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Terms and Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE CANNABIS-SPOT.PL

CONTENTS:

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
TERMS AND CONDITIONS OF CONCLUDING A SALES CONTRACT
WAYS AND TERMS OF PAYMENT FOR THE PRODUCT
COST, WAYS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT
PRODUCT COMPLAINT
OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND THE RULES OF ACCESS TO THESE PROCEDURES
RIGHT OF WITHDRAWAL FROM THE CONTRACT
PROVISIONS CONCERNING ENTREPRENEURS
FINAL PROVISIONS
MODEL WITHDRAWAL FORM

GENERAL PROVISIONS

The online store, available at the Internet address www.b2bcannabis-spot.com, is operated by CANNABIS SPOT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Katowice (registered office and delivery address: ul. Tysiąclecia 15/I, 40-873 Katowice); entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000833590; the register court where the company’s records are kept: District Court Katowice-Wschód in Katowice, VIII Economic Department of the National Court Register; share capital of: PLN 5,000; NIP: 6342974613; REGON: 385781559, e-mail address: kontakt@b2bcannabis-spot.com and contact telephone number: +48 729 776 182
These Regulations are addressed to both consumers and businesses using the Online Store, unless a specific provision of the Regulations states otherwise.
The Internet Shop sells, among other things, dietary supplements, which in the light of the Food and Nutrition Safety Act (Journal of Laws 2006 No. 171, item 1225, as amended) are not medicinal products, but foodstuffs in the form of: capsules, dragees, tablets, sachets with powder, ampoules with liquid or bottles with dropper and in other similar forms. Their purpose is solely to supplement the customer’s diet with vitamins, minerals or other substances that show a nutritional or other physiological effect. Dietary supplements sold in the Online Store cannot and do not constitute a substitute for medicinal products prescribed to the Customer by a doctor.
The administrator of the 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 website of the Online Store. The privacy policy primarily contains rules regarding the Administrator’s processing of personal data in the Online Store, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

Definitions:

BUSINESS DAY – one day from Monday to Friday excluding public holidays.
REGISTRATION FORM – a form available in the Online Store that allows the creation of an Account.
ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart and determining the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, Item 93 as amended).
ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.
NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclic content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
PRODUCT – a movable item available in the Online Store, which is the subject of a Sales Agreement between the Customer and the Seller.
REGULATIONS – these regulations of the Online Store.
INTERNET SHOP – the Service Provider’s online store available at the following Internet address: www.b2bcannabis-spot.com.
SELLER; SERVICE PROVIDER – CANNABIS SPOT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Katowice (registered office and delivery address: 15/I Tysiąclecia Street, 40-873 Katowice); entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000833590; the register court where the company’s records are kept: District Court Katowice-Wschód in Katowice, VIII Economic Department of the National Court Register; share capital of: PLN 5,000; NIP: 6342974613; REGON: 385781559, e-mail address: kontakt@b2bcannabis-spot.com and contact telephone number: +48 729 776 182
PURCHASE AGREEMENT – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Store.
USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT – the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827 as amended).
ORDER – the Customer’s statement of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

ELECTRONIC SERVICES IN THE ONLINE STORE

The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter
Account – use of the Account is possible after the Service Recipient completes a total of two consecutive steps – (1) completing the Registration Form and (2) clicking the “Register” field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: e-mail address.
The Account Electronic Service is provided free of charge for an indefinite period of time. The Service Recipient has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to the address: reklamacje@b2bcannabis-spot.com or also in writing to the address: Store Cannabis Spot, Tysiąclecia 15, 40-873 Katowice.
Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed when the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking on the “I buy and pay” box on the Web Store page after completing the Order Form. – Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning 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 company name and Tax Identification Number.
The Electronic Order Form Service is provided free of charge and has a one-time nature, and terminates at the time of placing an Order through it, or at the time of earlier termination of placing an Order through it by the Customer.

Newsletter – using the Newsletter is possible after providing in the “Newsletter” tab visible on the site of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the “Sign up” box. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account – the moment the Account is created, the Customer is signed up for the Newsletter.

