online shop terms and conditions

I. GENERAL PROVISIONS

  1. These Online Shop Terms and Conditions define in particular the terms of conclusion of Product Sales Contracts and provision of electronic services via the Online Shop; delivery of Products; withdrawal from contracts; as well as the procedure for dealing with defective Products, and they are addressed to both consumers and entrepreneurs (Terms and Conditions).
  2. Whenever used in these Terms and Conditions, the following words and phrases shall have the following meanings:
    1. Customer means a natural person having full legal capacity or, in cases provided for by law, also a natural person having limited legal capacity, and a legal person, or an organisational unit that has no corporate existence but the legal capacity of which is recognised by law, that has concluded, or intends to conclude, a Sales Contract with the Seller;
    2. Shopping Cart means a service available to any Customer who uses the Online Shop which makes it possible to place an Order for one or more Products, enter discount codes to reduce prices on terms set forth in separate agreements/terms and conditions, show the total price, and display the anticipated date of delivery of the Products;
    3. Account means a set of data designated by login and password selected by the Customer in the Seller’s IT system which enables the Customer to use certain Online Shop services. Having registered with the Online Shop, the Customer logs on to their Account using their login and password. The Account enables Customers to view their Order status, access their previous purchases records, and save or change information about their address or billing data;
    4. Newsletter means a service which enables those Customers who use it to receive information from the Seller about Products or Online Shop, including in particular information about special offers or news relating thereto, at the email address or phone number provided by the Customer;
    5. Product means any movable property which is available for purchase from the Online Shop and which is the subject of Sales Contract between the Customer and the Seller;
    6. Special Offer means any special terms applicable to electronic services contracts or Sales Contracts, as offered by the Seller at any specific time, that the Customer may take advantage of in accordance with the principles set forth in such special offer terms and conditions, which involve, for instance, a temporary reduction of Product prices;
    7. Online Shop means the website at www.techland-merch.com, which offers a possibility for Product Sales Contracts to be concluded between the Seller and the Customer, and for Seller’s electronically supplied services to be used by the Customer to the extent provided for in these Terms and Conditions;
    8. Seller means APMAR TRADE sp. z o.o. with its registered office in Wrocław, address: ul. Jana Szczyrki 11, 54-426 Wrocław, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) maintained by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under the KRS number: 0000764425, NIP (Tax ID No.): 8943136355, REGON (Statistical ID No.): 382163714, share capital: PLN 5,000.00, email: support@techland-merch.com;
    9. Sales Contract means a contract for the sale of a Product concluded between the Customer and the Seller via the Online Shop;
    10. Order means a declaration of will to conclude a distance contract of sale which is made by the Customer using means of distance communication, and which specifies the Product in respect of which the Customer offers to conclude the Sales Contract; the price of the Product; and Customer’s details. An Order for each Product will be treated as an independent offer by the Customer to conclude a Sales Contract. The Sales Contract shall be deemed to be concluded once the Order is accepted. Orders may be assigned specific reference numbers.
  3. Detailed information about personal data processing rules can be found in our Privacy Policy available at: https://techland-merch.com/privacy-policy-cterms-eng-37.html

