Statute
1. GENERAL PROVISIONS
1.1. The Online Store available at www.uptrend.pl is run by UPTREND POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łazy (registered office and delivery address: ul. Przyszłości 21, 05-552 Łazy); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000798065; registry court where the company’s documentation is kept: District Court for the Capital City of Warsaw Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital in the amount of: PLN 10,000; NIP: 1231446156; REGON: 384063550, e-mail address: info@uptrend.pl and contact telephone number: 783642091.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and the Seller’s statutory obligations).
1.4. Definitions:
1.1.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.1.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.1.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.1.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.1.5. CIVIL CODE – Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
1.1.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider’s IT system, in which data provided by the Service Recipient and information about the Orders placed by him in the Online Store are collected.
1.1.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
1.1.8. PRODUCT – a movable item available in the Online Store (including a movable item with digital elements, i.e. containing digital content or a digital service or connected to them in such a way that the lack of digital content or digital service would prevent its proper functioning), which is the subject of the Sales Agreement between the Customer and the Seller.
1.1.9. REGULATIONS – these regulations of the Online Store.
1/1/10. ONLINE STORE – the Service Provider’s online store available at the Internet address: www.uptrend.pl.
1/1/11. SELLER, SERVICE PROVIDER – UPTREND POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łazy (registered office and delivery address: ul. Przyszłości 21, 05-552 Łazy); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000798065; registry court where the company’s documentation is kept: District Court for the Capital City of Warsaw Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital in the amount of: PLN 10,000; NIP: 1231446156; REGON: 384063550, e-mail address: info@uptrend.pl and contact telephone number: 783642091.
1/1/12. SALES AGREEMENT – a Product sales agreement (in the case of movable items and movable items with digital elements), concluded or concluded between the Customer and the Seller via the Online Store.
1/1/13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store and not being a Product.
1/1/14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law – using or intending to use the Electronic Service.
1/1/15. CONSUMER RIGHTS ACT – Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
1/1/16. ORDER – the Customer’s declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
1/1/17. Account – using the Account is possible after completing a total of three subsequent steps by the Service User – (1) completing the Registration Form, (2) clicking the “Create an account” field and (3) confirming the intention to create an Account by clicking on the confirmation link sent automatically to the provided address. e-mail. In the Registration Form, the Service User must provide the following data: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
1.1.17.1. The Electronic Account Service is provided free of charge for an indefinite period of time. The Service User may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: info@uptrend.pl or in writing to the following address: ul. Przyszłości 21, 05-552 Łazy.
1/1/18. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. Placing an order takes place after the Customer completes a total of two subsequent steps – (1) after completing the Order Form and (2) clicking on the “Confirm purchase” field on the Online Store website after completing the Order Form – until then, it is possible to independently modify the entered data (including purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data regarding the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
1.1.18.1. The Electronic Order Form Service is provided free of charge and is of a one-time nature and ends when an Order is placed via it or when the Service User stops placing an Order via it.
1/1/19. Newsletter – the Newsletter is used after providing the e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab visible on the Online Store website and clicking the “Subscribe” box. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – when the Account is created, the Service Recipient is subscribed to the Newsletter.
1.1.19.1. The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: info@uptrend.pl or in writing to the following address: ul. Przyszłości 21, 05-552 Łazy.
2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) current version of the web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The service recipient is obliged to enter data consistent with the actual situation. The Service Recipient is prohibited from providing illegal content.
2.4. The complaint procedure regarding Electronic Services is indicated in point. 6. Regulations.
3. CONDITIONS OF CONCLUDING A SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point.
2.1.2 of the Regulations.
3.2. The Product price or remuneration for the Product shown on the Online Store website is given in Polish zloty and includes taxes. About the total price or remuneration including taxes, and if the nature of the Product does not allow, reasonably assessing, to calculate their amount in advance – the way in which they will be calculated, as well as the delivery costs (including fees for transport, delivery or postal services ) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, the Customer is informed on the Online Store’s website, including when placing the Order and when the Customer expresses the will to be bound by the Sales Agreement. In the case of a Product Sales Agreement concluded for an indefinite period or including a subscription, the Seller provides in the same way the total price or remuneration covering all payments for the settlement period, and if the Sales Agreement provides for a fixed rate – also the total monthly payments.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
1/1/20. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Regulations.
