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Online Store Terms and Conditions

I. DEFINITIONS

  1. Online Store - the internet store available at www.masuriawild.com, operated by the Seller,
  2. Terms and Conditions - the terms and conditions of the Online Store, as referred to in Article 8 of the Act of July 18, 2002, on providing services by electronic means,
  3. Seller - Sebastian Pawłowski, conducting business under the company "Firma Produkcyjna Handlowa 'Blender' Sebastian Pawłowski," with its registered office at ul. Mieczysława Orłowicza no. 23, loc. 37, Olsztyn 10-684, registered in the Central Registration and Information on Business, Tax ID (NIP): 7411545851, National Business Registry Number (REGON): 511432132, correspondence address: ul. Mieczysława Orłowicza no. 23, loc. 37, Olsztyn 10-684, email: info@masurialiving.com, phone: +48 89 646 49 62, registered in the BDO registry (Database on products and packaging and waste management maintained by the Marshal of the Warmian-Masurian Voivodeship) under the registration number: 000413243,
  4. Buyer - a Consumer or Entrepreneur using the Seller's electronic services within the Online Store or entering into a Sales Agreement with the Seller,
  5. Consumer - a consumer within the meaning of Article 221 of the Act of April 23, 1964 - Civil Code, i.e., a natural person with full capacity to perform acts in law or - in cases provided for by law - limited capacity to perform acts in law, entering into a Sales Agreement with the Seller or using services provided by the Seller electronically, not directly related to their business or professional activities,
  6. Entrepreneur - an entrepreneur within the meaning of Article 431 of the Civil Code, i.e., a natural person, legal person or organizational unit without legal personality, which is granted legal capacity by law, conducting its own business or professional activity, entering into a Sales Agreement with the Seller or using services provided by the Seller electronically,
  7. Registration Form - a form available in the Online Store enabling the creation of an Account,
  8. Account - a set of resources in the Seller's IT system marked with an individual name (login) and password assigned to the Buyer, where the Buyer's data is collected, including information about placed Orders, the creation of which requires the Buyer to fill in the Registration Form,
  9. Order Form - a form available in the Online Store enabling the Buyer to place an Order and its execution after setting up an Account, as well as without the need to set up an Account,
  10. Order - a declaration of intent of the Buyer constituting an offer to conclude a Sales Agreement with the Seller,
  11. Sales Agreement - a sales agreement within the meaning of the Civil Code provisions concluded between the Seller and the Buyer remotely via the Online Store, in the Polish language, concerning the purchase of Goods,
  12. Basket - a virtual tool enabling the Buyer to aggregate selected Goods before purchasing them and calculate their value, while making a selection of Goods, the Buyer can freely manage the contents of the Basket by adding or removing Goods,
  13. Goods - movable items available in the Online Store, being the subject of the Sales Agreement, including Special Goods (taking into account the provisions of the Terms and Conditions relating only and exclusively to Special Goods),
  14. Special Goods - movable items available in the Online Store, being the subject of the Sales Agreement, which due to their individual properties (including, in particular, due to specification, method of production on individual order, uniqueness or limited availability) are subject to special sales rules included in the provisions of the Terms and Conditions,
  15. Proof of Purchase - a fiscal receipt or VAT invoice issued by the Seller and confirming the conclusion of the Sales Agreement,
  16. Promotion - a time-limited price discount for selected Goods, which may be the subject of the Sales Agreement, or another benefit provided for the Buyer in connection with the conclusion of the Sales Agreement or setting up an Account,
  17. Newsletter - a service provided electronically by the Seller after the Buyer has given prior consent, consisting of automatically receiving by the Buyer the most important information, including commercial information, related to the Online Store, sent to the email address provided by the Buyer,
  18. Materials - photos of Goods and other materials (including, in particular, texts, graphics, logos, source codes) being works within the meaning of the Act of February 4, 1994, on copyright and related rights, published in the Online Store and owned by the Seller or used by the Seller with the consent of a third party or entity to whom intellectual property rights to the Materials belong,
  19. Privacy Policy - a document available in the Online Store, specifying the rules related to the processing of personal data by the Seller within the Online Store, fulfilling its information obligation as referred to in the data protection regulations,
  20. Annex No. 1 (Complaint Form) - a model form attached to the Terms and Conditions enabling the submission of a complaint, as referred to in § 8 of the Terms and Conditions,
  21. Annex No. 2 - a model declaration of withdrawal from the Sales Agreement attached to the Terms and Conditions, as referred to in § 10 of the Terms and Conditions,
  22. Civil Code - the Act of April 23, 1964 - Civil Code,
  23. Act - the Act of May 30, 2014, on consumer rights.

