pl
en
The Online Store www.nartyok.pl respects consumer rights. Consumers cannot waive their rights granted under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place, the provisions of the Consumer Rights Act apply. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under mandatory legal provisions, 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 above-mentioned provisions, these provisions take precedence and shall apply.
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS FOR CONCLUDING SALES AGREEMENTS
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT
- PRODUCT COMPLAINT
- OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS AND RULES FOR ACCESSING THESE PROCEDURES
- RIGHT TO WITHDRAW FROM THE CONTRACT
- PROVISIONS CONCERNING ENTREPRENEURS
- FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. The Online Store available at www.nartyok.pl is operated by Tomasz Kopeć conducting business under the name Kraft Sport Tomasz Kopeć, entered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for the economy, having: business address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław county, LOWER SILESIAN voivodeship, NIP 8971145633, REGON 932936154, email address: info@nartyok.pl, and delivery address ul. Wyścigowa 46, 53-012 Wrocław, Wrocław county, Lower Silesian voivodeship
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store (except for section 9 of the Terms and Conditions, which is addressed exclusively to entrepreneurs).
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Service Provider. Personal data is processed for purposes, to the extent and based on the principles indicated in the privacy policy published on the Online Store pages. Providing personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to access their 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 enabling the creation of an Account.
1.4.3. ORDER FORM — Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic cart and determining the conditions of the Sales Agreement, including the method of delivery and payment.
1.4.4. CLIENT — (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 entity; or (3) an organizational unit without legal personality, 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 1964 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 Service Recipient, where data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
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 from the Service Provider cyclical content of subsequent newsletter editions containing information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT — a movable item available in the Online Store that is the subject of a Sales Agreement between the Client and the Seller.
1.4.9. TERMS AND CONDITIONS — these terms and conditions of the Online Store.
1.4.10. ONLINE STORE - the Service Provider's online store available at: www.nartyok.pl.
1.4.11. SELLER; SERVICE PROVIDER — Tomasz Kopeć conducting business under the name Kraft Sport Tomasz Kopeć entered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for the economy, having: business address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław county, LOWER SILESIAN voivodeship, NIP 8971145633, REGON 932936154, email address: info@nartyok.pl, and delivery address ul. Wyścigowa 46, 53-012 Wrocław, Wrocław county, LOWER SILESIAN voivodeship
1.4.12. SALES AGREEMENT — a product sales agreement concluded or being concluded between the Client and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE — a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT — (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 entity; or (3) an organizational unit without legal personality, 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 - a declaration of will of the Client submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account — using the Account is possible after the Service Recipient performs two consecutive steps — (1) filling in the Registration Form, (2) clicking the "Create account" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: first and last name/company name, e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: info@nartyok.pl or in writing to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław county, LOWER SILESIAN voivodeship.
2.1.2. Order Form — the use of the Order Form begins when the Client adds the first Product to the electronic cart in the Online Store. Placing an Order is done after the Client performs two consecutive steps — (1) after filling in the Order Form and (2) clicking on the "Confirm purchase" field on the Online Store page after filling in the Order Form — until then it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store page). In the Order Form, it is necessary for the Client to provide the following data regarding the Client: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Clients who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.2.1. The Electronic Order Form Service is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Service Recipient ceases to place the Order through it.
2.1.3. Newsletter — using the Newsletter is done by providing in the "Newsletter" tab visible on the Online Store page the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account — upon creation of the Account, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: info@nartyok.pl or in writing to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław county, LOWER SILESIAN voivodeship.
2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling the option to save Cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for personal goods and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data in accordance with the facts. The Service Recipient is prohibited from providing content of an illegal nature.
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 has been indicated in section 6 of the Terms and Conditions) may be submitted by the Service Recipient, for example:
2.4.2. in writing to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław county, LOWER SILESIAN voivodeship;
2.4.3. in electronic form via e-mail to the address: info@nartyok.pl;
2.4.4. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient's request; and (3) contact details of the complainant — this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements given in the previous sentence are only in the form of a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.
2.4.5. The Service Provider's response to the complaint is provided immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING SALES AGREEMENTS
3.1. The conclusion of a Sales Agreement between the Client and the Seller takes place after the Client has previously placed 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 Product price displayed on the Online Store page is given in Polish zlotys and includes taxes. The Client is informed about the total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal services) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, on the Online Store pages during the Order placement, including at the moment when the Client expresses the will to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Client and the Seller takes place after the Client has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.3.2. After placing an Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending an appropriate e-mail message by the Seller to the Client to the e-mail address provided during the Order placement, which contains 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. Upon receipt of the above e-mail message by the Client, a Sales Agreement is concluded between the Client and the Seller.
