Introduction
Dear Customer, this Regulations governs the manner of concluding sales agreements through the aforementioned website, the rules for fulfilling these agreements including delivery, rights and obligations arising from applicable law, as well as the procedure for withdrawal from the agreement and handling complaints. The Regulations consist of four main parts:
- In sections 1 to 3, there are general provisions of this Regulations;
- In sections 4 to 7, the process of purchasing Goods/Services has been described.
- In sections 8 to 12, regulations related to establishing the defectiveness of Goods/Services and the right of withdrawal from the agreement have been included.
- w § od 13 do 14 - zawarto wszystkie pozostałe uregulowania.
Section 1: Basic definitions
- Online store - a store located at the address of this website.
- Seller - The owner of this Online Store is Sport Increase Spółka z ograniczoną odpowiedzialnością S&P spółka jawna, with its registered office in Łódź, at ul. Rewolucji 1905 r., 82, 90-223 Łódź, registered in the National Court Register under the number KRS 0000890620, Tax Identification Number (NIP) 7252291621, Statistical Identification Number (REGON) 38395882900000.
- Seller's address - Whenever the Regulations refer to the Seller's address, it shall be understood as the following information:
- Registered office: ul. Rewolucji 1905 r., 82, 90-223 Łódź
- Email address: [email protected]
- Customer - a natural person with full legal capacity, and in cases provided for by applicable laws, also a natural person with limited legal capacity, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, who has entered into or intends to enter into a sales agreement.
- Consumer - according to Article 221 of the Civil Code: a natural person who performs a legal transaction with the Seller not directly related to their economic or professional activity.
- Sales agreement - a sales agreement for a Product listed on the aforementioned online store's website, concluded or to be concluded between the Customer and the Seller through the online store.
- Goods - a Product, a movable item, which the Customer acquires through the online store
- Order - a declaration of will by the Customer, made through the online store, specifying: the type and quantity of Goods available in the assortment of the online store at the time of placing the order, the method of payment, the method of delivery of the Goods, the place of issue of the Goods, and the Customer's data.
- Order form - an electronic service, a form in electronic format available in the online store, enabling the submission and processing of an Order, including adding Products to the electronic shopping cart, and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Order processing time - the time it takes for an order placed by the Customer of the online store to be fulfilled, including the completion, packaging, sealing by the Seller, and handing it over for delivery using the delivery method chosen by the Customer.
- Business day - one day from Monday to Friday, excluding public holidays.
- Price reductions - any discounts, promotions, and price reductions can be checked on the chart displayed with the product price. The price history will be available for viewing up to 30 days back. The recording of prices is done in a verifiable and automated manner.
- Prices - the prices of products in the online store are fixed at a given time and are not influenced by any pricing algorithms regardless of how the customer accesses the website or the browsers they use. Factors such as gender, age, etc. also do not affect the prices.
- The Act on Consumer Rights - the law dated May 30, 2014, on Consumer Rights (Journal of Laws of 2014, item 827) with subsequent amendments.
- Smmash Club - A dedicated program for customers that customers can join by fulfilling participation conditions, in exchange for the privilege of accessing special promotions not available to other customers.
Section 2: General provisions.
- The Seller declares that they comply with all required principles of personal data protection for Customers, as provided for, among others, in the Act on Personal Data Protection (consolidated text: Journal of Laws of 2015, item 2135, as amended), in accordance with the provisions of the EU Council Regulation 2016/679 (dated April 27, 2016, Official Journal of the European Union L 119). The Customer gives consent to the collection, storage, and processing of their personal data by the Seller solely for purposes directly related to the fulfillment of the ordered Goods in the online store. Detailed conditions for the collection, processing, and protection of personal data by the Seller have been specified in the "Privacy Policy" of the online store.
- The Seller declares that the Goods are in accordance with the agreement in terms of description, type, quantity, quality, completeness, and functionality.
- The Seller declares that, in accordance with the implementation of the legal regulation throughout Europe (with the transposition of Directive (EU) 2019/2161 into national law) regarding reviews, businesses that provide reviews must inform whether and how they ensure that the published reviews come from consumers who have used or purchased the respective product. The measures taken for this purpose must be specifically specified.
