Terms of Use

www.hdairstudio.com

Introduction

These Rules are available all the time on www.hdairstudio.com/term-of-use-cookies/, where they can be obtained, displayed and recorded by printing or recording on any media at any time. The Rules provide for general terms and conditions for entering into and performing sales agreements via the Shop, as well as for deliveries, payments, rights and obligations of the Customer and the Seller, agreement termination, complaint handling. They also contain information concerning out-of-court dispute resolution methods and regulations on services supplied by the Seller electronically.

The Data Controller of personal data collected via the Shop: Jakub Jakubczyk, trading in under the name of HD AIR STUDIO Jakub Jakubczyk, entered in the Central Registration and Information on Business Activity, with its registered office and delivery address at: ul. Poligonowa 35a, 20-817 Lublin, Vat No (NIP): 7132965956, statistical ID (REGON): 060676890, contact tel.: +48 502 829 521, e-mail: store@hdairstudio.com, hereinafter referred to as the Seller.

Pursuant to the Consumer Rights Act of 30 May 2014, the Consumer may not waive their rights thereunder. In the event these Rules are less favourable to the Consumer that the regulations of the Act, then the Act shall prevail and apply.

Contents

§ 1 Definitions 2

§ 2 General information 3

§ 3 Use of the Shop 4

§ 4 Opening the account 5

§ 5 Online Chat 5

§ 6 Newsletter 6

§ 7 Write a review 6

§ 8 Electronic service “Send to Friend” 6

§ 9 Contact form 6

§ 10 Terms of ordering 7

§ 11 Payment and delivery 8

§ 12 Performance of the sales agreement 8

§ 13 Withdrawal from the agreement 10

§ 14 Complaints and guarantee 11

§ 15 Traders 12

§ 16 Out-of-court complaint handling and claim procedures 12

§ 17 Personal data in the Shop 13

§ 1 Definitions

  1. Data Controller: Seller
  2. Online Chat: an electronic service available at the Shop by the use of a live chat application operated by EBROS Mariusz Rosa, ul. Olimpijska 27, 05-220 Zielonka, Vat No (NIP): 9521875734, which enables a contact with the Customer.
  3. Lead Time: a period from order confirmation till the delivery of goods ordered.
  4. Delivery Time: a period from goods ordered being released to the Carrier till such goods being handed over to the Customer.
  5. Business Day: any day from Monday to Friday, excluding statutory holidays.
  6. Fanpage: a website administered by the Seller in the Facebook platform.
  7. Contact Form: an electronic service, an interactive form available at the Shop which enables the Customer to contact the Seller.
  8. Registration Form: an electronic service in the form of an interactive form available at the Shop which enables the Customer to open an account.
  9. Order Form: an electronic service in the form of an interactive form available at the Shop to make an order, in particular by adding goods to the trolley and defining terms and conditions of the sales agreement, including the terms of delivery and payment.
  10. Password: a sequence of characters to be chosen by the Customer during registration.
  11. Customer:
    1. a natural person with full legal capacity or, in cases set out by commonly applicable legal regulations, a natural person with limited legal capacity;
    2. a legal person;
    3. an unincorporated business unit which has legal capacity by law;

who/which has entered into or intends to enter into a sales agreement with the Seller and to whom/which electronic services may be supplied.