1/1/21. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declarations about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the e-mail message referred to in point. 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
1/1/22. Cash on delivery upon delivery.
1/1/23. Payment in cash upon personal pickup.
1/1/24. Payment by transfer to the Seller’s bank account.
1/1/25. Electronic payments and payment card payments via the Dotpay.pl website – possible current payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website https://www.dotpay.pl/.
1.1.25.1. Settlement of transactions with electronic payments and payment cards is carried out in accordance with the Customer’s choice via the Dotpay.pl website. Electronic and payment card payments are handled by:
1.1.25.1.1. Dotpay.pl – PAYPRO SPÓŁKA AKCYJNA company with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division National Court Register under KRS number 0000347935, share capital: PLN 5,476,300.00, NIP 7792369887, REGON 301345068.
4.2. Date of payment:
1/1/26. If the Customer chooses to pay by bank transfer, electronic payment or card payment, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
1/1/27. If the Customer chooses to pay cash on delivery upon receipt of the shipment or to pay in cash upon personal pickup, the Customer is obliged to make the payment upon receipt of the shipment.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product is available within the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store’s website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
1/1/28. Postal shipment, cash on delivery.
1/1/29. Courier delivery, cash on delivery courier delivery.
1/1/30. Pallet shipment.
1/1/31. Personal collection available at: ul. Przyszłości 21, 05-552 Łazy – on Business Days, from 08:00 to 15:00.
5.5. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter time is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 7 Business Days. The beginning of the delivery period of the Product to the Customer is counted as follows:
1/1/32. If the Customer chooses the payment method by transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
1/1/33. If the Customer chooses the cash on delivery method of payment – from the date of conclusion of the Sales Agreement.
5.6. Deadline for the Product to be ready for collection by the Customer – if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter deadline is specified in the description of a given Product or when placing the Order. In the case of Products with different readiness for collection dates, the readiness for collection date is the longest given date, which, however, cannot exceed 2 Business Days. The Customer will be additionally informed by the Seller about the Product’s readiness for collection. The beginning of the period for the Product to be ready for collection by the Customer is counted as follows:
1/1/34. If the Customer chooses the payment method by transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
1/1/35. If the Customer chooses the method of payment in cash upon personal collection – from the date of conclusion of the Sales Agreement.
6. COMPLAINT HANDLING PROCEDURE
6.1. This point 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. A complaint may be submitted, for example:
1/1/36. in writing to the following address: ul. Przyszłości 21, 05-552 Łazy;
1/1/37. in electronic form via e-mail to the following address: reklamacje@uptrend.pl.
6.3. The Product may be sent or returned as part of a complaint to the following address: ul. Przyszłości 21, 05-552 Łazy.
6.4. It is recommended to include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities or lack of compliance with the contract; (2) requesting a method of achieving compliance with the contract or a declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the person filing the complaint – this will facilitate and speed up the processing of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. If the complainant changes the contact details provided while the complaint is being considered, he or she is obliged to notify the Seller.
6.6. The complainant may attach evidence (e.g. photos, documents or the Product) related to the subject of the complaint to the complaint. The Seller may also ask the person filing the complaint to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the consideration of the complaint by the Seller.
6.7. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.8. The basis and scope of the Seller’s statutory liability are specified in generally applicable provisions of law, in particular in the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). .). Additional information regarding the Seller’s liability for the compliance of the Product with the Sales Agreement provided for by law is provided below:
1/1/38. In the event of a complaint about a Product – a movable item – purchased by the Customer under the Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in force until December 31, 2022, in particular Art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.