- We declare that the reviews posted on our website come from real customers who have purchased and used our products. The reviews were submitted upon request after confirming that the goods have been delivered to the customer. We anticipate the possibility of importing reviews posted in the Google section of our company's profile. We promise to fulfill all formalities and make efforts to ensure that the reviews are genuine and truthful, and any improperly posted reviews will be removed.
- Mandatory legal bases for the above regulations are:
- Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC, and 2011/83/EU regarding better enforcement and modernization of EU consumer protection rules, OJ L 328, 18.12.2019, pp. 7-28.
- Fake Reviews Online - Consumer Experiences, based on a study by PBS Ltd. commissioned by UOKIK, publication available at https://uokik.gov.pl/aktualnosci.php?news_id=17411
- Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC, and 2002/65/EC of the European Parliament and of the Council, and Regulation (EC) No 2006/2004 of the European Parliament and of the Council ("Unfair Commercial Practices Directive") (OJ L 149, 11.6.2005, pp. 22-39, as amended).
- Commission Notice - Guidelines on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, OJ C 526, 29.12.2021, pp. 1-129.
- Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directives 1999/44/EC of the European Parliament and of the Council, and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, pp. 64-88, as amended).
- When placing orders in the Store, the Customer has the opportunity to familiarize themselves with the Terms and Conditions and accept their content by marking the appropriate checkbox in the form. Acceptance of the provisions of the terms and conditions is necessary to process the order. Please note that entering into a Sales Agreement via the Internet and accepting the terms and conditions entails an obligation to pay for the ordered Goods.
- The data controller implements appropriate technical and organizational measures to ensure the protection of personal data in a manner commensurate with the risks and categories of data being protected. Primarily, it safeguards the data against unauthorized disclosure, theft, processing, loss, alteration, damage, or destruction. The detailed scope of protection is regulated in accordance with the requirements set out in the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management instructions).
- The data controller of your personal data is the Seller, whose contact details are specified in paragraph 1 point 3 of this Terms and Conditions.
- supervision and control over the processing of personal data, for which the Seller maintains a customer data collection in the aforementioned store;
- obtain comprehensive information on whether such a collection exists and is maintained by the Seller;
- determine who is the data controller, determine their address, registered office, name, and in the case where the data controller is an individual, determine their first and last name and place of residence;
- obtain information about the purpose, scope, method, and duration of processing the data contained in such a collection;
- obtain information in a readily understandable form regarding the content of those data;
- learn the source from which the data concerning them originated, unless the data controller is obliged to keep this information confidential due to classified information or professional secrecy;
- request the completion, updating, correction of personal data, temporary suspension, or deletion of such data if they are incomplete, outdated, inaccurate, collected in violation of the law, or no longer necessary for the purpose for which they were collected;
- Each person whose data is being processed has the right to;
- According to point 9, the Customer has the right to access the content of the processed personal data, request their correction, and also request the deletion of such data. The data controller is obliged to complete, update, correct the data, temporarily or permanently suspend processing, or delete them from the collection immediately and continuously upon request, unless the request concerns personal data for which separate legal provisions, including this law, specify the procedure for their completion, updating, or correction
- During the order finalization process, the Customer gives consent to the collection and processing of their personal data by the Seller, in accordance with the Personal Data Protection Act. The data may only be transferred to another entity in situations required by law or necessary for the fulfillment of the placed order.
- The Customer may give consent to receive commercial and promotional information from the Seller electronically by subscribing to the newsletter.
- The Customer using the services provided by the Seller through the online Store is obliged to comply with this Terms and Conditions to the extent necessary for the fulfillment of the placed order and not in conflict with the applicable law and principles of social coexistence.
- The Seller of the online Store declares that the Goods available and sold in their online Store are new, usable, safe, and free from physical and legal defects. The Goods fully correspond to the properties that are displayed and described on the website of the online Store, and they meet all the standards required by the applicable laws to be placed on the market. All Goods available for sale in the online Store have been introduced to the Polish market in a legal manner and comply with the provisions of the law. The information regarding the Goods on the website of the online Store constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code of 23 April 1964.
- Sprzedawca realizuje zamówienia na terytorium Polski.