The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider, in particular by e-mail to the address: reklamacje@b2bcannabis-spot.com or also in writing to the address: Sklep Cannabis Spot, Tysiąclecia 15, 40-873 Katowice.
Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1920×1080; (5) enable cookies and Javascript in the web browser.
The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.

Complaint procedure regarding Electronic Services:
Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions), the Customer may submit, for example:
in writing to the address: Store Cannabis Spot, Tysiąclecia 15, 40-873 Katowice;
in electronic form via e-mail to: reklamacje@b2bcannabis-spot.com.
It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client’s request; and (3) contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

TERMS AND CONDITIONS OF CONTRACT OF SALE

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 Terms and Conditions.
The price of the Product shown on the website of the Online Store is given in Polish zloty and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as the costs of delivery (including transport, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined – the obligation to pay them, the Client is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Client’s will to be bound by the Sales Agreement.
Procedure for concluding a Sales Agreement in the Online Store using the Order Form.
The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.
After placing an 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 message to the Customer’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place through (1) making these Terms and Conditions available on the website of the Online Store, and (2) sending the Customer the e-mail message, referred to in item. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

The Seller provides the Customer with the following methods of payment for the Sales Agreement:
Payment in cash on delivery upon receipt of the shipment.
Payment in cash upon personal collection.
Payment by bank transfer to the Seller’s bank account.
Electronic payment and payment card payments via PayU.pl or Paynow – possible current payment methods are specified on the Online Store website in the information tab on payment methods (https://b2bcannabis-spot.com/sposoby-platnosci/) and on the website http://www.payu.pl and https://paynow.pl.
Settlement of electronic payment and payment card transactions is carried out according to the Customer’s choice via PayU.pl or Paynow. Processing of electronic payments and payment cards is carried out by:
PayU.pl – a company PayU S.A. based in Poznań (registered office address: 182 Grunwaldzka Street, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań; share capital in the amount of PLN 4,944,000.00 fully paid up; NIP: 7792308495;
Paynow.pl – Paynow.pl – a company mBank S.A. with its registered office in Warsaw (address: 18 Senatorska St., 00-950 Warsaw), entered in the Register of Entrepreneurs of the National Court Register under number 0000025237; registration files kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register; share capital 168,840,628.00 PLN fully paid up; NIP: 5260215088.
Payment term:
If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
If the Customer chooses cash-on-delivery payment upon delivery of the shipment or cash-on-person payment, the Customer shall be obliged to make payment upon delivery of the shipment.

COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

Delivery of the Product is available on the territory of the Republic of Poland.
Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Shop in the information tab concerning delivery costs and during placing the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free of charge.
The Seller provides the Customer with the following methods of delivery or collection of the Product:
Postal delivery, cash on delivery.
Courier shipment, cash on delivery.
Parcel delivery.
Personal collection available at: Cannabis Spot store, Tysiąclecia 15, 40-873 Katowice – on Business Days, from 10:00 to 18:00.
The term of delivery of the Product to the Customer is up to 5 Business Days, unless a shorter term is specified in the description of the given Product or during the placing of the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 5 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or checking account.
If the Customer chooses the method of payment by cash on delivery – from the date of conclusion of the Sales Agreement.
Deadline for readiness of the Product for pick-up by the Customer – if the Customer chooses to pick up the Product in person, the Product will be ready for pick-up by the Customer within the 1st Business Day, unless a shorter deadline is specified in the description of the Product in question or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date specified, which, however, shall not exceed the 1st Business Day. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of readiness of the Product for collection by the Customer is calculated as follows:
If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
If the Customer chooses the method of payment by cash on delivery in person – from the date of conclusion of the Sales Agreement.