3.4. Recording, securing and making available to the Client the content of the concluded Sales Agreement takes place by (1) making these Terms and Conditions available on the Online Store page and (2) sending the Client 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 Seller's Online Store IT system.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Client with the following payment methods for the Sales Agreement:
4.1.1. Cash on delivery payment upon receipt of the shipment.
4.1.2. Cash payment upon personal collection.
4.1.3. Bank transfer to the Seller's bank account.
4.1.3.1. Bank: Raiffeisen Bank Polska S.A. ul. Piękna 20, 00-549 Warsaw
4.1.3.2. Account number: 73 1750 0012 0000 0000 2610 5951
4.1.4. Installment system payments: Santander Consumer Bank S.A., Credit Agricole Bank Polska S.A.
4.2. Payment deadline:
4.2.1. If the Client chooses to pay in cash upon personal collection, bank transfer, electronic payments or credit card payment, the Client is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Client chooses to pay cash on delivery upon receipt of the shipment, the Client is obliged to make the payment upon receipt of the shipment.
5. COST, METHODS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Product delivery is available on the territory of the Republic of Poland.
5.2. Product delivery to the Client is paid, unless the Sales Agreement states otherwise. The costs of Product delivery (including transport, delivery and postal services) are indicated to the Client on the Online Store pages in the "Delivery costs" tab and during the Order placement, including at the moment when the Client expresses the will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Client is free of charge.
5.4. The Seller provides the Client with the following methods of delivery or collection of the Product:
5.4.1. Courier shipment, cash on delivery courier shipment - handled by DPD.
5.4.2. Personal collection available at the address: - ul. Wyścigowa 46, 53-012 Wrocław, Wrocław county, LOWER SILESIAN voivodeship on Business Days, from 10:00 to 19:00.
5.5. The delivery time of the Product to the Client is up to 4 Business Days, unless a shorter period is specified in the description of a given Product or during the Order placement. In the case of Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 4 Business Days. The start of the delivery time of the Product to the Client is calculated as follows:
5.5.1. If the Client chooses the method of payment by bank transfer, electronic payments or credit card - from the date of crediting the Seller's bank account or settlement account.
5.5.2. If the Client chooses the method of payment by cash on delivery - from the date of conclusion of the Sales Agreement.
5.5.3. If the Client chooses the method of payment in the installment system - from the date of notification of the Seller by the bank about the conclusion of a credit agreement with the Client, but no later than from the date of crediting the Seller's bank account with funds from the credit granted to the Client.
5.6. The time of readiness of the Product for collection by the Client - in the case of the Client choosing personal collection of the Product, the Product will be ready for collection by the Client within 2 Business Days, unless a shorter period is specified in the description of a given Product or during the Order placement. In the case of Products with different readiness times for collection, the readiness time for collection is the longest specified time, which, however, cannot exceed 2 Business Days. The Client will be additionally informed by the Seller about the readiness of the Product for collection. The start of the readiness time of the Product for collection by the Client is calculated as follows:
5.6.1. If the Client chooses the method of payment by bank transfer, electronic payments or credit card - from the date of crediting the Seller's bank account or settlement account.
5.6.2. If the Client chooses the method of payment in cash upon personal collection - from the date of conclusion of the Sales Agreement.
5.6.3. If the Client chooses the method of payment in the installment system - from the date of notification of the Seller by the bank about the conclusion of a credit agreement with the Client, but no later than from the date of crediting the Seller's bank account with funds from the credit granted to the Client.
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Client, if the sold Product has a physical or legal defect (warranty) are determined by generally applicable laws, in particular the Civil Code. For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller's liability towards a Client who is a natural person and who purchases the Product for a purpose not related to professional or business activity, for non-compliance of the Product with the Sales Agreement, are determined by generally applicable laws, in particular the Act of July 27, 2002 on specific conditions for consumer sales and on the amendment to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
6.2. The Seller is obliged to deliver the Product to the Client free from defects. Detailed information regarding the Seller's liability for a Product defect and the Client's rights are specified on the Online Store page in the "Product complaint" tab.
6.3. A complaint may be submitted by the Client, for example:
6.3.1. in writing to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław county, LOWER SILESIAN voivodeship;
6.3.2. in electronic form via e-mail to the address: info@nartyok.pl;
6.4. It is recommended that the Client 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 for the method of bringing the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements given in the previous sentence are only in the form of a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. The Seller will respond to the Client's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within the above period means that the Seller considered the complaint justified.
6.6. The Client who exercises warranty rights is obliged to deliver the defective Product at the Seller's expense to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław county, LOWER SILESIAN voivodeship. If, due to the type of Product or the way it is installed, the delivery of the Product by the Client would be excessively difficult, the Client is obliged to make the Product available to the Seller at the place where the Product is located.
7. OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS AND RULES FOR ACCESSING THESE PROCEDURES
7.1. Detailed information on the possibility for a Client who is a consumer to use out-of-court means of dealing with complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial 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 and http://www.uokik.gov.pl/wazne_adresy.php.