- All prices of Goods displayed on the website of the online Store are given in the Polish currency (Polish zloty) and are gross prices, including VAT, customs duties, and other legally imposed components.
- An entrepreneur conducting sole proprietorship, if they make a purchase unrelated to their business activity, has the right to withdraw from the contract within 14 calendar days from the moment the Goods are received by the Customer or by a third party indicated by the Customer, other than the carrier.
- The provisions concerning consumers, with the exception of Article 558 § 1 sentence two, apply to a natural person who enters into a contract directly related to their business activity, provided that the content of the contract indicates that it does not have a professional character for that person, particularly arising 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.
- The verification of whether a particular activity has a professional character will be based on the Central Register and Information on Business Activity (CEiDG), specifically the registered PKD codes that determine the types of economic activities.
- Entrepreneurs conducting sole proprietorship obtain rights in the following areas:
- niedozwolonych klauzul stosowanych we wzorcach umownych;
- warranty for defects of the sold item;
- regress claims against the previous seller in connection with the consumer's complaint;
- right of withdrawal from a distance or off-premises contract within 14 days;
- The provisions concerning consumers, as stated in Article 385(1)-385(3) of the Civil Code, apply to a natural person who enters into a contract directly related to their business activity, provided that the content of the contract indicates that it does not have a professional character for them, particularly arising 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.
- You are correct. Article 385(5) of the Civil Code specifically pertains to unlawful contractual provisions (abusive clauses). The provisions regarding abusive clauses will be applied to sole entrepreneurs starting from January 1, 2021. The list of twenty-three examples of abusive clauses is included in Article 385(3) of the Civil Code.
- Entrepreneurs conducting sole proprietorship will still not be able to benefit from the assistance of consumer protection institutions in protecting their rights, including the assistance of District/Municipal Consumer Ombudsmen or the Office of Competition and Consumer Protection (UOKIK).
- The Online Store strives to conduct its business in accordance with generally accepted principles of conduct, including ethical and professional standards, applicable to entrepreneurs, in relation to one or more market practices arising from the Act of 23 August 2007 on Counteracting Unfair Market Practices (Journal of Laws of 2007, No. 171, item 1206, as amended in 2014, item 827).
Section 3: Conditions of Service Provision
- This Online Store provides services via electronic means, and the condition for entering into an agreement is primarily the completion of the online order form for the purpose of concluding a sales contract. Participation in the conclusion of the agreement is voluntary.
- The agreement for the provision of services is concluded electronically by enabling the Customer of the Online Store to complete the order form. The agreement is concluded for a specified period of time when the Customer begins to fill in the form and is terminated either by the Customer's withdrawal from completing the form or by submitting the completed form to the Seller. The order form filling process is organized in a way that allows every Customer to familiarize themselves with it before making a decision to conclude or modify the agreement.
- The service specified in point 1 is provided free of charge but may require access to the internet.
- Electronic orders can be placed 24 hours a day, 7 days a week.
- When finalizing a purchase in the appropriate order window, the Customer selects the option "I consent to the processing of my personal data by the store contained in the order form to the extent necessary for the execution of the order." This consent is necessary to conclude the agreement. Providing your personal data is necessary to place an order, and failure to provide personal data will be equivalent to the withdrawal from concluding the agreement.
- In accordance with Article 8(2) of the GDPR, the data controller, taking into account available technology, makes reasonable efforts to verify whether the person exercising parental authority or guardianship over a child (below 16 years of age) has given consent or approved it.
- The costs incurred by the Customer related to internet access and data transmission are solely borne by the Customer according to the tariff of their internet service provider with whom the Customer has signed an agreement for the provision of internet services.
Section 4: Terms of the Agreement
- In order to conclude a valid and binding Sales Agreement, the Customer selects, in accordance with the displayed offer of the Online Store, the quantity of the Goods they intend to purchase, and if possible, indicates the characteristics of the ordered Product and its specification. Together with the selection of the Goods, the Customer completes the online order form, providing the necessary data for the execution of the order by the Seller, such as quantities, delivery location, and payment methods, based on the messages and information available on the website and contained in these Terms and Conditions.
