SHOP RULES PINTERA
- DEFINITIONS AND INTERPRETATION
1.1. Words and phrases listed below shall be interpreted as follows:
1.1.1. „we”, „us”,, „Pintera” shall mean Katarzyna Pintera Pintera with its registered seat in Stobiecko Szlacheckie, incorporated under the laws of Poland, with its address at: Stobiecko Szlacheckie 105, 97-561 Ładzice, with a Polish tax identification number (“NIP”) 7722349425,
1.1.2. “Price” shall mean the total net Product price (i.e. one that includes VAT), as listed in the Shop while the Order is being placed,
1.1.3. “business day” shall mean any day other than a Saturday, Sunday or a statutory holiday in Poland,
1.1.4. “Account” shall mean the part of the Shop IT infrastructure that has been allocated to a given Registered User, which allows such User to conclude Sales Contracts as a Buyer,
1.1.5. “Delivery Costs” shall mean the costs of the delivery of the Product to the Buyer with the use of the delivery method picked in the Sales Contract,
1.1.6. “Buyer” shall mean any User who concludes a Sales Contract with us,
1.1.7. “third parties’ rights” shall mean any rights, irrespective of how they came into being (i.e.irrespective of whether they follow from contract or statute, judicial or administrative decision) and irrespective of the law that governs them, such as copyrights, trademark rights, utility model rights, personal rights or the right of ownership that are attributable to any entity other than the entity that is mentioned herein as being obliged not to infringe third parties’ rights,
1.1.8. “Product” shall mean any ware or service available in the Shop,
1.1.9. “Terms” shall mean these Terms and Conditions together with all their appendices,
1.1.10. “Shop” shall mean the www.en.nago.com website, through which Users may register Accounts, view our goods and conclude Sales Contracts with us,
1.1.11. “Account Maintenance Contract” shall mean the agreement between us and any Registered User, based on which such User is granted access to their Account,
1.1.12. “Sales Contract” shall mean the agreement concluded between us and the User (Buyer), based on which, we are obliged to transfer the ownership of a given Product to the Buyer and the Buyer is obliged to pay the Price and Delivery Costs (if applicable); the full text of the Sales Contract is included in an appendix hereto,
1.1.13. “ESA” shall mean the Polish Electronic Services Act of 18 July 2002,
1.1.14. “Unregistered User” shall mean any person using the Shop, who has not concluded an Account Maintenance Agreement with us, as well as a Registered User who concludes a Sales Contract without logging in to the Account
1.1.15. “Registered User” shall mean any person for whom an Account is maintained in the Shop following the conclusion of an Account Maintenance Agreement,
1.1.16. “Order” shall mean a declaration of will to conclude a Sales Contract, made by the Buyer according to §1 of Appendix 1 hereto.
1.2. Any reference contained herein to clauses (paragraphs, “§”) of a higher tier shall also include clauses of the lower tier (e.g. a reference to §1.1 shall also include §1.1.14).
1.3. The phrase “including”, “such as”, “in particular” or any other similar phrase shall be interpreted so that any list that follows such phrase will not be considered as exhaustive.
1.4. Any reference to acts of law (statutes) shall be interpreted so that it pertains to those acts in their most current wording.
2.1. Based on these Terms we provide services consisting in Account maintenance and enabling the conclusion of Sales Contracts, also to Unregistered Users.
2.2. Pintera is the service provider within the meaning of ESA for the services described under §2.1.
2.3. In order to register an Account and use the services mentioned under §2.1 an Internet connection, a web browser that allows for websites to be viewed on a computer or other electronic device and an e-mail address are required.
2.4. The Shop as an entirety as well as its specific elements, as well as any rights there to belong to Pintera or third parties, whose materials we are authorised to make available as a part of the services we provide. Users are obliged not to infringe any rights – either belonging to us or to third parties – mentioned in this §2.4.