II. ELECTRONIC SERVICES IN THE ONLINE SHOP

  1. As part of our Online Shop, we provide electronically supplied services such as: the Account, the Newsletter, the possibility to conclude Sales Contracts, including the following: placement of Orders, using the Shopping Cart, and taking advantage of Special Offers (e.g. a loyalty program), all as set forth in these Terms and Conditions. The use of any electronically supplied service commences at the moment when such service is used, unless these Terms and Conditions, or the specific nature of any electronically supplied service, provide otherwise.
  2. A contract for the provision of electronic services to enable the Customer to set up and use an Account on the Online Shop website is concluded at the moment when the Customer receives an email confirming that the Account has been created.
  3. It is not mandatory to set up an Account in order to conclude the Sales Contract or use the electronically supplied services, unless the nature of such services or these Terms and Conditions provide otherwise (for instance, in the event of a Special Offer, an account must be set up in order to be able to take advantage of any such Special Offer as well as a one-time account created only for the needs of the implementation and service of a specific Order). 
  4. In the case of purchases without registration, for the Customer is created a one-time account only for the purposes of the implementation and handling of a given Order, which is not tantamount to the Customer Account, i.e. it does not have its functionality (no contract for the provision of electronic services is concluded for an indefinite period regarding the creation of Accounts). Along with the message confirming the submission of the Order, the Customer will receive a login and password that will enable him to set up a Customer Account also at the stage of finalizing the Order, without registration, e.g. to track the stage of the Order, change the delivery address or return or make a complaint about the purchased products.
  5. Customers can delete their Accounts at any time and without giving any reason by sending the relevant request to the Seller at the mailing address or email address specified in these Terms and Conditions. The deletion of the Account shall be tantamount to the termination of the contract for the provision of electronic services between the Online Shop and the Customer.
  6. Orders are placed upon completion of the Order form. By clicking on the “Buy and Pay” button, or otherwise submitting an Order with the obligation to pay in a manner which clearly confirms the will to conclude the Sales Contract, the Customer places an Order with the obligation to pay.
  7. To sign up to the Newsletter, the Customer must enter their email address in the Newsletter sign-up box on the Online Shop website, click on the “Sign Up” button. The Customer may also sign up to the Newsletter upon providing the email address and telephone number in the order form, clicking the respective consent and clicking on the “Buy and Pay” button, and confirm their will to sign up to the Newsletter by clicking on the confirmation link which will be sent automatically to the email address provided by the Customer. 
  8. Customers can unsubscribe from the Newsletter at any time and without giving any reason by sending the relevant request to the Seller at the mailing address or email address specified in these Terms and Conditions, or by clicking on the “unsubscribe” link in any Newsletter email sent to the Customer. Unsubscribing from the Newsletter shall be tantamount to the termination of the contract for the provision of electronic services between the Online Shop and the Customer. 
  9. The detailed terms and conditions of providing the services of the Newsletter have been set forth in the Newsletter terms and conditions available at: https://techland-merch.com/Newsletter-terms-and-conditions-cterms-eng-31.html
  10. The Customer must:
    1. use the Online Shop in a manner that is compliant with the law and provisions of these Terms and Conditions, while respecting the rules of social conduct and the personal rights, copyright and intellectual property of the Seller or any third parties;
    2. abstain from providing or communicating any content that is illegal, indecent or vulgar;
    3. use the Online Shop in such a manner so as not to disrupt its operation;
    4. provide data that are true and accurate.
  11. The Customer acknowledges that the use of electronically supplied services may entail a risk, and that the basic Internet threats include the following: (i) malware, (ii) spyware, (iii) SPAM, (iv) eliciting of confidential personal information (e.g. passwords) by purporting to be a given person or institution (phishing), or (v) attacks on the Customer’s IT system using hacking tools, etc.
  12. Protection against the threats associated with the Customer’s use of electronically supplied services may be provided, among other things, by anti-virus programs, enabled firewalls, regular scans of the entire system using an anti-virus program, data transmission encryption, or use of systems and applications from legal and known sources. 
  13. Current information about the role and purpose of any software or data which do not form part of the content of services but are placed on the IT system used by the Customer (cookies), can be found in our Privacy Policy at: https://techland-merch.com/Cookies-Policy-cterms-eng-30.html.
  14. In order to access the Seller’s IT system and use any electronically supplied service, the Customer should meet the following technical requirements: have access to the Internet; have an email account; and use a cookies-enabled browser. At the same time, we declare that our Online Shop is best experienced using the following browsers: (i) on desktops: (a) for Windows: Google Chrome (three latest versions), Mozilla Firefox (three latest versions), Microsoft Edge (three latest versions), Opera (three latest versions); (b) for Mac: Google Chrome (three latest versions), Mozilla Firefox (three latest versions), Opera (three latest versions), Safari (three latest versions); (ii) on mobile devices: (a) for Android: Chrome for Android (three latest versions), Firefox for Android (the latest version), Samsung Internet (three latest versions), Microsoft Edge (three latest versions); (b) for iOS: Chrome for iOS (three latest versions), Firefox for iOS (the latest version), iOS Safari (three latest versions). 
  15. Any complaints relating to the provision of electronic services or other complaints relating to the operation of the Online Shop should be in writing and sent to the Seller at the mailing address or email address specified in these Terms and Conditions. The Seller shall respond to the Customer’s complaint promptly, not later however than within 30 calendar days of the day that the complaint is lodged, which shall not apply to Product complaints referred to in Section VI hereof, in which case the time limit shall be 14 calendar days of the day that the complaint is lodged.
  16. Customers who are consumers will be notified of any planned assignment of rights and obligations arising under their contracts for the provision of electronic services with the Online Shop to another entity by email not later than 14 days prior to the planned assignment date. Customer’s failure to object to the assignment of rights and obligations within that time limit shall be deemed to be their consent. 
  17. Customers who are consumers have the right to assign their rights and obligations arising under their contracts for the provision of electronic services with the Online Shop to another entity. In such case, the Customer must notify the Online Shop of the planned assignment by email not later than 14 days prior to the planned assignment date. Failure to object to the assignment of rights and obligations within the aforementioned time limit shall be deemed to be the Seller’s consent.
  18. In cases referred to in paragraphs 15 and 16 above, any objection sent by email within the required time limit shall be considered as termination of the contract relating to the Online Shop, unless the Customer and the Seller agree otherwise.