- Orders can be placed in the following manner:
- by using the form available on the Store's website (customer's cart),
- by email to the address available on the Store's website,
- The condition for order fulfillment is for the Customer/Entrepreneur to provide data allowing verification of the Customer/Entrepreneur and the recipient of the goods. The Store confirms the acceptance of the order by sending an email message to the email address provided during the order placement, describing the details of the order. In case of incomplete, incorrect, or contradictory information provided by the Customer/Entrepreneur during the order placement, the Store will contact the Customer/Entrepreneur to rectify the errors.
- Joining the Smmash Club is voluntary and free of charge. The Customer can place an order without joining the Smmash Club as an unregistered user. Joining the Smmash Club requires giving consent to receive email and/or SMS messages for marketing purposes.
- As part of the Newsletter service, the Service Provider sends information in the form of email messages, referred to as the "Newsletter," to the email address provided by the Customer.
- The ordering of the Newsletter service is done by the Customer through the following actions on the Store's website, in the "Newsletter" field.
- Providing the Customer's email address (email address) in the form placed on the website.
- Granting consent to receive Newsletter messages.
- Checking the checkbox indicating confirmation of familiarization with the Service Regulations and acceptance of its content.
- Pressing (clicking) the "Sign up" button.
- Clicking the confirmation link for registration included in the email message titled "Confirmation of newsletter subscription from the website.
- Providing the Customer's email address (email address) in the form during the registration process is necessary for the provision of the Newsletter service and for joining the Smmash Club.
- The Customer can, at any time, without stating a reason and without incurring any costs, change the previously indicated email address to which the Newsletter is sent or unsubscribe from the Newsletter service by clicking on the "Unsubscribe from Newsletter" link located in the footer of each Newsletter.
- Immediately upon receiving an order, the Seller electronically sends a statement confirming the acceptance of the order to the Customer's email address provided during the order placement. Upon the Customer's receipt of the message, the sales agreement is concluded.
- The order summary and confirmation message includes all previously agreed terms of the sales agreement, including the quantity and type of ordered Goods, the specifications in the case of Goods with individual characteristics specified by the Customer of the Online Store, the total amount payable (specified in Polish zloty) along with delivery costs, and the amount of granted discounts (if applicable).
- In the case of the Customer having multiple discounts from several sources/promotions, they are combined/summed only if explicitly specified in the promotion regulations. If there is no provision regarding the combination of different promotions/discounts, only one discount (one promotion) can be selected for a given purchase.
Section 5: Order fulfillment
- The Seller diligently fulfills Customer orders in the order they are received – every order is a priority and of great importance to us!
- The order fulfillment time for an individual Customer is from 1 to 5 business days from the day the Customer places the Order. In the case of products marked as "on demand" or personalized products made according to the Customer's individual preferences, the delivery time is specified on the product page. The order fulfillment time includes the preparation time (order picking and packing, handing over the package to the courier, and in selected cases, product customization). The delivery time of the order depends on the chosen method of delivery and may vary depending on the type of transportation indicated by the Customer.
- In the event of exceptional circumstances or inability to fulfill the order within the specified time frame mentioned in point 2, the Seller immediately contacts the Customer to determine further course of action, including establishing an alternative delivery date or changing the delivery method.
- The Online Store reserves the right to cancel the transaction in the event of an unintended error.
Section 6: Delivery
- The delivery of the Goods is carried out through a postal operator, courier company, or any other method accepted by the parties that does not entail excessive and unjustified costs for the Seller and the Customer.
- The ordered Goods are delivered either directly to the Customer's address indicated in the online order form and confirmed by the Customer as the shipping address, or they can be personally collected at a designated pickup point with an address provided during the ordering process.
- The Goods are always packaged in a manner that corresponds to their properties, ensuring that they are not damaged, lost, or destroyed during transportation.
- The Customer is continuously informed about the delivery costs, which are provided during the completion of the online order form. The shipping costs depend on the country of destination, the quantity and weight of the ordered goods, and the chosen method of shipment.
- The ordered products are delivered to the consumer through the courier companies DPD and InPost within the following timeframe: dispatch within 48 hours (business days), and additional time required for the courier company to deliver the shipment (usually 1-2 days).
