TERMS AND CONDITIONS OF THE ONLINE STORE

• 1

PRELIMINARY PROVISIONS

1. The Online Store ……………………….., available at the internet address ………………………………, is run by ………………………………..
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Client remotely via the Store.
3. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store website, as well as to patterns, forms, logos posted on the Online Store website (except for logos and photos presented on website of the Online Store for the purpose of presenting goods to which copyrights belong to third parties) belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.

• 2

DEFINITIONS

1. Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his business or professional activity.
2. Seller – ……………………………………….
3. Client – any entity that has created an Account or made purchases via the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store.
5. Online Store – an online store run by the Seller at the Internet address …………………..
6. Distance contract – a contract concluded with the Client as part of an organized system for concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the moment of concluding the contract.
7. Regulations – these Regulations of the Store.
8. Order –the Client’s declaration of intent submitted via the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
9. Account – the Client’s account in the Store, it collects data provided by the Client and information about Orders placed by him in the Store.
10. Order form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
11. Cart – an element of the Store’s software, in which the Products selected by the Clientfor purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
12. Product – a movable item/service available in the Store, which is the subject of the Sales Agreement between the Client and the Seller.
13. Sales Agreement – a Product sales agreement concluded or concluded between the Client and the Seller via the Online Store. The Sales Agreement is also understood as – applying to the characteristics of the Product – a contract for the provision of services.

• 3

CONTACT WITH THE STORE

1. The Seller’s address: …………………………….
2. The Seller’s e-mail address: ………………..
3. The Seller’s telephone number: ………………
4. The Seller’s bank account number …………………………….
5. The Client may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The Client may communicate with the Seller by phone during the hours………….

• 4

GENERAL INFORMATION

1. The Seller, to the fullest extent permitted by law, is not responsible for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Client’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Placing Orders by the Client for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 5 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
3. The prices given in the Store are given in PLN and are gross prices (including VAT).
4. The final (final) amount to be paid by the Client consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Client is informed on the Store’s website when placing the Order, including in the moment of expressing the will to be bound by the Sales Agreement.
5. When the nature of the subject of the Agreement does not allow, judiciously judging, to calculate the final (final) price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be provided in the Store in the description of the Product.

• 5

ESTABLISHING AN ACCOUNT IN THE STORE

1. To set up an Account in the Store, you must complete the registration form. It is necessary to provide the following data …………………………………………………………
2. Setting up an Account in the Store is free.
3. Logging into the Account is done by entering the login and password.
4. The Client may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

• 6

RULES FOR PLACING AN ORDER

In order to place an Order, you must:

1. log in to the Store or use the option of placing an Order without registration;
2. select the Product being the subject of the Order, and then click the “Add to Cart” button (or equivalent);
3. if the option of placing an Order without registration has been selected – fill in the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the details of the recipient of the Order;
4. click the “Order and pay” button;
5. choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period.

• 7

PAYMENTS

1. The prices on the Shop Website placed next to a given Product are gross prices and do not contain information on the costs of Delivery and any other costs that the Client will be obliged to incur in connection with the Sales Agreement, about which the Client will be informed when choosing the method of Delivery and placing the order.
2. The Client may choose the following payment methods for the ordered Products:
   1. .…………..
   2. .…………
3. If the Client fails to make the payment on time, the Seller has the right to withdraw from the Sales Agreement. After the expiry of the deadline for payment, the Seller will send the Client on a durable medium a statement of withdrawal from the contract pursuant to art. 492 of the Civil Code.