III. TERMS OF SALES CONTRACT CONCLUSION

  1. The Customer may purchase Products offered by the Online Shop by placing an Order. Orders may be placed 24 hours a day, 7 days a week via the Online Shop website.
  2. To place an Order, the Customer must read and accept these Terms and Conditions. 
  3. The prices of Products available from the Online Shop are in Polish zlotys and are shown as gross prices, i.e. they are inclusive of taxes, including the goods and services tax (VAT). 
  4. The Customer is informed about the total price of the Product, inclusive of taxes, and of the shipping costs and other costs, or, if the amount of such costs cannot be determined, of the obligation to pay them, on the Online Shop website while placing an Order, and also when the Customer expresses their will to be bound by the Sales Contract. The final and binding price is the price specified in Order summary in the Shopping Cart at the moment when the Customer places their Order. 
  5. The main characteristics of contractual obligation, taking account of the subject thereof and the manner of communication with the Customer, are specified on Product page or stated in another manner relevant to the Product in the Online Shop.  
  6. Any information displayed in the Online Shop is an invitation from the Seller to the Customer to conclude a contract within the meaning of Article 71 of the Civil Code, and not an offer within the meaning of the Civil Code.
  7. Once the Order is placed, the Seller sends an email to the Customer to confirm the receipt and acceptance of the Order (the Sales Contract is concluded).
  8. If an Order cannot be processed, the Sales Contract in respect of the Products identified by the Seller is not concluded, and the Seller shall promptly, not later however than within 14 days and to the extent in which the Sales Contract has not been concluded, reimburse any payments made by the Customer. In the event that a performance is impossible, or in other situations provided for by law, the relevant provisions of the Civil Code may apply, including Articles 493-495 of the Civil Code, and in particular those relating to the obligation to return to the consumer what he or she has provided immediately.
  9. By placing an Order, the Customer acknowledges and accepts that each sale transaction is documented with a VAT invoice issued by the Seller in electronic form.
  10. The contents (essential terms) of any Sales Contract concluded will be confirmed, provided, recorded and secured by means of an email sent to the Customer, as referred to in paragraph 7 above, with the following attachments enclosed thereto in PDF format: these Terms and Conditions, information about the right to withdraw from the Sales Contract, and model form of Declaration of Withdrawal from the Sales Contract (durable medium). The contents of the Sales Contract will also be recorded and secured in the IT system of the Online Shop. Once the Sales Contract is concluded, the Seller will provide the Customer with a proof of purchase, either electronically or with the package containing the Product. Order specifications may also be added to the package. If a VAT invoice is issued, the Customer agrees for the VAT invoice to be sent to their email address. The Seller may implement certain technical means of Customer authentication before the Customer can download the VAT invoice.
  11. The Seller may add further methods of Order placement using means of distance communication on the terms specified herein.
  12. Special Offers available in the Online Shop cannot be combined, unless their terms explicitly provide otherwise.

