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a non-defective one or removes the defect.
This limitation shall not apply if the Product has already been replaced or repaired by the Seller, or if the Seller failed to fulfil the obligation to replace the Product with a non-defective one or to remove the defect. The Customer may demand replacement of the Product with a non-defective one instead of removal of the defect proposed by the Seller, or demand removal of the defect instead of replacement of the Product, unless making the Product compliant with the contract in a manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by the Seller. When assessing if the costs are excessive, one shall take into account the value of the Product free from defects, the type and importance of the discovered defect, as well as the inconvenience experienced by the Customer in the event of other manner of satisfaction of the claim.
demand replacement of the defective Product with a non-defective one or removal of defect. The Seller shall replace the defective Product with a non-defective one or remove the defect within a reasonable time without excessive inconvenience to the Customer.
The Seller may refuse to fulfil the Customer's demand if making the defective Product compliant with the Contract of Sale in the manner selected by the Customer is impossible, or would require excessive costs as compared to the other possible manner of making the Product compliant with the Contract of Sale. The cost of repair or replacement shall be incurred by the Seller.
3. The Customer exercising the rights under the implied warranty shall deliver the defective product to the Seller's address. If the Customer is a Consumer the delivery cost shall be incurred by the Seller.
4. The Seller shall be liable under the implied warranty if a physical defect is discovered before two years pass since release of the Product to the Customer. The claim for removal of defect or replacement of the Product with a non-defective one shall be barred by the statute of limitations after one year, however such time-limit may not end before a time-limit specified in the first sentence. Within this time-limit the Customer may rescind the Contract of Sale or submit a statement on reduction of the price due to defect of the Product. If the Customer demanded replacement of the Product with a non-defective one or removal of the defect, the time-limit for rescission of the Contract of Sale or submission of the statement on reduction of the price shall start running upon expiry of the time-limit for replacement of the Product or removal of the defect.
5. Any complaints related to the Product(s) or performance of the Contract of Sale may be submitted by the Customer in writing to the Seller's address.
6. The Seller shall within 14 days from the date of demand containing the complaint express his opinion on the complaint regarding the Product(s) or performance of the Contract of Sale submitted by the Customer.
7. The Customer may file a complaint to the Seller in connection with free electronic services provided by the Seller. The complaint may be sent in an electronic form to the address email@example.com. In the complaint the Customer shall include a description of the problem. The Seller shall immediately, however not later than within 14 days, consider the complaint and respond to the Customer.
Article 8 - Guarantee
1. The Products sold by the Seller may be covered by a guarantee granted by the producer or distributor of the Products.
2. In the case of the Products covered by a guarantee, information regarding the existence and content of the guarantee shall be always presented on the Shop Website.
Article 9 - Rescission of the Contract of Sale
1. The Customer being the Consumer, who concluded the Contract of Sale, may within 14 days rescind the Contract of Sale without giving any reasons.
2. The time-limit for rescission of the Contract of Sale shall start running as from the moment the Customer takes the possession of the Product.
The statement may be submitted on the form, the template of which is provided by the Seller on the Shop Website: Rescission form
. In order to comply with this time-limit, it is enough to send a statement before the lapse thereof.
The Customer may rescind the Contract of Sale by submitting a statement on rescission via the form made available on the website: Electronic Rescission
form. In order to comply with this time-limit, it is enough to send a statement before the lapse thereof. The Seller shall immediately confirm to the Customer the receipt of the form submitted via the website.
3. In the case of rescission of the Contract of Sale, the contract shall be treated as if it had never been concluded.
4. If the Customer submits the statement on rescission of the Contract of Sale before the Seller accepts the Customer's offer, the offer ceases to be binding.
5. The Seller shall immediately, not later than within 14 days from the date of receipt of the Customer's statement on rescission of the Contract of Sale, return to the Customer all payments made by the Customer, including the costs of delivery of the Product to the Customer. The Seller may withhold reimbursement of the amounts paid by the Customer until receipt of the returned Product or delivery by the Customer of a proof of sending the Product, whichever occurs earlier.
6. If the Customer exercising the right of rescission selects the method of the Delivery of the Product other than the cheapest ordinary Delivery method offered by the Seller, the Seller shall not be obliged to reimburse to the Customer the additional costs incurred by the Customer.
7. The Customer shall return the Product to the Seller immediately, however not later than within 14 days from the date of rescission of the Contract of Sale. To abide by the deadline, it is enough to send the Product to the Seller's address before expiry of such deadline.
8. In the event of rescission the Customer shall only incur the direct costs of returning the Product.
9. If, due to its nature, the Product cannot be sent back by traditional mail, the Seller shall inform the Customer about the costs of returning such Product on the Shop Website.