  1. Civil Code: the Civil Code of 23 April 1964 (Journal of Laws No 1964. 16.93, as amended).
  2. Consumer: a natural person that carries out a legal activity that is not connected directly with their business or professional activity with the Seller.
  3. Customer Account: an electronic service in the form of an individual panel for the Customer where data given by the Customer and information about the Customer’s orders at the Shop are kept.
  4. Trolley: an element of the Store’s software where goods chosen by the Customer are visible and where data of the order, including in particular the quantity of goods, can be still defined or modified.
  5. Write a review: an electronic service available on the website which allows the Customer to add an opinion about goods bought or services provided.
  6. Newsletter: an electronic service provided by the Seller by e-mail which enables Customers to subscribe and automatically receive cyclical and free information about, among others, novelties, promotions in an electronic way.
  7. Trader: a natural person, a legal person or an unincorporated business unit with legal capacity who/which carries out business or professional activity on their/its own behalf.
  8. Rules: these Rules of the Shop.
  9. Seller: Jakub Jakubczyk, trading in under the name of HD AIR STUDIO Jakub Jakubczyk, entered in the Central Registration and Information on Business Activity, with its registered office and delivery address at: ul. Poligonowa 35a, 20-817 Lublin, Vat No (NIP): 7132965956, statistical ID (REGON): 060676890, contact tel.: +48 502 829 521 521, e-mail: store@hdairstudio.com.x
  10. Website: a website available at the domain via which the Seller offers online sale.
  11. Goods/Product: movable and services available at the Shop and subject to the sales agreement between the Customer and the Seller.
  12. Sales Agreement: a distance sales agreement entered into between the Customer and the Seller via the Shop.
  13. Distance Agreement: an agreement entered into without simultaneous physical presence of both Parties.
  14. Electronic Service: a service supplied electronically by the Seller to the Customer via the Shop.
  15. Consumer Rights Act: the Consumer Rights Act of 30 May 2014 (Journal of Laws No. 2014. 827, as amended).
  16. Order: the Customer’s statement made by the use of an order form available on the Shop’s website and directly aimed at entering into the sales agreement with the Seller.
  17. Electronic Service “Opinions”: an interactive form which enables the Customer to add an opinion about goods on the Shop’s website.
  18. Electronic service “Send to Friend”: an interactive form which enables the Customer to send a recommendation of goods available at the Shop to the e-mail address of another potential Customer.

§ 2 General information

  1. The Customer must use the Shop and all services offered by the Seller via the Shop in accordance with regulations being in force in the territory of Poland and these Rules, including in particular principles of social co-existence, moral rights, copyrights and intellectual property rights of the Seller and third parties.
  2. These Rules apply both to Consumers and Enterprises using the Shop (unless a given regulation clearly indicates that it applies solely to Customers being Consumers) and § 16 hereof only applies to Enterprises using the Shop (i.e. carrying out legal activities connected directly with their business or professional activity).
  3. Personal data are processed for purposes, to the extent and on the basis of principles that are set out in the Privacy Policy, which is available on the Shop’s website all the time.
  4. The Privacy Policy also provides for terms and conditions for the Seller collecting, processing and protecting personal data.
  5. Consent forms, i.e. check boxes, concerning the Customer’s personal data are available on the Shop’s website, wherever the personal data are to be given. The content of the consent must be accepted by the Customer on a case-by-case basis. The Customers may update, modify and withdraw their consent for the processing of personal data provided to the Seller on an ongoing basis.
  6. By placing an order, the Customer agrees that the Seller will collect, store and process the Customer’s personal data given on the Shop’s website. The personal data may be shared with other entities solely and exclusively for the purpose of the performance and completion of the Customer’s order. Information about entities with which the data are shared is provided in the Privacy Policy.
  7. Goods may be bought by the Customer that has a place of residence or registered office in Poland, another EU Member State or outside the European Union.
  8. The information published in the Seller’s Shop does not constitute an offer within the meaning of Art. 66 of the Civil Code. This is only an invitation to the Customer to enter into an agreement in accordance with Art. 71 of the Civil Code.
  9. The use of the Shop means any of the Customer’s/User’s activity that results in the Customer/User familiarising themselves with the content of the Shop’s website.
  10. To secure and protect electronic and digital contents, the Seller implements and uses appropriate technical and organisational measures.
  11. The use of electronically supplied services, the public character and use of the Internet network may be connected with certain threats, like the acquisition and modification of the Customer’s data by unauthorised persons or the installation of harmful software in the Customer’s equipment or ICT system. The Customer should use appropriate technical measures to minimise the threats.
  12. The Seller has the right to hold occasional promotional actions and competitions, whose terms and conditions will be always published on the Shop’s website. Promotions of the Shop do not combine, unless rules of a given promotion provide otherwise.
  13. Minimum technical requirements of cooperation with the Seller’s ICT system to enable the Customer to use the Shop are as follows:
    1. a computer, a laptop or another multimedia device with Internet access;
    2. an Internet browser which operates cookies;
    3. an access to electronic mail.