IV. PAYMENT METHODS AND DEADLINES

  1. The payment methods that the Seller makes available to the Customer are those specified in the “Payment” section of the Online Shop.
  2. Settlements of electronic payment or payment card transactions are performed in accordance with the Customer’s selection as part of the options provided in the Online Shop.
  3. If the Customer selects electronic payments or card payment, the Customer has an obligation to make the payment within 1 working day of the date of receiving the Seller’s email confirming the receipt and acceptance of the Order. In the event of no payment within the aforementioned time limit, the Order will be cancelled, and the Customer will be notified thereof by email. The Customer incurs no costs relating to Order cancellation.

V. COSTS, METHODS, DATES OF DELIVERY AND COLLECTION OF PRODUCTS ORDERED

  1. The Seller ships the Product to the address given in the Order form.
  2. Unless the Sales Contract provides otherwise, Products are shipped to Customers for a fee. Product shipping costs are notified to the Customer during the Order placement procedure. 
  3. The Seller offers such methods of delivery or collection of Products as were shown to the Customer during the Order placement procedure.
  4. Products are shipped on working days not later than within 30 days of the Order date (unless the Order has been cancelled due to no payment in accordance with paragraph IV. 3. above).
  5. The carrier and the method of payment are selected by the Customer in the Order form. 
  6. In case the shipped Products are not collected by the Customer for reasons attributable to the Customer, the Customer will have an obligation to reimburse the costs incurred by the Seller in that respect, i.e. the costs to ship the Products to the Customer and the costs of return shipment. At the same time, the Seller will refund the Price paid by the Customer for the Product in accordance with the applicable laws.
  7. The shipping cost also includes the costs of packing and securing of Products.
  8. The shipping cost (if applicable) is shown as a separate item on the proof of purchase.
  9. On receipt, the Customer should check the condition of the package to make sure, in particular, that it has not been damaged. Should any damage be noticed, the Customer has the right to request the courier to draw up a damage report. The Customer should verify if the Product matches the Order, and if any discrepancy is found, the Customer should immediately notify the Seller thereof, and the Seller should replace any such Product with a Product that matches the Order.
  10. Products are shipped within the territory of the Republic of Poland and to selected countries listed in the Order form and in the section “Delivery” on the website of the Online Shop. The Seller reserves the right to temporarily suspend the delivery to specific geographic areas, which are normally included in the possible scope of delivery of the Products, in a situation where delivery to such areas was or has become impossible or significantly impeded, for reasons related to obligations, orders, prohibitions, limits or restrictions resulting from the legal provisions in force in a given area.