§ 2. GENERAL PROVISIONS.

  1. The Terms and Conditions apply to Sales Agreements and other services provided by the Seller via the Online Store.
  2. Services provided electronically by the Seller in the Online Store consist in enabling the Buyer by the Seller to:
    •     a. enter into Sales Agreements on the terms specified in the provisions of these Terms and Conditions,
    • set up and own an Account in the Online Store
    • receive the Newsletter,
    • use other services available in the Online Store.
  3. Announcements, advertisements, price lists, and other information about Goods provided in the Online Store should be considered as an invitation to conclude a Sales Agreement, taking into account Article 71 of the Civil Code.
  4. The Online Store conducts sales within and outside the borders of the Republic of Poland.
  5. All Goods available in the Online Store are original, brand new (free from defects), and comply with applicable standards, requirements, and legal regulations.
  6. The Seller exercises the utmost care in the implementation of Sales Agreements and Orders.
  7. Promotions may be organized in the Online Store on the terms specified and made public in the Online Store by the Seller.
  8. In case of informing about a price reduction for a good or service, next to the information about the reduced price, the Seller also displays information about the lowest price of this good or service, which was valid in the 30 days before the introduction of the reduction. If a given Good has been offered for sale for less than 30 days, next to the information about the reduced price, information about its lowest price, which was valid from the day of starting to offer this Good until the day of introducing the reduction, is also displayed.
  9. The terms mentioned in the previous point do not apply to Goods that spoil quickly or have a short shelf life. In the case of such Goods, the Seller, next to the information about the reduced price, displays information about the price before the first application of the reduction.
  10. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Buyer being a Consumer, granted to them under the universally applicable law, including in particular under the provisions of the Civil Code and the Act. In case of inconsistency of the provisions of these Terms and Conditions with the provisions referred to in this point, these provisions take precedence.
  11. The provisions of the Terms and Conditions relating to Consumers also apply to an Entrepreneur who is a natural person conducting business activity entered in the Central Registration and Information on Business (CEIDG), who concludes a Sales Agreement directly related to the business activity conducted by them when the content of the Sales Agreement indicates that it does not have a professional nature for such an entrepreneur. Verification whether a given activity has a professional character will take place in particular based on the data from CEIDG in the scope of the subject of the conducted activity based on the Polish Classification of Activities (PKD) codes. The provision of Article 558§1 sentence two, as well as Articles 563 and 567 § 2 of the Civil Code, do not apply to the Buyer mentioned above.
  12. Effective use of the Online Store requires a device (computer, phone, tablet, or other mobile device) and a current web browser (e.g., Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari, or others), a keyboard or other pointing device enabling correct completion of electronic forms, a stable connection, as well as an active account of the selected electronic mail (email), in terms of Account registration.