§ 3 Use of the Shop

  1. The Seller offers the following forms of contact:

by phone at +48 502 829 521 from 8 to 16 (GMT+1),

e-mail at store@hdairstudio.com.

xTo buy goods at the Shop, no customer account needs to be opened.

  1. To browse the Shop’s offer, no customer account needs to be opened.
  2. Goods offered by the Shop are sold on the basis of the Customer’s order.
  3. The Customer can make an order without logging in.
  4. However, to access certain website functionalities, the Customer may be required to register an account and log in every time. The use of the Shop’s functionalities is voluntarily.
  5. To use the account properly and to make an order at the Shop, it might be necessary to enable cookies in the Internet browser.
  6. Prices of goods offered by the Shop are given in euro without and with VAT. The price does not include, however, delivery prices and delivery-related costs.
  7. The Customer will be informed about the cost of delivery that must be incurred in connection with the sales agreement and about the final amount due, including taxes, on the Shop’s website in the order form the moment the order is made, in particular when the Customer expresses their will to be bound by the sales agreement and in the delivery cost section.
  8. Costs connected with Internet access and data transmission are payable solely by the Customer in accordance with the rates of an Internet supplier with which the Customer has entered into an Internet service agreement.
  9. The Customer is liable for the authenticity and completeness of data given in particular forms of the Shop.
  10. The Shop provides the following free electronic services: customer account, registration form, contact form, order form, newsletter, online chat, opinions, send to friend. The Seller will inform about disruptions to the above services, if any, on the Shop’s website.
  11. The Customer has the right to make a complaint connected with the performance of free electronic services provided by the Seller. The complaint concerning electronic services and other complaints connected with the operation of the Shop (excluding complaints on goods, which are described below) may be submitted by the Customer in writing to the Seller’s address or by e-mail to the Seller’s e-mail address.
  12. It is recommended that the Customer’s complaint should include a a description of the problem.
  13. The Seller will respond to the complaint immediately, however no later than within 14 calendar days of the complaint submission.
  14. The Customer being a Consumer has also the right of withdrawal from the agreement on electronically supplied services. The Customer can exercise such a right in accordance with these Rules.
  15. The Customer to whom the Seller provides account services for a continuous and unlimited period has the right to terminate the service agreement without reason with immediate effect. The right will be exercised upon the notice of termination of an agreement on electronically supplied services is sent in an electronic or written form.
  16. The Seller reserves the right to terminate the agreement on electronically supplied services which are provided for a continuous and unlimited period subject to a 14-day notice period if the Customer violates these Rules.

§ 4 Opening the account

  1. The Customer opens an account by filling in a registration form. To open an account, the Customer must choose “My account” in the button of the site. In the registration form available in the Shop, the following data must be given: an e-mail address and a password.
  2. Additional data that may be added in the account administration panel will be used to make an order when the order form is filled in.
  3. Customer account registration at the Shop is free of charge.
  4. The service is provided for an unlimited period.
  5. To register and open an account, the Customer or User must accept these Rules, which they may familiarise with while filling in the form, as well as the processing of personal data given in the registration form.
  6. When the form is sent, the Customer will receive a registration confirmation at the previously given e-mail address. To log in the account, the Customer must give a login / a login and a password given in the registration form. Having logged in the account, the Customer may edit the data, verify the status of an order, and view the history of orders.
  7. The Customer has the right to delete the account at any time without reason and cost by sending a relevant request to the Seller, in particular by e-mail.

§ 5 Online Chat

  1. The Seller enables the Customer/User contact via Live Chat. This is a functionality based on a fast online contact.
  2. The electronic service of Online Chat is provided free of charge for an unlimited period until the conversation is ended and the chat window is closed.
  3. To use this electronic service, move a mouse cursor onto the chat window in the right-hand button corner, fill in the message field and confirm by clicking “Send”.
  4. Live chat in the offline mode has the form of a contact form. To use this functionality, give your e-mail address and first name. The data are given voluntarily but are necessary to use the functionality.