VI. COMPLAINTS

  1. If any Product is defective, the Customer may lodge a complaint. The complaint may be lodged through a dedicated platform available at: https://techland-merch.com/rma-open.php (hereinafter: „the Complaints Platform”), which has been created specifically for the Customers of the Shop in order to simplify the complaint procedure. Using the Complaints Platform is the quickest and the simplest way to notify the complaint regarding the Product, however it is not obligatory. The Customer may also lodge the complaint:
    1. in writing to the following address: APMAR TRADE sp. z o.o., ul. Jana Szczyrki 11, 54-426 Wrocław, Poland;
    2. by email at: support@techland-merch.com.
  2. A model complaint form is attached as Appendix 1 to these Terms and Conditions. The Customer may use the model form but it is not obligatory. Using the model withdrawal form is not necessary in particular in the event that the Customer lodges a complaint by means of the Complaints Platform.
  3. Pursuant to Article 560 et seq. of the Civil Code, the Customer has the right to:
    1. request that the Product be replaced with a defect-free product or that the defect be remedied within a reasonable time and without excessive inconvenience to the Customer. The Seller may refuse to accommodate the Customer’s request where making the Product compliant with the contract in the manner selected by the Customer is impossible or would require excessive costs when compared to the alternative manner of making the Product compliant with the contract. If the Customer is an entrepreneur, the Seller may refuse to replace a defective Product with a defect-free Product or to remedy a defect also where the costs of meeting this obligation would exceed the price of the Product;
    2. request that the Price be reduced or withdraw from the Sales Contract, unless the Seller replaces the defective Product with a defect-free product or remedies the defect promptly and without excessive inconvenience to the Customer. This limitation shall not apply if the Product has already been replaced or repaired by the Seller or if the Seller has not complied with the obligation either to replace the Product with a defect-free product or to remedy the defect; 
    3. where the Customer is a consumer, the Customer may request replacement of the defective Product with a defect-free product instead of remedy of the defect as proposed by the Seller, or remedy of the defect instead of replacement, unless making the Product compliant with the Sales Contract in the manner selected by the Customer is impossible or would require excessive costs when compared to the manner suggested by the Seller. Assessment of excessive costs takes into account the value of the defect-free Product, the nature and significance of the noted defect, and the inconvenience which might befall the Customer if a different solution is applied.
  4. The Customer may not withdraw from the Sales Contract if the defect is insignificant.
  5. Photographic documentation indicating the defect of the Product shall be attached to the complaint in such a way that it shall allow the Seller to review the complaint without the necessity to end back the Product by the Customer. 
  6. The Customer shall send back the Product being the subject of a complaint only in the event that the review of the complaint turns out to be impossible without a visual inspection of the Product by the Seller or the Seller accepts the complaint and explicitly notifies the Customer that it expects the Product to be sent back. The return shall be made to the following address: APMAR TRADE sp. z o.o., adres: ul. Jana Szczyrki 11, 54-426 Wrocław, Poland, adding a note saying “Complaint”.
  7. In the event that the Customer lodges a complaint by means of the Complaints Platform, the Customer has an opportunity to process the return the Product being the subject of the complaint free of charge, using the „Inpost quick returns” service. A code enabling the Customer to send the return at a parcel locker will be provided to the Customer promptly upon completing the procedure of the Product return by means of the Complaints Platform. If the Customer uses a different method of returning the advertised Product to the Seller, the Customer is obliged to bear the direct costs of returning the Products to the Seller, which will then be returned to him by the Seller.
  8. The Seller will respond to the Customer’s complaint promptly, not later however than within 14 calendar days of the day that the complaint is lodged. No response from the Seller within the aforementioned time limit means that the Seller has found the complaint to be justified.
  9. Provisions of this point VI sec. 1-8 above shall apply also to a natural person concluding a contract directly related to its business activity, if the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by it, made available on the basis of provisions on the Central Register and Information on Economic Activity.