§ 3. RULES FOR USING THE ONLINE STORE

  1. The Buyer is obliged to use the Online Store in a manner consistent with the applicable law, social coexistence rules, and good manners, taking into account the respect for personal rights and intellectual property rights of third parties or entities.
  2. The Buyer may not take actions that could affect the proper functioning of the Online Store, including in particular the Buyer may not:
    • interfere with the content and graphic elements of the Online Store,
    • post content of an unlawful nature in the Online Store
    • introduce harmful data to the Online Store as an IT system, in particular in the form of malicious software, i.e., viruses, spyware files, etc.,
    • use the Online Store for purposes other than its intended use, i.e., in particular, they may not send SPAM messages or similar and conduct any business, commercial, advertising, or promotional activities on their behalf within the Online Store.
  3. When filling in the Registration Form or the Order Form, the Buyer is obliged to read the contents of the Terms and Conditions and the Privacy Policy and to accept their content.
  4. While using the Online Store, the Buyer is obliged to provide true and factually correct data and information necessary to set up an Account or conclude and execute a Sales Agreement.
  5. It is prohibited to transfer personal data of third parties through the Online Store without the consent of these persons. In the case of natural persons without full capacity to perform acts in law, their statutory representatives or legal guardians should give consent.
  6. Both the Buyer and any other person having access to the Online Store are obliged to refrain from copying, modifying, distributing, reprinting, transmitting, or using in any other way (including in particular for marketing, commercial, or profit-making purposes) the Materials published in the Online Store without the written consent of the Seller or another person or entity to whom intellectual property rights to the Materials belong, except for the use of these Materials within the limits of permitted use, as referred to in the Act of February 4, 1994, on copyright and related rights.
  7. Violation of the provisions of the preceding point could constitute a violation of the law, and thus be the basis for initiating civil or criminal proceedings against persons or entities engaging in such practices.
  8. The Buyer is fully responsible to the Seller and third parties or entities for damages related to
    • violation by the Buyer of legal provisions, including in particular the rights of third parties or entities and the provisions of these Terms and Conditions,
    • improper or unauthorized use of the Online Store, as well as for related technical problems, data loss, or other damages in the operation of the Online Store, including in particular for conducting activities mentioned in point 3 of this paragraph,
    • posting in the Online Store any works within the meaning of the Act of February 4, 1994, on copyright and related rights in a manner infringing the intellectual property rights of a person or entity to whom such rights belong.
  9. The Buyer's responsibility, as referred to in the preceding point, includes both repairing the damage to the Seller and the person or entity, as well as bearing additional costs resulting from causing the damage, including in particular court costs, costs of legal representation, costs of enforcement proceedings, and other justified costs incurred by the Seller in connection with causing him damage and in connection with claims of third parties or entities.

§ 4. SETTING UP AN ACCOUNT.

  1. Setting up an Account by the Buyer requires filling in the Registration Form and clicking the dedicated button. Then the Buyer receives an activation link sent to the email address provided in the Registration Form, which must be clicked to successfully complete the registration.
  2. After registration, the Buyer receives a one-time password, which should be changed immediately after the first login to the Buyer's Account in the Online Store.
  3. After setting up the Account in the manner described in the two preceding points, the Buyer immediately gains access to the Account via an individual login and password. The Account in the Online Store is set up for an indefinite period and its ownership does not entail any financial obligations for the Buyer towards the Seller.
  4. The Account can be deleted at any time directly by the Buyer through the functionalities available in the Online Store and after performing further activities indicated in the Online Store or by sending a request for deletion of the Account to the Seller's email address: info@masurialiving.com.

§ 5. RULES FOR PLACING AND EXECUTING ORDERS.