2.5. Any use of the Shop or any of its elements that is unlawful or contravenes good morals or infringes third parties’ rights is forbidden. It is also forbidden to copy, modify, multiplicate and to disseminate in any form the Shop or any of its elements, unless expressly allowed by law. If you need information on how to gain our consent to use specific materials used in the Shop please contact us at firstname.lastname@example.org.
2.6. Our websites may contain hyperlinks, graphics, sounds, videos or other types of presentations that may contain references to third parties’ websites. Any use of such websites (including wares and services thus provided) is not a part of the services we render, and the conditions of such use are determined by appropriate third parties. We may only be held liable for the results of using such websites and their contents only insofar as they are maintained by us, and for the remaining part only insofar as such liability follows from mandatory provisions of law.
2.7. While using the Account or the Shop it may be required that the User provides certain data (such as personal data, payment data, etc.). We recommend to our Users that they exercise due care while using the Account and the Shop, which includes using Account login data, so that they are not made available to third parties (also as a result of them being saved on the device used by third parties). In particular the password that allows access to the Account should not be made available to third parties.
- REGISTRATION – CONCLUSION OF THE ACCOUNT MAINTENANCE CONTRACT
3.1. A natural person with full capacity to perform legal transactions, a legal entity or an entity that is granted legal capacity by law may conclude an Account Maintenance Contract with us. Natural persons who do not have full capacity to perform legal transactions may conclude Account Maintenance Contracts insofar as it is allowable under applicable law.
3.2. The conclusion of the Account Maintenance Contract is performed through submission of a registration form available at the Shop. It is only possible to submit the form if all fields thereof listed as mandatory have been filled in and these Terms have been accepted. In order to submit a registration form you need to click the appropriate button showing on that form.
3.3. Submission of data listed in the registration form is voluntary, however failure to submit data listed as mandatory will render the conclusion of an Account Maintenance Contract impossible.
3.4. Through the conclusion of an Account Maintenance Contract, the User represents and warrants to us that all submitted data is true and accurate.
3.5. Through the conclusion of an Account Maintenance Contract, the User represents and warrants that they acquainted themselves with these Terms, accepts them as a whole and assumes the obligation to:
3.5.1. use the Shop in accordance with applicable law (which includes the obligation not to place any contents that would be contrary to the law in the Shop) and the provisions hereof and, without infringing any third parties’ rights or good morals, which also includes using the Shop in a manner that does not infringe our rights to the Shop or its elements and does not have an adverse effect on its functioning,
3.5.2. to keep the Account access password confidential,
3.5.3. to abstain from publishing in the shop any contents (including texts, graphics or videos) that are contrary to the law, these Provision, third parties’ rights or good morals (insofar as the Shop allows for contents to be published), as well as any marketing or advertising contents,
3.5.4. to ensure that all data provided by the User (including the User’s e-mail address) is true and accurate, and should that data be subject to any change, to promptly inform us of this change so that we can properly update it,
3.5.5. to conclude and perform Sales Contracts in accordance with applicable law, the provisions of these Terms and good morals, without infringing third parties’ rights.
3.7. Having acquainted themselves with these Terms, the User acknowledges that:
3.7.1. the procedure for conclusion of an Account Maintenance Contract involves actions listed in these Terms, including those in §3,
3.7.2. confirmation of a User’s registration is a confirmation of the conclusion of an Account Maintenance Contract,
3.7.3. the contents of the Account Maintenance Contract is stored by us on the servers where the Shop is maintained,
3.7.4. the User has access to the Account Maintenance Contract within the Shop – when entering into it the User should download and store on their own device a .pdf file containing these Terms, as made available by us,
3.7.5. if the User finds out that, at the conclusion of the Account Maintenance Contract, inaccurate or misleading data was provided they should promptly correct this data via the Account, and if – for any reason – that is not possible, they should notify us so that we may correct the data; however if such a situation causes doubt on our part that need clarifying, we reserve the right to make the correction only after those have been clarified,
3.7.6. the Account Maintenance Contract may be concluded in the language, in which these Terms have been accepted by the User.
- ACCOUNT MAINTENANCE CONTRACT
4.1. Subject matter of the Contract
Based on an Account Maintenance Contract a Registered User gains access to the Account, through which they may conclude Sales Contracts under these Terms.