7.2. A Client who is a consumer has the following exemplary possibilities of using out-of-court means of dealing with complaints and pursuing claims:
7.2.1. The Client is entitled to apply to a permanent consumer arbitration court, referred to in Art. 37 of the Act of December 15, 2000 on the 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 regulation of the organization and operation of permanent consumer arbitration courts is specified in the regulation of the Minister of Justice of September 25, 2001 on determining the regulation of the organization and operation of permanent consumer arbitration courts. (Journal of Laws 2001, No. 113, item 1214).
7.2.2. The Client is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Client and the Seller. Information on the rules and procedure of the mediation conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of the Trade Inspection.
7.2.3. The Client may obtain free assistance in resolving a dispute between the Client and the Seller, also using the free assistance of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumer Association). Advice is provided by the Consumer Federation under the toll-free consumer helpline number 800 007 707 and by the Polish Consumer Association at the email address: porady@dlakonsumentow.pl.
8. RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in point 9.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: advice; ul. Wyścigowa 46, 53-012 Wrocław, Wrocław county, LOWER SILESIAN voivodeship;
8.1.2. in electronic form via e-mail to the address: info@nartyok.pl;
8.2. An example model withdrawal form is included in Annex 2 to the Consumer Rights Act.
8.3. The period to withdraw from the contract begins:
8.3.1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by them other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) consists of regular delivery of Products for a definite period - from taking possession of the first of the Products;
8.3.2. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered not to have been concluded.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by them, including the costs of Product delivery (except for additional costs resulting from the delivery method chosen by the Client other than the cheapest ordinary delivery method available in the Online Store). The Seller makes the refund using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method, which does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until they receive the Product back or until the consumer provides proof of its return, whichever occurs first.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the day on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to return the Product before its expiry. The consumer may return the Product to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław county, LOWER SILESIAN voivodeship.
8.7. The consumer is liable for any diminished value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of Product delivery other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund to the consumer the additional costs incurred by them.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the expiry of the period to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed 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 to withdraw 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 express consent of the consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, the consumer will lose the right to withdraw from the contract; (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 period to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy their individualized needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or for hygienic reasons, if the package was opened after delivery; (6) in which the subject of the service is Products which, after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only 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 has expressly requested the Seller to visit them in order to make an urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract is available to the consumer in respect of additional services or Products; (9) in which 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, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the expiry of the period to withdraw from the contract and after the consumer was informed by the Seller about the loss of the right to withdraw from the contract.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point of the Terms and Conditions and the provisions contained therein apply only to Clients and Service Recipients who are not 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 take place without giving a reason and does not give rise to any claims on the part of the Client who is not a consumer against the Seller.
9.3. In the case of Clients who are not consumers, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
9.4. Upon issuing the Product by the Seller to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product pass to the Client who is not a consumer. The Seller is not liable in such a case for the loss, decrease in quantity or damage to the Product arising from its acceptance for transport until its delivery to the Client and for delay in the shipment transport.
9.5. If the Product is sent to the Client via a carrier, the Client who is not a consumer is obliged to inspect the shipment at the time and in the manner customary for shipments of this type. If they determine that a decrease in quantity or damage to the Product occurred during transport, they are obliged to perform all actions necessary to determine the carrier's liability.
9.6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Client who is not a consumer is excluded.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without indicating the reasons by sending an appropriate statement to the Service Recipient.
9.8. The liability of the Service Provider/Seller towards the Service Recipient/Client who is not a consumer, regardless of its legal basis, is limited - both under a single claim and for all claims in total - to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than one thousand zlotys. The Service Provider/Seller is liable towards the Service Recipient/Client who is not a consumer only for typical foreseeable damages at the time of concluding the contract and is not liable for lost profits towards the Service Recipient/Client who is not a consumer.
9.9. All disputes arising between the Seller/Service Provider and the Client/Service Recipient who is not a consumer are submitted to the court having jurisdiction over the Seller's/Service Provider's registered office.
10. FINAL PROVISIONS
10.1. Agreements concluded via the Online Store are concluded in Polish.
10.2. Change of the Terms and Conditions:
10.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legal regulations; 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 concluding contracts of a continuous nature on the basis of these Terms and Conditions (e.g. the provision of an Electronic Service - Account), the amended terms and conditions bind the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
10.2.3. In the case of concluding contracts of a different nature than continuous contracts on the basis of these Terms and Conditions (e.g. Sales Agreement), changes to the Terms and Conditions will not in any way violate the rights acquired by Service Recipients/Clients who are consumers before the date of entry into force of the changes to the Terms and Conditions, in particular changes to the Terms and Conditions will not affect already submitted or placed Orders and concluded, implemented or executed Sales Agreements.
10.3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Clients who are consumers - the provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on specific conditions of consumer sales and on amending the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Clients who are consumers - the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended); and other applicable provisions of generally applicable law.