  1. The Buyer may place an Order:
    • within their Account after previously filling in the Order Form at any time (24 hours a day, 7 days a week) - the Buyer should fill in the Registration Form (set up an Account), add Goods to the Basket, fill in the Order Form, and confirm the Order with the dedicated button,
    • by filling in the Order Form available without the need to set up an Account at any time - the Buyer should add Goods to the Basket, fill in the Order Form, and confirm the Order with the dedicated button.
  2. Confirmation of placing and accepting the Order for execution will be sent to the Buyer by the Seller in the form of an email message after placing the Order in the manner indicated in the preceding point. In the case of an Order placed in the manner indicated in lit. c of the preceding point, the Buyer receives an activation link in the email message, whose clicking by the Buyer confirms placing the Order and enables its acceptance for execution.
  3. The Sales Agreement between the Seller and the Buyer is considered concluded from the moment the Buyer receives the email message, as referred to in the preceding point.
  4. Orders placed on business days from Monday to Friday after 12:00 PM, as well as on Saturdays, Sundays, and other days statutorily free from work, as referred to in the Act of January 18, 1951, on days free from work, will be transferred for execution on the next business day.
  5. Orders transferred for execution can be canceled by the Buyer being a Consumer until the shipment of the Goods.
  6. The time of execution of the Order (completing the Order and preparing it for shipment) is 30 business days, taking into account points 8 and 9 of this paragraph. In the case of Special Goods made on individual order, the time of execution of the Order is each time agreed with the Buyer, however, it does not exceed 40 business days.
  7. In the case of Special Goods, the Seller may request from the Buyer a deposit payment of 100% of the value of the ordered Goods before the Seller starts executing the Order.
  8. The time of execution of the Order, as referred to in point 6 of this paragraph, may be postponed in the event of force majeure, by which it is understood to be unavoidable, extraordinary, unpredictable, and beyond control circumstances, the effects of which could not be avoided despite taking all reasonable actions, for the duration of its occurrence.
  9. In the event of the unavailability of Goods, the Buyer is informed about it, and then they may agree to extend the time of execution of the Order indicated in point 6 of this paragraph or resign from the ordered Goods or from the entire Order.
  10. The Seller reserves the right to cancel the Order if the Buyer - despite being summoned - did not supplement within 3 days the deficiencies required for the effective execution of the Order, taking into account § 6 points 6 and 7 of the Terms and Conditions.

§ 6. PAYMENTS.

  1. In connection with the execution of Orders and Agreements, the Seller is entitled to remuneration according to the prices available in the Online Store and valid at the time of placing the Order.
  2. The Seller does not apply price profiling towards Buyers.
  3. Prices stated in the Online Store are expressed in Polish zlotys, are gross prices, and include all components, including VAT and customs duties. However, the prices do not include possible costs of delivery of the Goods, which are indicated before placing the Order.
  4. The Buyer is informed about the total price for the Goods covered by the Order, which includes delivery costs, before placing the Order.
  5. Each Order is accompanied by a Proof of Purchase, whereby in the case of payments, as referred to in § 6 section 6 lit. a, b, and c the Buyer as the Proof of Purchase will receive a fiscal receipt or an electronic invoice to the email address provided in the Registration Form or in the Order Form if the Buyer expresses such a wish and selects the appropriate option when placing the Order.
  6. The Buyer may choose one of the following payment methods for the ordered Goods during the placement of the Order - at their discretion:
    • payment by regular or online transfer to the Seller's bank account - the Order is sent no earlier than at the moment of crediting the full amount for the Order to the Seller's bank account,
    • payment by Visa, Visa Electron, MasterCard, or Maestro card - the Order is sent no earlier than at the moment of a positive authorization of the full amount for the Order,
    • payment via online platforms PayPal, PayU - the Order is sent no earlier than at the moment of a positive authorization of the full amount for the Order,
    • payment on delivery - the Order is sent immediately, taking into account § 5 points 6 and 8 of the Terms and Conditions.
  7. In the case of choosing one of the payment methods, as referred to in lit. a-c of the preceding point, if the Buyer does not make the payment within 3 days from the date of confirming the Order, the Seller may summon the Buyer to make the payment within a period not shorter than 3 days. In the event of non-compliance with the summons within the specified period, the Seller may cancel the Order, informing the Buyer by email or phone.
  8. In the event of a delay in payment by the Buyer being an Entrepreneur, the Seller is entitled to statutory interest for delay in commercial transactions and costs of recovering the receivables according to the provisions of the Act of March 8, 2013, on counteracting excessive delays in commercial transactions.
  9. Online payments made online via the Online Store, as referred to in point 6 lit. c of this paragraph, are handled via the platform:
    • PayPal available at www.paypal.com - by PayPal Polska sp. z o.o. with its registered office at: ul. Emilii Plater 53, 00-113 Warsaw, KRS: 0000289372, NIP: 5252406419, REGON: 141108225,
    • PayU available at www.payu.pl - by PayU S.A. with its registered office at: ul. Grunwaldzka 186, 60-166 Poznań, KRS: 0000274399, NIP: 7792308495, REGON: 300523444, entered as a National Payment Institution in the Register of Payment Services maintained by the Polish Financial Supervision Authority under the number: IP1/2012.