Section 7: Payment methods
- The Seller enables payment for the ordered Goods in the form of a prepayment to a bank account.
- Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online bank transfer through the electronic banking service via the online payment platforms (including PayU, PayPal, Przelewy24).
- Cash on delivery upon receipt of the ordered Goods. The Customer makes the payment to the courier upon receiving the ordered Goods delivered by the courier company to the address specified by the Customer in the order.
- The Seller documents the sale of the Goods according to the Customer's request.
Section 8: Warranty
- The delivery of the Goods as part of the warranty for defects is covered by the Seller's cost.
- NOTE! For claims regarding defect removal or exchange after January 1, 2023, the general limitation periods apply as follows: "Article 118 of the Civil Code If a special provision does not state otherwise, the limitation period is six years, and for claims related to periodic performances and claims related to business activities - three years. However, the end of the limitation period falls on the last day of the calendar year, unless the limitation period is shorter than two years."
- The Seller is liable under warranty if the defect is discovered within two years from the date of delivery of the Goods to the Consumer. From January 1, 2023, the minimum time for filing a complaint regarding non-conformity of the Goods with the contract is 2 years. This term applies to all goods - new and used. The Seller is responsible towards the Consumer if the consumer goods were non-conforming to the contract, had physical or legal defects at the time of delivery. The Seller is liable for the non-conformity of consumer goods with the contract if it is discovered within two years from the date of delivery to the Buyer, and in case of replacement of the Goods, this term starts anew. A physical defect refers to the non-conformity of the sold item with the contract. In particular, the sold item is non-conforming to the contract if:
- it does not have the qualities that a thing of this kind should have due to its designated purpose or arising from circumstances or intended use;
- it does not have the qualities that the Seller assured the Buyer of, including presenting a sample or model;
- it is not suitable for the purpose communicated by the Buyer to the Seller at the time of concluding the contract, and the Seller did not raise any objections regarding such purpose;
- it was delivered to the Buyer in an incomplete state.
- The presumption of non-conformity of the goods with the contract lasts for 2 years.
- A notification regarding defects of the Goods should be sent electronically to the Seller's email address or in writing to the Seller's postal address (see §1 point 3: "Seller's Address"). If the consumer has difficulties and does not know how to formulate a notification regarding defects of the Goods, the notification can be sent, for example, using the form attached as Annex No. 2 to these Terms and Conditions. This is merely a facilitation for the complaint process and does not constitute a requirement for the effectiveness of the complaint.
- If necessary for the proper assessment of physical defects of the Goods, upon the Seller's request and after preliminary arrangements, the Goods should be delivered to the Seller's registered office address (see §1 point 3: "Seller's Address") as soon as the nature of the Product allows.
- The Seller shall promptly respond to the Consumer's complaint, but no later than within 14 calendar days from the date of its receipt. Failure to consider the complaint within the specified period is deemed as acceptance by the Seller and recognition of its validity.
- In the case of the first complaint, the customer can expect repair or replacement of the goods, as stated in Article 560 § 1 and 561 of the Civil Code. In the case of the first complaint, only when the entrepreneur refuses to remedy the defect or replace the goods within a reasonable time, the consumer may withdraw from the contract. For electronic goods, the consumer will also be able to demand the removal of defects in digital services, and if the removal of defects or replacement is ineffective, the consumer may request a price reduction or withdraw from the contract.
- The Seller covers the costs of collecting the Goods, delivery, defect removal, or replacement of the Goods with a new one.
Section 9: Right of Withdrawal
- In accordance with the provisions of the law, the Customer who is a Consumer, pursuant to Article 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, has the right to withdraw from a distance contract without giving any reason.
- The right of withdrawal from the contract is granted within 14 calendar days from the moment the Customer, who is also a Consumer, or a third party designated by them other than the carrier, takes possession of the Goods.
- When the Customer, who is a Consumer, withdraws from the contract, the contract is considered void, and the Consumer is released from any obligations. Everything that the parties have provided to each other is subject to return in an unchanged condition, unless a change was necessary within the scope of ordinary management. The return should take place promptly, no later than within fourteen days.