4.2. Use of the Shop
4.2.1. A Registered User may conclude Sales Contracts with us in respect of Product or Products they choose, with the use of the Account. The contents of the Sales Contract are contained in and appendix hereto and the procedure for its conclusion is described therein. The Account facilitates the conclusion of the Sales Contract, i.a. through retention of some User data that is necessary for its conclusion.
4.2.3. If we are to return any amount of money paid by the User in relation to the Sales Contract any such payment shall be made to the bank account of the User, from which we received the payment in the first place, unless that User informs us of a different bank account number, to which this return should be made.
4.2.4. In certain situations, including those where special characteristics of a Product require this, we may make the conclusion of Sales Contract for that Product dependent on the User submitting a statement or statements in certain respects – in such a situation those statements will be given in the Shop or the notifications we send after an Order has been placed.
4.2.5. The functioning of the shop may be affected by technical maintenance or malfunction breaks. We use our best efforts so that these breaks are as short as possible.
4.3. New functionalities
We reserve the right, but do not assume the obligation, to introduce modifications in the functioning of the Shop, in particular to introduce new functionalities thereof. Any amendments and additions to these Terms, insofar as they are necessary, will be implemented in accordance with the procedure set out in §7.
4.4. Termination of the Account Maintenance Contract
4.4.1. We may terminate the Account Maintenance Contract by giving you a 7-calendar days prior notice.
4.4.2. If the User acts contrary to the law, these Terms, infringes third parties’ rights or good morals or if it turn out that any of the representations and warranties made by the User were untrue or misleading, we will be entitled to terminate the Account Maintenance Contract with immediate effect. Second sentence of §4.4.3 is to be applied accordingly.
4.4.3. The User may terminate the Account Maintenance Contract at all times with immediate effect; in such a case the Account will be closed and the Account Maintenance Contract will be terminated at the time of this termination. It may, however, happen that the User still has access to the Account, despite the termination (we use our best efforts to ensure that this happens immediately after we have received the request to terminate the Contract, however for technical or organisational reasons, it may take up to 7 days for the Account to become unavailable); in such a case, if the User uses the Account, any legal relations between us and such User will be treated in the same manner as if the Account Maintenance Contract is still in force.
4.4.4. Termination of the Account Maintenance Contract shall have no effect on any concluded Sales Contract or any obligations arising thereunder.
4.4.5. A declaration of will to terminate the Account Maintenance Contract, be it with immediate effect or a notice period, shall be made in writing or by e-mail (and is otherwise void), with the use of the following data:
126.96.36.199. for Pintera – to the e-mail address email@example.com, and if it is made in writing, then to our address given in §1.1.1,
188.8.131.52. for the User – to the e-mail or physical address provided at the conclusion of the Account Maintenance Contract.
4.4.6. The User’s declaration of will to terminate the Account Maintenance Contract may also be submitted with the use of the Account’s deletion tool available in the Account.
- USE OF THE SHOP BY UNREGISTERED USERS
5.1. If the Shop allows for a given Product to be subject to a Sales Contract without registration, then each Unregistered User may conclude such as a Sales Contract without the need to conclude an Account Maintenance Contract.
5.2. When an Unregistered User concludes a Sales Contract with us, we also conclude a one-time contract enabling the user to conclude the Sales Contract, to which the provisions of these Terms shall apply accordingly, with this exception, that as result of concluding this one-time contract, no Account will be created and it will only be in force for as long as it is necessary to conclude the Sales Contract.
- COMPLAINT HANDLING
6.1. Any complaints pertaining to the functioning of the Shop or Sales Contracts should be submitted to the e-mail address: firstname.lastname@example.org or in writing to our address given under §1 and should contain the following information: designation of the person making the complaint, the subject matter of the complaint, address or e-mail address together with a description of the cause for complaint.