PRODUCT COMPLAINT

The basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).
The Seller is obliged to provide the Customer with a Product without defects.
In the case of Products described as used or defective, the Seller is obliged to deliver to the Client the Product in accordance with the description on the website of the Online Shop, including, in particular, the Product free from defects other than those indicated in the Product description, of which the Client was informed before making the purchase.
In the case of Products marked on the pages of the Online Store as used or defective, with which there is a detailed description of the Products along with a description of the defects of these Products, the Seller is exempted from liability under warranty if the Customer knew about the defect at the time of concluding the contract, in accordance with Article 557 § 1 of the Civil Code.
In the case of Products marked on the pages of the Online Store as used, the Seller’s liability is limited to a period of 1 year from the date of delivery of the item to the Customer, in accordance with Article 568 § 1 of the Civil Code.
A complaint can be submitted by the Customer, for example:
in writing to the address: Store Cannabis Spot, Tysiąclecia 15, 40-873 Katowice;
in electronic form via e-mail to: reklamacje@b2bcannabis-spot.com,
through the form available at: https://b2bcannabis-spot.com/zwroty-i-reklamacje/.
It is recommended that the Customer provide 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 the defect; (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer, exercising warranty rights, demanded replacement of the item or removal of the defect, or made a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this demand within 14 calendar days, it is considered that the Seller recognized the demand as justified.
The customer who exercises warranty rights is obliged to deliver the defective product to the address: Store Cannabis Spot, Tysiąclecia 15, 40-873 Katowice. In the case of a Customer who is a consumer, the cost of delivering the Product shall be borne by the Seller. If, due to the nature of the Product or the way it is installed, delivery of the Product by the Customer who is a consumer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a consumer is excluded.

OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector in charge of the Seller’s place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, 8:00-18:00, call charge according to the operator’s tariff).
A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

RIGHT OF WITHDRAWAL

A consumer who has entered into a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The statement of withdrawal from the contract may be made, for example:
in writing to the address: Sklep Cannabis Spot, Tysiąclecia 15, 40-873 Katowice;
in electronic form via e-mail to: reklamacje@b2bcannabis-spot.com,
through the form available at: https://b2bcannabis-spot.com/zwroty-i-reklamacje/.
A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in sec. 11 of the Regulations. The consumer may use the sample form, but it is not mandatory.
The period for withdrawal from the contract begins:
for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Contract) – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;
for other contracts – from the date of conclusion of the contract.
In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded.
The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.

The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address: Sklep Cannabis Spot, Tysiąclecia 15, 40-873 Katowice.
The Consumer is responsible for the decrease in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
Possible costs associated with withdrawal by the consumer from the contract, which the consumer is obliged to bear:
If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by the consumer.
The consumer shall bear the direct costs of returning the Product.
In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, 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 fulfilled performance.
The right of withdrawal from a contract concluded at a distance does not apply to the consumer with regard to contracts:
(1) contracts for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance by the Seller he will lose the right to withdraw from the contract; (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 expiry of the deadline for withdrawal; (3) in which the subject of the performance is a non-refabricated product, manufactured to the consumer’s specifications or serving to meet his individual needs; (4) in which the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery; (6) in which the subject of the performance are Products which, after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract.
The provisions contained in this Section 8. of the Terms and Conditions concerning the consumer shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his/her business activity, when it follows from the content of the contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

PROVISIONS FOR ENTREPRENEURS

This Section 9. of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and from January 1, 2021 and for contracts concluded from that date, who is not also a natural person entering into a contract directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method chosen by the Client and the fact of concluding a Sales Agreement.
The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a relevant statement to the Client.
The Service Provider’s/Customer’s liability to the Service Recipient/Client, 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 the cost of delivery under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller is also not liable for the delay in transportation of the shipment.
Any disputes arising between the Seller/Service Provider and the Customer/Customer shall be submitted to the court having jurisdiction over the Seller/Service Provider’s registered office.

FINAL PROVISIONS

Contracts concluded through the Online Store are concluded in the Polish language.
Change of Terms and Conditions:
The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in legislation; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services – Account), the amended Regulations are binding for the Service Recipient, if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been correctly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the amendment of the Regulations would result in the introduction of any new fees or an increase in current fees, the Service Recipient has the right to withdraw from the contract.
In the case of conclusion of contracts other than continuous contracts (e.g. Sales Agreement) under these Terms and Conditions, the amendments to the Terms and Conditions will not in any way affect the acquired rights of Service Recipients/Customers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions will not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of commonly applicable law.
Information on waste electrical and electronic equipment