VII. RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The Customer, being a consumer, who concludes a distance contract may withdraw from the contract, which is tantamount to returning the Product, within 30 calendar days without giving any reason by submitting a relevant notice in that respect. The aforementioned time limit is considered observed if the notice is sent before the time limit ends. The notice of withdrawal may be submitted through a dedicated platform available at: https://techland-merch.com/returns-open.php (hereinafter: „the Returns Platform”), which has been created specifically for the Customers of the Shop in order to simplify the Product return procedure. Using the Returns Platform is the quickest and the simplest way to notify the return of the Product, however it is not obligatory. The Customer may also submit the withdrawal notice:
    1. in writing to the following address: APMAR TRADE sp. z o.o., ul. Jana Szczyrki 11, 54-426 Wrocław, Poland;
    2. by email at: support@techland-merch.com.
  2. Model withdrawal forms are attached as Appendix 2 to the Act of 30 May 2014 on consumer rights, and as Appendix 2 to these Terms and Conditions. The Customer may use the model form but it is not obligatory. Using the model withdrawal form is not necessary in particular in the event that the Customer notifies the return by means of the Returns Platform.
  3. If the Customer sends their notice of withdrawal by email in accordance with paragraph 1b above, the Seller will promptly send to the Customer a confirmation of receipt of the notice of withdrawal.
  4. The time limit for withdrawal from a contract starts:
    1. with respect to contracts under which the Seller is required to hand over and transfer ownership title to the Product (e.g. sales contract) – from the moment the Customer or a third party, other than a carrier, designated by the Customer comes into possession of the Product, and in the case of a contract which concerns numerous Products which are delivered separately, in lots or pieces – from the moment of the taking of possession of the last Product, lot, or piece;
    2. for other types of contracts – from the day that the contract is concluded.
  5. In cases of withdrawal from a distance contract, the contract is deemed not to have been concluded.
  6. The Customer is required to return the Product to the Seller promptly, not later however than within 14 calendar days from the day on which the Customer withdrew from the contract. The time limit is considered observed if the Product is sent back before the time limit expires. The Customer may return the Product to the following address: APMAR TRADE sp. z o.o., adres: ul. Jana Szczyrki 11, 54-426 Wrocław, Poland, adding a note saying “Returns”. Returns shipped at the Seller’s cost or via collect shipment will not be accepted. In the event that the Customer notifies the return by means of the Returns Platform, the Customer has an opportunity to process the return free of charge, using the „Inpost quick returns” service. A code enabling the Customer to send the return at a parcel locker will be provided to the Customer promptly upon completing the procedure of the Product return by means of the Returns Platform. The Product being returned shall be properly packed in such a manner that it is secured from damage, defect or loss. The Customer shall attach the proof of purchase to the returned Product. 
  7. The Seller is required to promptly reimburse the Customer, within not more than 14 calendar days from the day of receipt of the Customer’s notice of withdrawal from the Sales Contract, for all costs incurred by the latter, including the costs of Product shipment (with the exception of any additional costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard shipment method offered by the Online Shop). 
  8. The Seller reimburses the payment using the same method of payment that the Customer used, unless the Customer explicitly gives their consent to another method of reimbursement which does not generate any costs for the Customer. In case of payments made on delivery, the Customer may provide the number of their bank account into which the Customer wishes the funds to be reimbursed. If the Customer decides to return the advertised Product in a different way, then he is obliged to cover the direct costs of returning the Product complained about, which will then be returned to him by the Seller.
  9. The Seller may withhold the reimbursement of payments received from the Customer until the Product has been returned or the Customer has provided confirmation that the Product has been sent back, whichever event occurs first.
  10. The Customer is liable for any decrease in value of the Product resulting from its use in a manner exceeding the reasonable use necessary to ascertain the nature, features and functions of the Product.
  11. The consumer is not entitled to withdraw from a distance contract in relation to contracts referred to in Article 38 of the Act of 30 May 2014 on consumer rights.

VIII. PROVISIONS RELATING TO ENTREPRENEURS

  1. The provisions of this Section VIII apply solely to those Customers of the Online Shop who are not consumers.
  2. The Seller has the right to withdraw from a Sales Contract concluded with a Customer who is not a consumer within 30 calendar days of the date of contract conclusion. In such case, the Seller may withdraw from the Sales Contract without giving any reason, and such withdrawal shall not give rise to any claims against the Seller on the part of the non-consumer Customer.
  3. In the event of non-consumer Customers, the Seller has the right to limit the range of available payment methods, as well as require prepayment in full or in part, irrespective of the method of payment chosen by the Customer and irrespective of the Sales Contract conclusion.
  4. When the Seller releases the Product to the carrier for shipment, the benefits and burdens associated with the Product and the risk of accidental loss of, or damage to, the Product shall pass on to the non-consumer Customer. In this case, the Seller shall not be liable for any loss of, or damage to, the Product arising from the moment that the Product is accepted for transport until it is delivered to the Customer, or for any delay in shipment.
  5. If the Product is sent to the Customer via a shipping company, the non-consumer Customer must examine the package within such time and in such manner as are customary for shipments of that type. If the Customer finds that a loss or damage occurred to the Product in transit, the Customer must take all and any actions required to determine the liability of the carrier.
  6. Pursuant to Article 558(1) of the Civil Code, the Seller’s liability for the Product to the non-consumer Customer under the statutory warranty (Polish: rękojmia) is excluded.
  7. In the case of Customers who are not consumers, the Seller may terminate the contract for the provision of electronic services with immediate effect and without giving any reason by sending the relevant notice to the Customer.
  8. The liability of the Seller to the Customer who is not a consumer, regardless of the legal basis thereof, is limited, for any one claim and for all claims in the aggregate, to the amount of the price and the shipping costs paid under the Sales Contract, not more, however, than PLN 1,000.00. The Seller shall only be liable to the non-consumer Customer for typical damage that is foreseeable at the time of conclusion of the contract and shall not be liable to the non-consumer Customer for any loss of profits.
  9. Any disputes arising between the Seller and the Customer who is not a consumer shall be resolved by the court having jurisdiction over the registered office of the Seller.
  10. In the event of assignment of rights and obligations arising under a contract for the provision of electronic services with the Online Shop to another entity, non-consumer Customers shall hereby give their consent thereto.