§ 6 Newsletter

  1. The agreement concerning the electronic service of newsletter is entered into for an unlimited period and is terminated the moment the Customer sends a request for deleting their e-mail address from the newsletter subscription list.
  2. The electronic service of newsletter consists in sending electronic news containing commercial information about new goods or services to the e-mail address given by the User/Customer.
  3. To subscribe the newsletter, enter your e-mail address in the field, accept visible checkboxes and then click “Subscribe”.
  4. When the User’s/Customer’s request for newsletter subscription is sent, the Seller will immediately send an activation link to the User’s/Customer’s e-mail address. The User/Customer should enter the link in order to confirm the subscription. The moment the subscription is confirmed by the Customer/User, an agreement on electronically supplied services is entered into.
  5. The User/Customer may opt out of the newsletter subscription at any time. To permanently remove the e-mail address from the newsletter subscription, the consent must be cancelled in the Customer’s account panel /a link in the e-mail message must be clicked/ or a relevant request should be sent to the Seller by e-mail or mail.

§ 7 Write a review

  1. The electronic service “Write a review” is provided free of charge.
  2. The Seller enables Customers/Users to add their opinions about goods bought from the Seller directly on the website.
  3. To use this electronic service, click “….” located below a given product and then enter your comment and click “…” to approve.
  4. This service is provided for an unlimited period starting from the moment the User/Customer starts writing a review till the approval or waiver of the review.
  5. To write the review, the Customer/User does not need to log in their account in the Shop.

§ 8 Electronic service “Send to Friend”

  1. The electronic service “Send to Friend” is provided free of charge for a limited period.
  2. The Seller enables the Customer/User to send a recommendation of goods via the interactive form to the e-mail address of another potential Customer.
  3. To use this electronic service, click an envelope icon next to the goods, give the first name and e-mail of an addressee, and click “Send”. A message with a link from the site of the recommended goods will be sent to that e-mail address.
  4. The Customer can opt out of this electronic service at any time by filling in a relevant form.

§ 9 Contact form

  1. The electronic service of contact form is provided electronically to enable the User to send electronic messages by the use of a form available on the website.
  2. The contact form service is provided free of charge.
  3. The service is provided for a limited period from the moment the Customer sets to filling the form in until the Customer gives up filling or sends the filled in form and receives the Seller’s response.
  4. This service enables the Customer to contact the Seller via the interactive form.
  5. To use the contact form, click “Contact” and give your e-mail address, fill in the message field and click “Send”.

§ 10 Terms of ordering

  1. The electronic service of order form is free of charge and is provided on a one-off basis.
  2. Orders may be placed with the Shop 24 hours a day and 7 days a week.
  3. The order is deemed to have been made the moment the order form is filled in.
  4. The agreement is entered into for a limited period. It commences the moment the Customer adds the first goods to the electronic trolley and ends the moment the Customer gives up filling the order form or makes an order and sends the filled-in form by clicking the button approving the purchase and confirming the price payment obligation.
  5. The Customer can familiarise themselves with the Rules and the Privacy Policy still before entering into the agreement or making changes in the order.
  6. The procedure aimed at entering into the sales agreement includes choosing the goods and taking technical actions based on prompts and other information that are displayed on the Shop’s website during the ordering process. Goods are ordered by clocking the button approving the purchase and confirming the price payment obligation.
  7. Goods may be purchased without registration in the account panel.
  8. The order is deemed to have been made when the order form is filled in and the button approving the purchase and confirming the price payment obligation is clicked. Before clicking the button approving the purchase and confirming the price payment obligation, the Customer can modify the data on their own (based on prompts displayed on the website).
  9. If the Customer chooses to make an order without registration (e.g. as a guest), the Customer fills in the order form by giving the following data: first name and surname, delivery address (street, house number, apartment (suite) number, postal code, locality, country), e-mail address, optionally telephone number and data of the sales agreement: goods, quantity, location, delivery method, and payment method. Customers being Enterprises which want to receive an invoice must also give: their business name and VAT No (NIP). At this stage of the ordering procedure, the Customer must check whether the data and goods chosen are correct. The Customer is also able to make an order by logging into the Customer’s account by giving the e-mail and password created during registration.
  10. When the goods are chosen, the whole order is complete and one of delivery and payment methods available at the Shop is chosen, the Customer accepts these Rules and confirms to be familiar with the Privacy Policy and the instruction on withdrawal from the agreement, and orders the goods by sending the order form to the Seller by clicking the button “Place Order”.
  11. The Seller sends an order confirmation and information about order acceptance by e-mail to the Customer’s e-mail address given in the form. Such a message contains all terms and conditions of the sales agreement prior agreed by the Parties, including in particular the quantity and type of goods ordered, total price, costs of delivery, and an number of discounts granted by the Seller. The moment the Customer receives such a message, the sales agreement between the Customer and the Seller is entered into.
  12. Until the Customer clicks “Place Order”, the order may be edited.
  13. The Customer may open the account via the order form. The registration is one-off, voluntary and free of charge. Data given during the account registration will be used in subsequent orders.
  14. The Customer that has opened the Customer account can log in and check the status of the order.