- The Customer, who is a Consumer, may exercise the right of withdrawal by submitting a statement using the online form attached as Annex No. 1 to these Terms and Conditions, sending it electronically or to the Seller's postal address, at the Customer's choice. Annex No. 1 is only a help in exercising the right of withdrawal and is not a mandatory template for exercising the right of withdrawal. The Customer may, but is not obliged to, use it. To effectively exercise the right of withdrawal, it is sufficient to send a written statement to the Seller's address.
- To meet the deadline specified in point 2, it is sufficient to send the Customer's declaration of withdrawal from the contract before its expiration.
- The Seller shall promptly acknowledge the receipt of the Customer's statement of withdrawal from the contract and inform the Customer accordingly about further proceedings, including the method of returning the Goods, and provide answers to any questions.
- The Seller shall return all payments received from the Customer, including the costs of delivery, without undue delay and no later than within 14 calendar days from the date of receiving the Customer's statement of withdrawal from the contract. The Seller will make the refund using the same payment method that the Customer used, unless the Customer has expressly agreed to a different method that does not involve any costs for them.
- If, after obtaining the Customer's consent, the Seller has not undertaken to collect the Goods themselves, the Seller may withhold the reimbursement of payments received, including the costs of delivering the Goods, until the Goods are returned or until the Customer provides evidence of their return, depending on which event occurs first.
- The Customer has an obligation to return the Goods to the Seller or hand them over to a person authorized by the Seller immediately, but no later than within 14 calendar days from the day of withdrawal from the contract unless the Seller has offered to collect the Goods themselves. To meet the deadline, it is sufficient to return the Goods before its expiration.
- The Customer, who is a Consumer, bears only the direct costs of returning the Goods.
- The Consumer has the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in Article 33 and Article 34 of the Consumer Rights Act.
- The Goods should be delivered to the Seller's address (see §1 point 3: "Seller's Address").
- The Consumer is liable for any diminished value of the Goods resulting from handling it in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the Goods. This means that the Buyer has the right to assess and inspect the Goods, but only in a way that they could do it in a stationary store (i.e., check its completeness and technical parameters). The Consumer cannot use the Goods in a manner that goes beyond this scope; otherwise, in the event of withdrawal from the contract, they may be charged with additional costs due to the decrease in the value of the Goods.
- The right of withdrawal does not apply to the Customer, as the Seller hereby informs before entering into the contract, with respect to contracts specified in Article 38 of the Act of May 30, 2014 on Consumer Rights, among others, in the following situations:
- for the provision of services if the entrepreneur has fully performed the service with the explicit consent of the Consumer, who was informed before the performance began that after the service is fully performed, they will lose the right of withdrawal from the contract;
- where the price or remuneration is dependent on fluctuations in the financial market that are beyond the control of the entrepreneur and that may occur before the expiration of the withdrawal period;
- where the subject matter of the performance is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs;
- where the subject matter of the performance is an item that is liable to deteriorate rapidly or has a short shelf life;
- where the subject matter of the performance is an item delivered in a sealed package that cannot be returned for reasons of health or hygiene if the packaging has been opened after delivery;
- where the subject matter of the performance consists of items that, after delivery, due to their nature, become inseparably connected with other items.
Section 10: Complaint Procedure
- For a proper submission of a complaint, the Customer should provide their personal information such as name and surname or company name, residential address or company address, and email address. The complaint should specify the subject matter, if possible, include the order number along with the indication of the relevant time period for the complaint, and describe the circumstances justifying the complaint (a description of the issue or lack of certain features that the ordered product was supposed to have according to the Seller's assurances or the way it was presented to the Customer).
- If the Customer is a Consumer, in the case of the first complaint, the Customer may expect a repair or replacement of the product. Only when the entrepreneur refuses to remedy the defect or replace the product, the Consumer will have the right to withdraw from the contract. In the case of electronic products, the Consumer may also demand the removal of defects in digital services. If the removal of defects or replacement is ineffective, the Consumer may request a price reduction or withdraw from the contract. If bringing the product into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller, the Seller takes into account the value of the defect-free product, the nature and significance of the identified defect, as well as the inconveniences that another method of satisfaction would cause to the Customer.