6.2. We use our best efforts to examine all complaints within 14 business days following their receipt. Our reply to the complaint (in writing or by e-mail) will be sent to the physical or e-mail address of the person making the complaint given in the complaint. If mandatory provisions of law that are applicable in a particular case provide for a shorter deadline to handle a complaint, it will be handled within that shorter deadline.
6.3. All questions and suggestions pertaining to the functioning of the Shop should be submitted by e-mail to email@example.com.
7.1. If any amendments are made to these Terms, all Registered Users will be informed thereof by an e-mail message. Within the term provided for in such notification (of at least 14 calendar days) from the receipt thereof a Registered User may terminate the Account Maintenance Contract with immediate effect (in which case §4 should be applied, with the exception that even if due to technical or organizational reasons, the Account would not be closed immediately after such a declaration is made, the new wording of these Terms will not be applicable to such a User under any circumstances). If the Registered User does not exercise this right, it will be understood that they accepted the new wording of these Terms after terms provided for in the amendment notification (of at least 14 days has passed).
7.2. An amendment to these Terms may also be introduced so that when a Registered User logs into their Account, they will be presented with an opportunity to acquaint themselves with the new wording of these Terms. If they refuse to accept the amendment, the Account Maintenance Contract will be terminated after 7 days have passed since the refusal (in which case §4 shall be applied), unless that User accepts the amendment within that deadline. In case of refusal to accept a change to these Terms, the Shop’s functions, to which the amendment pertains may be unavailable to the User or limited to the extent that they are affected by the amendment, unless that would contravene the mandatory provisions of law. Any amendments of these Terms under this §7.2 will be applicable to Registered Users as soon as the accept the new wording of these Terms.
7.3. Any Sales Contracts concluded before these Terms have been amended will be subject to the previous wording thereof, unless mandatory provisions of law require otherwise.
7.4. Any change of our data (such as contact data, register data, information regarding share capital) will not require us to follow the procedure under this §7, unless mandatory provisions of law require that a procedure such as this one (or similar) is followed. Instead of that, Registered Users will be informed by us of such changes, and any correspondence and statements addressed at us with the use of obsolete data, the change of which has not been notified to a Registered User, will be deemed properly delivered to us until the Registered User has been informed by us of such a change and within the next 7 calendar days.
- FINAL PROVISIONS
8.1. This wording of these Terms has entered into force on 01.06.2022.
8.2. Whenever these Terms or the provisions of law provide that a User should or may contact us, all such contacts should be made via e-mail (unless otherwise provided herein), to our e-mail address provided in these Terms or in the Shop or, if no such address has been provided to the address firstname.lastname@example.org.
8.3. We carry out our business under Polish law, as a result of which, insofar as it is allowable, all legal relations following from these Terms and Sales Contracts will be governed by Polish law. However, in certain situation, when the User is a consumer under the laws of European Union, some mandatory provisions of law of the respective Member State other than Poland will be applied irrespective of this §8.3 and the wording of this §8.3 will not contravene that.
8.4. Any jurisdiction matters will be determined by the applicable provisions of European Union law (which i.a. allows consumers to sue and be sued in their respective Member States), and, where that law allows for a choice of jurisdiction to be made, the chosen jurisdiction will be that of Polish courts. Any provisions on jurisdiction other than those following from European Union or Polish law or the law of Member States that is applicable due to European Union law, are hereby, to the furthest extent permissible by law, excluded.
8.5. Appendices to these Terms shall be considered an integral part thereof.
APPENDIX 1 TO THE TERMS FOR THE BYPintera E-SHOP – SALES CONTRACT §1. Concluding the Sales Contract – placing the Order
- 1.1. By clicking the “Order and Pay” button (or any other equivalent button found in the Shop), the Buyer places an Order in respect of the Products selected by the Buyer.
- 1.2. An e-mail received by the Buyer confirming the Order is an acknowledgement of receipt of the Order by us; it does not mean that we have accepted the Order.
- 1.3. The Order shall be deemed taken (accepted) when the Buyer receives an e-mail confirmation of acceptance of the Order; at that moment the Sales Contract is concluded.