• 8

PERFORMANCE OF THE SALES AGREEMENT

1. The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client has placed an Order using the Order Form in the Online Store in accordance with § 6 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the appropriate e-mail to the Client by the Seller to the Client’s e-mail address provided when placing the Order, which contains at least the Seller’s statement on receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Client, a Sales Agreement is concluded between the Client and the Seller.
3. The ordered Products are delivered to the Client via the supplier to the address indicated in the Order Form or collected in person. If the Client has purchased the service, the service will be provided within …………
4. On the day of sending the Product to the Client (if the possibility of personal collection of the Product has not been selected), information confirming the shipment by the Seller is sent to the Client’s e-mail address.
5. The Client is obliged to examine the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Client has the right to request the supplier’s employee to write down the appropriate protocol.
6. The Client has the option of collecting the ordered Product in person.
7. If the Client has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time limit indicated in its description (subject to paragraph 4 of this paragraph), in the manner chosen by the Client when placing the Order.
8. In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
9. If the Client chooses to collect the Product in person, the Product will be ready for collection by the Client on the date indicated in the Product description. The Client will be additionally informed about the readiness of the Product for collection by the Seller by sending an appropriate e-mail to the Client’s e-mail address provided when placing the Order.
10. The Product is delivered within the territory of the Republic of Poland.
11. Delivery of the Product to the Client is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Client on the Online Store website in the “Delivery costs” tab and when placing the Order, including when the Client expresses his will to be bound by the Sales Agreement.
12. Personal collection of the Product by the Client is free of charge.

• 9

RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in par. 1 begins with the delivery of the Product to the Consumer or a person indicated by him other than the supplier.
3. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
4. The statement may be sent by traditional mail or electronically by sending the statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form, the template of which is annex to the Act of 30 May 2014 on consumer rights, however, it is not mandatory.
5. If the Consumer sends a statement electronically, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
6. The effects of withdrawing from the Agreement:
   1. In the event of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
   2. In the event of withdrawal from the Agreement, the Seller returns to the Consumer immediately, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the item, with the exception of additional costs resulting from the Consumer’s choice a method of delivery other than the cheapest standard delivery method offered by the Seller.
   3. The Seller will return the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to a different solution that will not involve any costs for him.
   4. The Seller may withhold the reimbursement until receipt of the Product back or until proof of its return is provided to him, depending on which event occurs first.
   5. The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
   6. The Consumer bears the direct cost of returning the Product, including the cost of returning the Product if, due to its nature, the Product could not be returned by regular mail.
   7. The Consumer is only liable for a decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
7. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the cost of returning the Product, will be included in the Product description in the Store.
8. The right to withdraw from the Agreement is not entitled to the Consumer in relation to the Agreement:
   1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs,
   2. in which the subject of the service is an item 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,
   3. in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
   4. 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 commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement,
   5. 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 to withdraw from the Agreement,
   6. in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery,
   7. in which the object is medical devices.

• 10

COMPLAINT AND WARRANTY

1. The Sales Agreement covers new Products.
2. The Seller is obliged to provide the Client with an item free from defects.
3. In the event of a defect in the goods purchased from the Seller, the Client has the right to make a complaint based on the provisions on warranty in the Civil Code.
4. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
5. It is recommended that the complaint include, among others: a concise description of the defect, circumstances (including the date) of its occurrence, details of the Client submitting the complaint, and the Client’s request in connection with the defect.
6. The Seller will respond to the complaint request immediately, and if the Client is a Consumer – no later than within 14 days. If the Client is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Client’s request was considered justified
7. Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.
8. If a warranty has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.

• 11

EXTRA-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SUFFERING CLAIMS

1. Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php;

http://www.uokik.gov.pl/wazne_adresy.php.

2. The Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
   1. The Consumer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection, with a request to settle a dispute arising from the Agreement concluded with the Seller.
   2. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection, with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
   3. The Consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

• 12

PERSONAL DATA IN THE ONLINE STORE

1. The administrator of Clients’ personal data collected via the Online Store is the Seller.
2. The rules for the protection of Personal Data are included in the Privacy Policy.

• 13

FINAL PROVISIONS

1. Agreements concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Client of any change at least 7 days in advance.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the act on consumer rights, the act on the protection of personal data.
4. The Client has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
5. The Regulations come into force on ………..