- Unless separate regulations provide otherwise, the entrepreneur is obliged to respond to a Consumer's complaint within 14 days from the date of its receipt. If the entrepreneur fails to provide a response within the specified period, it is considered that the complaint has been accepted. The entrepreneur delivers the response to the complaint to the Consumer on paper or any other durable medium (such as USB memory or CD/DVD) corresponding to the form of the complaint.
- In the event of a failure to consider the complaint within the specified period, it should be considered as accepted by the Seller. However, the failure to consider the complaint within the specified period does not imply acceptance of the complaint in the case of a claim for withdrawal from the contract.
Section 11: Liability
- By providing any content and making it available, the Customer voluntarily disseminates it. The Seller is not a content provider and does not identify with the content in any way; it is merely a provider of teleinformation resources. The Customer declares that:
- is authorized to use and share the copyrighted content, industrial property rights, or related rights of the content they post;
- the placement and sharing of personal data, images, and information about individuals other than the Customer have been done lawfully, voluntarily, and with the consent of the respective content owners;
- accepts that other Customers and the Seller have access to the published information, data, images, and other content and grants the Seller the right to use them free of charge;
- consents to the creation, modification, and interpretation of works within the meaning of the Copyright and Related Rights Act.
- The customer is not entitled to:
- Posting personal data of third parties, distributing images without the required permission or consent of the third party whose data is concerned
- Posting content of advertising or promotional nature that is inconsistent with the purpose of the store's operations.
- The customer is specifically prohibited from posting content that:
- Posting content with the intention of violating the personal rights of third parties;
- Posting content in bad faith or content that could be considered as such;
- Infringing upon the rights of third parties, including copyright, related rights, industrial property rights, trade secrets, or confidential information, especially those designated as secret or strictly confidential;
- Posting content that is offensive or constitutes a threat towards other individuals, including commonly recognized offensive expressions or vulgarities;
- Violating the legitimate interests of the Seller;
- Sending or posting unsolicited commercial information (spam) within the Online Store;
- Violating moral standards, applicable laws, social norms, or customary practices in any other way.
- In the event of receiving a notification from a third party, an authorized entity, or a state authority, the Seller reserves the right to modify or remove content posted by the customer if it is determined that such content may constitute a violation of these Terms and Conditions or applicable laws. The Seller does not actively monitor posted content.
Section 12: Out-of-Court Complaint Handling and Claims Enforcement
- Information on out-of-court methods of complaint handling and claims enforcement, as well as the rules for accessing these procedures, are made available at the offices and websites of district (city) Consumer Ombudsmen, consumer protection organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection, and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
- The consumer has, among others, the following options to utilize out-of-court methods for handling complaints and pursuing their claims.
- Contacting the Provincial Inspector of Trade Inspection with a request to initiate a mediation procedure for amicable dispute resolution.
- Applying to the Permanent Consumer Arbitration Court operating under the Provincial Inspector of Trade Inspection with a request to resolve a dispute arising from a concluded agreement, address: www.uokik.gov.pl/wazne_adresy.php.
- Seeking free legal assistance, including from the Federation of Consumers - website address: www.federacjakonsumentow.org.p
- The European Consumer Centers Network assists in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl.
- The consumer can also make use of the Online Dispute Resolution (ODR) platform, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (ODR Regulation in consumer disputes). The ODR platform (online dispute resolution) is accessible at the electronic address: http://ec.europa.eu/consumers/odr/. The European ODR platform serves as a single access point for consumers and businesses, enabling out-of-court resolution of contractual obligations arising from online sales agreements: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.
- The use of out-of-court methods for handling complaints and pursuing claims is voluntary and can only take place if both parties to the dispute, namely the Seller and the Customer, agree to it.
Section 13: Provisions Regarding Entrepreneurs
- Regulations and provisions in this Section 13 apply solely to customers and service recipients who are not consumers (i.e., purchases made for professional purposes).
- The Seller reserves the right to withdraw from a sales agreement concluded with a non-consumer customer within 14 calendar days from the date of its conclusion. The withdrawal from the sales agreement may occur without stating a reason and shall not give rise to any claims on the part of the non-consumer customer against the Seller.
- In the case of customers who are service recipients but not consumers, the service provider may terminate the agreement for the provision of Electronic Services with immediate effect, even without indicating a reason, provided that the provider has sent a relevant statement to the customer.