§ 11 Payment and delivery

  1. Prices of goods published on the Shop’s website are gross prices without cost of delivery (in particular the cost of transport, delivery and post office services). They are given to the Customer the moment the order is made and, in particular, the moment the Customer explicitly agrees to be bound by the sales agreement. They are also available in the cost-of-delivery section.
  2. Goods are delivered to the Customer in the way chosen during the ordering procedure.
  3. The Seller offers the following methods of delivery:
    1. The Customer may choose the goods to be delivered by courier;
  1. The Seller offers the following methods of payment for the goods ordered by the Customer:
    1. payment by bank transfer into the Seller’s bank account number:
      1. For PLN payments:

Bank name: mBank S.A. FORMERLY BRE BANK S.A. (RETAIL BANKING) ŁÓDŹ

BIC/SWIFT: BREXPLPWMBK

IBAN: PL82114020040000360270661282

Account holder: HD Air Studio Jakub Jakubczyk

      1. For EURO payments:

Bank name: mBank S.A. FORMERLY BRE BANK S.A. (RETAIL BANKING) ŁÓDŹ

BIC/SWIFT: BREXPLPWMBK

IBAN: PL18114020040000331204159638

Account holder: HD Air Studio Jakub Jakubczyk

      1. For USD payments:

Bank name: mBank S.A. FORMERLY BRE BANK S.A. (RETAIL BANKING) ŁÓDŹ

BIC/SWIFT: BREXPLPWMBK

IBAN: PL46114020040000311204159620

Account holder: HD Air Studio Jakub Jakubczyk

    1. payment by transfer via a third-party payment system:

4.2.1. PayPal Polska sp. z o.o. with its registered office in Warsaw, ul. Emilii Plater 53, Warsaw 00-113, VAT No (NIP): 5252406419, number in the register (KRS): 0000289372, statistical ID (REGON): 141108225 – currently available payment methods are on https://www.paypal.com/.

  1. The Seller documents the sale of goods in the form of an invoice that is attached to the goods ordered by the Customer.
  2. If the Customer has chosen payment by bank transfer, payment by transfer via a third-party payment system (electronic payment) or card payment, the payment must be made within 5 business days from the receipt of the Seller’s order confirmation specifying the total cost of the order, including delivery (from the sales agreement date).
  3. Otherwise, the order will be cancelled.
  4. The delivery of the goods to the Customer is subject to payment, unless the sales agreement provides otherwise.
  5. The goods are delivered to the address given during the ordering procedure.
  6. The cost of delivery may differ and be dependent on a destination country or the size and/or weight of the goods.
  7. The Customer will be informed about an amount of the cost of delivery, which is visible in the order form, on an ongoing basis.