- 1.4. The Buyer may cancel the Order pending its acceptance by us. The cancelled Order shall be deemed not to have been placed and shall have no legal effect. Once the Order has been approved (accepted) by us, the Buyer may withdraw from the Sales Contract in accordance with §7.
- 1.5. To cancel an Order according to §1.4, the Buyer should send an e-mail with such request and the number of the Order that they would like to cancel to email@example.com or use the IT tools allowing for its cancellation (if such tools are available).
- 1.6. In any case where an Order is cancelled in accordance with applicable law and these Terms, we are obliged to refund to the Buyer any amounts paid by them immediately.
- §2. Parties to the Sales Contract
The parties of the Sales Contract are Pintera (as a seller) and the Buyer.
- §3. Subject of the Sales Contract
- 3.1. Under a Sales Contract we undertake to transfer ownership of the Product to the Buyer and to deliver it to the Buyer in accordance with the Sales Contract and the Buyer undertakes to pay us the Price and Delivery Costs in accordance with the Sales Contract, and to collect the Product.
- 3.2. The Order and its confirmation are an integral part of the Sales Contract concluded by us. They define exactly what Product, at what Price, and in what manner we are obliged to deliver to the Buyer; and how the Buyer has chosen to pay the Price and Delivery Costs to us. Information on the main characteristics of the Product is available in the Shop on the website where the Product is presented.
- 4. Declarations and obligations of Pintera
Pintera declares to the Buyer that:
- 4.1. the procedure of concluding the Sales Contract consist of the actions listed in these Terms, including in particular the actions referred to in §1 hereof;
- 4.2. the Order confirmation sent by us to the Buyer is an acknowledgement of receipt of the Order, which means that at the moment of its receipt the Buyer is bound by the content of the Order (which does not affect the possibility of cancelling the Order);
- 4.3. the contents of the Sales Contract are stored by us in the computer system by means of which the Shop is operated;
- 4.4. the Buyer has access to the contents of the Sales Contract within the Shop – when concluding it, the Buyer may download and store a .pdf file with the contents of these Terms, as made available by us;
- 4.5. if the Buyer finds out that, at the conclusion of the Sales Contract, they provided inaccurate or misleading data, they shall promptly notify us thereof; in such a case, we shall correct them unless we encounter doubts which require clarification (in such a case the correction of data shall be made after their clarification);
- 4.6. the Sales Contract may be concluded in the language, in which the Terms have been accepted by the Buyer, provided that in the Shop we make available information concerning the Product to which the Sales Contract relates in that language.
- 5. Payment of Price and Delivery Costs
- 5.1. The Buyer shall pay the Price and Delivery Costs in the amount indicated in the Shop. Before placing the Order, the sum of the Price and Delivery Costs will be showed to the Buyer.
- 5.2. Payment of the Price and Delivery Costs shall be made by one of the payment methods selected by the Buyer (with the use of the Shop’s IT tools) and available in the Shop for a given Product.
- 5.3. Some payment methods may provide for payments to be made through entities other than the parties to the Sales Contract or the banks holding their bank accounts. In order to make such payments, it may be necessary for the Buyer to enter into an appropriate agreement with the provider of such payment service. The use of a payment service provided by such a third party, similar to ordering a transfer through a bank, may be subject to additional fees to such entity or bank.
- 5.4. Payment of the Price and Delivery Costs shall be made within 48 hours of placing the Order. If payment is not made within this period, the Order shall be deemed cancelled and, if it has already been accepted by us, the Sales Contract shall be terminated. However, the Buyer may, at their own discretion, place another Order. This § 5.4 shall not apply if the Buyer has chosen cash on delivery from among the payment methods available in the Shop (if such a method is available).
- 5.5. For the avoidance of doubt, to the extent that the payment made by the Buyer could be considered as an advance payment, the provisions of the Polish Civil Code on down payment (“zadatek”) shall not apply. If the payment has been made, and the Sales Contract is not concluded (e.g. no declaration of acceptance of the Order is made because of e.g. the shortage of a specific Product in stock), such payment shall be fully reimbursed.