- The Seller has the right to limit the available payment methods for individual or all products to a few or one method. The Seller may require full or partial prepayment regardless of the chosen payment method or the conclusion of a sales agreement.
- The risk of accidental loss or damage to the product passes to the buyer upon delivery of the ordered product to the carrier by the Seller. Upon delivery of the ordered product to the carrier, all benefits and burdens associated with the product also pass to the non-consumer customer. In such a case, the Seller shall not be liable for any loss, shortage, or damage from the moment of acceptance by the carrier until the delivery to the customer.
- The non-consumer customer is obligated to inspect the shipment in a manner customary for such shipments. If any shortage or damage to the product during transportation is found, the customer is obliged to take all necessary actions to determine the carrier's liability.
- The Seller informs that, in accordance with Article 558 § 1 of the Civil Code, the warranty liability for the product towards a non-consumer customer is excluded.
- The Seller's liability is limited both to an individual claim and to all claims in total, up to the amount paid. The Seller is only liable for typical and foreseeable damages at the time of the conclusion of the agreement and is not liable for lost profits.
- Any disputes between the online store and the non-consumer customer shall be subject to the jurisdiction of the court competent for the Seller's registered office.
Section 14: Final Provisions
- The online store respects all the rights of Customers provided for by the applicable law.
- If the applicable law grants consumers more favorable mandatory provisions than those included in this Terms and Conditions, the relevant provisions of the Terms and Conditions are directly replaced by specific provisions of the applicable law and are binding for the Seller.
- All content posted on the website of the online store (including graphics, texts, page layout, and logos) is protected by copyright and is the exclusive property of the Seller. Unauthorized use of this content without the written consent of the Seller may result in civil and criminal liability.
- The owner of the online store, as the personal data administrator, informs you that:
- Providing personal data is always voluntary but necessary for order fulfillment.
- The person providing their personal data has an unrestricted right to access and correct their data, request its deletion (right to be forgotten), restrict processing, data portability, and withdraw consent at any time without affecting the lawfulness of processing. However, data may be disclosed to relevant state authorities if required by applicable laws.
- The legal basis for processing personal data is Article 6(1)(a) of the General Data Protection Regulation.
- Personal data will be stored and processed for the period necessary to complete the processing and fulfill the order, but no longer than 3 years (2 years for the period of potential claims and 1 year for exceptional situations).
- The person providing their personal data has the right to lodge a complaint with the supervisory authority (UODO) if they believe that the processing of their personal data related to order fulfillment violates the provisions of the General Data Protection Regulation of April 27, 2016.
- The data will be processed at the locations where the Seller conducts their business.
- In terms of the processing of personal data by this online store, the European Commission has not determined an adequate level of protection through a decision. However, the data will be appropriately secured using IT and legal solutions.
- Your data will be processed in an automated manner, including profiling.
- In matters not regulated by the provisions of this Terms and Conditions, the relevant provisions of Polish law apply.
- The amended Terms and Conditions are binding on Customers if the requirements specified in Article 384 of the Civil Code are met (i.e., the Customer has been properly notified of the changes).
- The Seller reserves the right to make changes to the Terms and Conditions for valid reasons, which include:
- changes in legal regulations,
- changes in payment and delivery methods,
- changes in exchange rates,
- changes in the method of providing electronic services covered by the terms and conditions,
- changes in Seller's details, including email address and phone number.
- Changes to the terms and conditions do not affect orders that have already been placed and are being processed. The terms and conditions in force at the time of placing the order apply to them. The Seller informs about the intended changes on the store's website at least 30 days in advance. If the amended terms and conditions are not accepted, the Service Recipients may terminate the agreement with immediate effect within 30 days from the date of receiving the notification.
- Disputes arising from the provision of services based on these terms and conditions will be subject to the jurisdiction of the General Court at the choice of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.
- Attachments to the terms and conditions are an integral part thereof.
- The sales agreement is concluded in Polish, in accordance with the terms and conditions.
- Customers of the aforementioned store have access to these terms and conditions at any time through a link on the main page of the website, and they can also download and print them.
- The terms and conditions come into effect on June 16, 2023.