§ 12 Performance of the sales agreement

  1. The Seller must deliver the goods under the sales agreement without defect.
  2. The goods are delivered to the Customer to the address given during the ordering procedure. The goods are delivered by the Courier/Carrier chosen by the Seller.
  3. The goods may be personalised, i.e. produced in accordance with special parameters given by the Customer at the Customer’s special request. To use such an option, the Customer must contact the Seller by e-mail or phone. Detailed information will be given during the ordering procedure or in the form of individual arrangements by e-mail. In the case of agreements concerning goods which are made to the Consumer’s specifications or are clearly personalised, the Customer does not have the right of withdrawal applicable to agreements entered into outside business premises or distance agreements.
  4. The sales agreement is entered into between the Customer and the Seller when the Customer places an order by the use of the order form. To place an order, an active e-mail account is necessary.
  5. The goods are always packed in the way corresponding to their properties. The Seller warrants that the goods are properly protected in transit against damage, flooding, etc.
  6. The Seller informs the Customer that the goods have been released to the Courier by sending a relevant confirmation to the Customer’s e-mail address.
  7. The order summary and confirmation contain all previously agreed terms and conditions of the sales agreement: the quantity and type of the goods, total price, including the cost of delivery and VAT, discounts/deductions, as well as other payables.
  8. The goods are delivered in the way chosen by the Customer.
  9. The goods are usually delivered within 1 to 4 business days, unless a shorter period is specified in the description of specific goods or when the order is placed.
  10. In the case the goods of different delivery dates are ordered, the delivery time is deemed to be the longest period.
  11. In the case the goods of different delivery dates are ordered, the Customer may request that the goods are shipped in instalments or altogether when the whole order is prepared.
  12. If the Customer has chosen payment by bank transfer, payment by transfer via a third-party payment system or (credit or debit) card payment for the goods, the delivery period commences from the day the Seller’s bank account is credited.
  13. While filling in the order form or in the order confirmation sent by e-mail, the Customer is informed about costs of a chosen delivery method.
  14. The Customer may also cancel or change the order, however at the latest till the moment the Seller sends an order confirmation. For such a purpose, the Customer must contact the Seller by phone or e-mail. Thereafter, any cancellation of or change in the order must be agreed with the Seller.
  15. In the event of the occurrence of extraordinary circumstances or inability to perform the order within the time limit agreed with the Customer, the Seller immediately contacts the Customer to agree on further procedures, including a change in the delivery method and an agreement on a new delivery deadline.
  16. Having received the goods, the Customer or an authorised person should, as far as possible, examine the parcel to check whether it is not damaged or flooded or whether the content is not touched. In the presence of a courier, the Customer should, as far as possible, draw up a certificate of damage and notify the Seller.
  17. In the event the goods look damaged, the Seller requests the Customer not to accept the parcel. The above recommendations are without prejudice or limitation to the Customer’s rights to file a complaint under terms and conditions set out herein. Such recommendations are only to help the Seller identify reasons and liability for the damage. The damage can be reported even if the certificate of damage in the goods is not drawn up. The complaint handling procedure is in force whether the recommendations are met or not.
  18. In the event the Customer is absent at the delivery address, the Supplier will leave an advice or will try to contact the Customer at the number given during the ordering process in order to agree on another delivery date. If the Courier/Carrier sends the parcel back to the Seller, the Seller will contact the Customer to agree on a new delivery date and cost.