IX. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO SUCH PROCEDURES

  1. Detailed information about the availability of out-of-court complaint and redress procedures for Customers who are consumers, and the rules of access to those procedures, can be found at local offices and on websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include the protection of consumers, Regional Inspectorate for Trade Inspection, and on the website of the Office of Competition and Consumer Protection at:
    1. http://www.uokik.gov.pl/spory_konsumenckie.php;
    2. https://www.uokik.gov.pl/sprawy_indywidualne.php
    3. https://www.uokik.gov.pl/wazne_adresy.php.
  2. The Customer who is a consumer has, among other things, the following possibilities in respect of out-of-court complaint and redress procedures:
    1. The Customer has the right to apply to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection with a request for resolution of a dispute arising out of the Sales Contract. The rules of organisation and operation of permanent consumer arbitration courts are laid down in the Regulation of the Minister of Justice of 25 September 2001 on defining the rules of organisation and operation of permanent consumer arbitration courts;
    2. Pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection, the Customer has the right to apply to the Regional Inspector of Trade Inspection with a request for initiation of mediation proceedings to amicably resolve their dispute with the Seller. Information about the rules and the procedure of mediation carried out by the Regional Inspector of Trade Inspection can be found at local offices and on websites of Regional Inspectorates of Trade Inspection  (https://wiih.ibip.wroc.pl/public/); 
    3. By taking advantage of free assistance provided by the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include the protection of consumers, e.g. Polish Consumers’ Association or Consumer Federation, the Customer may obtain free assistance to settle the dispute with the Seller (https://konsumenci.org/).
  3. The Customer who is a consumer may also use an online dispute resolution (ODR) platform in accordance with Regulation (EU) 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)  2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), available at: ec.europa.eu/consumers/odr. The purpose of the ODR platform is to facilitate the independent, impartial, transparent, effective, fast and fair out-of-court resolution of disputes between consumers and entrepreneurs concerning contractual obligations stemming from online sales or service contracts between a consumer resident in the European Union and an entrepreneur established in the European Union.