§ 7. DELIVERY.

  1. Delivery of Goods to the Buyer's address provided during placing the Order is carried out via a courier company.
  2. Delivery costs are calculated according to the current delivery price lists and depend on the weight and dimensions of the shipment. The Buyer is informed about the delivery costs before placing the Order. In the case of shipping Goods outside the country, the delivery cost is determined individually based on the estimated weight of the package and the destination country.
  3. The Buyer bears the delivery costs.
  4. The Buyer undertakes to receive the sent Goods.
  5. The Buyer being an Entrepreneur is obliged to check the shipment in the presence of the courier or an employee of the Polish Post at the time of its delivery, excluding the Entrepreneur, as referred to in § 2 point 11 of the Terms and Conditions.
  6. The Seller recommends the Buyer being a Consumer and the Entrepreneur, as referred to in § 2 point 11 of the Terms and Conditions, to check the shipment in the presence of the courier or an employee of the Polish Post. Not checking the shipment does not suspend a possible complaint, as referred to in § 8 of the Terms and Conditions, however, if such verification is performed, the complaint procedure will be significantly facilitated.

§ 8. COMPLAINT.

  1. The Seller is liable to the Buyer being a Consumer and the Entrepreneur, as referred to in § 2 point 11 of the Terms and Conditions, in case of non-compliance of the Goods with the Agreement, if the defect was found before the expiry of two years from the date of delivery of the Goods to the Buyer, in accordance with the provisions of this paragraph. The Good is compliant with the Agreement, in cases indicated in Article 43b of the Act.
  2. If the Good is not compliant with the Agreement, the Buyer may request its repair or replacement. The complaint should contain: the Buyer's data, information about the Good and the Order, a description and date of the occurrence of the defect of the Good, and the Buyer's request. The Buyer is also obliged to provide the original or a copy of the Proof of Purchase or another proof confirming the purchase of the claimed Good.
  3. To facilitate the complaint procedure, the Seller provides on the website of the Online Store a Complaint Form, constituting Annex No. 1 to these Terms and Conditions.
  4. Complaints should be submitted:
    • in paper form - by correspondence to the Seller's address: ul. Olsztyńska 5F, 14-100 Ostróda,
    • in electronic form - to the Seller's email address: info@masurialiving.com.
  5. The Seller undertakes to consider the complaint submitted by the Buyer within 14 days of its receipt. If no information is provided within the period mentioned in the previous sentence, it is considered that the Seller acknowledged the complaint.
  6. The Seller may make an exchange when the Buyer requests a repair, or the Seller may make a repair when the Buyer requests an exchange, if bringing the Good to compliance with the Agreement in the manner chosen by the Buyer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, he may refuse to bring the Good to compliance with the Agreement.
  7. When assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular, the significance of the non-compliance of the Good with the Agreement, the value of the Good compliant with the Agreement, and excessive inconveniences for the Buyer resulting from changing the way of bringing the Good to compliance with the Agreement.
  8. The Seller makes a repair or replacement within a reasonable time from the moment the Seller was informed by the Buyer about the non-compliance with the Agreement, and without excessive inconvenience for the Buyer, taking into account the specificity of the Good and the purpose for which the Buyer purchased it. The costs of repair or replacement, including in particular the costs of postal fees, transport, labor, and materials, are borne by the Seller.
  9. The Buyer provides the Seller with the Good subject to repair or replacement. The Seller collects the Good from the Buyer at his cost.
  10. If the Good is not compliant with the Agreement, the Buyer may submit a statement about reducing the price or withdrawing from the Agreement when:
    • the Seller refused to bring the Good to compliance with the Agreement, in accordance with point 7 of this paragraph,
    • the Seller did not bring the Good to compliance with the Agreement,
    • the non-compliance of the Good with the Agreement persists, despite the Seller's attempt to bring the Good to compliance with the Agreement,
    • the non-compliance of the Good with the Agreement is so significant that it justifies reducing the price or withdrawing from the Agreement without first using the rights described in point 3 of this paragraph,
    • from the Seller's statement or circumstances, it clearly results that he will not bring the Good to compliance with the Agreement within a reasonable time or without excessive inconvenience for the Buyer.
  11. The reduced price must remain in such proportion to the price resulting from the Agreement as the value of the Good non-compliant with the Agreement remains to the value of the Good compliant with the Agreement.
  12. The Seller returns to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receiving the Buyer's statement about reducing the price.
  13. The Buyer may not withdraw from the Agreement if the non-compliance of the Good with the Agreement is insignificant. It is presumed that the non-compliance of the Good with the Agreement, referred to in Article 43b of the Act, is significant.
  14. If the non-compliance with the Agreement concerns only some Goods delivered under the Agreement, the Buyer may withdraw from the Agreement only in relation to these Goods, as well as in relation to other Goods purchased by the Buyer together with Goods non-compliant with the Agreement, if it cannot be reasonably expected that the Buyer would agree to keep only the Goods compliant with the Agreement.
  15. In the event of withdrawal from the Agreement, the Buyer immediately returns the Good to the Seller at his cost. The Seller returns the price to the Buyer immediately, no later than within 14 days from the day of receiving the Good or proof of its return.
  16. The Seller makes a refund of the price using the same method of payment as used by the Buyer, unless the Buyer explicitly agreed to a different method of refund, which does not involve any costs for them.
  17. The provisions of this paragraph do not apply to an Entrepreneur (excluding the Entrepreneur referred to in § 2 point 11 of the Terms and Conditions). The Seller's liability under the warranty to Buyers being Entrepreneurs is completely excluded.