§ 13 Withdrawal from the agreement

  1. The Customer being a Consumer that has entered into a distance agreement or an agreement outside business premises has the right to withdraw from such sales agreement within 14 days of the agreement date without reason.
  2. The right of withdrawal can be exercised as of the receipt of the goods by the Customer or another person appointed by the Customer, however other than the Carrier.
  3. If the agreement covers many things that are delivered separately, the withdrawal period expires as of the end of 14 calendar days from the delivery of the last of the items, lots or parts ordered by the Customer.
  4. The Consumer may withdraw from the agreement by submitting a notice of withdrawal to the Seller. To meet the withdrawal deadline, it is enough that the Consumer sends the notice before the end of 14 calendar days in writing or by e-mail to the address given in § 1 hereof.
  5. In the event the Consumer withdraws from the distance agreement, the agreement is deemed not to have been entered into.
  6. To submit the notice of withdrawal, the Customer may use a form attached hereto and published on the Shop’s website. This form is not obligatory. The Customer may but does not need to use the form.
  7. The Customer that has submitted the notice of withdrawal to the Seller by e-mail will be immediately notified of the acceptance of such a notice by e-mail or in writing to the address given in the order form.
  8. The Seller will, immediately, however at the latest within 14 calendar days from the receipt of the notice of withdrawal, refund the Customer for all payments made by the Customer, including the cost of delivery, by the use of the same payment methods as those used by the Customer in the original transaction, unless the Customer has explicitly accepted another solution and such a solution does not entail any extra costs to the Customer.
  9. If the Consumer has submitted the notice of withdrawal from the sales agreement before the Seller accepts the offer, the offer becomes ineffective.
  10. The Seller may withhold the refund of the payment until it receives the goods or an evidence that the goods have been shipped, whichever is earlier.
  11. The Customer must send the goods back to the Seller’s address within no less than 14 calendar days of the day the Seller has been informed about the withdrawal.
  12. The Customer being a Consumer pays direct costs of the return of the goods.
  13. In the event the goods cannot be sent by ordinary mail due to the character of the goods, the Seller will inform the Customer being a Consumer about the cost of return on the Shop’s website.
  14. The Consumer is liable for any reduction in the value of the goods as a result of use in the way exceeding a regular use that is necessary to check the character, properties and operation of the goods.
  15. Pursuant to Art. 38 of the Consumer Rights Act, the right of withdrawal from an agreement entered into outside business premises or a distance agreement does not apply to Consumers with regard to the agreement:
    1. concerning the provision of services if the Trader has provided the whole service with the explicit consent of the Consumer, who has been informed, before the service, that they will lose the right of withdrawal upon the provision of the service by the Trader;
    2. where the price or fee depends on fluctuations in the financial market which cannot be controlled by the Trader and which may occur within the withdrawal period;
    3. which provides for the supply of goods which are made to the Consumer’s specifications or are clearly personalised;
    4. where the goods supplied have, given their nature, been inseparably mixed with other items after delivery;
    5. where the Consumer explicitly demands that the Trader arrived to the Consumer to make urgent repair or maintenance; if the Trader also provides other services apart from those requested by the Consumer or delivers things other than spare parts necessary to make the repair or maintenance, the Consumer has the right of withdrawal with regard to such additional services or things;
    6. concerning the delivery of digital contents which are not recorded on a physical medium if the provision of the service has commenced with the Consumer’s explicit consent before the end of the withdrawal period and upon the Trader having informed the Consumer about the loss of the right of withdrawal.

§ 14 Complaints and guarantee

  1. 1.The goods delivered by the Seller to the Customer must be consistent with the order and free of defects.
  2. 2.Detailed information about the Seller’s liability towards the Customer is set out in the Civil Code, in particular Art. 556 to 576.
  3. 3.The Seller is liable for physical or legal defects in the goods sold.
  4. 4.The Customer has the right to lodge a complaint in any form, e.g. in writing to the Seller’s registered office address or by e-mail to the Seller’s e-mail address.
  5. 5.The Customer that exercises rights arising from statutory defect warranty must deliver defective goods to the Seller’s address.
  6. 6.If the rights are exercised by the Customer being the Consumer, the Seller pays the cost of delivery.
  7. 7.If the Customer is a Trader, liability under statutory warranty for defects is excluded.
  8. 8.To lodge a complaint, the Customer is recommended to give the following information; however, if the information is not given, this is without prejudice to the complaint handling procedure as such information may only be helpful to the Seller:
    1. contact data of a person lodging the complaint and the Seller’s data;
    2. the date of purchase of the goods subject to the complaint and the complaint date;
    3. the goods subject to the complaint;
    4. the Consumer’s request.
  9. 9.In the event the Seller fails to respond to the complaint within 14 calendar days, the complaint is deemed to be legitimate. Thereafter, the Seller may not refuse to accept the Consumer’s request.
  10. 10.Goods available and sold at the Shop are/may be covered with the Producer’s guarantee. In such an event, the information about and content of the guarantee will be given in the description of the goods.
  11. 11.Notwithstanding the guarantee terms and conditions, the Customer being a Consumer is entitled to the statutory defect warranty.