10. The Customer shall bear liability for decrease of the value of the Product as a result of use thereof outside the manner necessary to determine the nature, features and functioning of the Product.
11. The Seller shall reimburse the payment using the same method of payment as the one used by the Customer, unless the Customer expressly agrees to other method of reimbursement which does not entail any costs for the Customer.
12. The right to rescind the Contract of Sale is not vested in the Customer being a Consumer as regards contracts in the case of which the Product is a product which is liable to deteriorate or expire rapidly.
13. The right to rescind the Contract of Sale is not vested in the Customer being the Consumer as regards to contracts in the case of which the Product is a product delivered in a sealed package which cannot be returned after opening the package due to health protection or hygienic reasons, if the package was opened after delivery.
14. The right to rescind the Contract of Sale is not vested in the Customer being a Consumer as regards contracts for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
Article 10 - Free Services
1. The Seller renders the following free electronic services to Customers:
Customer Account service;
2. The services specified in Article 10.1 above shall be provided 24 hours a day, 7 days a week.
3. The Seller reserves the right to choose and change the type, form, time and method of providing access to some of these services, and shall inform the Customer thereof in a manner appropriate to amend the Regulations.
4. The Newsletter service shall be available to every Customer who enters his/her e-mail address by means of the registration form made available via the Shop Website by the Seller. After sending the completed registration form, the Customer shall promptly receive the Seller's confirmation by e-mail, to the address provided in the registration form. At that time the contract for the provision of electronic Newsletter services is concluded.
During the Registration, the Customer may additionally mark a relevant field in the registration form in order to subscribe for the Newsletter service.
5. The Newsletter is a service thanks to which the Seller is sending information by electronic mail, about new products or services offered by the Seller. The Newsletter shall be sent by the Seller to all Customers who have subscribed.
6. Every Newsletter addressed to given Customers shall include, in particular: information about the sender, completed field "subject" specifying the content and information about the possibility and manner of unsubscribing from the free service Newsletter.
7. The Customer may at any time resign from receiving the Newsletter by opting out of the subscription using a link contained in each e-mail sent under the Newsletter service, or by activating a relevant box in the Customer Account.
8. The Customer Account service is available after the Registration on terms described in the Regulations and consists of making available to the Customer a dedicated panel within the Shop Website enabling the Customer to modify data provided upon the Registration, as well as to track the status of orders and history of already fulfilled orders.
9. The Customer who made the Registration may submit to the Seller a request for deletion of the Customer Account wherefore in the event of submission to the Seller of a request for deletion of the Customer Account, such account may be deleted not later than within 14 days from submission of the demand.
10. The service "Opinions" consists in the Seller enabling the Customers with the Customer Account to publish on the Shop Website individual and subjective opinions of the Customer, in particular relating to the Products.
11. It is possible to unsubscribe from the free service Opinions at any time by discontinuing publishing contents by the Customer on the Shop Website.
12. The Seller shall be entitled to block access to the Customer Account and to free services in the event the Customer acts to the detriment of the Seller or other Customers, breaches the law or the Regulations, as well as if blocking access to Customer Account and free services is justified on the grounds of safety, in particular: overcoming securities of the Shop Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above mentioned reasons shall last for a period necessary to resolve issues giving rise to blocking the access. The Seller shall notify the Customer about blocking the access to the Customer Account and free electronic services by e-mail sent to the address provided by the Customer in the registration form.
Article 11 - The Customer's responsibility within the scope of posted contents
1. Posting content and making it available, the Customer makes a voluntary dissemination of content. Posted content does not express the views of the Seller and should not be equated with its activities. Seller is not a content provider, and the only entity that provides for this purpose appropriate ICT resources.
2. A Customer declares that:
He/she is entitled to use copyrights, industrial property rights and/or related rights to – respectively – works, subjects of industrial property rights (e.g. trademarks) and/or related rights that constitute contents published by him/her;
states that personal data, images and information relating to third parties were posted and made available within the scope of services referred to in Article 10.1 legally, voluntarily and with the consent of persons to whom they refer;
agrees to access to the published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
He/she agreed on adaptation of work within the meaning of the Act on copyrights and related rights.
3. The customer is not authorized to:
post, in connection with the use of services referred to in Article 10.1, personal data of third parties and to distribute images of third parties without the legally required permission or consent of third parties;
post, in connection with the use of services referred to in Article 10.1, advertising and/or promotional content.
4. The Seller shall be responsible for content posted by the Customers on condition that it receives notification in accordance with Article 12 of the Regulations.