- 5.6. To the extent permitted by applicable law, we will issue and send accounting documents (such as receipts and invoices) to the Buyer electronically (to the Buyer’s e-mail address) if their issue is mandatory. Insofar as applicable law requires the Buyer’s consent for this purpose, the Buyer agrees to this form of issuing and sending accounting documents, unless a separate declaration of consent is necessary. If the Buyer does not wish to receive accounting documents in electronic form, they should provide us with a statement to this effect.
- 5.7. For the avoidance of doubt, please note that any payment made to us shall be deemed to have been made when received (credited) in our bank account or by a non-bank third party payment operator.
- 7. Right of withdrawal
- 7.1. A Buyer who is a consumer, i.e. a Buyer who concludes a Sales Contract without connection with their commercial or professional activity (“Consumer“), shall have the right to withdraw from the Sales Contract within 14 calendar days without giving any reason and without incurring costs other than costs exceeding the cost of the cheapest available Delivery Costs, direct costs of returning the Product or costs of a service initiated at the express request of the Buyer before the expiry of the deadline for withdrawal from an off-premises contract.
- 7.2. The period for withdrawal from the Sales Contract starts from the day on which the Consumer or a third party indicated by them other than the carrier, took possession of the Product or Products covered by the Sales Contract. In the event where under one Sales Contract the Consumer purchases more than one Product and the Products are delivered separately, the period shall start running from the day on which the Consumer took possession of the last Product or when a third party other than the carrier and indicated by the Consumer took possession of the last Product.
- 7.3. The Consumer may withdraw from the Sales Contact by submitting to us a statement of withdrawal from the Sales Contract. They may do so using a form attached to the Sales Contract (use of the form is not mandatory), as well as through the Shop’s IT tools, if available.
- 7.4. To meet the withdrawal deadline it is sufficient for the Consumer to provide information concerning the exercise of their right of withdrawal before the expiry of the withdrawal period.
- 7.5. We are under an obligation to promptly send the Consumer an acknowledgement of receipt of the notice of withdrawal from the Sales Contract.
- 7.6. In case of withdrawal from the Sales Contract, we will return to the Consumer all payments received from them, including the costs of delivery of items (except for additional costs arising from the Consumer’s choice of a method of delivery other than the cheapest method of delivery offered at the conclusion of the Sales Contract) no later than within 14 calendar days from the date, on which we have been informed about the Consumer’s decision to
withdraw from the Sales Contract, whereby we may withhold the reimbursement until we receive the Product or until we receive proof of its return, whichever occurs first. If, however, the Buyer has withdrawn from the Sales Contract concerning more than one Product only in part (i.e. they have not withdrawn from the Sales Contract with regard to all Products covered by it), instead of reimbursement of costs of delivery of all Products they will receive the difference between the costs of delivery of all Products covered by the Sales Contract and the cost of delivery, which they would have borne, if the Sales Contract concerned only the Products, for which they have not withdrawn from the Sales Contract.
- 7.7. If the Consumer has withdrawn from the Sales Contract during the conclusion of which they obtained a benefit related to the total Price of the ordered Products or the fact that the Consumer purchased certain Products (e.g. our obligation to cover Delivery Costs offered in respect of one-off purchases for a minimum amount specified by us), of which the Consumer has been informed by us and which the Consumer would not have obtained if the Sales Contract had not included Products in respect of which the Consumer has exercised the right of withdrawal under this §7, such advantage (or its equivalent) shall also be returned, unless this would be contrary to mandatory provisions of law. The reimbursement of this benefit may be settled within the framework of the general settlement between us, including by set-off.
- 7.8. Reimbursement shall be made using the same means of payment used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise; in no event shall the Consumer incur any fees in connection with such reimbursement.
- 7.9. Under no circumstances shall we collect the Product directly from the Consumer. The Product shall be sent back or handed over to the address specified in the e-mail containing the confirmation of receipt of the statement of withdrawal from the Contract, immediately and in any case not later than within 14 calendar days from the date on which the Consumer informed us of the withdrawal from the Sales Contract. The deadline is met if the Product is sent back before the expiry of the deadline of 14 calendar days.