§ 15 Traders

  1. This paragraph only applies to Traders, i.e. Customers not being Consumers.
  2. If there are any differences between the provisions of this paragraph (concerning Traders) and other provisions hereof, this paragraph prevails.
  3. The Seller has the right to withdraw from the sales agreement with the Customer not being a Consumer within 14 calendar days of the agreement date. The Seller may withdraw from the sales agreement without reason and the Customer not being a Consumer cannot make any claims against the Seller thereunder.
  4. In the case of Customers not being Consumers, the Seller may terminate the agreement concerning electronically supplied services with immediate effect and without reason by sending a relevant notice.
  5. The Customer being a Trader may take advantage of an online EU ODR platform available on http://ec.europa.eu/consumers/odr/.
  6. The Seller must be contacted before any complaint is lodged.
  7. The moment the Seller releases the goods to the Carrier, all benefits and burdens connected with the goods and a risk of accidental loss or damage pass to the Customer not being a Consumer. In such a case, the Seller is liable neither for the loss, shortage or damage of the goods from the moment they are released for carriage till they are handed over to the Customer nor for carriage delays. In the case of the delivery of the goods via the Carrier, the Customer not being a Consumer must examine the parcel at the time and in the way applicable to parcels of a given type. If the Customer not being a Consumer discovers that the goods have been lost or damaged in transit, it must take all activities that are necessary to identify the Carrier’s liability.
  8. A document based on which complaints concerning defective goods may be lodged by Customers not being Consumers is an invoice.
  9. In the case of Customers not being Consumers, the Seller has the right to limit available payment methods and request full or partial advance payment, whatever the payment method is chosen and whether the sales agreement is entered into or not.
  10. In the case of Customers not being Consumers, the Seller has the right to terminate the agreement concerning electronically supplied services with immediate effect without reason by sending a relevant notice.
  11. Pursuant to Art. 558 § 1 of the Civil Code, liability under statutory defect warranty towards the Customer being a Consumer is hereby excluded.
  12. All disputes between the Shop and the Customer not being a Consumer will be resolved by a court having jurisdiction over the Seller.

§ 16 Out-of-court complaint handling and claim procedures

  1. Detailed information about out-of-court complaint handling and claim procedures, as well as principles for access to such procedures is accessible at the premises and on website of county (municipal) consumer ombudsmen, social organisations which are statutorily in charge of protecting consumer rights, Voivodship Trade Inspectorates and on the following websites of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php,

http://www.uokik.gov.pl/sprawy_indywidualne.php,

http://www.uokik.gov.pl/wazne_adresy.php,

https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

  1. The Customer being a Consumer has the right to take advantage of non-judicial dispute mechanisms, including:
    1. the Customer being a Consumer has the right to file a request for resolving a dispute arising from a sales agreement with a consumer arbitration court referred to in Art. 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws No 2000.4.25, as amended). Rules of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of 25 September 2001 on rules of organisation and operation of permanent consumer arbitration courts (Journal of Laws No 2001.113.1214, as amended);
    2. the Customer being a Consumer may apply to the voivodeship inspector of the Trade Inspection to initiate mediation proceedings for the amicable resolution of a dispute between the Customer and the Seller;
    3. the Customer being a Consumer has the right to obtain free aid to resolve a dispute between the Customer and the shop. For that purpose, the Customer may take advantage of support offered by the county (municipal) consumer ombudsman or a social organisation which is in charge of the protection of consumer rights (e.g. Federation of Consumers);
    4. The Customer being a Consumer may take advantage of an online EU ODR platform available on http://ec.europa.eu/consumers/odr/.This platform is an interactive and multilingual dispute resolution model.

§ 17 Personal data in the Shop

  1. The Seller represents that it complies with all principles for the protection of personal data of persons using the Shop and all legal regulations.
  2. Detailed principles for personal data protection, including rights of data subjects, purposes and scope of personal data collection are set out in the Privacy Policy.
  3. The data are given voluntarily. However, if the personal data given on the website or in these Rules are not given, the sales agreement cannot be entered into.

§ 18 Miscellaneous

  1. The agreements entered into via the Shop are made in English.
  2. All matters not provided for herein are governed by commonly applicable legal regulations of Polish law.
  3. Attachments hereto constitute an integral part of these Rules.
  4. The Seller reserves the right to amend these Rules. The Seller will inform the Customer about each amendment at least 14 days in advance by sending a link to the new regulations by e-mail. The amendments come into force 14 calendar days upon their publication on the Shop’s website. If the Customer does not accept the amendments, the Seller must be notified within 14 calendar days and the agreement is terminated. Otherwise, the amendments are deemed to have been accepted upon the end of the time limit.
  5. All amendments concerning certain electronic services (e.g. customer account, order form) are in force if the User has been correctly notified and failed to terminate the agreement within 14 calendar days of the notice.
  6. No amendments to these Rules affect orders that have already been made and are pending.
  7. These Rules come into force as of 20 March 2020.
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