§ 9. WARRANTY.

  1. All Goods offered in the Online Store are covered by a warranty provided by the Seller (warrantor).
  2. Details of the warranty terms and procedure result from the warranty card of the Good included in the shipment with the Good covered by the warranty or from the warranty statement provided by the warrantor.
  3. The warranty does not exclude, limit, or suspend the rights of the Buyer being a Consumer or Entrepreneur, as referred to in § 2 point 11 of the Terms and Conditions, under the warranty for defects of the Good within the scope specified by the provisions of the Civil Code.

§ 10. WITHDRAWAL FROM THE SALES AGREEMENT.

  1. The Buyer being a Consumer and the Entrepreneur, as referred to in § 2 point 11 of the Terms and Conditions, has the right to withdraw from the Sales Agreement as an agreement concluded remotely, without giving a reason, within 14 days from the date of receiving the Good, unless the exclusion referred to in point 9 of this paragraph applies.
  2. Exercising the right referred to in the preceding point requires submitting a declaration of withdrawal from the Sales Agreement by the Buyer within the specified period:
    • in paper form - by correspondence to the Seller's address: ul. Olsztyńska 5F, 14-100 Ostróda,
    • in electronic form - to the Seller's email address: info@masurialiving.com.
  3. To facilitate the submission of a declaration of withdrawal from the Sales Agreement, the Seller provides on the website of the Online Store a model declaration constituting Annex No. 2 to these Terms and Conditions.
  4. By withdrawing from the Sales Agreement, the Buyer is obliged to return the Good together with the original or a copy of the Proof of Purchase or another proof confirming the purchase of the returned Good, within 14 days from the date of submitting the declaration of withdrawal from the Sales Agreement. Returns of Goods covered by the declaration of withdrawal from the Sales Agreement, sent at the expense of the Seller or cash on delivery, will not be accepted by the Seller.
  5. The Buyer bears the shipping costs of the returned Good.
  6. The Buyer is responsible for reducing the value of the Good resulting from using it in a way exceeding what is necessary to establish the nature, characteristics, and functioning of the Good.
  7. The Seller returns to the Buyer the price of the Good and the costs of delivery incurred by the Buyer when purchasing the Good (except for additional costs resulting from the method of delivery chosen by the Buyer other than the cheapest method of delivery of the Good offered by the Seller), no later than within 14 days from the day on which the Seller was informed about the withdrawal from the Agreement.
  8. The Seller makes a refund using the same method of payment as used by the Buyer when purchasing the Good unless the Buyer explicitly agreed to a different method of refund.
  9. The right to withdraw from the Sales Agreement, as referred to in this paragraph, does not apply in the case of:
    • Sales Agreements, the subject of which is a non-prefabricated item, produced according to the Buyer's specifications or serving to satisfy their individualized needs,
    • Sales Agreements, the subject of which is an item that spoils quickly or has a short shelf life,
    • Sales Agreements, the subject of which is an item delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or for hygienic reasons if the packaging was opened by the Buyer after delivery,
    • special Sales Agreements, the subject of which are things that, after delivery, due to their nature, become inseparably connected with other items,
    • agreements in which the Buyer expressly demanded that the Seller come to them to perform urgent repair or maintenance, and if the Seller provides additional services other than those the execution of which the Buyer demanded, or delivers items other than spare parts necessary to perform the repair or maintenance - the right to withdraw from the agreement is granted to the Buyer in relation to additional services or items,
  10. Details regarding the use of the right to withdraw from the Sales Agreement - as an agreement concluded remotely - are specified by the provisions of the Act.
  11. The provisions of this paragraph do not apply to Buyers being Entrepreneurs, in their case the right to withdraw from the Sales Agreement is excluded - this does not apply to Entrepreneurs, as referred to in §2 point 11 of the Terms and Conditions.