5. In connection with the use of services referred to in Article 10.1, the Customers must not post content that might, in particular:
be published in bad faith, e.g. with an intention to breach personal rights of third parties;
violate any rights of third parties, including rights related to protection of copyrights and related rights, protection of industrial property rights, trade secret or related to any confidentiality obligations;
be offensive or constitute a threat addressed to other persons, or contain the vocabulary that violates good customs (e.g. by using vulgar terms or expressions that are commonly regarded as offensive);
Be contradictory to the Seller interests;
violate other provisions of the Regulation, good practices, applicable legal provisions and social or moral norms.
6. In the case of receiving notification in accordance with Article 12 of the Regulations, the Seller reserves the right to modify or delete content posted by the Customers within the scope of their use of services referred to in Article 10.1, particularly with regard to contents which were found to constitute a potential infringement of these Regulations or applicable provisions of law on the basis of reports from third parties or relevant authorities. The Seller does not control posted contents on an on-going basis.
7. The Customer authorises the Seller to use free of charge the content posted by the Customer within the Shop Website.
Article 12 - Reporting threats and law contraventions
1. If a Customer or another person or entity believes that contents published on the Webpage violates their rights, personal rights, good practices, feelings, morality, beliefs, fair competition rules, know-how, a secret protected by law or liability, they should notify the Seller on such alleged violation.
2. While having been notified on an alleged violation, the Seller shall undertake activities aimed at deletion of violating contents from the Shop Website.
Article 13 - Personal data protection
1. The Seller shall be a controller of the Customer personal data voluntarily provided to the Seller under the Registration, when placing a single order, and within the provision of electronic services by the Seller or in other circumstances specified in the Regulations.
2. The Seller processes the Customer personal data for the purposes of fulfilment of orders, provision by the Seller of services by electronic means, and other purposes specified in the Regulations. Data are processed only pursuant to the provisions of law or the consent expressed by the Customer in accordance with the legal provisions in force.
3. The set of personal data provided to the Seller shall be reported by the Seller to the Inspector General for Personal Data Protection.
4. Personal data delivered to the Seller are submitted freely, provided, however, that non-submission of data set out in the Regulations in the process of Registration shall prevent Registration and establishment of the Customer Account and shall prevent submission and fulfilment of the Customer order, in the case of making orders without Registration of the Customer Account.
5. Anyone who transfers his/her personal data to the Seller shall have the right of access to their content and the right to correct it.
6. The Seller shall allow removal personal data from the data set, in particular if the Customer Account is deleted. The Seller may refuse to remove personal data if the Customer fails to pay all amounts owed to the Seller or violates applicable law, and keeping the personal data is necessary to explain the circumstances and determine the liability of the Customer.
7. The Seller shall protect the transferred personal data and shall make every effort to secure them against unauthorised access or use.
8. The Seller shall transfer the Customer's personal data to the Supplier in the scope necessary for execution of Delivery.
Article 14 - Termination of the contract (not applicable to Contracts of Sale)
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other Party before termination of the above-mentioned agreement and the provisions below.
2. The Customer, who has registered, may terminate the contract for the provision of electronic services by demanding the Seller to remove the Customer Account, using any means of distance communication, allowing the Seller to become acquainted with the Customer's declaration of intent.
3. The Seller may terminate the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during Registration.
Article 15 - Final provisions
1. The Seller shall be liable for non-performance or improper performance of the contract but, in the case of contracts with the Customers being Entrepreneurs, the Seller shall be liable only for deliberate damage and within the limits of losses actually incurred by the Customer being the Entrepreneur.
2. The contents of these Regulations may be recorded by being printed, copied to a storage device or downloaded at any time from the Shop Website.
3. In the event of a dispute related to the concluded Contract of Sale, the parties shall seek to resolve the matter amicably. The Polish law shall be applicable to settlement of any disputes arising under these Regulations.
4. Every Customer may use non-judicial complaint and redress mechanisms. The Customer may use mediation in this scope. Lists of permanent mediators and existing mediation centres are provided and made available by the Presidents of competent regional courts. The Customer who is a consumer can also use extrajudicial methods of complaint and redress. This is possible by giving the consumer a complaint via the EU's Internet platform ODR available at: http://ec.europa.eu/consumers/odr/
5. The Seller reserves the right to amend these Regulations. All orders accepted by the Seller prior to entry into force of the new Regulations shall be delivered based on the Regulations in force at the date of placing the order by the Customer. The amended Regulations shall enter into force within 7 days from the date of publication thereof on the Shop Website. The Seller shall inform the Customer 7 days before entry into force of the new Regulations about the amendment to the Regulations by email, including a link to the contents of the amended Regulations. If the Customer does not accept the new contents of the Regulations, the Customer shall notify the Seller about this fact, which shall result in termination of the contract in accordance with the provisions of article Article 14.
6. The Regulations shall come into force on 14.08.2016.