1/1/39. In the event of a complaint about a Product – a movable item (including a movable item with digital elements), but excluding a movable item that serves only as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023, are specified provisions of the Consumer Rights Act in force from January 1, 2023, in particular Art. 43a – 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.9. In addition to the statutory liability, a warranty may be granted for the Product – this is a contractual (additional) liability and can be used when the Product is covered by a warranty. The warranty may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed conditions regarding liability under the warranty, including details of the entity responsible for implementing the warranty and the entity authorized to use it, are available in the description of the warranty, e.g. in the warranty card or elsewhere regarding the granting of the warranty. The Seller indicates that in the event of non-compliance of the Product with the contract, the Customer is entitled to legal remedies by operation of law on the part of and at the expense of the Seller and that the warranty does not affect these legal remedies.
6/10. Included in section 6.8.2. The provisions relating to the consumer of the Regulations also apply to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available to him/her. pursuant to the provisions on the Central Registration and Information on Business.
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Methods of resolving disputes without court participation include (1) enabling the parties’ positions to be approximated, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation, and (3) resolving the dispute and imposing its solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, rules of access to these procedures and a friendly search engine for entities dealing with amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection at: https://polubowne .uokik.gov.pl/.
7.2. There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) via e-mail – by sending a message to the following address: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator’s tariff).
7.4. A platform for the online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. PRAWO ODSTĄPIENIA OD UMOWY
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point. 8.7 of the Regulations. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
1/1/40. in writing to the following address: ul. Przyszłości 21, 05-552 Łazy;
1/1/41. in electronic form via e-mail to the following address: reklamacje@uptrend.pl.
8.2. The return of the Product – movable items (including movable items with digital elements) as part of the withdrawal from the contract may be made to the following address: ul. Przyszłości 21, 05-552 Łazy.
8.3. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 12 of the Regulations. The consumer may use the template form, but this is not obligatory.
8.4. The deadline for withdrawal from the contract begins:
1/1/42. for a contract under which the Seller issues the Product, being obliged to transfer its ownership – from the consumer or a third party designated by him other than the carrier taking possession of the Product, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves regular delivery of Products for a specified period of time – from taking possession of the first Product;
1/1/43. for other contracts – from the date of conclusion of the contract.8.5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.8.6. Products – movable items, including movable items with digital elements:
1/1/44. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product – movable items, including movable items with digital elements (except additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or the consumer provides proof of its return. , depending on which event occurs first.
1/1/45. In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it. , unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
1/1/46. The Consumer is responsible for reducing the value of the Product – a movable item (including movable items with digital elements) – resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
1/1/47. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
1/1/48. In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.
1/1/49. In the case of a Product – a service, the performance of which – at the express request of the consumer – began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.8. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
1/1/50. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the contract, and has accepted this is for your information; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – non-prefabricated, manufactured according to the consumer’s specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the provision are Products – movable items (including movable items with digital elements) – which, after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) – other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to for additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract , and acknowledged it, and the Seller provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price, for which the consumer has expressly requested the Seller to come to him for repairs, and the service has already been fully performed with the express and prior consent of the consumer.
8.9. The consumer provisions contained in this point 8 of the Regulations apply to contracts concluded from January 1, 2021 also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that he/she does not have for this person of a professional nature, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
9. PROVISIONS APPLICABLE TO ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and therefore binding only the Customer or the Service Recipient who is not a consumer. Moreover, from January 1, 2021 and for contracts concluded from that date, this point of the Regulations and all the provisions contained therein are not addressed to and therefore do not bind the Customer or Service Recipient who is a natural person concluding a contract directly related to his/her business activity, when from the content this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the business activity carried out by him, made available on the basis of the provisions on the Central Registration and Information on Economic Activity, unless the provisions contained in this point of the Regulations apply to these persons is not prohibited.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sales Agreement may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller’s liability under the warranty for the Product or lack of compliance of the Product with the Sales Agreement is excluded.
9.4. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.
9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service User an appropriate statement.
9.7. The Service Provider/Seller’s liability towards the Service Recipient/Customer, regardless of its legal basis, is limited – both as part of a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than up to the amount of one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The seller is also not responsible for delays in shipment.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
10. PRODUCT OPINIONS
10.1. The Seller allows its Customers to post and access opinions about Products and the Online Store under the terms set out in this point of the Regulations.