X. AMENDMENT OF THESE TERMS AND CONDITIONS/TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. The Seller reserves the right to amend these Terms and Conditions as set forth hereinbelow.
  2. The Seller may amend these Terms and Conditions for important reasons (except for Section VIII hereof which applies to non-consumer Customers and which may be amended at any time under the generally applicable laws and regulations), which include the following:
    1. change of the scope or manner of provision of services to which these Terms and Conditions apply, by implementing new or by amending or deleting the existing functionalities or services;
    2. change of laws which govern in particular the sale of Products or provision of electronic services by the Seller, where such change affects mutual rights or obligations of the Customer and the Seller; or change in the interpretation of such laws stemming, e.g. from court rulings or decisions of competent authorities;
    3. change of the manner of provision of services to which these Terms and Conditions apply, as a result of technical or technological changes.
  3. If these Terms and Conditions are amended, the Seller will make the consolidated text of these Terms and Conditions available to the Customer by posting it on the Online Shop website and by sending an email to the Customer’s email address given on conclusion of the contract for the provision of electronic services, which shall be considered by the Customer and by the Seller as introduction of information to the means of electronic communication in such a manner that the Customer could have read its content. 
  4. Any amendment of these Terms and Conditions shall come into force upon expiration of 14 days after the information about any such amendment is sent. In the event of Customers who have entered with the Seller into a contract for the provision of electronic services of a continuous nature, e.g. those who hold an Account, such Customers shall have the right to terminate their contracts for the provision of electronic services, provided that the requirements referred to in Articles 384 and 3841 of the Civil Code have been met, within 14 days of being notified of the amendment of these Terms and Conditions (insofar as the nature of such contracts so allows). 
  5. In the event of contracts other than continuous contracts concluded under these Terms and Conditions (e.g. Sales Contracts), the amendments of these Terms and Conditions shall be without prejudice to any rights which may have accrued to the Customers being consumers prior to the effective date of any such amendments; in particular, no amendments of these Terms and Conditions shall affect any already placed or submitted Orders or any concluded, implemented or performed Sales Contracts: any Customer who concludes a Sales Contract with the Seller shall be bound by the Terms and Conditions that the Customer has accepted on Order placement. 
  6. Any contractual provisions which are less favourable to consumers than the provisions of the Act on consumer rights shall be invalid, and they shall be replaced by provisions of the Act on consumer rights. No provisions of these Terms and Conditions are intended to exclude or limit any rights that the consumers may have under the mandatory provisions of law, and any doubts must be interpreted in favour of consumers. In the event of any unintended non-compliance of the provisions of these Terms and Conditions with the laws referred to above, those laws shall prevail and they shall be applied by the Seller.
  7. The Seller may terminate the contract for the provision of electronic services, or the licence referred to in paragraph XI.3. hereof granted under these Terms and Conditions, at any time by giving a one-month notice to the Customer for important reasons, including the following:
    1. change of the scope or manner of provision of services to which these Terms and Conditions apply, by implementing new or by amending or deleting the existing functionalities or services;
    2. change of laws which govern in particular the sale of Products or provision of electronic services by the Seller, where such change affects mutual rights or obligations of the Customer and the Seller; or change in the interpretation of such laws stemming, e.g. from court rulings or decisions of competent authorities;
    3. change of the manner of provision of services to which these Terms and Conditions apply, as a result of technical or technological changes.
  8. Irrespective of paragraph 7 above, the Seller may terminate the contract for the provision of electronic services with immediate effect (while respecting the personal data processing laws, including in particular the GDPR), if there are no activities performed by the Customer in the Online Shop for a continuous period of at least 3 years.
  9. The Seller’s notice within the scope referred to in paragraphs 7 and 8 above shall be sent by email to the Customer’s address provided when setting up the Account or placing an Order.

XI. FINAL PROVISIONS

  1. These Terms and Conditions and the appendices to these Terms and Conditions form a model contract within the meaning of Article 384(1) of the Civil Code.
  2. The contents of these Terms and Conditions may be recorded by the Customer at any time by being printed out, saved onto a storage medium or downloaded from the Online Shop website.
  3. The exclusive rights to the content used in the Online Shop, including in particular the copyright, the Online Shop’s name (logo, trademark), any software, database rights or graphical elements forming part of the Online Shop are protected by law and are vested in the Seller or in the entities with which the Seller has entered into the relevant agreements. The Customer has the right to use the aforementioned content free of charge, in accordance with the provisions of law, but only for his or her own personal use and solely for the purpose of proper use of the Online Shop.
  4. The Seller can be contacted at the mailing address or email address specified herein.
  5. The Seller reserves the right to restrict the use of the Online Shop due to technical service and maintenance or any work aimed at improving its functionalities. 
  6. In matters not regulated under these Terms and Conditions, the provisions of the generally applicable Polish laws shall apply, including in particular the provisions of the Civil Code; Act of 18 July 2002 on provision of electronic services; Act of 30 May 2014 on consumer rights; and other relevant provisions of the generally applicable law.
  7. The choice of the Polish law under these Terms and Conditions does not deprive the consumer of the protection afforded to him or her under the provisions that cannot be excluded by agreement between the Seller and the consumer under the law that would be applicable under the relevant regulations in the absence of choice.
  8. These Terms and Conditions come into force as of December 20, 2021.

Appendices:

  1. Complaint model form
  2. Withdrawal model form
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