§ 11. PERSONAL DATA PROTECTION.

  1. The Seller is the Administrator of the personal data of Buyers.
  2. The Seller, as the Administrator, processes personal data in accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Act of May 10, 2018, on personal data protection and other relevant data protection regulations.
  3. The Buyer may consent to the Seller processing their personal data in order to receive the Newsletter to the email address provided by the Buyer.
  4. All detailed rules regarding the processing of personal data, including in particular the purposes and legal basis for processing and the rights of Buyers as persons to whom personal data relates, have been included in the Privacy Policy.

§ 12. FINAL PROVISIONS.

  1. The Seller reserves the right to introduce restrictions on the use of the Online Store caused by its technical service, maintenance works, or works on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that such restrictions and breaks take place at night and last as short as possible.
  2. The Seller reserves the right to change these Terms and Conditions. Changes come into force at the time clearly indicated by the Seller, no earlier than after 7 days from the day of their announcement, unless the introduction of changes is necessary to ensure compliance with applicable regulations. Orders placed before the entry into force of the changes, as referred to in the preceding sentence, will be executed on the terms valid at the time of their placement. The Buyer who does not agree to the changes introduced in these Terms and Conditions should refrain from further use of the Online Store.
  3. Any disputes between the Seller and the Buyer - subject to their mutual consent - will be resolved amicably or in the presence of an independent and impartial mediator.
  4. The Buyer being a Consumer may:
    • use out-of-court methods of handling complaints and pursuing claims, as referred to in the Act of September 23, 2016, on out-of-court resolution of consumer disputes, and the entity authorized to conduct proceedings in the case of out-of-court resolution of consumer disputes, to which the Seller is subject, is the Warmian-Masurian Voivodeship Inspector of the Trade Inspection in Olsztyn (address: ul. Dąbrowszczaków 10, 10-540 Olsztyn, email: olsztyn@ih.olsztyn.pl, website: www.ih.olsztyn.pl,
    • file a complaint via the EU online ODR platform, available at the link: http://ec.europa.eu/consumers/odr/.
  5. In the absence of the possibility of amicable resolution of the dispute, the court competent to settle disputes will be the court competent for the main establishment of the Seller, and in the case of the Buyer being a Consumer - the court competent according to general rules.
  6. In matters not regulated by these Terms and Conditions, the relevant provisions of universally applicable law shall apply, including in particular the provisions of the Civil Code, the Act on consumer rights, the Act on copyright and related rights, and the provisions on data protection.
  7. These Terms and Conditions are valid from January 19, 2024.

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