10.2. It is possible for the Customer to submit an opinion after using the form enabling adding an opinion about the Product or Online Store. This form may be made available directly on the Online Store’s website (including via an external widget) or may be made available via an individual link received by the Customer after purchase to the e-mail address provided by him. When adding an opinion, the Service User may also add a graphic rating or photo of the Product – if such an option is available in the opinion form.
10.3. An opinion about a Product may only be issued for Products actually purchased in the Seller’s Online Store and by the Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements in order to provide opinions about the Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
10.4. Adding opinions by Customers cannot be used for illegal activities, in particular for activities constituting an act of unfair competition or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and good practices.
10.5. Opinions may be made available directly on the Online Store website (e.g. for a given Product) or on an external website collecting opinions with which the Seller cooperates and to which the Seller links on the Online Store website (including via an external widget located on the Online Store website).
10.6. The Seller ensures that published opinions about the Products come from its Customers who purchased a given Product. For this purpose, the Seller takes the following actions to check whether the opinions come from its Customers:
1/1/51. Publishing an opinion issued using a form available directly on the Online Store website requires prior verification by the Seller. Verification consists in checking the compliance of the opinion with the Regulations, in particular in checking whether the person giving the opinion is a Customer of the Online Store – in this case, the Seller checks whether the person made a purchase in the Online Store, and in the case of an opinion about a Product, additionally checks whether he or she purchased the reviewed Product. Verification takes place without undue delay.
1/1/52. The Seller sends its Customers (including via an external opinion collection service with which it cooperates) an individual link to the e-mail address provided by the Seller during the purchase – in this way, only the Customer who purchased the Product in the Online Store has access to the opinion form.
1/1/53. In the event of the Seller’s doubts or reservations addressed to the Seller by other Customers or third parties as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product, the Seller reserves the right to contact the author of the opinion to clarify and confirm that he is actually a Customer of the Online Store. or purchased the reviewed Product.
10.7. Any comments, appeals against the verification of the opinion, or reservations as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Regulations.
10.8. The Seller does not post or commission any other person to post false opinions or recommendations of Customers and does not distort Customers’ opinions or recommendations in order to promote its Products. The seller provides both positive and negative opinions. The seller does not provide sponsored reviews.
11. FINAL PROVISIONS
11.1. Contracts concluded via the Online Store are concluded in Polish.
11.2. Changes to the Regulations:
1/1/54. The Service Provider reserves the right to make changes to these Regulations for important reasons, i.e.: changes in legal provisions; changes in payment or delivery methods or timing, becoming subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; adding new Electronic Services; the need to counteract unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Regulations.
1/1/55. Notification of proposed changes is sent in advance at least 15 days before the date of entry into force of these changes, provided that the change may be introduced without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation pursuant to which is obliged to amend the Regulations in a way that makes it impossible for him to comply with the 15-day notice period; or (2) must, by way of exception, amend its Regulations to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the previous sentence, changes are introduced with immediate effect, unless it is possible or necessary to apply a longer deadline for introducing changes, which is each time notified by the Service Provider.
1/1/56. In the case of continuous contracts (e.g. provision of Electronic Services – Account), the Service User has the right to terminate the contract with the Service Provider before the expiry of the notification period about the proposed changes. Such solution becomes effective within 15 days from the date of receipt of the notification. In the event of concluding a continuous contract, the amended Regulations are binding on the Service Recipient if he was properly notified about the changes in accordance with the notification period before their introduction and did not terminate the contract during this period. Additionally, at any time after receiving notification of changes, the Service User may accept the changes and thus waive the further duration of the notification period. In the event of concluding an agreement of a different nature than continuous agreements, changes to the Regulations will not in any way violate the rights acquired by the Service User before the date of entry into force of the amendments to the Regulations, in particular, changes to the Regulations will not affect Orders already placed or submitted as well as concluded, implemented or completed Orders. Sales Agreements.
1/1/57. If a change to the Regulations results in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the contract.
11.3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); Consumer Rights Act; and other relevant provisions of generally applicable law.
12. SAMPLE WITHDRAWAL FORM (APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