- 7.10. The Buyer shall bear the direct costs of returning the Product, which shall generally correspond to the costs of packing the Product and sending it back by post to our address. If these costs, with regard to a particular Product, were to be higher, the Consumer will be informed of this before placing the Order.
- 7.11. The Consumer shall be liable only for diminished value of the Product resulting from the use of it in a manner other than it was necessary to determine the nature, characteristics and functioning of the Product.
- 7.12. The right of withdrawal from the contract concluded at a distance does not apply to the Consumer in relation to the contract:
- 7.12.1. for the provision of services if the trader has performed the service in full with the express consent of the Consumer, who was informed before the start of performance, that after the performance by the trader will lose the right of withdrawal;
- 7.12.2. in which the price or remuneration is dependent on fluctuations in the financial market beyond our control, and which may occur before the end of the withdrawal period;
- 7.12.3. in which the subject matter of the supply is a thing not prefabricated, produced to the specification of the Consumer or serving to meet his individualized needs;
in which the subject matter of the supply is a fast deteriorating item or item that expire rapidly;
in which the subject matter of the supply is the thing delivered in a sealed package that cannot be returned after opening the package due to health protection or hygienic reasons, if the package has been opened after delivery;
in which the subject matter of the supply are things which after the delivery, by their nature, are inseparably mixed with other items;
in which the subject matter of the supply are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, but the delivery of which may only take place after 30 days, and the value of which depends on fluctuations in the market over which we have no control;
in which the Consumer has expressly requested that we come to them to carry out urgent repair or maintenance; if we provide additional services other than those requested by the Consumer or supply items other than replacement parts necessary for carrying out the repair or maintenance, the Consumer shall have the right to withdraw from the contract in relation to the additional services or items;
in which the subject matter of the supply are sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery;
for delivery of newspapers, periodicals or magazines, except for a subscription contract;
concluded at a public auction;
for provision of accommodation other than for residential purpose; transport of goods; car rental; catering; services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of service;
for the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the Consumer’s express consent before the end of the withdrawal period, and after the trader has informed them about the loss of the right of withdrawal.
Complaints and dispute resolution
- 8.1. The Buyer may submit complaints regarding the performance of the Sales Contract (including in particular complaints regarding defects of the items) via e-mail or by post to our addresses.
- 8.2. If the Buyer wishes to exercise the rights to which they are entitled under mandatory provisions of law (such as the request for removal of defects, replacement of an item, reduction of price or withdrawal from the contract in connection with a defect), they should indicate this in the message referred to in §8.1. However, the lack of such indication shall not exclude the possibility of exercising these rights later, as long as the legal deadlines and prerequisites for their execution are met.
- 8.3. We are obliged to sell the Products free from defects and we are responsible for defects of the sold item on the principles set out in the applicable mandatory provisions of law, which includes in particular the provisions of the Polish Civil Code, but in certain situations referred to in §8.3 of the Terms it may also include the provisions of the law of a Member State of the
European Union other than Poland which is applicable to the consumer entering into the Sales Contract with us.
- 8.4. We use our best efforts to handle all complaints within 14 days following their receipt. Our reply to the complaint (in writing or by e-mail) will be sent to the physical or e-mail address of the person making the complaint provided in the complaint. If mandatory provisions of law that are applicable in a particular case provide for a shorter deadline to handle a complaint, it will be handled within that shorter deadline.
- 8.5. The parties to a Sales Contract may also, at their own discretion, use the online platform for out-of-court dispute resolution located at https://webgate.ec.europa.eu/odr/main/ under the rules provided for in applicable laws (including in particular Regulation No. 524/2013 of the European Parliament and of the Council of EU of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). Our e-mail address for the use of this method of dispute resolution is:firstname.lastname@example.org.
- 9. Applicable provisions
To the extent not regulated in the Sales Contract, the Terms and the appropriate provisions of law referred to in §8.3 of the Terms shall apply.